USCIS and EOIR Policy Changes: Garcia Perez Case

Important changes in USCIS and EOIR policies related to the Garcia Perez case. In our article you will learn how this will affect obtaining work permits for political asylum applicants

Northwest Immigrant Rights Project (NWIRP) and National Immigration Litigation Alliance (NILA) recently announced they have reached a preliminary settlement in the lawsuit Garcia Perez v. USCIS strong>. This case involves United States Citizenship and Immigration Services (USCIS) and The Office of Immigration Review (EOIR)processes asylum applications and addresses many important policy changes .

Main Changes in the Policy

The main issue raised in the case concerned the difficulties faced by asylum applicants in obtaining a work permit. During the course of the trial, NWIRP and NILA were able to achieve changes to improve the process.

1. Notice of suspension of timing

Applicants will now receive a notification if the countdown for obtaining a work permit is suspended. This will help avoid misunderstandings and make it possible to respond to changes in a timely manner.

2. Possibility to correct errors

In the event that USCIS or EOIR suspends the clock, the applicant will be given an opportunity to correct the situation, thereby avoiding long delays in obtaining work authorization.

3. Resuming the countdown

If the applicant loses the case, but files an appeal and wins, the time limit for obtaining a work permit will begin from the date of the previous refusal, which speeds up the process of obtaining a permit.

4. Cancellation of suspension of time when changing the place of consideration of the case

Previously, the countdown for obtaining a work permit stopped if a person asked to transfer the consideration of the case to another city. This practice has now been abolished, making the procedure easier for applicants.

5. Special rules for minors

New rules will now apply to children applying for asylum. If the case is transferred from the immigration court to the asylum office, the clock on the work permit will not stop.

These changes have not yet entered into force and will be applied only after the agreement is approved by the court. NWIRP and NILA have issued a special notice to explain these changes and their potential impact on applicants.

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