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Motion to reopen and reconsider
Chicago (IL).
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Posted 3 months ago in Immigration.
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I filed a motion to reopen and reconsider my asylum application since December of last year and haven't gotten any reply. All what they tell me is that my file is pending with a supervisor. I'm really frustrated in this country since I'm unable to work and support myself. According to the law they say you have to file a motion within 30days of the final denial. My lawyer did send in the motion before 30days. So my question is why can't I get an EAD and what might be taking them long to look into my case? By the way my denial was a totsl misinterpretation of my facts and evidence which in the motion we pointed out that to them.
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Answers (1)
Kevin Lawrence Dixler
Posted 3 months ago.
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The writer suggests by his/her question that his asylum case was 'not' transferred to an Immigration Court, E.O.I.R., by the way that this is written. If the asylum was already heard in Immigration Court, then this is a much different situation than if the writer has a valid and unexpired I-94 which obligates the Department of Homeland Security, or DHS, to take no further action on the decision.
Immigration Court and the USCIS International Office are two different administrations with different requirements, so this question cannot be easily answered. What can be answered is that the writer is not entitled to an employment authorization document, referred to as an EAD, where there is a final adverse administrative decision and the matter was not referred to Immigration Court. Perhaps, the writers can let us know whether s/he has a final order from an Immigration Judge or an Asylum Officer. Perhaps, the matter will have to be reviewed by an Immigration Court at this point.
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