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Rebecca Bello

Posted 21 days ago

User
I was placed in removal proceedings but my asylum case is still pending with USCIS. I am confused about which court or office now has control over my case. Who has jurisdiction, and how does this affect my work permit and interviews?
2 Responses
V

Valeria Santoro

Answered 21 days ago

User

Once removal proceedings begin and an immigration court case is opened, jurisdiction over the asylum application usually transfers from USCIS to the immigration judge. This means USCIS will no longer decide the asylum claim itself. However, USCIS can still handle certain related benefits, such as asylum-based work authorization, as long as the asylum application remains pending and you meet eligibility requirements. Your interviews would now take place in immigration court rather than at a USCIS asylum office.

C

Chinedu Okoye

Answered 21 days ago

User

This situation is more common than people realize. If an NTA is filed with the immigration court, the judge becomes responsible for deciding the asylum case, even if USCIS originally received it. That does not automatically cancel your ability to renew an EAD based on asylum. The key issue is whether the court has formally taken jurisdiction. Checking your EOIR case status and coordinating between court filings and USCIS applications is very important to avoid delays or denials.

When both USCIS and the immigration court appear involved, confusion is understandable. In practice, once removal proceedings are active, USCIS typically pauses its asylum adjudication role. Your asylum hearing timeline will depend on the court’s schedule, which can be much slower. Your work permit eligibility usually continues, but any missed hearings, address changes, or filing errors can create serious problems. Many applicants benefit from legal guidance at this stage.

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