In a confusing decision, the 5th Circuit Court of Appeals held that the automatic 240-day extension of employment authorization that accompanies an extension of nonimmigrant status under does not provide lawful immigration status for purposes of INA §§245(c)(2) and 245(k)(2)(A).
This is a very confusing issue, and one that our firm also runs into a lot with Temporary Protected Status (TPS) applicants as well as those with long term pending asylum applications who receive interim work permits. It seems USCIS contends that illegals are allowed to work? If you are allowed to work, how can you be illegal? The 5th Circuit has found the logic to answer this oxymoronic question in Bokhari vs. Holder.
Ricky Malik, Esq.
