I-765, Application for Employment Authorization

The U.S. District Court for the District of Maryland’s Sept. 11, 2020, preliminary injunction in Casa de Maryland Inc. et al. v. Chad Wolf et al., 8:20-cv-02118-PX (D. Md. Sept. 11, 2020), provides limited injunctive relief to members of two organizations, CASA de Maryland (CASA) and the Asylum Seeker Advocacy Project (ASAP), who file Form I-589 or Form I-765 as asylum applicants. Specifically, the court preliminarily enjoined enforcement of the following regulatory changes in the Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications Rule and the Asylum Application, Interview, and Employment Authorization for Applicants Rule for CASA and ASAP members:

• Removal of the 30-day adjudicatory period for Form I-765 based on an underlying asylum application;
• The requirement to submit biometric information as part of the filing of a Form I-765 based on an asylum application;
• The 365-day waiting period for Employment Authorization Document (EAD) eligibility based on an underlying asylum application;
• The bar on EAD eligibility for asylum applicants subject to the one-year filing bar for asylum, applicable to a Form I-765 based on an asylum application filed on or after Aug. 25, 2020;
• The discretionary review rule, providing that the agency has discretion as to whether to grant a Form I-765 based on an asylum application; and
• Removal of the rule deeming a Form I-589, Application for Asylum and for Withholding of Removal, complete if USCIS does not reject it within 30 days of receipt.

If you are a member of CASA or ASAP, you should file your Form I-765 without the biometric services fee under the preliminary injunction order issued in Casa de Maryland v. Wolf. To file your Form I-765 without the biometric services fee, you must include documentary evidence of your membership in CASA or ASAP in the form of:

1. a copy of your membership card, indicating your name and member ID number, if any; or
2. a letter from either organization certifying your membership.

If you are filing your Form I-765 through the U.S. Postal Service, you must mail to USCIS, PO Box 650888, Dallas, TX 75265-0888. If you are filing your Form I-765 using FedEx, UPS, or DHL, find the appropriate address on our Direct Filing Addresses for Form I-765, Application for Employment Authorization webpage, under “Asylees/refugees and their spouses and children,” category (c)(8). If you are using Fedex, UPS, or DHL, you must include “Attn: I-765 C08 (650888)” above the street address.

Applying Based on a Parent’s Membership in CASA or ASAP

If your parent is a member of CASA or ASAP, you are under the age of 21, and you are seeking injunctive relief under Casa de Maryland v. Wolf based on your parent’s membership in CASA or ASAP, you must submit with your Form-I-765:

• Proof of your parent’s membership (a copy of your parent’s CASA or ASAP membership card or a letter from either organization certifying your parent’s membership); and
• Documentary evidence establishing a parent-child relationship, usually a copy of your birth certificate. The birth certificate must be issued by an appropriate civil authority showing timely registration, date and place of birth, and parents’ names. It must contain the seal of the issuing office, including the date of registration and signature of the registrar. If your birth certificate is unavailable or nonexistent, you must submit either:
  1. secondary evidence that names both you and your parent who is a member of CASA or ASAP (examples of secondary evidence include medical records, school records, or social service or government agency records); or
  2. an affidavit from at least one person, such as a relative or other individual, documenting the parent-child relationship.

If you submit an affidavit from a relative or other individual, the affidavit must fully describe the circumstances or event (such as a birth) in question and fully explain how the person knows about the event. The person swearing to or affirming the affidavit must have been alive at the time of the event and have personal knowledge of the event you are trying to prove (date and place of birth). Affidavits must also show the full name, address, and date and place of birth of the person giving the affidavit and indicate any relationship between you and the person giving the affidavit. Persons providing affidavits do not have to be U.S. citizens or lawful permanent residents. The person providing the affidavit must sign and date it.

If you submit secondary evidence or affidavits, you must explain why your birth certificate is unavailable. Attach this explanation to your secondary evidence or affidavits.

Please place your copy of your parent’s CASA or ASAP membership card or letter and your evidence of parent-child relationship immediately behind your Form I-765. If you do not submit both evidence of your parent’s CASA or ASAP membership and evidence of a parent-child relationship, you will not be eligible for injunctive relief under Casa de Maryland v. Wolf based on your parent’s membership.

Processing your Application

If you submit a properly completed Form I-765 with evidence of CASA or ASAP membership, we will accept your application without the biometric services fee. Further, we will not require you to attend a biometric services appointment in conjunction with your Form I-765 application. However, we will still require you to attend a biometric services appointment in conjunction with your Form I-589, Application for Asylum and for Withholding of Removal, if you have not already had a biometrics appointment with USCIS. Finally, we will adjudicate your Form I-765 application in accordance with the preliminary injunction order issued in Casa de Maryland v. Wolf.

NOTE: If you are not a member of CASA or ASAP and you are not an applicant under the age of 21 filing with a copy of your parent’s CASA or ASAP membership card or letter, you must include the biometric services fee or a fee waiver request as required in the form instructions when you file Form I-765.