I’ve written about the “backlog” a number of times. Essentially, as a result of large numbers of Central American youths arriving at our Southern border and seeking asylum, the system was overwhelmed and—though it didn’t exactly grind to a halt—there have been major delays for many applicants. The “surge,” as it is known, was not USCIS’s fault and, in fact, USCIS has worked hard to continue processing cases under very difficult conditions.
I’ve discussed before about some things USCIS could do to ease the burden on asylum applicants—prioritize applicants separated from family members, expedite following-to-join petitions once a case is approved, perhaps implementing “premium processing” for asylum applicants who can afford it—but lately I’ve noticed an unfortunate trend that USCIS needs to correct.
We’ve seen several of our clients’ applications for Advance Parole improperly handled or denied. Advance Parole is a document that allows an asylum applicant to leave the United States, travel to another country, and then return to the U.S. and continue her asylum application. When asylum applications generally took only a few months, Advance Parole was much less necessary. But now, when applications can take years, it is very important. In the era of the “backlog,” many asylum applicants face prolonged separation from spouses and children, not to mention parents, siblings, and friends. As you can imagine, these long separations are often the worst part of the whole process.
Advance Parole is a way to mitigate the difficulty of long separations. The applicant can obtain Advance Parole, travel to a third country to see her family members, and then return to the United States and continue her case. The application form itself (form I-131) asks whether the applicant plans to return to the country of feared persecution and—if the applicant returns to her country—it could result in a denial of asylum.
In recent weeks, we’ve been seeing two problems with USCIS decisions in Advance Parole cases. The first problem involves outright—and improper—denials of the I-131s. In these denials, USCIS claims that the I-131 must be denied because the applicant has not filed a concurrent form I-485 (application to adjust status to lawful permanent resident). In other words, because the asylum applicant has not filed for his green card, USCIS believes that he is not eligible for Advance Parole. This is simply incorrect: Asylum applicants are eligible for Advance Parole. See 8 C.F.R. 208.8. What is so frustrating about these denials is that we clearly indicated on the form I-131 that the person was an asylum seeker, and we included evidence of the pending asylum application; evidence that USCIS completely ignored. Not only do these denials prevent asylum applicants from seeing relatives (including relatives who are in very poor health), but they also waste money: The cost of an I-131 application is $360.00. To appeal the denial of an I-131 costs $630.00 (not counting any attorney’s fees) and takes many months, so it really is not worth the trouble and expense.
The second problem we’ve seen with Advance Parole applications is that USCIS has been requesting additional evidence about the purpose of the trip. So for example, where one client has a sick parent who he hopes to visit in a third country, it has not been enough to provide some basic evidence about the sickness (like a doctor’s note or a photo in the hospital), USCIS has requested more evidence of the health problem. Why is such evidence needed? As applicant for asylum is eligible for Advance Parole. He can travel for any reason: To see a sick relative, to attend a wedding, to go to a professional conference. So why should USCIS need to see evidence that a relative is ill in order to issue the Advance Parole document? It is insulting and unnecessary; not to mention a waste of time. I suppose this type of request for additional evidence is better than an outright denial, but it is still improper.
What also been a source of frustration, is that we’ve filed three identical Advance Parole applications for a husband, a wife, and their child. We mailed the applications in the same envelope with the same evidence. So far, the husband’s was denied because there was no pending I-485, the wife was asked for additional evidence about her sick relative (so presumably USCIS believes she can travel despite the absence of a pending I-485), and the child’s has been transferred to a different office altogether and is still languishing there. They say that consistency is the Hobgoblin of small minds, but it would be nice if USCIS could get its act together on these Advance Parole applications. Real people are harmed because of the government’s confusion about how to process these cases. I don’t know if it is a training issue or something else, but USCIS should examine what is going on here.
As the backlogged cases drag on and on, foreign travel becomes more important for many applicants. The uncertainty surrounding the I-131 applications, and the inability to see family members, is only adding to the applicants’ stress and frustration. Let’s hope that USCIS can resolve the problem and give some basic relief to asylum applicants.
Dear Jason,
Many many thanks for all your support.
I am an affirmative asylum seeker. I came to US through J1 visa and not subject to 212e. During that time I don”t know about asylum. After an year, I got admitted in hospital for me depression almost try to kill myself and lost my job. After hearing my story, my EAP told to meet an Attorney and finally we filed an asylum on 9/26/16 before J1 expires 9/30/16. Today, I have received a referral notice from USCIS stating that, I have not demonstrated with clear and convincing evidence that an exception to the 1 year filing requirement. The notice doesn’t have any interview date. When i checked through online, it says my interview was scheduled in Jan-2019. My interview was expedited based on my child critical medical situation. Its been 3 years i have separated from my child. I am very depressed and don’t know what to do. From the begining, Senator Rob Portman office was helping me out all the way to expedite my interview and interview decision. After filing my asylum, I haven’t traveled anywhere. I am living the same place.
Can I apply for advanced parole for my child to US? Is there any way I can bring my child here.
Thank you a million!
Banu
I am not sure I understand – you did not have an asylum interview, but were just referred to court due to the one year bar? If your case is in court, you are not able to get Advance Parole; if your case is still with the Asylum Office, maybe you can get AP (I wrote about this on September 11, 2017 – maybe that would help). Your child could try to get a visa to the US, though that is very difficult given your pending case. If the child has any health issues, maybe you could also file for humanitarian parole for the child (form I-131, available at http://www.uscis.gov). This will also be very difficult, but might be worth a conversation with a lawyer to see whether there is any way to make it happen. Also, you can try to make your court case faster – I wrote about that on April 20, 2017. Good luck, Jason
Dear Jason,
I have completed an interview by 26th October 2017. Many many thanks!
Banu
How works Parole if i will ask asylum on the border with my daughter and we dont want to stay in jail for a long time? Can we ask about parole? What we need for it?
I have no idea whether you would get paroled into the US. I suppose you can ask if you are detained, but I do not think that will have any effect. If you apply for asylum at the border and you pass the credible fear interview (an initial evaluation of your eligibility), they may release you and allow you to pursue asylum with a court. Or they might keep you detained. My impression is that more and more people are being held in detention. If you fail the credible fear interview, you will be deported quickly. Take care, Jason
Hello,
My friend has been sent to Brazil by his lawyer and his asylum is pending, They just went for a trip,
Do they get a green card after this trip when they return of US ?
I would need to know a lot more about the case to answer that. Sorry, Jason
Hello Jason
Sorry, My question should be:
Under what situation or criteria do the lawyers send their asylum seeker applicants out of USA.? How does this help any if the asylum seekers?
Does any asylum seeker with a work permit need to leave USA? until decision made?
Is there a section of law which requires the stay of asylum seekers outside USA until any decision is made on their application.
Typically, as asylum seeker should never leave the US until the case is approved. If the person needs to leave, they can get Advance Parole, form I-131, available at http://www.uscis.gov, that allows them to leave and then return to the US to continue their asylum case, but leaving the US always entails some risk that you cannot return (or that you will be detained when you return), and in my opinion, it is better to not leave if possible. Take care, Jason
Hi,
I have an asylum case pending and during the interview, the officer took my passport( he said for verification). I have to travel abroad and I am without my passport is there any way for me to travel if USCIS don’t give back my passport through from g884. Does AP work as travel document or what should I do?
Thanks.
I know of no way to travel without your passport. You cannot get a travel document unless the case is approved (AP is not a travel document, it is just a paper that allows you to re-enter the US). Maybe you could get the passport back if you contact or go to the asylum office to ask about it. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi is it sensible to request a advance parole along with your work permit application ? Will they issues advance parole or they just deny ?
If you have a pending affirmative asylum case, and you want Advance Parole, you can file it whenever you want. It is unrelated to the work permit. Take care, Jason
I have asylum case referred to judge and i have master hearing in November can i papply for advance parole?
Thank you
I have never done that, and my understanding is that if you leave the US, even with AP, while your case is in court, you are considered deported. There may be a way to do that, but I think you would need to talk to the DHS attorney first. I recommend you use a lawyer to help you. Take care, Jason