Immigration Issues/EAD denied

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Question
Robert,

I am writing on behalf of a parent who recently applied for employment authorization (filed pursuant to Title 8, Code of Federal Regulations, Part 274a.12(c)(24)) and was subsequently denied because she withdrew her application to adjust status in 2004 after being instructed to do so (concerning complications with the LIFE Act). Prior to that withdrawal, my parent was able to renew her Employment Authorization every year, and even for two years following 2004. However, due to the fact that the initial I-485 application was withdrawn, USCIS has denied her application for Employment Authorization. There is no appeal to this decision. However, I have read that one can file a motion to reopen the case.

I would greatly appreciate any advice you may have to offer.

Thanks in advance.

Answer
You can not do a mOtion to Reopen something that was withdrawn. One only has 30 days from denial to do a Motion to Reopen but they will not reopen the EAD becasue they were correct in denying once the I-485 was withdrawn.

If your parent is somehow eligible to file a new Adjustment of Status applciation, they could file for a new EAD with it.

Regards,

Robert

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