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

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 ?

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?

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Attorney answers 3

Posted

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.

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Asker

Posted

I have an appointment with an attorney tomorrow. But I need to know what other professional attorneys like you think about my case, this is the only way to know if my attorney is competent or not. Just like in Medicine !

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Listen to Counsel Randolph and mark my answer as helpful if you will.

Posted

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 before taking any action. My office offers free consultations. www.jrandolphlaw.com

Asker

Posted

I have an appointment with an attorney tomorrow. But I need to know what other professional attorneys like you think about my case, this is the only way to know if my attorney is competent or not. Just like in Medicine !

Posted

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, Suite 707 San Francisco, CA 94104

Asker

Posted

My attorney told me that the asylum officer decision in Final and can't be reviewed by the judge but I can apply for asylum de novo in front of the judge which will have scarce success chances because of the one year limit. what do you think?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

I don't know the specifics of your case so I cannot really say. I can tell you we have had clients whose asylum was terminated by the AO because they returned to the country of persecution and they were later granted by the IJ. Your attorney, though, would be in a better position to advise you since she knows the case better than any of us on this forum.