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Working permit on pending Asylum case.

Newark, NJ |

My asylum case is currently pending. I had submitted new evidences on February after a NOID (Notice of Intent to Deny) was given. It has been almost 4 months as well. I am on OPT status after graduating from college. My OPT expires this July and in order to be in status I am planning to join grad school. Would I loose my status if I apply for work permit through pending asylum case? What kind of status would I be in once I have the work permit?

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Attorney answers 3

Posted

Generally speaking, a pending application for asylum does not effect your current status so long as you continue to comply with the requirements of that status. Thus, obtaining an asylum based EAD will not violate your F-1 student status so long as you continue to lawfully maintain F-1 student status (i.e stay in school, etc.). If you do not maintain status and you are not granted asylum, you will most likely be placed in removal proceedings as an alien present in the U.S. who has failed to maintain lawful nonimmigrant status. Consult with an experienced immigration attorney for advise specific to your situation.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

Asker

Posted

Thank you for the comment. So I have to be in School and maintain F-1 Status even if I get EAD? And how long would I get the EAD for? What happens if my case is denied?

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

Generally speaking, if the alien is not maintain lawful status and USCIS decides not to grant asylum then a Notice to Appear is issued and the alien is placed in removal proceedings due to the fact that he or she is unlawfully present in the United States. What will happen in your case will depend upon its specific facts. Schedule a consultation with an experienced immigration attorney for case specific advice. Many attorneys will conduct consultations via telephone or Skype for clients out of their area. Click on this link for advice on what to look for when retaining immigration counsel: http://www.avvo.com/legal-guides/ugc/how-to-hire-an-immigration-attorney

Posted

No, an application for an EAD does not violation your status.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

So when I get the EAD, I dont have to be enrolled in college? And how long would I get the EAD for? What happens if my case is denied?

Posted

Recommend you keep the F1 active till you know what is going to happen to the asylum case.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.

Asker

Posted

Even if get the EAD, would I have to be in F1 Status and have to go to school ?

Anu Gupta

Anu Gupta

Posted

I recommend it. Or get another visa status - atleast till you receive the decision on the asylum case. Having said this- you should talk with the attorney who filed the asylum application before you take a decision.

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