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I-131

3.

Thank you very much for your expedited processing of two Refugee Travel Documents

for our clients based on family emergencies. Both the clients were most grateful that their requests were expedited. Normal processing times are also arriving promptly. (three months).

Answer:

Thank you. Our officers have worked hard at achieving shorter processing times.

4.

If an IJ grants asylum, but the government appeals the grant, so it is not a final

decision, can the asylee be granted a refugee travel document while the appeal is still pending?

Answer:

An ‘Asylum Granted” decision is not considered final for 30 days. The Service has a 30 day filing window to file an appeal contesting the IJ decision. If the 30 days passes and an appeal has not been filed, a travel document may be issued. If the Service does file an appeal during that timeframe, a travel document CANNOT be issued until/unless the appeal is dismissed.

5.

The I-131 instructions for refugee travel documents and re-entry permits still state that

the old ¾ profile photos are required. (Page 4 of the 10/26/2005 edition instructions). Is this correct?

Answer:

This is NOT correct. Effective September 1, 2004, we started requiring full-frontal photos. We are in the process of changing the instructions on the form….unfortunately it is a long process. Information on the photo standards may be found on the USCIS website. The specific location is http://onlineplus.uscis.dhs.gov/graphics/publicaffairs/newsrels/04_08_02Photo_flyer.pdf

EADs

6.

In view of the new EAD processing memos by USCIS, can you please change the

suggested time frame for submitting an EAD renewal to 100 days rather than 90 days?

Answer: The 7/28/2006 USCIS Public Notice states that EAD renewals should be submitted at least 100 days before expiration. NSC will accept I-765s filed up to 120 days prior to expiration of the current EAD card.

7.

A member reports that recently the NSC denied an EAD on a Chinese asylum applicant

who had received a recommended approval from the Asylum office in Chicago. The NSC denied the application because the approval was only 'recommended'. The asylum director confirmed with the attorney that he believes they should be entitled to EAD. Please give the legal basis for a denial of an EAD where approval is only recommended.

Answer: Generally, a “recommended approval” is eligible to file for a C8 with filing fee, however if the applicant filed under A5 initial and did not pay a fee, we would deny.

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