If you do not go to a scheduled interview with an asylum officer or a hearing before an immigration judge, USCIS will not grant your employment authorization unless you demonstrate that your failure to appear was the result of exceptional circumstances. You must establish exceptional circumstances in order to reschedule your asylum interview if more than 45 days have passed since your scheduled interview. Note: You must establish good cause if you need to reschedule your asylum interview with an asylum officer before the date of your interview, on the date of the interview, within 45 days after the interview date, or if your interview has already been rescheduled on 1 or more occasions. This means if your Form I-765 was pending for 15 days when we requested additional evidence, USCIS will restart the processing time at day 15 once we receive your response. If USCIS sends you a Request for Additional Evidence for your Form I-765, this pauses the processing time until we receive your response.This means that even if your Form I-765 was pending for 15 days when we requested initial evidence, USCIS will restart the processing time at day 1 once we receive your response. If USCIS sends you a Request for Initial Evidence for your Form I-765, the 30-day processing time frame starts over once we receive your response.Certain actions may pause this processing time: The 30-day processing time frame refers to the time during which your Form I-765 is pending and is defined at the prior regulation at 8 C.F.R. If these conditions apply, we will consider you a Rosario class member (referring to Rosario v. However, in certain circumstances, the 30-day processing time frame may be paused.) (Generally, this is calculated as 30 days from the date USCIS received your Form I-765. USCIS has not adjudicated your Form I-765 within the 30-day processing time frame.You filed your Form I-765 after your Form I-589, Application for Asylum and for Withholding of Removal, had been pending for at least 150 days (the 150-day waiting period does not include any delays you caused or requested while your Form I-589 is pending with USCIS or with the Executive Office for Immigration Review) and.The following circumstances must also apply to you:.Your initial Form I-765 has not been adjudicated and.This decision may affect you if you have filed your initial Form I-765, Application for Employment Authorization, based on a pending asylum application and: Mayorkas that required us to process a smaller group of initial asylum-based EAD applications within 30 days. 11, 2021, preliminary injunction in Casa de Maryland Inc. The decision vacates (sets aside) the Timeline Repeal Rule, a June 22, 2020, rule that removed the requirement for USCIS to process all asylum-based EAD applications (also referred to as (c)(8)s) within 30 days. Mayorkas requires USCIS to process all initial EAD applications from asylum applicants within 30 days. 7, 2022, court decision in Asylumworks v. If you have applied for an initial Employment Authorization Document (EAD) based on a pending asylum application, you may be eligible to have your EAD processed within 30 days.Ī Feb.
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