February 28, 2018

Response from USCIS – category codes on EADs (work permits) lawful and unlawful status

Posted by D.A. King at 2:21 pm - Email the author   Print This Post Print This Post  

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Pamela Wilson USCIS Oct 2017 February 7, 2017 at 10:36 AM
Official Quote on your query
To: D.A. King



USCIS Response:

The categories of individuals who are eligible to apply for an Employment Authorization Document (EAD) are listed in the Code of Federal Regulations at 8 CFR 274a.12(a)-(c), and in the Instructions for Form I-765, Application for Employment Authorization. Individuals in the following EAD categories are applicants for lawful status. Many individuals in these categories are applying for change or adjustment of their current lawful status, but some may not be in status:

(c)(8) Aliens with pending applications for asylum
(c)(9)/(c)(16)/(c)(20)/(c)(22)/(c)(24) Aliens applying for lawful permanent resident status
(c)(10) Aliens applying for cancellation of removal
(c)(19) Aliens applying for Temporary Protected Status
(c)(31) Self petitioners under the Violence Against Women Act

Individuals in the following categories do not have lawful status. They have either been granted temporary relief from removal, or cannot be removed due to the refusal of all countries designated to receive the alien, or because the removal of the alien is otherwise impracticable or contrary to the public interest:

(a)(10) Aliens granted withholding of deportation or removal
(a)(11) Aliens granted deferred enforced departure
(a)(13)/(14) Aliens granted a stay of removal under the Family Unity Program
(c)(14)/(33) Aliens in a period of deferred action
(c)(18) Aliens granted deferral of removal under the Convention Against Torture, and aliens under a final order of removal who are on an order of supervision because they cannot be immediately removed

Finally, in some cases, abused spouses of certain nonimmigrants who are eligible for an EAD under (c)(27)-(c)(30) may not be in status.

Original question/media request

From: D.A. King [mailto:Dking1952@comcast.net]
Sent: Thursday, January 25, 2018 12:04 PM
To: Wilson, Pamela G
Subject: Media request for official quote/info from USCIS

Hi, Ms. Wilson,

I am grateful for the info on USCIS and am preparing a write-up for several Georgia newspapers and statewide web-based news outlets.

For early next week I am writing for submission to the Macon Telegraph, Insider Advantage Georgia and other outlets about various codes on the federal EAD document noting the bearer’s non-citizen status as an educational piece on public benefits in Georgia. It is aimed at and at the request of several state legislators. I would be grateful for quotes from your office to insure accuracy.

As you have confirmed, DACA status does not provide lawful status or lawful presence. DACA status is indicated by “C-33’ on the EAD. I am using this (pages 12-21 – 12-24 as a reference). My request for the piece is a quote from USCIS on which other EAD codes denote a status that does not qualify as lawful status or lawful presence. As an example, code C-18 is described as “deportable alien under order of supervision.” Please let me know if this category of alien has lawful status or lawful presence? Which other categories in addition to C-33 do not have lawful status/presence?

My deadline is Tuesday afternoon. I am always grateful for your kind assistance. Please contact me with any questions.

Thank you,
D.A. King


__ Follow up

From: “D.A. King” <Dking1952@comcast.net>
Subject: Thank you and – Request for status of EAD code C13 (missing from response?)
Date: February 14, 2018 at 10:09:21 PM EST
To: Pamela Wilson <Pamelg.wilson@usci>


Ms Wilson,
Thank you so much for your hard work, your response to my query and your kindness in asking about my bout with the flu (it is horrible). Yesterday was my first day back to work in almost three weeks.
I am collecting quotes for my write up from several state lawmakers and have shared the USCIS info you sent with the two legislators who have asked me to investigate and write an educational piece on this. 
—>Please correct me if I am overlooking it, but I do not see that your response includes info on aliens with the EAD code C-13 , (Deportation or exclusion proceedings pending, page 12-23 here). Can you please provide that information? Does C-13 denote lawful status?…
Thank you very much again. I look forward to meeting you.