Asylees with I-485 adjustment of status applications pending apply for EADs, but their
applications for EADs are rejected when they apply under category (c)(9). On the other hand, when they apply under category (a)(5), their applications are rejected as well stating that they have adjustment pending already. There are no provisions in the regulation addressing which category EAD asylee-adjustment applicant should apply under because they are adjusting under section 209 of the Act. Please advise which category they should use when
they apply or what should be done to resolve this problem.
Answer: If they have been granted asylum status, the applicant should be filing under A5 on the I-765 with appropriate fee.
A member reports that NSC recently denied an EAD to an asylum applicant in removal
proceedings stating that he caused undue delay to his case because he had another removal hearing scheduled. The hearing that was scheduled was the merits hearing for the case, which
is also not a "fast track" case. Can you please explain why the EAD would be denied for this reason?
Answer: The clock days for this application are tracked by EOIR. The Service must reply on the information given to the officer by EOIR. This appears to be a problem with the Immigration Courts, however the Service is willing to review any documentation submitted in order to substantiate their claim.
EADs issued for refugees at entry: CIS (CBP) supposedly stopped issuance of EAD
cards at airport entry for refugees due to concerns regarding outdated equipment used to
produce the cards. Does the NSC issue those cards now for all refugees? What is the
processing time, and are the cards mailed to the refugee or the refugee resettlement agency?
Answer: Currently, the NSC is issuing the refugee EADs from designated Ports of Entry. Our current processing time is less than 30 days and the card is mailed to the address listed in Part 1 on the I-765 application.
We know that only the principal applicant in a refugee case can file an I-730. However,
we understand that some “derivative” adults are also processed as principals. Can you provide
any suggestions on how we can determine if someone is a principal, before submitting the I- 730?
Answer: Unless the applicant has a copy of his/her I-590 which indicates whether or not he or she is an RE-1 or if the port of entry annotates it on the I-94, there is no other way to determine who is the principal applicant. It might take discussion with the applicant to determine who qualified as the anchor or “head of family” for refugee status.
If an I-730 for a minor child of an applicant granted asylum in court is denied because
the parent who files is not the principal applicant, and the denial comes beyond the two years