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Immigration law question "EAD for administratively closed cases"

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  • Immigration law question "EAD for administratively closed cases"

    i'm in removal proceeding and have filed an asylum application with the immigration court as relief from deportation, if i will be granted administrative closure of removal proceedings, Am i eligible for an employment authorization?

  • #2
    i'm in removal proceeding and have filed an asylum application with the immigration court as relief from deportation, if i will be granted administrative closure of removal proceedings, Am i eligible for an employment authorization?

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    • #3
      You can apply for EAD 150 days after filing for asylum, if no decision has been made. They won't act on it for a further 30 days.

      Also, please edit your question to include "Immigration Law Question" in the title :-)
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by barefoot200965:
        i'm in removal proceeding and have filed an asylum application with the immigration court as relief from deportation, if i will be granted administrative closure of removal proceedings, Am i eligible for an employment authorization? </div></BLOCKQUOTE>

        If you are in immigration proceeding and denied asylum you will be ordered removed or will have to have other grounds to stay to continue the proceedings.

        If you appeal adverse decision you may or may not be granted interim EAD (depends on INA/Regulations which you can consult an immigration attorney about).

        Administrative closure (if you refer to Morton memo) is discretionary temporary relief (like prosecutorial discretion) and is rarely granted even if you fall under one or more guidelines of memo (only one out of thousand receive it, judging by the results of two pilot reviews run so far and reported).

        Good luck.

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        • #5
          You are already in removal proceedings. You must have some special issue to get the charges dropped. However, you will gain nothing by having the charges dropped, other than remaining, illegally, in the United States. If you win your asylum claim, you will eventually get residency. It sounds as if your asylum claim is week.

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          • #6
            Or weak, if frivolous well that is a whole other issue.

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