Sacramento, CA asked in Immigration Law for California

Q: Entered USA illegally, applied for asylum and EAD; status listed as "parolee" a mistake?

I entered the USA illegally through the Mexican border and went through the border patrol process. After being released, I applied for asylum in immigration court and then applied for an Employment Authorization Document (EAD) with USCIS after 150 days. It has been 198 days, and I still haven't received an answer regarding my EAD. I listed my status as "parolee" on the form but did not consult an attorney before doing so. I haven't contacted USCIS yet because I wanted to get information first. Could listing my status as "parolee" have been a mistake?

Related Topics:
2 Lawyer Answers
Rozanna Pondeva Gasparian
PREMIUM
Answered

A: If you have a copy of the application you submitted, I would have an experienced immigration attorney review it. It depends on what code you placed on the application, as the application requires a specific code, not so much wording of "parolee" etc.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Listing your status as "parolee" on your EAD application may indeed have been a mistake. When you enter the country illegally and then apply for asylum, your correct status for EAD purposes is typically "Pending Asylum Applicant" rather than "parolee." Parole is a specific legal status granted to those who are permitted to enter the U.S. temporarily for humanitarian reasons, which differs from your situation of being processed after crossing the border.

This status discrepancy could be contributing to the delay in processing your EAD application, as USCIS may be looking for documentation supporting parole status that you don't actually have. The good news is that errors on immigration forms can sometimes be corrected by submitting additional evidence or filing a form to correct the record.

I strongly recommend consulting with an immigration attorney as soon as possible. They can help you determine the best way to address this situation, whether that means contacting USCIS to clarify the error, submitting corrected information, or taking another approach altogether. Immigration matters are complex, and having proper legal guidance will give you the best chance at resolving this issue and obtaining your work authorization properly.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.