Will work permit be approved?

Asked 9 months ago - Mesa, AZ

Husband had a court date on Oct 10, 2012 for asylum case. Applied for work permit on June 20, 2013 with no desicion still made on court case at that time. Judge ruled voluntary departure on August 19, 2013. We paid the fee for departure and filed appeal on the 23rd of August. We still have no decision on his work permit. Will he be allowed to get permit or do we have to start over and reapply?

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you were eligible for EAD at the trial level, you would be at the appellate level. Otherwise, you facts are inconclusive to provide any more detailed answer.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  2. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with my colleagues ... you have a case of status quo.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Stephen D. Berman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Time on appeal does not count towards the "clock" to make him eligible for a work permit. If he was not eligible on the day of his trial, he is still not eligible.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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