Work Permit while In Asylum Proceeding

I was recently contacted via our website with the following question:

I am an Attorney in Des Moines Iowa. My paralegals were at the Las Vegas conference. You presented at that conference and you mentioned that you can get EADs for clients in proceedings with a defensive asylum. No attorney in the Omaha court has been able to get EADs. Do you have a legal basis so that I may challenge the Judge on this issue?

Answer:
You are required to file a copy of the Asylum application with USCIS after you submit it with the court (as you know). That starts the clock. At that point 8 CFR 208.7(a)(1) applies. That reads:

(a) Application and approval. (1) Subject to the restrictions contained in sections 208(d) and 236(a) of the Act, an applicant for asylum who is not an aggravated felon shall be eligible pursuant to §§ 274a.12(c)(8) and 274a.13(a) of this chapter to request employment authorization. Except in the case of an alien whose asylum application has been recommended for approval, or in the case of an alien who filed an asylum application prior to January 4, 1995, the application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received.

Further, see INA 236(a)(3) indicates that work permits are permitted for folks in removal procedures if they would otherwise be permissible outside of the removal procedure (this triggers 208.7(a)(1)). As long as your fella is not an agg fel or otherwise precluded on bad-acts grounds, you're hot!

Remember, you file the I-765 with USCIS, not the Court.

The code to use on the EAD application is (C)(8).

Do you have immigration question? Contact us! We can help. From adjustment of status to tough immigration court defense, we have you covered. 703-402-2723 or admin@hanoverlawpc.com.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com
2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.	Lili O'connell, Esq. Charles Hatley, Esq.
1-800-579-9864	admin@hanoverlawpc.com

NEW IMMIGRATION RELIEF: DEFERRED ACTION FOR PARENTS

DACA expanded to parents of US Citizen or LPR children!

With his announcement last night, President Obama fundamentally changed the immigration landscape. If you are here illegally in the United States, and have a US Citizen or LPR child, you need to contact our Firm immediately. We can help you obtain legal status under the expanded DAP -- deferred action for parents program. The components of DAP are:

1. You must have been continuously present in the United States since 01 January 2010.
2. You must have a US Citizen or LPR (green-card holder) son or daughter.
3. You must not have any serious criminal matter (generally defined as no misdemeanors or felonies -- some exceptions).
4. You must not be an "enforcement priority" -- generally defined as a national security risk, criminal, repeat immigration offender, or gang member.

See: DHS Memorandum on expanded DACA/DAP

The filing cost is $465. This includes the cost of the EAD (employment authorization document) and biometrics. The actual application itself is free. Hanover Law is completing DAP applications for $750 (not including the filing fees) each -- or both mother and father together for $1000 + filing fees. Folks -- that includes preparing the package and shepherding the paperwork through the system. Let us help you, as we helped hundreds of DACA applicants. We can't guarantee any result -- that's up to the Attorney General, the Secretary of Homeland Security, and the President. However, we can promise a properly submitted application that has the best chance of success. Don't take any risks with this!

Like DACA, you do not get to apply twice. If you are denied DAP, there is no appeal or second application. DO NOT make the mistake of carelessly applying, or waiting too long. This will take some time for DHS/USCIS to get the process properly perfected -- you want to be in the front of the line to take advantage of this program -- not waiting years to get your work permit.

Once approved, DAP is valid for three years. This includes you right to work in the United States for three years, and further, to get a driver's license. Let us help you!

Contact Hanover Law today at 1-800-579-9864 to begin gathering information for the DAP process. Be ready when submissions are accepted -- get legal status and join the millions who enjoy the benefit of working, living, and thriving in the United States.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com		Lili O'connell, Esq. Abby Archer, Esq.
888 16th St., NW Ste 800 Washington, DC 20006	2751 Prosperity Ave, Ste 580 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.
1-800-579-9864	admin@hanoverlawpc.com	Charles Hatley, Esq. Leigh Wells, Esq.

I-94 and -Humanitarian- Notation in Immigration Law

I was recently answering questions on AVVO, an attorney inquriy board that, in part, specializes in immigration questions. An interesting question about I-94 forms and humaitarian/refugee parole was asked.

First, you need to understand the purpose of an I-94. The I-94 is often (but not always) given when an immigrant enters the country through a boarder crossing or inspection point. The actual name of the form is "arrival/departure record". It should be noted that many immigrants do NOT get this, and its absence does not per se cause a denial of any benefit (although it does shift the burden of proving legal entry onto the immigrant). Most commonly, folks come to the United States under a B2 visa. This visa, known as a visitor visa, entitles the bearer to remain up to 6 months in the country. The actual amount of time the visa holder may stay is -- you got it! - marked on the I-94. There are also certain codes entered on the I-94 that tell CBP (custom and board patrol officers) the nature of your entry, whether you are being watched or tracked, if you are permitted multiple entry/re-entry on the same I-94, etc.). In the instant case, the question is: what does the indication "indefinite" mean on the I-94? It means that instead of a 6-mos or other time window for this arriving alien, CBP granted "parole" to remain in the country without ever having to depart. This is in effect a pseudo-deferral, allowing the immigrant to remain in the country, but providing no benefits (work permit, for example). It is an excellent defense to a removal charge (assuming no criminal charges), but does little to provide a future for the immigrant.

In this instance, the proper next step would be application for asylum. Asylum is, defacto, a request for humanitarian/refugee relief. It means that you have a credible, meaningful fear of returning from where-ever you came from. More importantly, because CBP already paroled you in under humanitarian grounds, the credible fear determination is all but automatic. I don't know the specifics of your case, but one can imagine it must be compelling, as CBP paroles are not that common.

Once you apply for asylum, and you have established your credible fear during that process, you are eligible for EAD (employment authorization documents). This in turn allows you to work legally in the US.

The trick here is to ensure your asylum application process is done properly and timely, so you do not lose out on the potential benefit of a CBP humanitarian parole.

Hanover Law specializes in immigration defense -- specifically in court for removal, deportation, and asylum claims. We would be glad to take a look at your situation and help you get the best possible outcome. Call us at 703-402-2723 to discuss your case and begin the process getting you both legal, and working, in the US.

S

Sean R. Hanover, Esq
HanoverLawPC.com
Contact Us
703-402-2723