Current as of July 28, 2020 

There are two new rules going into effect. Both rules modify the Department of Homeland Security’s (DHS) regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application.

Rule 1: Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications

Rule 2: Asylum Application, Interview, and Employment Authorization for Applicants

When do these rules go into effect?

Unless stopped by litigation, the “Removal of 30-Day Processing Provision” rule will go into effect on August 21, 2020. The “Asylum Application, Interview, and Employment Authorization” rule will go into effect on August 25, 2020.

What do these rules do?

Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications

• Removes a rule stating that United States Citizenship and Immigration Services (USCIS) must process an initial employment authorization application within 30 days of the initial filing of Form I-765, Application for Employment Authorization Documents (EAD)
• Asylum seekers who file their work authorization applications on or after August 21, 2020 will no longer be guaranteed that USCIS will process their application within any specified timeframe.
• Removes the requirement that a renewal application must be received by USCIS 90 days before the previous employment authorization expires.

Asylum Application, Interview, and Employment Authorization for Applicants

• Extends the waiting period to apply for employment authorization to 365 days after an asylum application is received by USCIS or the Immigration Court;
• Stops USCIS from issuing ‘recommended approvals’ for asylum;
• Excludes asylum seekers convicted of an aggravated felony and those who “have committed certain lesser criminal offenses on or after the effective date” of August 25, 2020 from receiving employment authorization;
• These lesser criminal offenses will include being convicted of a felony in the United States or a serious non-political crime outside the United States, or being convicted in the United States of certain public safety offenses involving domestic violence or assault; child abuse or neglect; possession or distribution of controlled substances, or DUI;
• Excludes asylum seekers who entered the United States without documentation from applying for an EAD, with some exceptions.
• Revises the provisions for EAD termination so that if an asylum application is denied, any employment authorization associated with a pending asylum application would be terminated as well;
• If, however, it is referred to an immigration judge the EAD will be extended until the judge makes a decision. If that decision is successfully appealed, the EAD will be extended again. An EAD cannot be granted while the case is in Federal court, however, or after the Board of Immigration Appeals (BIA) denies an asylum claim.
• Changes the timeline for filing an asylum application and removes the requirement that USCIS has to return an incomplete application within 30 days;
• This also allows USCIS to deny EAD applications if a delay caused by the applicant is still ongoing when the EAD application is filed. If an applicant misses the asylum interview or a biometrics appointment, the new rule allows for the denial of an EAD.
• Allows USCIS to set EAD validity periods at their discretion and clarifies that any EAD validity period cannot exceed increments of 2 years;
• Incorporates biometrics collection requirements into the employment authorization process for asylum seekers. This requires applicants to appear at an Application Support Center (ASC) for biometrics collection and, if required, pay a separate biometric services fee;
• Makes asylum seekers who file their asylum applications more than 1 year after their arrival into the United States ineligible for an EAD.

How did this part of the law work before these new changes?

Currently, asylum seekers must wait 150 days after submitting their asylum application before filing an EAD application. The government then has 30 days to process the application.

Who is impacted by these rules?

These rules affect anyone applying for asylum who also intends to apply for employment authorization.

In particular, as of August 25, 2020, the following groups are affected:

• Asylum seekers whose asylum applications have been pending for less than 1 year or asylum seekers who were planning on receiving an EAD in less than 1 year;
• This includes those entering at the border, including women and children seeking international protection at a U.S. border or port of entry;
• May include those who are unable to file their asylum application within one year due to administrative or procedural hurdles outside of their own control;
• Asylum seekers applying for an EAD who have committed criminal offenses;
• EAD applicants who change or amend their asylum applications – as this rule might mean that action will impact their chance of getting an EAD.

I am applying for an EAD, but I am not seeking asylum. Do these rules apply to me?

These rules only apply to people who have asylum in the United States or who are applying for asylum in the United States. They do not apply to other non-citizens applying for an EAD.

I am waiting for the asylum office’s decision on my asylum case. Do these rules apply to me?

It depends on if you have already applied for an EAD or if you were planning on doing so in the future.

The rule only impacts EAD applications received after August 25, 2020. If you have already applied, your application will be evaluated the same way EAD’s have been in the past. If you have not yet applied, the rule could apply to future EAD applications.

If you are waiting for a decision on your asylum case and plan to submit an EAD application after August 25, 2020 these new rules will apply to your case.

I am in removal proceedings and waiting for a judge’s decision on my case. Do these rules apply to me?

Yes. If you are applying for asylum and an EAD while in removal proceedings these rules may also apply to you.

I entered the United States without documentation or have committed criminal offenses in the past. Should I be worried that I am no longer eligible for an EAD?

No. If you entered without documentation or committed criminal offenses before August 25, 2020 your eligibility for an EAD should not be different. Going forward, however, committing these actions will make you ineligible.

My current EAD does not expire until after August 25, 2020. Do these rules apply to me?

These rules should not affect your current EAD. If you plan on renewing your EAD after August 25, 2020, your application will be affected.

What should I do if I was planning to apply for an EAD? I’m not sure if these rules apply to me. Who can I call for more information?

Make a note of the August start dates of these rules and consult with an immigration attorney as soon as possible to discuss how the rule could impact you.

If you have questions about these new rules and are a resident of Minnesota and eligible for ILCM services, you can contact ILCM at (651) 641-1011 or 1-800-223-1368 on Mondays, Tuesdays, and Wednesdays from 9 a.m.-4 p.m. or Thursdays from 1-7:30 p.m.  

Other resources include the Advocates for Human Rights who can be contacted Monday to Friday from 9 a.m. to 5 p.m 612-341-9845. Or call the Volunteer Lawyers Network at (612) 752-6635.

Printable PDF version of this FAQ, here.

July 31, 2020—In a move that will prevent many immigrants from becoming citizens, the Trump administration will dramatically increase fees for naturalization applications and eliminate fee waivers, beginning October 2. The administration also requires people fleeing persecution to pay a fee to apply for asylum, making the United States the fourth country in the world to impose this barrier to asylum applicants. 

“Charging a fee to asylum seekers is particularly heinous,” said Veena Iyer, executive director of the Immigrant Law Center of Minnesota (ILCM). “The asylum officer who called this fee ‘blood money’ got it exactly right.”  

Immigrants who are eligible to apply for citizenship will see fees almost double from the current $640 to $1170 after October 2. Other fee increases apply to replacement of green cards, citizenship certificates, and more.  

Moreover, fee waivers—which have long been accepted and granted for a wide variety of immigration benefits—will be eliminated for most applicants. Five categories of crime, abuse, and trafficking victims protected by specific statutes that USCIS cannot change will still be eligible for fee waivers.   

“Working with low-income immigrants every day, ILCM attorneys see their passion for citizenship and the enormous contributions they make to this country,” said Iyer. “Especially at this time of economic recession and high unemployment, these heartless fee increases and elimination of virtually all fee waivers betray the ideals and values of this country.” 

Anyone who is eligible for naturalization may want to apply now, before the fee increase goes into effect in October. For more information, contact ILCM at (651) 641-1011 or 1-800-223-1368 on Mondays, Tuesdays, and Wednesdays from 9 a.m.-4 p.m. or Thursdays from 1-7:30 p.m.  

(Current as of 7/28/2020)

What does the Department of Homeland Security (DHS) DACA Memorandum say?

DHS issued a memorandum on July 28, 2020 that directs USCIS to reject any initial application for DACA. Any initial DACA application that is filed with USCIS will be returned to the applicant along with the filing fee. This only applies to new applicants that have not been granted deferred action under DACA.

I currently have DACA, and I had submitted a renewal application. Do I need to do anything more to obtain the renewal?

No.  Your DACA renewal application should be processed normally. Recently, renewal applications have been processed within about three to four months. However, any pending applications to renew DACA or any new renewal applications will now only be granted for one year.

I currently have DACA. When should I submit my renewal application?

If your DACA status expires within the next 6 months, you should submit a renewal application as soon as possible. Please contact ILCM at 651-641-1011 on Mondays, Tuesdays, and Wednesdays from 9am to 4pm and on Thursdays from 1pm to 7:30pm for assistance.

I submitted an initial application for DACA after the Supreme Court decision in June. What will happen to my application?

According to the DHS memorandum, USCIS will reject new initial DACA applications. Your application and filing fee will be returned to you by mail. Do not send an initial DACA application without consulting first with a qualified immigration attorney.

I do not have DACA, but I may have been eligible for DACA if the program had not ended in 2017. Can I apply for DACA now?

At this time, no. We are still monitoring whether you can file new initial DACA applications and the potential risks of applying.  Please consult a qualified immigration attorney about your situation. Collect the documents you need to file an initial DACA application so you have them if and when you are able to file since the timeframe to file could be very short. To be eligible for DACA you must prove that you:

• came to the U.S. before turning 16 and were under age 31 as of 6/15/2012;
• have continuously resided in the United States since 6/15/2007;
• are a current student, or had completed high school, or were honorably discharged veterans;
• have not been convicted of a felony, significant misdemeanor, or 3 or more other misdemeanors; and
• do not threaten national security or public safety.

I previously had DACA, but I did not renew it. Can I renew it now?

We believe so. These applications have been accepted in the past, and the DHS memorandum does not say anything about a change. The process will depend on how long ago your DACA expired. If your DACA status expired less than a year ago, you can file a basic renewal packet. If your DACA status expired more than a year ago, you will need to file a new “initial” application, which means you must file all the documentation to show you are eligible for DACA.

Please contact ILCM at 651-641-1011 on Mondays, Tuesdays, and Wednesdays from 9am to 4pm and on Thursdays from 1pm to 7:30pm for assistance.

I previously had DACA, but I was later denied renewal. Can I renew now?

That depends on why your renewal was denied. The requirements for DACA have not changed. If, for example, you were denied because you were convicted of a significant misdemeanor, then you are still not eligible to renew. If you were denied for a technical problem such as missing your fingerprint appointment, then yes, you can renew.

Please contact ILCM at 651-641-1011 on Mondays, Tuesdays, and Wednesdays from 9am to 4pm and on Thursdays from 1pm to 7:30pm for assistance.

Can I apply for advance parole?

The DHS memorandum says that USCIS will reject all pending and future applications for advance parole absent exceptional circumstances. If you filed a form I-131 for advance parole but it is still pending, the application will be rejected and the filing fee will be refunded. If you were already granted advance parole, it will remain

Will DACA be rescinded?

DHS states in the memorandum that they are carefully considering whether to maintain, rescind, or modify DACA. However, in the meantime DHS will refrain from terminating any grants of DACA and work permits for the duration of their validity periods. If you have DACA and continue to be eligible for DACA (i.e. no criminal problems), your DACA will remains valid.

Is there now a pathway to citizenship for DACA recipients?

Unfortunately, no. The June 18, 2020 Supreme Court decision means that the administration’s 2017 attempt to end DACA was invalid, but it does not create a pathway to citizenship. Today’s DHS memorandum further indicates that DHS will continue to review DACA and could still rescind the program. To create a pathway to citizenship for DACA recipients requires that Congress pass and the President sign new legislation such as the Dream and Promise Act. Please consult ILCM’s webpage at www.ilcm.org for the latest developments on these types of immigration reforms.

Where can I call if I have DACA and want to file to renew?

Please contact ILCM at 651-641-1011 on Mondays, Tuesdays, and Wednesdays from 9am to 4pm and on Thursdays from 1pm to 7:30pm for assistance.

Printable PDF version of this FAQ here.