Q: Do asylees applying for a green card also have to apply for a work permit? Thank you very much
I’m an Asylee. I applied for green card and I-765 at the same time. It’s been a 7 mount and my I-765 just denied. Can you have a comment about the reason for denial? and Will this denial affect my green card application? Their response is below:
8 CFR § 274a.12(c)(9) allows for granting employment authorization to:
An alien who has filed an application for adjustment of status to lawful permanent resident pursuant to part 245 of this chapter... A review of your file and USCIS records indicate that you filed Form I-485, Application to Register Permanent Residence or Adjust Status, pursuant to Section 209 of the Immigration and Nationality Act (INA) based on a grant of asylum status. Since you have filed Form I-485 under Section 209 of the INA, and not 8 CFR § 245, you are not eligible to receive employment authorization under 8 CFR § 274a.12(c)(9).Ensure that any future requests for employment authorization are filed under the correct classification of (a)(5) with the appropriate fee
A: No, it seems that you incorrectly filled out the I-765 form with the wrong classification. You will simply have to apply, again. You may have to pay a filing fee. I strongly recommend an appointment with a competent and experienced immigration attorney to avoid any complications and/or delays.
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