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USCIS states which asylum applicants qualify as Rosario v. USCIS class member in context of I-765 adjudications

  1. Date Announced

    Dec. 7, 2018

    USCIS specifies which individuals with pending asylum claims qualify as class members under Rosario v. USCIS. Rosario class members are those who (1) filed their I-765 (employment authorization application) after their I-589 was pending for at least 150 days, and (2) USCIS did not adjudicate their I-765 within 30 days. USCIS suggests that class members call the USCIS Contact Center, and if there is no response, only then email the Texas Service Center Class Action inbox for more assistance. [ID #64]

    View Policy Document
  2. Effective Date of Change

    Dec. 7, 2018
  3. Subsequent Action

    June 22, 2020

    On June 22, 2020, DHS issued a final rule removing the regulatory provision that USCIS has 30 days from the date an asylum applicant files an I-765 to adjudicate the application. The rule states that Rosario class members who have filed their initial EAD applications prior to the effective date of the rule will be grandfathered into the 30-day adjudication timeframe. For more details, please see Associated or Derivative Policies, below.

    FR | Final Rule Removal of 30-Day Processing Provision for Asylum Applicant EADs

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