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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108300
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am filing renewal of an EAD card that expires in a few

Customer Question

Hello, I am filing for a renewal of an EAD card that expires in a few months. The prior card was issued under category (c)(10). This summer I went to removal proceedings and the judge administratively closed the case. My question is, when applying for renewal of the work permit do I file under the same category (c)(10). I'd assume nothing has changed with my current status, correct? If that's the case, what do I submit with the i-765? A copy of the court proceeding granting administrative closure?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! Thank you for requesting me. I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Just to verify, what is your underlying status? And why were you placed in Removal Proceedings? And do you have anything else pending with USCIS?

Customer: replied 1 year ago.
Thanks for the speedy reply. For disclosure I am asking on behalf of a dear friend, he is the one under discussion. From my understanding he has no legal status as he illegally entered the states multiple times but has been in the US since 2000. There is nothing else pending with USICS.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Sounds like he may have TPS or something like that. What country is he from? Why was he placed in Removal Proceedings?

Customer: replied 1 year ago.
He is a Mexican national, so I don't think he has TPS. My understanding was he was placed in removal proceedings because of the unlawful entry without inspection.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

But (c)(10) is for Suspension of Deportation or Cancellation of Removal. Does he have either of those? How long has he had a work permit?

Customer: replied 1 year ago.
Okay, I just received further details. Sorry for not having everything straight from the start. Regarding the prior question about why he was sent to removal proceedings. What happened was prior counsel advised him to apply for asylum, they didn't go to aslyum hearings and it was sent over for removal proceedings. He has had a work permit since late 2013.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

That makes a little more sense. I think he got the work permit because he applied for Asylum. Does that sound right? When did he apply for Asylum? And when the judge terminated proceedings, did he grant him any status or this was just a case of prosecutorial discretion?

Customer: replied 1 year ago.
Yeah, that seems accurate. He applied for asylum in 2012. And the judge didn't grant any status it was just a case of prosecutorial discretion as you stated.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Might it have been (c)(8) not (c)(10)?

Customer: replied 1 year ago.
The current permit shows category c10
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Then they issued that in error or they misprinted the card. Take a look at page 2 and page 6:

http://www.uscis.gov/sites/default/files/files/form/i-765instr.pdf

Those are the only two locations that (c)(10) is located. So unless he has NACARA relief (and Mexicans are no eligible for NACARA), I don't see how he can have that. Here is a link:

http://www.uscis.gov/humanitarian/refugees-asylum/asylum/nacara-203-nicaraguan-adjustment-and-central-american-relief-act

I think he applied for Asylum, then he applied for a work permit through that application and that would stand to reason because he applied for Asylum in 2012 and received the work permit in 2013. Now that he has no status, just prosecutorial discretion because they terminated his case, he would not be eligible though that for another work permit. I am truly sorry. I wish I had better news for you.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!