Can I Get a Work Permit After Asylum is Dismissed or Terminated?

If you enjoy my blogposts, please give me a like by clicking on the heart above. Thank you and happy reading. 

Yes. A person – and their spouse and unmarried children – can keep their work permits even if their I-589 asylum case was dismissed or terminated in immigration court. This is because there are New Rules about asylum work permits.

Why Was My Asylum Case Dismissed or Terminated in Court?

The Biden Administration has ordered the Executive Office of Immigration Review (EOIR), commonly known as the immigration court, to spend money wisely.  It is simply better for the U.S. economy to allow some undocumented foreigners – especially law-abiding, English-speaking, parents of US citizens who pay taxes – to remain in the country. The EOIR attorneys, who represent the government in Immigration Court, can decide NOT to begin deportation hearings. If hearings have begun, they can also dismiss a case.  A dismissal means the foreigner can remain in the United States, even though the government knows they have no authorization to be here.

A termination is much the same, but it is an Immigration Judge who has the power to terminate a case. This means that the Judge – while agreeing that the person in court is undocumented – decides that either the government has not presented the correct documents to deport someone OR the government has agreed that it is everyone’s best interest to terminate the case.

Any type of case can be dismissed or terminated in Immigration Court; neither the Judge nor the government attorney reviews the I-589 asylum application before deciding to dismiss or terminate. People walk into a courthouse thinking that they are going to present evidence or get a future hearing date, only to hear the Immigration Judge say, “I wish you luck. Case closed.”

Do I Have to Wait Another 150 Days to Get a Work Permit?

The good news is that no, an asylum applicant does not have to wait 150 days to get a work permit. IF YOU FILE YOUR ASYLUM APPLICATION IN COURT before the dismissal or termination, Immigration will allow you to file for a work permit 150 days after that date. Meaning, if you filed for asylum on March 1, the case was dismissed on August 1, and you filed an asylum application under these new rules on October 1, you can apply for your work permit immediately. This is because Immigration will let you file for your asylum work permit 150 days after March 1, which is July 29. Blandon Law guides clients through all of these calculations.

Do I Get a New Immigration Interview with USCIS?

The asylum interview – which is the last step in this new asylum process – is the least understood. That’s simply because there are not enough asylum officers at USCIS to quickly process interviews. Blandon Law has clients who filed for asylum in 2013 and have not had their FIRST asylum interview over a decade later.

Unless Congress changes the law, USCIS officers must interview everyone who files an I-589 asylum application. So, we would predict that persons who file using this new process will eventually have an immigration interview. The website of the government states: “If you originally filed an asylum application with USCIS, and we … transferred your asylum application to immigration court where it remained pending until the removal proceedings were dismissed or terminated, we intend to issue a new discretionary Notice to Appear to send your application back to EOIR if you file a new asylum application.” In other words, after dismissal and filing a new asylum application the government MAY send the case back to the immigration court attorneys. Or they may not.

Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.

Recommended Posts