Navigating Work Permit Delays Due to Errors in Asylum Cases
I applied for asylum and submitted my work permit application 150 days later. Due to a minor error in my name, my work permit processing has been stalled for over six months, even though my lawyer submitted a correction. I’ve been told to keep waiting, but the delay is preventing me from working. What can I do to resolve this issue and move forward?
Expert Answer:
Understanding the Problem
The delay in processing your Employment Authorization Document (EAD) due to a name error is understandably frustrating. This document is vital for asylum seekers to legally work in the U.S., and errors can significantly disrupt this process. The steps below will guide you through resolving such issues and ensure you’re on track.
Key Steps to Resolve the Delay
1. Contact USCIS to Confirm Receipt of Corrections
Ensure that U.S. Citizenship and Immigration Services (USCIS) has received and processed the correction submitted by your attorney. You can verify this by:
- Checking your case status online at USCIS Case Status.
- Calling the USCIS Contact Center at 1-800-375-5283 and requesting an update.
2. Submit an Inquiry for Case Outside Normal Processing Time
If your application has exceeded the expected timeline, you can submit an inquiry to USCIS. This can be done online at USCIS Case Inquiry under the “Case Outside Normal Processing Time” category.
3. Engage Your Lawyer for Follow-Ups
Request your lawyer to send a formal follow-up to USCIS, referencing the corrected information and any supporting documentation. This can include:
- A copy of the original correction letter.
- Evidence of the error (e.g., passport or official documents showing the correct name).
4. Seek Assistance Through an Ombudsman
The Office of the Citizenship and Immigration Services Ombudsman can help if you’ve experienced delays or problems. They act as an intermediary between you and USCIS. You can submit a request for assistance at CIS Ombudsman Assistance.
5. Escalate to Your Congressional Representative
Many congressional offices offer constituent services to help with federal agencies. Contact your local representative’s office and explain your situation. They can submit an inquiry on your behalf to expedite the process.
6. Monitor EAD Automatic Extensions
If you are renewing an EAD, remember that certain categories, including asylum-based EADs, qualify for an automatic extension of up to 540 days. Check the latest updates on automatic extensions at USCIS Employment Authorization Extensions.
Background on Employment Authorization for Asylum Seekers
Under U.S. immigration law, asylum seekers can apply for work authorization 150 days after filing their asylum application. USCIS must process the EAD application within 30 days for initial applications (though recent policy changes may affect this timeline). Delays often arise due to application errors, security checks, or USCIS backlogs.
Legal Foundation
The Immigration and Nationality Act (INA) and relevant USCIS regulations outline the eligibility and processing requirements for EADs. The INA requires USCIS to process applications efficiently, but administrative errors and backlogs remain common.
Conclusion
By actively following up with USCIS, leveraging available tools like congressional assistance, and ensuring your lawyer’s involvement, you can address the delay caused by the name error. While waiting for resolution, monitor updates and consider resources such as the ombudsman or congressional representatives for additional support.
Authoritative Sources for Further Reading
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