Can You Work After Asylum Is Denied In Austin, Texas?

Can You Work After Asylum Is Denied In Austin, Texas? An asylum denial does not always mean you must stop working immediately. Your work authorization depends on who denied the case, whether the case was referred to immigration court, whether you appealed, and whether your EAD remains valid. USCIS Referral vs. Immigration Judge Denial A USCIS referral to immigration court is not a final asylum denial. Your asylum claim can continue before an immigration judge, and you may continue accumulating time toward employment authorization eligibility while the case is pending. A denial by an immigration judge is different. If you disagree with the decision, you generally have 30 calendar days to appeal to the Board of Immigration Appeals (BIA). Missing the deadline can make the decision final. What Happens To Your EAD? If your work permit is based on a pending asylum application, its validity can depend on what happens to the underlying case. After an immigration judge denies asylum, an EAD based on the pending asylum application may automatically terminate after 30 days unless a timely BIA appeal is filed. A timely appeal can change the analysis because the asylum case may remain pending before the BIA. Your EAD card alone does not establish lawful immigration status. The underlying category and case status matter. What Should You Check? Before assuming you can no longer work, review: Your USCIS denial or referral notice Your immigration court decision Your EAD category and expiration date Any BIA appeal or receipt Your appeal deadline Any other basis you may have for employment authorization Do not tell your employer that you have lost work authorization until you have confirmed your actual case status and EAD eligibility. Work Authorization Is Not The Same As Immigration Status A person may have employment authorization while an immigration case is pending without having permanent lawful status. Likewise, an asylum denial does not automatically answer the work-permit question in every case. The important question is where your asylum case stands now and what legal basis supports your EAD. What Austin Asylum Applicants Should Know The word “denied” alone does not determine whether you can continue working. A USCIS referral, an immigration judge's denial, and a final decision after appeal can have different consequences. If your asylum case was denied, review the decision and your EAD carefully and determine whether an appeal or another immigration option is available before taking action. Lincoln-Goldfinch Law - Abogados de Inmigración 14150 Huffmeister Rd Ste 200, Cypress, TX 77429 (346) 585-2335 https://www.lincolngoldfinch.com/our-locations/cypress/