What is the best time to apply for EAD ? After AO granted my asylum case , they sent me a notice of intent to terminate .

Asked over 1 year ago - Atlanta, GA

I will got for the interview next month . I know all the possibilities and I am aware that if the AO decides to terminate my asylum status , they will put me in removal proceeding in front of a judge . If this happens , of course I will apply for " withholding of removal " . I know that while the withholding of removal application is pending in the court , I can apply for EAD ( which will take minimum 3 months to be approved ) . Now , How long time will it normally take between " termination of asylum by asylum officer " and filing a " withholding of removal " application in the court that will be requested , I guess , in the calender hearing . Say if this takes 3 months + 3 months of waiting for EAD to be approved . Does this mean that during these 6 months I will not have any employment authorization ?

Additional information

I guess that 6 months are the minimum period. I had the feeling that it can be more ( 9 to 12 months) How can I overcome this situation? As I should apply for residency positions in US hospitals by this critical period of my time. I am International Medical Graduate who has finished his US board exams and I am eligible to apply for hopsitals residency training programs. I don't want this dream to disappear, just because " waiting periods and processing times" . Any way to overcome this?

Attorney answers (3)

  1. Justin G. Randolph

    Contributor Level 16


    Lawyers agree

    Answered . You absolutely have to hire a lawyer. This is not something you are likely to be successful at alone.

    My answering this question does not form an attorney-client relationship. Always retain a qualified attorney... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20


    Lawyers agree

    Answered . You have educated yourself on various timelines to understand all variables of the most efficient EAD filing; however, your knowledge is very basic and falls short of the needed expertise. In my professional opinion, you may never substitute a competent legal professional by surmising like “If this happens, of course I will apply for” withholding of removal “et cetera. To advise you to how practice complex immigration law pro se would be not only foolish, but unprofessional.
    Alos, there is no such notion as "normal" in any immigration proceedings as each case is shaped by its unique circumstances and facts and its timelines change accordingly.
    You need a professional attorney.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyer agrees

    Answered . Why would you apply only for withholding of removal and not ask for a review of the claim for asylum?

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
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