According to recent reports, the Trump Administration is considering charging $50.00 to apply for asylum in the United States. If the purpose of this fee is to dissuade people from seeking asylum, it is a stupid and cruel idea, which may violate our treaty obligations. If the purpose is to raise money to help cover the costs of the asylum process, it is merely a stupid idea.
Here is what we know so far. The Trump Administration is working on a new regulation that would require applicants who are already residing in the United States to pay $50.00 to apply for asylum. “The fee would not apply to those who claim a fear of persecution at ports of entry or those who apply for the protections while in deportation proceedings.” “There would be no waiver of the fee for those who cannot afford to pay the $50.” Currently, of course, there is no fee to file for asylum.
Why is this idea so dumb?
If the fee is meant to deter people from filing for asylum, few will be dissuaded by such a low amount. The only applicants who would potentially be blocked by this fee are those who are particularly vulnerable, such as children. In most such cases, non-profit organizations would probably cover the costs, but this will be burdensome for the non-profits, many of which are already suffering from insufficient resources. So in practical terms, this fee would block few people from asylum, but it would create a further strain on organizations that assist asylum seekers.
To the extent that anyone is blocked from asylum by this new policy, the fee might violate our treaty obligations (not to mention our moral responsibility to people fleeing harm). For example, Article 25 of the Refugee Convention contemplates “exceptional treatment” for indigent asylum seekers, and so people blocked by the fee would have grounds for a suit against the federal government.
Also, the idea of charging a nominal fee to people fleeing harm is just plain cruel. Many asylum seekers have suffered past harm, and they are already fearful and traumatized. The legal changes and malicious rhetoric of the Trump Administration have already increased the stress level for these vulnerable people. A filing fee would be one more indicator of how unwelcome asylum applicants are.
In addition, asylum seekers often must wait for many months before they can obtain permission to work in the United States. Talk to most asylum seekers, and you will hear stories of great financial difficulty. Many have lost property and assets at home, and are living off their savings or the goodwill of family and friends. A filing fee under these circumstances is one more strain on people who are often in dire financial straits.
Finally, asylum seekers already pay plenty of fees. Although they do not pay directly for the asylum form, they often employ lawyers and experts, or have to pay for mailing and copying fees for their evidence, and for transportation to their interview. In addition, for people granted asylum, there is the fee for the green card (currently $1,225.00) and for U.S. citizenship ($725.00). Obtaining status in the United States is not cheap, and given that they have to pay for other steps in the process, asylum seekers are pulling their weight.
If the purpose of the fee is to offset the government’s costs, perhaps there is a better way. First of all, the $50.00 fee will do little to help the government. Given that the fee will only apply to certain affirmative asylum applicants, the amount of money generated will not be significant. Based on the current number of cases filed, a $50.00 fee would add less than $5 million to the government’s coffers per year. I have not been able to find recent data on USCIS’s budget, which is almost entirely funded by user fees, but in 2008, that budget was $2.6 billion. Presumably, it is more today. Even using the 2008 figure, $5 million represents less than 0.2% of the total.
If the government wants to make a profit from asylum seekers, maybe an alternative solution is to allow “premium processing” for asylum cases. Certain types of applications allow the alien to pay an additional fee (currently $1,410.00) to have their case processed more quickly. Some asylum seekers would probably be able to afford such a fee (remember, asylum seekers have made their own way to the U.S., usually by paying for transportation and sometimes by paying a smuggler). So perhaps there is room here to make a deal (I know how much President Trump loves a good deal).
I’ve previously spoken about this idea to the muckety-mucks at the Asylum Division (and I’ve written about it here as well). I think the main objection was optics–it looks bad to charge asylum seekers a fee, and it looks bad to allow asylum seekers with money to jump ahead of those without. I get that. But now we are in a new world. The government seems to be moving forward with fees for asylum seekers. If so, at least one of these objections is off the table.
As for the fairness argument (people with money should not be processed before people without money), in my opinion, that fails as well. Name one thing about asylum that is fair? The idea of fairness just doesn’t apply to asylum, so why apply it to premium processing? Earlier this year, we switched from FIFO to LIFO, so people who apply today are often interviewed before people who have been waiting for years. Is that fair? Asylum seekers with money hire fancy lawyers to help with their cases. This isn’t fair either. So for me, at least, the fairness argument falls flat.
This is especially so given that allowing “rich” asylum applicants to pay a fee would benefit everyone in the system. People who could pay the fee would benefit the most, and their cases would move the fastest. But the infusion of money into the system and the removal of “premium” cases from the queue would benefit everyone. Even those who do not pay should see their cases processed faster than they are moving today.
So instead of charging all applicants, including indigent applicants, $50.00 to file for asylum, let’s allow those who can afford it to pay for premium processing ($1,410.00 or some other fee that makes sense). This will offset costs for the government and benefit all asylum seekers.
Hi Jason, If I move to another states where are taking new cases, will they take my case as a new or will consider it in old cases? I’m in california and want to move other state.
What we hear from the asylum office is that if you move, you keep your original filing date, and so generally, moving does not help. I think this is basically true. However, I do think that sometimes, after a case is moved, it triggers an interview. I would not count on this, but it does seem to happen once in a while. Rather than moving, you might try to stay put and expedite the case. I wrote about that on March 30, 2017. Take care, Jason
Hello i did my interview on April 2016 and when i checked my status it shoed me Application is pending, for most of asylum it is showing decesion is pending what is your idea?
I think this online system really does not give a whole lot of information. It is helpful to know whether an interview has been scheduled or a decision has been made and has been mailed, but otherwise, it doesn’t tell us much. Take care, Jason
Thank you so much
Don’t forget the cost to ADMINISTER THE FEE. Why do most public libraries forgive fines under a certain dollar amount? Because the cost of chasing you down and forcing you to pay, the administrative costs of tracking, of sending emails or notices and having those bounce back, etc. etc. etc. cost more than the fine itself. Something that is free may not be valued and it may not generate cash but it is REALLY EASY TO ADMINISTER. You don’t have to explain anything or choose payment methods or remind people or have them come in and then go back because they forgot to bring money or decide whether the fee applies to them or ANY OF THAT. And most people involved in processing government paperwork and payments make a reasonable salary. Their time and attention and brainpower are valuable. They are public servants and we (collectively) employ them. So unless it brings in enough money, DON’T WASTE EVERYONE’S TIME. It’s crazy when people who claim to hate inefficient government do things to make government services MORE inefficient. When they do it purely for theatrical and for ideological reasons, that is even worse. If you want theater, write a play. Pay for a television ad. Make a speech. Don’t create new laws and regulations. That is dumb and it COSTS US MONEY. So even the pure capitalist / libertarian / freeloaders out there should recognize that it’s stupid.
I think the administration cost would be marginal. They already have system to collect fees and for premium processing for other applications, so I do not think there will be much extra cost. Also, given the number of people who would likely apply for premium processing, I think it would pup significant money into the asylum system; money that could be used to help everyone. Take care, Jason
Hi Jason,
If someone applied for asylum and were waiting for their spouse to try and make it to the US from the country of persecution. When their spouse eventually makes it to the US does the spouse have to do a seperate application for asylum?
The spouse can join the first spouse’s case. The benefit of that is that the second spouse will be eligible for the work permit at the same time as the first spouse. The disadvantage is that it can be bureaucratically challenging to add a spouse to the case, since the asylum offices are not very responsive to such requests. Check the I-589 instructions and contact the local asylum office about this, and you should be able to do it. Take care, Jason
Hi Jason. I just received my asylu
approval after 15 months.
My origin country is Iran and due to my father’s health, I need to travel to Turkey to visit him and my family after many years.
My origin passport is expired. When I get Travel Documents, do you know if Turkey would issue visa and let me to enter with no passport?
What is your experience in this regard? If anything I need to do, I wiuld appreciate you to let me know. Thanks.
Hello my friend could you please share your timeline and also which office did you applied?
Hi,
Applied in November 2015 at Houston.
I got job and moved to another state. My case was trasferred to New Orleans sub-office.
Interview was on October 2017 from New Orleans.
Approval was on Janury 7th, 2019.
Congratulations and thank you so much
It is particularly nice to get an asylum case approved during the government shutdown, which largely relates to the President’s effort to stop asylum seekers. Congratulations! Jason
Thanks Jason. As I am Asylee (granted asylum) now,
My origin country is Iran and due to my father’s health, I need to travel to Turkey to visit him and my family after many years.
My Iranian passport is expired. 1-What kind of Travel Documents I meed to apply?
2- do you know if Turkey would issue visa and let me to enter with no passport and only the TD?
What is your experience in this regard? If anything I need to do, I would appreciate you to let me know. Thanks.
1 – You can apply for a Refugee Travel Document using form I-131, available at http://www.uscis.gov. 2- I do not know whether Turkey will accept that as a travel document in lieu of your passport. Maybe you can check with the embassy. If not, you may need to renew your Iranian passport, if that is possible. However, that is not desirable as it might cause USCIS to be suspicious of your asylum status if the Iranian government issues a passport. Try to check whether the RTD will work, and if not, maybe talk to a lawyer before you renew the passport in order to evaluate the risk. Take care, Jason
Hello Jason:
I finished my interview last month.And today I use my case number to inquire online, and it shows “decision was mailed”,I call that court number,it said there is no information about My A-number. It means my case is approved or denied?Still worried about it. Thanks.
Because I search google,they said if they approved your case,then should be “new card is in processing”,a little confused,thank you for your help.
Best wishes.
Hopefully, it really does mean the decision is mailed, and hopefully it is good. However, I think the 800 number is not being updated during the government shutdown, so there is no way to know about the result until you receive the written decision. As for the new card (referring to the EAD card), I think that is not a 100% reliable indicator of the result either – especially because sometimes a post-grant EAD takes several months. Hopefully, you will get the written decision soon. Good luck, Jason
[…] Fees for Asylum? How About Premium Processing Instead? (The Asylumist, Jan. 2019) [text] […]
Dear Jason,
I had my affirmative interview at Newark asylum office today and I was told to pick my decision in 2 wks.
I was told to come with my family to pick decision. Is that the norm or is my case different. I’m scared I don’t want to be detained.
It is normal. Good luck, Jason
Hi Jason,
I just wanted to find out if i applied for asylum and my husband or spouse was still in the country of persecution, can i add them whenever they mangage to join me later or do they have to do their own separate application?
If your spouse comes to the US, you can add the spouse to your asylum case. You have to contact the local asylum office about that. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). It is often not as easy as it should be (thanks to the bureaucracy), but it is possible, and once added, your spouse could apply for an EAD as soon as you are eligible for your own EAD. Take care, Jason
Hi, could you please share your timeline? Thanks a lot.
Dear Jason:
I wish you to be good and healthy.
I gotta question, the documents and evidences that we submit to the USCIS in regards to support our case, does the USCIS send those letters to home countries for verification? In case me, I verified every single document that I submitted, USCIS anytime can verify it. But the bigger problem is that if they do so, I don’t think that people in my country( Afghanistan) do this. Because they don’t have a proper system, and government. Even myself, did my stuff verified with millions of problems, you either you should pay them or should someone very high authority. In my country, the entire government is mess, you can not do these stuff easily.
Thanks,
They generally do not send documents for verification, and normally, if they do, they send it to the Forensic Document Lab in the US, which has examples of different documents from different countries. They can also sometimes send a document to the US embassy in your country, and the embassy can try to verify the document, though they have to keep it confidential. I have done many Afghan cases and we have never seen them try to verify documents by sending them to Afghanistan. Take care, Jason
Dear Jason,
I have a couple questions. I have been waiting for a decision for 5 months by now and I made an inquiry a month and a half ago. (1) I plan to do a second one this week. Is it ok? Does it negatively affect me to do multiple inquiries?
My other question (2) is how does people know if their cases are in the HQ, reviewed by a supervisor or pending background check? Is this something I can ask them when I go to the assylum office?
My office is Arlington.
Thanks a lot
1 – That should not be a problem. 2 – Once in a while, they tell you, but usually they do not. I did a post on October 20, 2015 that discusses the types of cases that go to headquarters. Take care, Jason
Hi Jason
Are asylum cases reviewed during naturalization interview? How are the current Asylee naturalizations going? Any changes in procedures/policies?
Thanks
I know three people canme us on 2011
Syrian
And the got passports
On one 3 months after applied for N400
Its very fast and was easy
Two atlre brothers
And one is separate and all are syrians
I have just done several naturalization cases for some old asylee clients – from Sudan, Iran, and tomorrow, Yemen (my clients all come from Trump’s favorite countries). We prepare the clients to discuss the asylum case, but it has never been necessary so far. They could ask about that, and it is important to make your N-400 consistent with your I-485 and I-589 (and any other forms/visa applications you filed). Generally, though, the cases I have seen have been going smoothly. Wait time for my recent clients has been maybe 13 to 15 months. Take care, Jason
Hi Jason, I am asylum applicants of 2015. I requested expedit and was accepted to interview on February 1, 2018. While I was preparing for interview date, I got a mail of interview cancelation letter stating that I requested cancelation. My lawyer communicated through email by stating neither me nor my client requested cancelation and they replied it was cancelled by asylum office not by you. I repeatedly went Arlington office to request reschedule my interview and they said no change you are still pending asylum applicant. What do you recommend to me? should I submit a new expedit request or wait until getting information from them?
Thanks
Hey! I applied for asylum in 2009, and they denied my case, they sent me to the court, I was supposed to go in 2012, and at that time they sent me a letter says due to the court problem they had reschedule me and put me in 2015, the time I was supposed to go in 2015, they sent me another letter again saying that my case has been rescheduled in 2019, now I finished to check, they rescheduled me again in 2020, my problem is, I think this is to much, how come I should wait 10 years to go to the court, do you think is that normal or there’s a problem I don’t know, what should I do?
We have seen people with similar problems, and it is certainly unfair and very frustrating. The only thing you can do is to request that the court expedite your case. I wrote about that on April 20, 2017. Take care, Jason
Given that it has been 11 months, I doubt they will have much new to tell you. I think you should try to expedite again, and explain what happened, including that your case was previously expedited by then they canceled the interview. Hopefully, they can accommodate you. Take care, Jason
Hi, Jason,
Thank you for your amazing blog. Could you please explain how do EAD renewals work? I can apply 6 months before my EAD expires, and after receiving the receipt it will be extended for 6 months, I just don’t understand extended for 6 months starting when? For exp.my Ead will expire in March 2020, and I’m planning to apply for renewal in October 2019, and if I get my receipt in December 2019, 6 months extention will start from December? But I have my EAD till March 2020, so if extention starts from December 2018, I’m loosing 4 months, and I’ll have extention till May 2020, no way I’ll get my new EAD by that time. Sorry for such a long question, but I’m really confused. Thank you.
The 180 day extension starts when the EAD expires, so you are not losing time by applying early. Also, given the slow processing times for EAD renewals, it is not a bad idea to file as soon as possible to renew (which is 180 days before the old card expires – don’t file earlier than that, or the renewal application will be rejected). Take care, Jason
Jason , my MCH is at Orlando on March 19th. I am hearing that courts are closed I and my husband are in US from 12 years. Iam getting worried about my case going forward in immigration court. Plz advice.
Courts are closed for non-detained cases during the government shutdown. The shutdown will hopefully be resolved long before March (I think the longest previous shutdown was about 3 weeks). If the shutdown does continue until March, your case would be rescheduled. Take care, Jason
Hi Jason,
What is the cost for writ of mandamus lawsuit (for asylum decision) at your firm?
Thank you
We are not doing such cases now, but costs vary a lot, depending on the lawyer and on how the case goes – I have heard as low as $1500, and up to many thousands of dollars. Take care, Jason
Hi Jason, as a long-time reader of this blog and first-time commenter, I have to thank you for all the work you’ve done over the years advocating for this community. I had a question if you had the time to look it over. I applied for asylum in April 2015 and my case was assigned to the Chicago Asylum Office. Almost four years later, there is still complete silence about my case and I haven’t even been scheduled an interview yet. I know for a fact my case is still under consideration as I have been applying and receiving EADs almost the entire period since then (received my third one in October 2018 with no problems), so there is no chance I’ve missed an interview or had my case declined without my knowledge or anything like that. My question is, do you think I have a strong case to write to the asylum office and ask for my case to be expedited? Are there other options that I could take? I read your post on the topic, but I don’t particularly have a medical or family reason that would augment my expedition request, just the -in my opinion- very long waiting time. I’d appreciate any insight you’d have the time to give me. Thank you very much again.
I doubt that would work as a reason, but there is no harm in trying. If you want to bolster your request, get a report from a therapist that explains how the long wait is negatively affecting you. Also, if it is hurting your career or school, you can submit evidence about that. In all likelihood, they will not expedite, but you never know. Take care, Jason
Hi Jason,
Thank you for your help here. After master hearing, If I change my address and let the court know what will happen to my case? Will it be transferred to where I moved or is it gonna stay at where I have attented master hearing. I would, actually, rather my case to stay in the same court.
Generally, if you move to a new location, your case will move to a new court, but not always. It depends on the judge and the DHS attorney. If you have a lawyer, you should ask about that. Take care, Jason
Hello Jason,
First, I would like to thank for all what you have been doing. it means a lot. my question is… I have applied for my GD in December 2016 and a year later I received a notification saying it is transferred to an asylum office. now it has been two years since my initial application. is it a problem if I apply again for my GD even though I have to pay again the fee or is there another way to ask? I have been asking to the asylum office but they told me its is under review and sometimes they said we transferred your request to the right personnel.
Thank you
I do not know what GD is – is that your green card? If so, there is no sense applying again if you have an application pending. You should inquire with USCIS also – you can find their phone number at http://www.uscis.gov. Also, you can try the USCIS Ombudsman – a link is at right. Take care, Jason
Hi Jason how are you and happy new year
I applied for ead on 10 December and I got the recite on 18 December my application depends on asylum pending so how long could take it to get th card or I don’t know what is the next step¿
First time applications tend to be faster, maybe 1 to 3 months. Renewals take longer, maybe 3 to 7 months (but the receipt automatically extends the old EAD by 180 days). Take care, Jason
Ok thank you very match but, are they send me another recite for ampproval or they will send me the card ¿
Ok thank you very match but, are they send me another recite for ampproval or they will send me the card and my second question can I work in any sate I want because I finds a job in another state or I should work only in where i’m I
You should get an approval notice and then a card. You can work anywhere you want, but if you move, you are required to change your address using form AR-11, available at http://www.uscis.gov. Take care, Jason
Jason is there an office that is moving quicker? and does moving from one state to another maximize chances of getting ahead? thank you . we filed in 2015 and still in limbo.
I wrote an article on December 4, 2018 where I list the offices that are processing more cases than they are receiving. I also provided a link to the raw data. In truth, I doubt moving to one of these offices will make much difference, since things are constantly changing and a fast offices today may become a slow office tomorrow (since they move resources around to address their needs). Anyway, you can take a look at draw your own conclusions from the data. Take care, Jason
Hi Dear Respected Jason:
Thanks for being this much kind that everyday you give us hope.
I have a question:
Frankly, my brother, my sister, and my sister in law came to US through SIV program, which their life were in serious danger due to working with US Forces. I am waiting for my asylum interview in US, also my asylum case is almost similar to my brother and sister who came to US through SIV. What do you think, how much thier cases will help me in decision of my application that they are in US through SIV program which is designed for those whose life’s are serious danger ? And I added my brother in my case, and wanna get witness letter, and some other documents from my sister and sister in law to add my application prior to the interview.
Do you think that thier cases will help me in decision some way ? I read once in your blog that you had a client whose family member were in SIV, and he was granted.
Thank you, god bless you.
I have had several cases where the close family members had SIV status. We include the relatives’ SIV documents and letters from the relatives also. The SIV documents are usually very helpful in a case like yours, especially all the letters talking about the threats faced by your siblings. Sometimes, the letters even say that the whole family is in danger, which is obviously helpful to your case. Do not assume that the asylum office can get those letters – they probably cannot. So you should submit them with your case. Take care, Jason
Jason,
Yesterday, I’ve received approval notice letter. Finally, After 1 year and 5 months waiting for the decision, I got it granted. My case was stuck in HQ, so it was so annoying thinking how long more I had to wait for the decision.
I asked you so many questions during the past year 🙂 thanks for answering them patiently.
Thank you for sharing the good news, and welcome to the USA! Take care, Jason
I ❤ your comment, “welcome to the USA!”
ASYLEE, congrats on your approval! 🙂
i m very happy for you my dear. i feel like it come to me because im still waiting for the decision 13 months now. glory be to the God. so can you share your time line please? Did you do something for expedite the result?
once again congratulations.
thank you to response.
Congrats dear.
Congratulations Asylee. Which office did you apply in and when did you submit your application? It has been 2 years since i WAS interviewed but my application is still pending final decision. Did you ask for an expedited decision?
Thanks for congratulating me everyone.
I had my interview in Sep 2017 Arlington. I am not sure if we can expedite like the way we expedite for interview. HOWEVER, Me and my attorney sent them bunch of letters. My former attorney used to be AO. And she helped my current lawyer to prepare a letter to get my case out of freaking HQ.
Congratulations ASYLEE , my case is also send to HQ it’s almost 18 mounts Arlington AO . Could you help me how I prepare a letter to get my case out of freakingHQ.
Hi Jason,
Today, I submitted my adjustment of status application based on Asylum. I wonder how long is the wait time these days, average?
Thank you
We have seen it take about a year, but it is always kind of unpredictable. Take care, Jason
Right now how long are people waiting for a greencard?
For people applying for a GC based on asylum granted, we see such cases take about a year. Take care, Jason
Dear respected Jason:
Was a year for getting Green Card a minimum time or maximum? In other words, what is the maximum time for getting a Green Card? I know, it is unpredictable as you said, but just an estimate as you have experience on it.
There is no maximum (or minimum). A year is just a very rough guess, but some cases have issues that cause long, even indefinite, delays. Take care, Jason
Hi Jason,
I am preparing my document for I-730 interview at the embassy. They gave me to fill for I-765.I do not know how to fill my eligibility Category on the form. Is it a(5)? Please help me on this.
Thanks
I cannot answer specific questions about forms, as I do not know your case, but for our cases where the person is an asylee dependent, we list category a5 on the I-765. Take care, Jason
Thanks for your help Jason.
Premium processing of asylum cases would not be feasible for USCIS…
Currently only certain employment based petitions are eligible because USCIS can process them in a timely manner.
Due to the complications of asylum claims and the over loaded system, it would be impossible to conduct premium processing.
To be honest, if $50 filling fee could reduce # of fillings, I would say that is good (also a filling fee is explicitly authorized by the congress). $50 is far below the cost of processing an asylum claim. At this stage DHS has to try every avenue to explore options to reduce caseload otherwise the backlog is truly hurting all asylum applicants and the hard is far more sever for all than having to pay $50.
Premium processing does not guarantee a decision, just a response. The asylum offices do have the ability to schedule interviews quickly (witness LIFO). They may not be able to give a decision all the time, but usually they could, and so people who paid would, in many cases, benefit from this and may choose to do it. Also, arbitrarily weeding out asylum seekers simply because they cannot pay $50 is not fair and would likely violate our treaty obligations not to return people to countries where they face harm. It would also impact the most vulnerable, which seems particularly cruel. I think premium processing is a far better way to reduce case loads than charging $50. Take care, Jason
Can one use EAD and SSN to get school admission and go to school?
Usually. Talk to the specific school to be sure, and see if they need anything else. Most people with pending asylum cases are allowed to attend school (if you are talking about elementary or high school, everyone can attend, regardless of immigration status). Take care, Jason
I dont know about other states but in California you can do it, they even give you in-state tuition. I was able to attend a school while my asylum was pending. I completed 2 years of University by the time my asylum was approved, after getting asylum I received financial aid and other grants.
Does the $1,500 would also apply to get a decision on your case? I was interviewed 4 months ago and still nothing. I am currently waiting to get my EAD card through OPT but there is a huge delay and my empoyer is waiting. I dont know what to do because I wente there one month ago and they said that it was “pending”… this has been so stressful since the beginning
This is only my proposal. Premium processing does not apply to asylum (or to EAD cards). Take care, Jason
Hi Jason Can premium help to get fast decision about my pending asylum case , it’s 18 mounts my case is pending for final decision in headquarters.
Hi Jason Can we pay 1,410.00$ now to get fast decision about my pending asylum case , it’s 18 mounts my case is pending for final decision in headquarters.
This is only my idea; you cannot do pay money to get a faster asylum decision. You can contact the asylum office to inquire about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason and everyone,
Please after changing my address how can I make sure that uscis receive it and can I send documents using my new address or should I wait?
Thanks and Happy New Year to all
If you filed online, you should get a confirmation, which you should print and keep. I suppose you can email the asylum office directly to ask them, but we normally do not do this, as they usually do not respond, and we have the confirmation. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). As for documents, the asylum offices tend to lose many documents, so I think it is safest to keep everything and submit it once the interview is scheduled (some offices require you to submit documents a week in advance of the interview). Take care, Jason
Does anybody know if Asylum office of Newark had a short list?
USCIS budget was over $4 billion in FY 2017 (see page 10 below):
https://www.uscis.gov/sites/default/files/USCIS/About%20Us/Budget%2C%20Planning%20and%20Performance/FY2017.pdf
Thank you – so that means a $50 fee would amount to about 0.125% of USCIS’s budget…
I actually love this idea, problem is … it will take a while for those propositions to be implemented even if they’re discussed and approved. I think that having certain individuals pay a premium fee is much better a solution than having everyone pay a small fee of 50$. It’s true that asylum should never be something that only wealthy people get to apply for… and for people who arrived into this country with nothing but the clothes on their backs and no work permit, even 50 bucks might be difficult for them to come by. A premium fee is a small price to pay in exchange for not being stuck at the background check for what probably will be a considerably lengthy period of time (if you’re an applicant from countries in the middle east, you must be thoroughly vetted, a process that will take years probably, but might take less for a fee). People will complain that applying for asylum should be free, but I must assure them that most of us applicants wish that we could pay to speed things up or at least get premium services where we get a response as to how much work has been done on our cases as opposed to always getting a response that basically says it’s “pending”. This is not the USCIS’s fault, it’s not the FBI’s fault, it’s not the government’s fault in any way shape or form.. it’s just that the backlog is huge! And now that there’s a government shutdown, those ladies and gentlemen working for the government are affected, things might start to get processed at a slower pace… and we have no right to ask them to do things “faster”.
The asylum office should not be affected by the shutdown, as it is funded by USCIS customers’ fees, but whether asylum-related activities, such as background checks, are affected by the shutdown, I am not sure. I don’t think so, but it is not easy to know which offices are affected and which are operating normally. Take care, Jason
Hi Jason,
Is it possible for those granted asylum to apply for a fee waiver for the green card application (if they weren’t financially capable ) ? admitted refugees pay no fee. I was surprised to read from your blog that asylees need to pay the fee.
Thanks
H.
They can apply for the fee waiver, form I-912, available at http://www.uscis.gov. Take care, Jason
Hi dear Jason
I have pending asylum case and Im on status, F1. If I use my EAD instead of i20, to apply for drivers license and ID card, does it mean that I have used my EAD and considered as violation?
Filing for asylum is arguably a violation of F1 status (since student are required to return home, and asylum seekers are asking to stay permanently). There is a memo, which I can never find, from September 2018 that seems to indicate that F1 students who apply for asylum and are denied will be sent to immigration court (meaning, they are out of status). I have not heard about this happening, but that was the implication of the memo. Whether working with the EAD will make this any worse, I do not know. In the past, students who worked and were denied asylum were not referred to court, but now, they could be. Take care, Jason
I think it would be not so ugly if there is a fee of $1410 for premium processing for only people who have been already in asylum process for more than 3 years. Jason can you give this idea to your local republican senator or congressman? Thank you.
I think it would be not ugly if there is a fee of $1410 for premium processing for only people who have been already in process for more than 3 years. Jason can you give this idea to your local republican senator or congressman? Thank you.
I’ve talked to people at the asylum office about this idea, but at least at that time, it was a no go. Who knows? Maybe it will catch on some day. Take care, Jason
Hi Jason,
A friend of mine who has asylum status got in trouble over the weekend and was arrested for domestic battery. Charges won’t be pressed by the victim but I am wondering on their behalf how this affects citizenship and green card eligibility. Would counseling help with that?
Thanks
Assuming there is no conviction, it should not block him from any immigration benefit. However, he will need to state that he was arrested and provide copies of all documents, especially the “disposition”, which is the outcome of the case and can be obtained from the court. If there is a conviction, or any type of punishment, even probation before judgment or some type of rehabilitation class, the person should get a lawyer, as there could be an immigration effect. Take care, Jason
Thanks so much Jason. There were no charges filed by the person or the state, at this time.
So I’m guessing that means things are OK (at this time)
That is not necessarily true, but probably. He needs to get the disposition of the case and have a lawyer look at it, just to be safe. Take care, Jason
Hi Jason. I am granted Asylum by immigration Court and applied form i730 for my family in my Home Country 6 months ago.Now i want to move another state. My Questions are: 1. To change address from one state to another state will effect the process or do slow it? 2. Can i keep same lawer? or no more need to lawer for the i730 process?
1 – It should have no effect, but make sure to change your address for the pending I-730 forms. Use form AR-11, available at http://www.uscis.gov. 2 – It is often nice to have a local lawyer, but if your lawyer already started the case, and you are happy with the lawyer, it seems to me that there is no reason to change. There is no interview in the US for the I-730, and so it does not matter where the lawyer is located. Take care, Jason
Hi Mr. Jason:
Thanks for everything your doing.
Can we pay 1,410.00$ now to get fast interview? I swear I will sell my stuff to get my interview soon. I have to do my hand operation outside, if not, I won’t be able to work if I don’t do my operation.
I am also looking for a way to expedite my case, if my luck help me.
This is just my idea, you cannot premium process an asylum case. However, if you have a medical reason you may be able to expedite the case (which is free, but unpredictable). I wrote a post on March 30, 2017 about that. Take care, Jason
Hi Jason, thank you for keeping us informed on what is happening inside USCIS.
My family (2 adults+2 dependent kids) has filed for asylum in Aug 2015, in Feb 2016 applied for EAD for adults and then in Feb 2017 renewed our EADs for 2 year. The first question is do you know what is the lead time to get EAD nowadays? Do we still need to apply 90-120 days before expiration as it was back in 2016?
Also in Jul 2017 we applied for kids EADs to get them SSNs. EADs expire in Jul 2019. My second question is do i ought to get newer EADs for the kids? There is no use in it for them – they don’t work, don’t drive, but it will be 820 dollars out of pocket.
BTW do you take cases in NY?
You get an automatic 6-month extension when you get the receipt, so that helps, but you should try to file as early as possible (the earliest you are allowed to file is currently 180 days before the old card expires). Wait times vary, but sometimes, they can be over 6 months. Most people do not renew EADs for small children. You can, but it is a waste of money (you can try for a fee waiver – form I-912 – but that is kind of a pain). Take care, Jason
I applied for my kids for the purposes of ssn, and never renewed. They both expired last August.
Can anyone who is currently in the LIFO backlog file the form i907? I don’t mind paying the $1500 to get my case processed faster. It’ll be a better option than waiting years to be heard. Looking at the website must it be filed only by employers? And what are the requirements to qualify for “premium processing”?
Thanks
There’s no problem with the line.
Go to your local office and ask them to put you on short list.
You’ll get your interview in 1-2 months.
Good luck
If I do this, how many days before the interview will I be informed about the interview?
U will receive interview notice about two weeks before the interview. Sufficient time to prepare for your interview
Most offices do not currently have short lists. You have to ask that specific office. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If not, you can always try to expedite – I wrote about that on March 30, 2017. Take care, Jason
This is just my idea, not a rule. You cannot currently premium process an asylum case. Take care, Jason
I like this idea – thanks for proposing it to your audience. I might add that the government is already in practice charging fees to affirmative asylum applicants in the form of costs the regulations did not once intend for them to bear. As you know, when affirmative cases drag on, applicants who want to support themselves while they wait have to pay to renew their employment authorizations. Particularly for people in the backlog who had already waited for years and are now at the end of the line, many project to incur total costs up to and even exceeding $1,410 over the life of their case.
This is a good point. Also, the living expenses of being here and waiting in limbo for years. Take care, Jason