Prosecutorial Discretion ("PD") is a tool which the Department of Homeland Security ("Government") can use to dismiss cases without a hearing. This process is generally known as PD. This post is not about the pros and cons about PD or whether people should seek or agree to PD. This post is about what comes after PD.
Once the asylum case is dismissed pursuant to PD, the case is completely dismissed. In order words, the case will no longer be pending for any purposes. For asylum seekers who depend on their pending asylum cases for work permit and its renewal thereafter, they will no longer be able to either receive initially or renew their work permits after their case has been dismissed pursuant to PD.
At times, the asylum seekers are strong armed into PD either by their attorneys or the Court or at times both. In most cases, PD is a mutual decision between clients, their attorneys, and the Government. Regardless of the reason leading to the PD, the process post-PD remains the same.
Getting Work Permit Post-PD
If your case has been dismissed pursuant to PD, your case might be done with Immigration Court, however, you can still file your case with USCIS's Asylum office. USCIS will issue you a receipt notice once you have submitted your new asylum application with USCIS. However, the receipt date will differ depending on whether it is your first time filing with USCIS.
Receipt Notice of First Time Filing With USCIS Post-PD
You are filing your Asylum application for the first time with UCSIS if your case started with Immigration Court after Notice to Appear ("NTA") was issued in your case. In other words, your case started as Defensive and not as an Affirmative Asylum Case. For a basic overview of an Asylum case, please watch Episode 1 of the Punjabi Lawyer Podcast.
Once you file your new Asylum application with USCIS, you will receive a receipt notice from the USCIS with filing date of your original filing date with Immigration Court. Your work permit clock will show the number of days on your clock before EOIR dismissed or terminated your case. In this instance, you will be applying for a renewal of your work permit and not applying as initial work permit if you were given a work permit before Court dismissed or terminated your case.
Receipt Notice of Re-filing with USCIS Post-PD
If your case started with USCIS but was transferred from USCIS to immigration court then you will be re-filing your application. However, your must submit a new Asylum application just as if you would be filing for the first time with USCIS. In this case, USCIS will issue you a receipt notice with your original date of filing.
The Singh Law Office can help you navigate this difficult maze of Asylum Cases and Work Permits with ease. We have helped hundreds of clients with Asylum Cases and work permits. Contact us today to book an appointment.
The Singh Law Office—a California Immigration lawyer—can help you protect your important immigration rights before the Court. Inderraj Singh, Esq., aggressively fights for his clients and successfully appeared in immigration courts to protect the interests of his immigrant clients.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
