President Trump recently spoke to the Republican Jewish Coalition in Las Vegas. The speech was vintage Trump: Lies, distortions, middle-school insults. Frankly, it’s no longer news worthy or even interesting. But what’s different here is the audience. They were Jews. And for me, as a Jewish attorney who represents asylum seekers, their reaction to the President’s comments were horrifying:
The President says our nation’s asylum program is “a scam” and claims that asylum seekers are “some of the roughest people you’ve ever seen–people that look like they should be fighting for the UFC.” The crowd laughs.
“They read a little page given by lawyers that are all over the place,” the President continued. “You know lawyers, they tell them what to say.” Imitating one of these allegedly-coached asylum seekers, the President deadpans, “I am very fearful for my life [and] very worried that I will be accosted if I am sent back home!” More laughter.
“No, no, he’ll do the accosting,” retorts the President. Laughter, applause.
Mr. Trump went on to mock those who support our asylum system: “Oh, give him asylum,” the President whined in the persona of one of these bleeding hearts, “He’s afraid, he’s afraid!” “We don’t love the fact that he’s got tattoos on his face–that’s not a good sign [and] we don’t love the fact that he’s carrying the flag of Honduras or Guatemala or El Salvador, only to say he’s petrified to be in his country.” More laughter and applause.
“To confront this border crisis,” Mr. Trump concluded, “I declared a national emergency.” Loud cheering.
Jews yucking it up, as the President denigrates and slanders people who are fleeing for their lives. To me, this is the ultimate in Holocaust denial.
Of course, these deniers are nothing like the anti-Semitic buffoons who claim the Holocaust was a hoax. The denialism of this group of Jews is much more profound and insidious than that of “traditional” deniers. That’s because this group knows better. And because they are Jewish.
They know that the Holocaust happened; that the Nazis and their allies murdered six million Jews and five million other “undesirables.” They know too that the international community largely turned its back on refugees fleeing Nazism. The Jews in Las Vegas likely celebrate Oskar Schindler and other “righteous gentiles” who rescued Jews during the War. They lament the tale of the St. Louis–a ship carrying hundreds of Jewish refugees that was denied entry into the U.S. and forced to return to Europe, where many of the passengers perished in death camps.
Indeed, the story of the St. Louis is just one episode in our country’s shameful response to Nazism. We enforced and over-enforced visa quotas to prevent Jews from finding safety in the United States. This response was fueled by lies and half-truths: The Jews fleeing Germany were enemy aliens, they were spies and Communists, Jews and other southern and eastern Europeans were inferior to Northerners, the Jewish refugees brought disease, they would take American jobs.
And of course, blatant anti-Semitism also helped shape American attitudes towards Jewish refugees. Witness the words of Charles Lindbergh at an “America First” rally in the autumn of 1941: “Leaders of the Jewish race are not American in interests and viewpoints,” he declared. There were three groups pressing the U.S. towards war, Lindbergh continued, “the British, the Jewish, and the Roosevelt Administration.” In other words, the Jews were a threat to the United States. Certainly, we should not be admitting more of them into our country.
Luckily, not all Jews were kept out. My wife’s grandfather was released from a concentration camp after he secured a U.S. visa. If not for that visa, his children, grandchildren, and great grandchildren (including my wife and children) would never have been born. Three generations of Jews exist today because some unknown consular official issued a visa, and saved a life.
On a grander scale, the magnitude of the Holocaust, and the world’s indifferent response, led to the creation of international laws protecting refugees. Our own country’s asylum system derives directly from our commitment to “never again” sit idly by as innocent people are slaughtered on account of their religion, race, political opinion or ethnic group. In that sense, the sacrifice of the Six Million was not in vain. Their deaths helped galvanize the world to try–however imperfectly–to prevent future Holocausts.
Despite this history, the Jewish audience in Las Vegas laughed and cheered to affirm President Trump’s false statements about asylum seekers. Perhaps by pretending that today’s refugees are a threat to our country, or that they are mere economic migrants, the Las Vegas Jews hope to avoid the burden of history and the burden of Passover–to welcome the stranger and to comfort the widow and the orphan. These Jews should know better. When they mock desperate men, women, and children who have come to our country seeking protection, they mirror those who mocked us in our hour of need. In so doing, they dishonor the memory of our martyrs and–in the most fundamental way–they deny the lessons and sacrifices of the Holocaust.
Hi Jason
thanks for your great information
I am about to renew my RTD ,my question is , how long takes for renew is it like the first time or shorter for the second time ,
and its not expired but its over 6 months and most of the counties didn’t accept less than 6 months ,
second question i applied for RTD before applied Green card so can i renew my RTD with the same fee that i already paid for green card , and it will be separate because i applied for green card already .
thank you
Hello Jason,
my asylum application sent to court and waiting for hearing. my wife is GC holder and can apply for citizenship less than a year. my question is this, can I asked judge to give me more time to my wife get her citizenship and she becomes my sponser and file i485 for me? would they usally accept such request for giving more time for hearing?
thanks
Some judges accept this; others do not. Maybe you know already, but a person with a GC can apply for citizenship 4 years and 9 months after the date on the GC (technically, it is 5 years, and they can mail the N-400 form 90 days early). Also, she can file the I-130 for you now, as an approved (or even pending I-130) may help convince the judge to give you more time (most likely you would have to leave the US to get the GC, but once your wife is a citizen, you can do that here, assuming you are eligible – talk to a lawyer to be sure about that). One thing you can do to cause delay is to attend the first hearing, the Master Calendar Hearing, without a lawyer, and ask the judge for more time to get a lawyer. The judge does not have to do this, but I have never seen a judge refuse, and that might get you an extra few months. Take care, Jason
Hello Jason,
My wife (asylum derivative) has J-2 visa and if she uses asylum based EAD, will she be out of status (J-2)?Although she is eligible for full time under J2 based EAD. Also, will using her asylum based EAD have any effect on my status as J1 visa? she tries to apply asylum based EAD as it is free firs time as compared to J2 based which is not free.
Thank you
I do not know whether she would be considered out of status by using the asylum-based EAD. If that is a big concern, I guess you can either have a lawyer research the question, or just have her pay for the J-2 EAD (which is probably cheaper than hiring a lawyer!). The rules on this have been shifting, and I think an F-1 student is now considered out of status if she uses the asylum-based EAD, so maybe that is the case for J-2 people as well. In any event, going out of status would only matter if she needs to be in status for some reason, such as obtaining a GC based on employment. If her only path to remain here is asylum, going out of status should not make much difference. Take care, Jason
Dear Jason,
Is there any way to know if I am out of status or not? I am going through Perm and need to get the GC without leaving the U.S., Still having my F1 valid (Full-time student) but working with my EAD Asulym based.
Thanks!
I doubt any entity has made a determination about your status, and I know of no clear guidance on this point. Maybe the school has the ability to check whether the F-1 is still valid? Or you could try calling to ask USCIS – you can find the number at http://www.uscis.gov. I think the problem is lack of guidance, and USCIS will adjudicate the case when they make a decision on the I-485. Obviously, it would be helpful to know in advance of that – maybe if you cannot get an answer these ways, you can alert your lawyer to the question and let the lawyer research the question. Take care, Jason
Dear Jason, thank you for guiding immigrants on asylum.
– I applied in 2013
– interviewed January 2018
– decision pending for almost 2000 days (which is like 5.7 years)
– my lawyer wasn’t proactive so I decided to write and inquire about my interview decision. USCIS responded and said my case was under review with the asylum officer. That was back when my decision was pending 1809 days. I am tired of waiting and my anxiety is killing me. I feel it would be unfair for them to ever deny me after waiting for this long
My question:
1. Does writing to them create some negative bias and a reason to deny. Should I have not?
2. When is the right time to inquire about my case again? Have you heard of people’s cases pending more than 2000 days before?
Thanks
1 – I do not think so. 2 – I would not inquire more than once every 2 or 3 months, but otherwise, I think you are fine. I have clients who have been waiting as long or longer than you. It is not so common, but we do see it sometimes, unfortunately. If the inquiries are not helping, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Now that I finished my interview and my case is pending a decision, is it okay to apply for AP to Europe? I hear if you applied within one year but overstayed a 6 months visa, they could deny you from returning to USA. Should I go to Europe now that they are taking long making a decision on my asylum interview?
Martha, let me preface my response by saying that I am not Jason and Jason will respond, as he usually does, with a more expert response. To me, one of your major concerns should be- as an asylum applicant- securing the AP. From what I’ve heard and read, the chances of an asylum applicant securing an AP are slim to none. You must have a valid reason. Merely wanting to go the Europe is, unfortunately, not sufficient a reason. Who knows? You might just be lucky.
While overstaying your visa before you apply for asylum might be a reason to deny you entry into the US (please see Section 212(a)(9) of the Immigration and Nationality Act), I am not sure if this reason- once the AP was secured before leaving the US and remains valid upon seeking parole into the US- USUALLY causes a denial of entry into the US (theoretically it can and must be considered) if you have an application pending for immigration benefit.
In addition, it is important that you DO NOT leave the US (if your intention is to return to the US) if you have any “record”, even if the record was “acquired” overseas. It also makes sense that you consult an immigration attorney BEFORE you leave the US regardless.
This is helpful. I would say that I have not seen anyone who had valid AP being refused entry into the US. It may happen, but I have not heard of a case about that. Take care, Jason
I wrote about AP on March 30, 2017 – maybe that would help. You need a humanitarian reason for the travel, but once you get it, you should be able to return. The only possible problem would be if the case were denied while you were traveling. In that case, probably you could still return (since you have the AP document, you should be able to board the plane), but I do not know if you would have problems going through US customs. The problem is that you cannot predict when the decision will be. If the interview was more than a few months ago, you could inquire about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason, i want to expedite my asylum interview case on the basis of my father’s health. I have not seen him in 3 years and he is very sick back home, he is old and extremely weak and cannot travel to meet me.. he cries a lot for me , but the only problem is that he lives in the same country i have taken asylum from, will my expedite request be approved if i show evidence of his illness?
thanks
Jenny
You can try that – I wrote about expediting on March 30, 2017. However, you might say you want to visit him in a third country (and maybe this is possible?). If you say you plan to return to your country, it could impact the chances of success for the asylum case. Also, this is not a strong reason to expedite, so I do not know if it will work. There is no harm in trying (assuming they don’t think you will return home), but I do not know whether it will work. You can also apply for Advance Parole, so you can travel (preferably to a third country) to see him and then return to the US. I wrote about that on September 11, 2017. Take care, Jason
Hi Jason,
I have some questions about i765 and hope I can get help from you.
Me and my wife filed for i485 based on Asylum approval on Aug 2018 (Asylum approved on Aug 2017). At the time of approval we received EAD valid for 2 years which is currently expiring on Aug 2019. As the processing of i485 is taking longer these days we have decided to file for i765. The question now is which category do we file for? I am thinking A05 but just wanted to be sure on that. Also is it acceptable if we file i765 120 days in advance?
In addition I am a little confused by this statement on the USICS website on automatic extension of EAD:-
“The Category on your current EAD matches the “Class Requested” listed on this Notice of Action.” Would you mind elaborating on this statement please.
Thanks,
Assuming your current EAD is category a-5, that is the category you are renewing, and you will get the automatic extension. I think it is probably smart to file for the new EAD, since the GC wait time is not predictable (I think current processing times are 8 to 20 months). Unfortunately, you have to pay the fee ($410) to renew the expiring EAD. Take care, Jason
Jason, why are they applying for EAD renewal? Aren’t they asylees? I am aware of the fact that some employers are not familiar with asylum status- and this is a reasonable expectation- but why waste $820.00 for renewal of 2 EADs when really not needed? Personally, I love to point out the law to people- including potential employers. And, I don’t have any qualms about letting them know that they are violating federal laws and will report them (this is if it is determined, after an interview, that they are interested in hiring you, but can’t because of your immigration status). Does this usually work? Is it worth the time? Yes! It forces the employer to do the research. This is personal experience.
Seeking asylum status, or being granted asylum, does not automatically take away your rights as a person. You must arm yourself with the knowledge so you can represent yourself. And, it is OK to point things out to people as they sometimes just genuinely don’t know.
I think this is fair, but the EAD makes like easier and many people prefer to have it – it is a photo ID for people who may need that, and it is easier for employers and the DMV to understand. It is not needed for work, and it is helpful to educate employers about that, but some people just prefer to have the EAD and be done with it. Take care, Jason
Jason, you are absolutely right about some asylees choosing to have the EAD for contingency purposes and for convenience. I just think that in most cases, it is really not needed.
I didn’t know that asylees are eligible for a fee waiver on EAD renewal since they are not required to have it?
I think they are, but I have not looked at the instructions for the fee waiver in a while. Take care, Jason
You have got the point. I am quite familiar with being able to work with unrestricted SSN and a driver license. But the problem lies with the employer. Even with big name employers sometimes i9 reverification lies in the hand of immediate managers and they dont feel comfortable with SSN and ID even USCIS handbook says they can be used. Now the ultimate decision would be narrowed down to whether to spend $820 to be in the safe side or not have a job when the employer turn down the i9 reverification. And loosing a job is not easy as it is the source of cost of living in the US, health insurance and other stuffs.
If the fee is too high, you can ask for a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason
SAM, I get what you are saying. I also think your concerns are valid.
However, the I-9 form on page 3 (yes, the information is on the same form that the employer and you sign) clearly states what is acceptable for employment verification. Furthermore, there is a government website that anyone, including you, can go check to verify if the person seeking employment is authorized to work in the US. By law, no one seeking employment in the US is required to furnish a GC/ US passport. The potential employer may present the US passport/GC to the employer (of course, certain government jobs require proof of citizenship).
I think it is interesting to note that not everyone presenting a GC, a list A document for employment verification purposes, is authorized to work in the US. For example, Jamie adjusted status in the US in 2013. Jamie committed a serious crime in the US. Jamie went to court and was ordered removed. Jamie is somehow still living in the US. Jamie’s GC expires in 2023. Jamie presents this GC to potential employer. How would the employer know that Jamie is no longer authorized to work in the US (this is a genuine question)?
Perhaps it’s because of cultural differences why I fail to grasp this; it is really not rocket science to me. This is especially true since the government has systems in place and makes some effort (perhaps the government could do more in terms of educating the public or improving the government’s IT component for the end users) for employers to verify the potential employee’s employment authorization.
I do not know all the rules, but the employer e-verify system should indicate whether or not a person has status to work, even if they have a facially valid GC or EAD. Take care, Jason
Hi Jason,
Family member sickness comes under which category of expedite basis? I want to expedite my case based on family member health condition. Thanks
There are no such categories – just get evidence of the problem and explain why expediting will help make the problem better. I wrote about expediting on March 30, 2017 – maybe that would help. Take care, Jason
Hi Jason,
Thank you for your help! I expedited my case last year because my mother is sick so badly that we need to meet in a third country. Fortunately I received the interview notice and was approved finally. I’m gonna apply for my GC this year.
My question is that since I’m still waiting so badly to meet my mother in the third country, can I include a letter with the same reason to expedite when I apply for my GC? Is there any possible good or bad things would happen for my application if I do so? Thank you again for your help!
You could try that. I do not know if it will help, but it won’t hurt. Also, you can apply for a Refugee Travel Document and use that to travel (form I-131, available at http://www.uscis.gov). You can also ask to expedite that. If you are applying for the GC now, you can file the I-131 at the same time, and the fee for the GC will cover the RTD at no extra cost. Even if it is not expedited, the RTD will likely arrive sooner than the GC. Take care, Jason
Hi Jason,
Thank you for reaching to everyone question, we really appreciate your help.
I have a question regard i-765, I applied my first work authorization in 2016 and it was expired march of 2019. I forgot my expiration date and I worked one month without work authorization. Will this going to be a problem for me in the future or not? I am very confused. Now, I have already applied for work permit and I received the notice that they received my i-765. during my pending period, can I work or not? Really looking forward to hear an answer from you. Thank you.
The receipt should extend your old EAD by 180 days, so I guess you retroactively had permission to work during the last month. Or at least you can argue that if it is ever necessary. For an asylum application, unauthorized employment would have no effect. For some other types of applications (maybe applying for a green card based on employment), the work could have a negative effect, so if you are not doing that, there should be no problem. Take care, Jason
Hello Jason,
First I want to say thank God for you, for men like you always calling a spade a spade! Thank you for this article and what you do!
Question: we received an NTA to go to court this month end. but now on the court hotline (and in the court office) it says our master hearing has been scheduled for June next year. At the court they said our name doesn’t show up for anything on the date on our NTA. Now I’m confused, do we still show up at court on the date on our nta or just wait till next year for the master hearing? Meanwhile, we haven’t received any notice concerning this new date for MH. But what do we do?
Your advice is appreciated. Thank you
Most likely, the date on the phone system is correct. However, you should get a notice in the mail too (assuming they have your current address). If not, and if you want to be extra safe, you can go to the court on the date in question (or even before the date), talk to the receptionist, and maybe get a copy of the notice for the next hearing. You can also call the court about the date – you can find their number if you follow the link at right called Immigration Court. Take care, Jason
Thank you Jason!
Now that we have a MH coming up, can I ask or petition my case be sever or separated from my spouse even before the hearing (sice we are separated)? I also want to have my adult children separated too (get them combined with mine). And then I am told I can file a defensive asylum, can you please help explain what that is and does it work or possible?
And how do I know a fairly new attorney would be good for my case?
Thank you for your help!
You should be able to separate the case(s) if you are separated from your spouse. You can try to do that in writing, or you can ask the judge at the first hearing. A defensive asylum application just means that the asylum application is with the Immigration Judge. So if you were a dependent on the case with the Asylum Office, you would need to file a new I-589 with the judge and proceed from there. You would normally file that at the first hearing in person, or you can file it earlier if you want (which is not a bad idea, as it will start the clock on the work permit, and once you are separated from the old case, you would have to worry about the one-year filing bar, so the sooner you file, the better). As for a new lawyer, some are good and some are not, but if the person cares about the case, what she lacks in experience, she will likely make up for in enthusiasm and hard work. Take care, Jason
Thank you thank you!! God bless you for all the explanations.
Hello Jason,
I have pending I589 and also pending I485. I got AP base on my pending I485 and I have traveled out of the country several times with it without any issue. However, the last time: I entered the United State via Chicago airport on 21st of April and I was delayed for hours and was later given Deferred Inspection form that I need to appear at Atlanta office on 21st of May. I don’t have any Criminal records and I have never overstay my visa at any time. (The agent collected my phone and checked everything called my spouse and threatened her to withdraw the i130 filed o my behave. I really need your Legal advise Jason.
Thanks!
Presumably you have some connection to Atlanta. I don’t really see an issue if the marriage is true, though if you went to your home country, they might consider the asylum case a fraud, which would cause significant problems. Also, Atlanta is a very difficult place for immigrants and the court is known as the most difficult in the US. If you think there are any issues, you should find a lawyer in Atlanta to assist you, and maybe attend the deferred inspection. Also, your wife can attend. My main concern would be if you traveled to your home country, but I suppose using your home country passport could also be an issue, if you fear harm from your government (as opposed to a terrorist group in your country). Maybe talk to a lawyer in Atlanta about that. Take care, Jason
Hello Jason;
I am preparing my i-485 to adjust status after 1 year since asylum grant, I have a couple of questions:
1) Do I check YES or NO on Part 8 item 23? : “Have you ever applied for any kind of relief for protection from removal, exclusion, or deportation?”, if On form I-589 I checked the box for: “NOTE: Check this box if you want to apply for withholding of removal under the convention against torture”?
2) I only have been cited for 1 traffic violation but the ticket was dismissed at the request of the police officer. do I check YES (I have no arrest, Charge or detention history.) on Item 25? : “Have you ever been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any US immigration official …)
3) Can I list my previous home address as my current address and for how long? I recently moved but I haven’t filed a change of address because I’m still looking for a new apartment. I have been traveling and staying on friends couches. Would it be ok I file a change of address and list my friend’s in order to not lose mail communications in case they are sent to my older address?
4) what type of documents do you show to prove the 1-year physical presence after asylum grant. can I send a copy of my w2 or 1099 form for the tax year following asylum grant?
5) I registered an LLC over a year ago, but I have only recently launched operation of my small business.
What date should I list as the start date of self-employment? the LLC registration date or the operation launch date?
Thank You.
I cannot answer specific questions about forms where I do not know your case. I will tell you what I can here: 1 – that question is for people who were in immigration court. 2 – Unless it was an arrest, you can say no. 3 – That is up to you. You may be better off finding a permanent address before you file the form, or use a PO Box. You can use your friend’s address as a mailing address if that is where you live, and I think there is a separate place for your physical address. 4 – We normally do not include such info unless there is some reason USCIS might think you have been out of the country. But you can provide such evidence and that is probably a good idea if your physical presence is a concern. 5 – I think it is not so important, as long as you can explain why you chose that particular date. Take care, Jason
Dear Jason.
USCIS denied my request for EAD on the basis that I filed before 150 days and I was told to use form l-290B to file a motion for appeal. What baffles me was that they approve that of all my dependent except mine. Have you ever come across this type of situation for someone whose asylum was denied and was placed in removal proceedings? Should I just send a new application and ignore the l-290B form because my application was file at exactly 157 days been thinking this might be an errors on their part.
I have not encountered that exact situation, but assuming the clock is still going, USCIS made an error to reject your EAD application. You can check the clock by entering your receipt number at http://www.uscis.gov. Assuming the clock is going and you are past 150 days, it makes more sense to try again with the I-765. The I-290B is expensive and slow. In your new EAD application, you will have to explain about the prior rejection, or at least list the prior EAD application where the form requests that info. Take care, Jason
Hi Jason,
Hope you are doing good. I have a technical question. I won my asylum in 2017 and also got GC last year (2018). Before coming to US I was enrolled in a good university in Europe for masters program. It all got messed up when I came here and filled for asylum due to changing circumstances at home country. Anyway, that European university has agreed to let me finish my degree when I recently told them whole situation. I have already gotten my REENTRY-PERMIT (in record 50 days after receipt). My question is that I might have to stay in Europe for 6-9 months within 12 months period to finish the degree. I have tried to read the US law, all it says that if a GC holder stays out of US for consecutive 6 months his residency requirement to citizenship restarts (I have already completed 22 months of GC residence inside US). I know a lot of people in who stay in/out of US habitually with GC tend to stay >6 months inside US in every 12 months period. For me, US will be my only country of residence but I need to finish my degree. I plan to go to europe, finish whatever I can and come back just before 6 months end. Get a US entry and go back again in 2,3 months for 2,3 months more to complete whats left. I hope you can get an idea about what I am asking. I cannot find any prohibition in law for my aforesaid plan. I am more than happy to get a phone appointment with you if this is very complicated for a post here on blog.
To make it simple, Re-entry permit save my GC status even if I stay out of US for a period >1 year till expiry of permit. But does my plan save my citizenship residency? Thank you very much.
Hi Kali,
congratulations on your asylum and GC.
I am sorry, this is not related to your question to Jason,
would you mind sharing what was your experience applying for GC?
did you use a lawyer?
how long did it take?
did you do any interview?
was your first travel document free?
I was also granted asylum in 2017, but I haven’t filed for GC because of the high price of application fees. I plan to apply by myself just like I applied for asylum by myself, do you think that’s a good idea?
the questions on i-485 are a lot trickier than the i-589.
Thank YOU, and Good luck. I wish you success in your European venture.
The Re-entry permit will allow you to stay outside the US without returning for up to a year (and sometimes, they issue the RP for 2 years). However, that does not preserve your residency for purposes of naturalization. I think a gap of more than 6 months re-starts the clock, and so you then have to wait 5 years. I am not 100% about this, and every time I have a case, I have to re-check. You can check yourself if you go to the N-400 page at http://www.uscis.gov and look at the requirements for citizenship. There is a chart that is helpful, and also the N-400 instructions describe the requirements. Take care, Jason
Thank you Jason. Yes a gap of more than 6 months re-starts the clock but I am confused if this means a consecutive >6 months gap or a collective >6 months gap within 12 months period. From what I can see it seems like consecutive. Does that mean one can stay out for 5.5 months, come back for 2 months and then go out again for 4 months. Will doing this preserve residency for naturalization?
I think as long as no single absence is 6 months or more, the 5-year period does not re-start. I am not 100% sure about this, and so you have to check with a lawyer or read the N-400 instructions carefully. Take care, Jason
Hi,
Does any one know what “Your Case Status: Testing and Interview” mean? In last two months I received two notifications through email. First notification said, Initial Review. Last week I received second notification saying “Your Case Status: Testing and Interview”. I don’t know if this means they are considering me for an interview. By the way I’m one of the lifelong pending cases. waiting since 2016. Thanks.
I would expect “testing” to apply to someone applying for US citizenship, which requires a test. If you have a pending asylum case, I have no idea what that means. You can try contact the asylum office to ask about that. You can find their contact info if you follow the link at right call Asylum Office Locator. If they do not respond, my best guess is that the message just means your case is pending. Take care, Jason
Hi JJ,
May i ask what office is your application with? Mine has been pending since Sept 2016 at Houston office. Thanks!
Hi Jason
Hope you are doing good!
I expedited my case in 2017 because my mom had a cancer wanted to met in a third country but my expedition request was rejected!
Its been a years since i m severe hip pain and i went for check up and many physical threaphy ! Still it need a long term treatment which you know its hard here for an asylum seeker because i dont have insurances!
I went to Congress man and asked his helped to expedite my case! The Congress man said that they did an inquiry and they will let me know! Last week again i went to asylum office Virginia! And submitted my documents in person (expedited forms plus hospital reports) along with Congress man letter .
Do u think they will reject my expedition request this time! As my request was rejected two years a go too
Im soo nervous soo much i m having!
I need to be helped! US immigration systems soooo suckssss ! At least they should specify our destiny!
Please answer
Hopefully, it will work this time. We recently tried and failed to expedite, but when we tried again, it was accepted. Good luck, Jason
Hi Jason. I want to say thank you for everything and I have two questions.
1- can I apply for green card 9 month after case was approved.
2- from your experience how long usually it takes I-730 to be approved (6 month now).
1- You have apply for GC after one year post case approval ( they will reject if it less than 12 months)
2- I have been waiting for my I-730 approval for 17 months. These days it is all missed up.
Hi
Did you make inquire?
Because processing time right now is 11 months
And they answer For 97% of case
In less than 11 months
1 – We used to apply for the green card 11 months after the asylum approval, but then USCIS rejected one of our cases as filed “too early.” Since then, we wait the entire 12 months before filing for the GC. 2 – The processing times at http://www.uscis.gov list 8 to 11 months, I think, and that is about the range we see these days. Take care, Jason
I have been waiting for GC approval for about 15 months now. It’s at the Texas service center. Is it taking this long for others as well?
I think that is within the current processing times, which are pretty slow. You can check processing times for the I-485 at the TX office at http://www.uscis.gov. Take care, Jason
Hey Jason,
It feels awkward to ask you the opposite of what everyone else asks, but I feel out of place having my green card issued extremely fast. I applied for adjustment early April 2017 (mind you I also asked for a fee waver which theoretically should have delayed processing even more) yet I was mailed my green card Mid May 2017. If you take away the time my application spent in the mail trying to get to USCIS and the time the greencard spent on its way to me, it would be under a month I have received my green card. I know this is silly, but should I be concerned it was issued so fast?
It is so rare that something good happens with USCIS that it seems suspicious, and so I understand your worry. I do not know why that happened, but I do not think it is a cause for concern. We periodically see similar things happen. One client’s US-citizen daughter filed for her and she got her GC without an interview. This should not happen, but she got it and it is legitimate. I guess I would not worry about it, and I do not see why there should be any particular cause for concern. Take care, Jason
Hi Jason
I hope every thing is good
I have question
I expedite my asylum case in LA
And finally I granted . I file I-730 form for my wife and
On 03/2019 I received my receipt number,
I was checking processing time in USCIS website, is 8.5 to 11 months ,
I want to know could I expedite i-730 form again ? Or I have to wait ?
My lawyer said I have to wait.
Thank you for your great website
How many time did you try to expedite your asylum interview that you were finally granted ?!
Hi only one time
It is best, I think, to ask to expedite at the time you file the I-730. Whether it works, I really do not know, but we have tried it and maybe it worked. Once it is filed, we send a letter requesting expedited processing. Other people on this forum call USCIS (the number can be found at http://www.uscis.gov) and ask to expedite. Sometimes, this may work, and I think there is no harm in trying. Take care, Jason
Hello Asylee,
could you please share with us your timeline? especially how long it took after interview to receive a decision?
Hi after interview two times my lawyer sent email and asked about my case they sent me I have to wait for background check ,if some thing change they send me mail,
After 14 months I wrote a mail and explained to asylum office about my life and my wife and they sent me , my granted mail .
Hi Jason. Thanks for the information you’re providing in this blog. It is very helpful. I have a concern as my individual hearing before an IJ is a month away. My case went to the BIA after my lawyer filed an appeal. I won the appeal and it came back before another IJ. My case is a political asylum. The issue is that I got my membership card from my political movement after I received my visa. Can this be seen as an issue? Once I arrive here in the US I organized many protests against my home country before the United Nations in NY. I do not understand why my lawyer is telling me it doesn’t show that I’m against the ruling party in my country? Thanks
You may need to explain the timing of events – maybe it looks like you got the political card after you got the visa because you hoped to manufacture an asylum claim. However, there certainly could be a legitimate reason for the order of these events. If you can explain that, and if you have a fear of persecution that you can demonstrate, you should have a decent chance to win the case. Given that you have organized protests, it seems you are against the ruling party, and since that happened in the US, you should be able to get evidence about it (letters from people who attended, news articles, photos of the events, etc). Take care, Jason
Thanks Jason. Much appreciate it.
Hello Jason,
Thanks for all the hard work you’re putting in this website. Do you know or does anyone know what is going on in Boston office, do they interview backlogs at all ? Did anyone got their interview recently? It’s been almost 5 years that I am waiting for interview, still nothing, is there anything that I can do but wait?
I don’t know about Boston, sorry. Maybe someone else does. You can also try to expedite the case if you want – I wrote about that on March 30, 2017. Take care, Jason
Hi,
Try putting your name on shortlist. You might get an interview in a few months.
Please here told me there is no short list for Anaheim LA office , is that true ?
You can email them and ask – you can find the email if you follow the link at right called Asylum Office Locator. Not all offices have short lists, but some do. Take care, Jason
People here told me there is no short list for Anaheim LA office , is that true ?
Not all offices have short lists, but you can contact the office and ask about that. It is a good idea if you can do it. Take care, Jason
Jason and Ashlee, Thank you very much for your reply. I thought about putting my name on the short list, but my lawyer opposes the idea, he thinks it is risky because usually they call you just one or 2 days in advance and it doesn’t give us enough time to prepare. What should I do? Should I talk to another lawyer?
Thank you!
If the documents and evidence are complete and filed, the only preparation needed is to practice for the interview, and this you can usually do in a few hours. Speaking as a lawyer, I do not like getting a short list interview as I have a schedule, and suddenly adding an interview is disruptive, and sometimes I cannot go. Fortunately, we have a few lawyers in my office, so normally someone is available, but not all lawyers have this situation. In general, though, if all documents are filed, you should be able to do the short list, and even if the lawyer cannot attend, he can at least hopefully prep you for the case. Take care, Jason
Jason, thank you very much for your response. Yes, all the documents and evidence were complete, it has been filed years ago. Do I have to have a lawyer with me for the interview?How important is the presence of the lawyer in the interview? Is the chance of losing the case higher without having my lawyer with me during the interview? Otherwise I will ask him to prep me for the case in advance and I will attend the interview myself.
Thank you again.
The lawyer’s job at the interview is small – he can take notes and maybe help a bit during the interview. Also, he can make a closing statement at the end. Basically, though, it is a conversation between you and the officer, and the lawyer stays silent. Having a lawyer present is preferable; in case the officer is a jerk, a lawyer will be there to protect you, but most officers are not jerks and are professional. And also it is good to have a “friend” with you at the interview. But if you cannot afford the lawyer, it makes more sense to spend the money on case prep and practice rather than on the lawyer at the interview itself. Take care, Jason
Hi Jason, thank you very much for your reply, I read appreciated the information you are providing. I sure can afford the lawyer and I would love to have my lawyer with me for the interview, but my lawyer is not agreeing to me being listed on the short list, therefore if I insist to be listed, he may not be willing to attend the interview. Do you think I should talk to different lawyer? Even though I have already paid my lawyer in full upfront to handle my case, I am willing to talk to another lawyer at this point as long as Changing lawyer won’t have any negative impact on my case.
Thank you very much again for your help.
It’s up to you. Maybe if you use another lawyer, you would be entitled to a partial refund from the first lawyer. Or maybe you don’t want to bother. I do not think there is any harm to using another lawyer, as long as one of them preps you for the case and attends the interview. Take care, Jason
Hi Jason,
It’s a really powerful image when a Jewish community supports (actively or tacitly) anti-asylum rhetoric. I have a question that borders on what Trump has said.
You have mentioned in one of your posts that discussions on the amount of fraud in the asylum system is pointless – for one, it’s is hard to quantify, and also it makes sense to give applicants a benefit of the doubt, given that our doubts might result in their death back home.
I notice a growing general understanding among immigrant communities that Asylum process is a bogus way to secure a working visa. While I’m not a judge of whose case is truthful, the impression that Asylum status has been “reverse-engineered” to assist those ineligible for H1B is very common.
How can this important humanitarian institute remain popular across political divides if neither lawyers, nor communities work on displaying, combating, and discouraging fraud? On the other hand, if we stand behind every single immigrant claiming persecution, how can we maintain the credibility of Asylum status? If we grant every applicant a presumption of persecution (in public perception, not legally) then the President might more effectively replace the image of a “suffering immigrant” with an image of a person “crying wolf”.
Very interested in your thoughts.
I don’t recall writing that I think it is pointless to address fraud. On the contrary, I think we need to actively try to stop fraud and I’ve written about such issues maybe a dozen times (see https://www.asylumist.com/tag/fraud/). I’ve always felt that the most efficient way to crack down on fraud is to go after the “fraud factories” – lawyers and notarios who engage in fraud. This is easier than going after individual cases, and would (I think) be more effective and more efficient. It is not easy to know whether a case is fraudulent, but there are tools to exposing some fraud. I think it is important to do that, in order to protect the integrity of the asylum system and protect legitimate asylum seekers. Take care, Jason
Jason, most of what Alex is saying- though he or she tries to buttress his or her points with what appear to be impartial arguments and personal experience/knowledge of what is happening in the immigrant community- is either false or lacking evidence. It is clearly an individual reaction- one void of commonsense – to the anti-refugee/asylum rhetoric that the current administration feeds its base.
First of all, it is imperative that we understand that, according to 8 U.S. Code § 1158 “Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225(b) of this title”. I feel like I need to reiterate the aforementioned piece of legal information since evidently, the topic of asylum fraud usually emerges when political figures use the asylum seekers’ misery as political pawn, or the media’s version of the truth as to why these migrants are fleeing their home countries in droves is irresponsible or lacking details.The media invariably mischaracterizes these migrants as “illegals” trying to cross the border “illegally” when in reality, most of the migrants (the ones who are seeking asylum) present themselves to immigration officials for processing. We can understand, then, how misguided the general population is about the rights, which is afforded by local and international laws, of asylum seekers.
Alex, painting with a broad brush, the entire legal or pro bono community as condoning, or being complicit with, fraudulent asylum claims is completely irresponsible and has no basis in fact/reality. While lawyers are to stay clear of anything fraudulent, most lawyers and pro bono organizations, will, and should, like a criminal defense lawyer would, represent their clients well, even if, on the face of it, the case is not necessarily a straightforward asylum case. That is why there are laws, systems and procedures put in place by the government with the objective of obviating and frustrating fraudulent asylum claimers. We can’t always look at an asylum case and tell immediately if it’s fraudulent and eligible for asylum. That is why asylum claims should be taken seriously.
Furthermore, a human being who submits an application for asylum, or presents him/herself to immigration officials for asylum, because s/he believes that his/her life is at risk/his or her freedom is restricted- irrespective of his/her ineligibility for asylum- is not good a reason to mar the entire asylum system as being tainted by fraud, or to deprive genuine, eligible asylum seekers the refuge they seek.
You are not making any sense when you rhetorically asked: “if we stand behind every single immigrant claiming persecution, how can we maintain the credibility of Asylum status?” In case you are unaware of the statistics, more than half of the asylums claims are ultimately denied, and, if I am not mistaken, approximately 90% of all the asylum claims from Central America are ultimately denied. What the statistics are saying to me is that the systems, laws and procedures put in place by the government are doing exactly what they intended to do: They “winnow” asylum claims/applications so as to confer asylum status on those applicants they (the US government) feel best meet the definition of a refugee.
Alex, you must also understand that asylum/refugee laws evolve(d), that is, for example, what constitutes persecution or refugee changed over the years, and will continue to change, based on political, social and economic upheavals that transpire around the world. You should also know that asylum and refugee laws are a complex, and in some instances undefined, set of laws. Therefore, because of the complexity of the law and lack of clarity, even judges sometimes make incorrect rulings or findings.
It seems to me that this administration has a problem with black and brown immigrants, legal or illegal. Ending DACA, TPS, asylum, “train migration”, limiting the number of refugees the US admits annually, referring to countries as “shit holes” because of their economic conditions, calling for an increase in the number of immigrants from predominantly white countries to the US, reducing the number of work-related GCs, calling for an end to the asylum system, and banning a set of people from entering the country solely because of their religion, are clear examples of racial and economic bias.
That is not to say that there is no fraud in the asylum system like there is fraud in the marriage and H1B based petitions, for example; I just feel like asylum applicants are unnecessarily demonized, unfairly targeted, and used as political pawns.
Finally, we can argue, ad nauseam, the integrity of the asylum system and the resultant effect(s) of the morally repugnant practice of the current administration; one thing that is almost certain- though history seems to repeat itself- is that this cloud of darkness shall also pass.
I appreciate the comment and will add only one point – For me the bigger problem is not that the Administration opposes immigration and asylum. They can take any position they want on that subject, and they were elected to restrict immigrants, especially non-white immigrants. My main problem is that they constantly lie about who asylum seekers are and why they are fleeing. If they had an actually reason for opposing immigrants that was based in facts, they could convince people with those facts, instead of constantly peddling lies and bigotry. Take care, Jason
Jason, you have a point here
Hi Jason – the instructions for I-485 states documentation regarding J-1 or J-2 status as one evidence to submit. Is that required for asylum-based I-485 for applicants who held J-1/2? Thanks
Unfortunately, I cannot remember the regulation, but if you were granted asylum, the J visa two-year home residency requirements is waived and you can file for the green card without doing any additional waiver. This may appear in the instructions for the I-485 or maybe you can Google around a look for it, but if you have asylum, you do not need a J-visa waiver. Take care, Jason
So I sent my expedition request through the mail. , my attorney did . At the same time I called the district rep office and they told me 5 days later that they denied , does that mean they will also reject the Expedition request now through the mail ? That one include my testimony too . Should I wait and call the asylum office or just call Senator office for another inquiry ?
I do not know, but I would give them a few weeks to look at the mailed request. If you feel you cannot give them that time, you can contact them to follow up on the mailed request sooner and see what happens. Good luck, Jason
Hi jason
I would like to ask do you expedite the form I-730.your help would be much appreciated
Thank you.
We have done that by mailing in the request to the last USCIS office that sent us a letter in the case. However, other people commenting here seem to have good luck by calling USCIS (the phone number can be found at http://www.uscis.gov) and asking to expedite. I wrote about expediting an asylum case on March 30, 2017 – the same type of evidence would applying to expediting am I-730. Take care, Jason
Hi Jason,
My dad as a refugee acquired the citizenship by misrepresentation decades ago from the country of my passport.. Now the government have revoked the citizenship of all refugees who acquired by misrepresentation. I acquired my citizenship through my dad not by birth. According to the country law, children born to refugees are not entitled for citizenship by birth. I am not sure about the status of my citizenship. Do you think misrepresentation by my dad for acquiring Pakistani citizenship an adverse factor in granting asylum in my case although I did not do it on my own?
Thank you
Are you talking about US citizenship? It is very difficult to revoke, and I do not know if that would be possible if you were his derivative and you are not responsible for what he did. But If that is the case, I would talk to a lawyer to try to protect yourself. Take care, Jason
Thank you . I am not talking about us citizenship.
Hello Jason,
My spouse got approval and became an asylee for only himself ( I was not included in his case). Later, I came to the states as a visitor on B2 Visa and joined him. Then, he applied for asylee relative petition (I730) and I don’t know how long is going to take to be approved. Now, I have plan to stay here in the states but my 6 months staying after my entry will come to the end and my i730 is still pending. My questions are: Will my staying be legal here while my case i730 is still pending or I have to apply i539 (to extend my nonimmigrant status? Have you ever had a case similar to my case ? and Do you have any suggestion to me regarding to work legally while my case is pending?
Thank you so much in advance for your help.
You cannot work legally until you have asylum status (unless you find some independent way to do that, like changing to an H1b). Also, I do not know what your status is while you are waiting for the I-730. Normally, if a person files for a new status while they are in-status, they can stay in the US with the pending application. However, I am not sure that the I-730 is an application. It may be a petition, meaning it was filed by your husband for you. That said, once the I-730 is approved, you will get asylum status even if your B status has expired. This may all be a technicality, and we have had clients get their asylum status in the US based on an I-730 even once they are out of status. But I really am not sure that the I-730 counts as a pending application in the same way that an I-539 does. I don’t think it is anything to worry about, but if you are concerned, you can talk to a lawyer to research that question. Take care, Jason
Thanks for assisting us Jason. I read on the USCIS website that biometrics are valid for 15 months. I applied affirmatively in March 2018, got biometrics, interview, decision in April 2018. Does that mean when I now apply for adjustment this month, they may not call me for biometrics? (since my asylee biometrics were done 12 months in April ’18). Thanks a ton once again. Stay blessed.
Maybe not, but I have not paid close attention to this. Most (or maybe all) people seem to get a biometric appointment when they apply for a green card. Take care, Jason
Jamila, you will more than likely get a new biometrics appointment. The biometrics for adjustment of status is not the same as the bio-metrics for asylum interview or a grant of asylum. In fact, they have different codes and mean completely different things. If I am not mistaken, one of them is more thorough than the other. If, however, for example, you were applying to renew your EAD, they MAY use your old asylum biometrics if the 15 months have not yet elapsed.
I beg to differ from you @Jamie. USCIS processed my GC using my asylum biometrics. They sent me a letter saying that we will use your old biometrics and we dont need a new one for your green card BUT THANK YOU FOR YOUR $85, WE WILL KEEP THAT ANYWAY ..
Hi Jason! Thank you for always being here for us. I have asylum pending in Texas office since 2015. This February i got married to a US Citizen. Now i’m in the process of filing for marriage based green card while asylum pending. On my work permit is it an initial application since its a new category or should i just apply as renewing my work permit? Thank you
For the EAD based on the marriage (category c-9), it would be a new application, not a renewal. But you do need to indicate that you have an old EAD and include a copy, front and back. Take care, Jason
Thank you Jason
Hey Jason Good Morning
I had my Asylum interview in Houston office October 11 2018. I was told decision will be mail to you. Decision was pending, and when I was checking it was telling me “you completed interview and decision Pending.
Last Night they updated my status like this:
“Fees Were Waived
On April 17, 2019, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number Dashhhhh. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by May 17, 2019, contact the USCIS Contact Center at http://www.uscis.gov/contactcenter. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.”
I go to asylum office, they was telling me that we got decision on your case and you will get it with in 14 days by mail.
As I am Muslim from Muslim Country and this month 11th my 6 month completed.
My question is what this status update mean. And I never applied for work authorization, so why they give my status belong to work authorization.
Thank You
Please if any body else experience this, please reply me.
Congrats. It shows your case has been completed.
I do not know what that means, especially if you did not apply for a work permit. In the best case, it means that asylum was approved and they are issuing you a work permit based on category a-5 (asylum approved). The problem is that these online messages are not so reliable, so you should remain cautious. Maybe you can contact the asylum office and inquire – You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank You so much Jason. Thank you so much everyone. I got my approval notice through UPS. Today I am sleeping with having no stress. May God give you this comfort to all of you. Thanks to all mighty Allah.
Let me share my timeline:
I filed my Case May 17 2017,
And Case was Pending.
August 20 2018 I expedite my case.
After 20 days the sends me interview receipt.
Oct 11 2018 I gave my interview in Houston Office.
Interview was like 40mint total.
They told me they will mail me the decision.
I did inquiry for the decision so many times.
April 17th 2019 first they updated my online status,
And April 18 2019 Evening I received granted notice.
Thank You so much Asylum Family. Just be good with others, good will be come to you.
Congratulations and Welcome to the USA! I did a post on May 16, 2018 about what happens when asylum is granted, if you are interested. Take care, Jason
Congrats, ZK!
Congrats. It shows your case has been approved. Congrats again.
Congrats . It shows your case has been approved. Congrats again.
Congratulations dear looks like your case has been approved.
ZK
I am not Jason and I believe Jason will still come here to tell you about it, but this means that you have been approved on your asylum that is why you are getting the EAD category A5 so put your mind at rest ZK and congratulations.
Dear Jason, God richly bless you for the work you do to assist some of us out here.
After several attempts and CALLS made to expedite form I-730, I got 2 emails yesterday stating that
“your request for expedited processing was approved. You should receive a decision or notice of further action within 45 days.”
Checking the online status nothing has changed
Also the email didn’t state that they will or have forwarded to the NVC. Is it after the 45 days.
Please what next should i expect.
It should be noted that my asylum was also expedited thanks to your articles. Believe me Jason I make very good use of any article you write, and without a lawyer, God is helping me.
Million thanks Jason
God richly bless you
That is good news. Hopefully, it means they will process the I-730 within 45 days. I think there is not much more you can do except wait for the approval. Once that happens, the case should be forwarded to the NVC and then the US embassy. Good luck, Jason
Thanks a lot Jason for your help.
Remain blessed
Hi
Could you please let me know , How did you expedite your I-730 form?
Hello Asylee
I just called and asked them to expedite my form. After about 24- 48 hours they sent me an email requesting for supporting documents, which I send
“My wife’s grandfather was released from a concentration camp after he secured a U.S. visa. If not for that visa, his children, grandchildren, and great grandchildren (including my wife and children) would never have been born. Three generations of Jews exist today because some unknown consular official issued a visa, and saved a life.”
That’s really awesome!
Are you yourself from immigrant decent as must of us asylum seekers?
If so I never knew that part of your story
That’s more my wife’s story, but I knew my great grandfather who came from Poland (although at the time, Poland did not exist as an independent country). He remembered hiding during pograms when his city was attacked. He was known for his ability to drink vodka and supposedly, he was strong enough to lift up a horse – even at 97 he had big muscles. Take care, Jason
Hi Jason,
Recently, my wife tried to apply for “unrestricted” social security card but was told at the social security office that she cannot do so unless she provides a green card. Is there a new rule that prevents asylees from getting unrestricted social security card until they become permanent residents? Also, when it comes time to adjust after one year, do my wife and I have to apply together (I am the derivative) it is it ok to apply separately each.
Regards,
the approval letter and another documents are enough to get unrestricted SSN, go again and try
I think that the person was wrong. Your wife should try again and maybe talk to a supervisor. Our clients who win asylum get unrestricted SS cards. As for adjustment, you can do it at the same time or separately, but either way, you each need your own application and fee. The only issue is if you do not adjust status and your wife does, and she eventually becomes a US citizen, while you are still an asylee, that would cause you to lose your asylum status. So, you do not have to do it at the same time, but you should not wait too long, if possible. Take care, Jason
Hello Cordi,
i am sorry that you had to go through this.
According to the Social Security Administration’s (SSA) website, under the Program Operations Manual System (POMS), “Treat SSN applicants who submit evidence of asylee status as permanent resident aliens with permanent employment authorization. The Social Security Administration (SSA) issues asylees unrestricted SSN cards (cards without a legend)”. The foregoing quotation is found under the subsection/subheading C (Employment Authorization For Asylees).
Please consult the SSA’s website at https://secure.ssa.gov/poms.nsf/lnx/0110211205 for more information.
I would want to imagine that before an employee begins working at the SSA, he/she would have been given a manual or training on the list of “aliens” who are eligible for an unrestricted SSC. It is the employee’s responsibility to familiarize him/herself with the organization’s policies or practices. In addition, it is the employer’s responsibility to ensure that the employees are properly trained and have the necessary resources at their disposal so they can function optimally. It is unfair to have the applicant turned away- I really don’t care if you know the rules, genuinely don’t know the rules, anti-immigrant, or whatever the case may be- even though s/he is eligible for whatever it is s/he is seeking.
Cordi, I recommend that you cordially remind the SSA’s employee that the SSA’s manual does not agree with what he/she is telling you. If he/she insists, you may want to present the printed manual to the employee for him/her to read. If he/she refuses to accept the manual, you may ask to speak to a supervisor. You can politely remind the supervisor of the information on his/her website. If s/he insists, present the printed information to the supervisor. If the aforesaid doesn’t work, ask for the manager of the location and repeat the steps that you took with the first point of contact and the supervisor. If the manager insists, write a letter, detailing your experience(s) (try to get/remember names), to the Office of Public Inquiries and Communications Support. The address is as follows:
Social Security Administration
Office of Public Inquiries and Communications Support
1100 West High Rise
6401 Security Blvd.
Baltimore, MD 21235
You may also contact the local office using the link below (just simply enter your zip code in the space provided):
https://secure.ssa.gov/ICON/main.jsp
There is a number on the website that you can call.
Please keep us posted.
So, are comparing Nazi Germany where Jews were being literally killed with relatively free countries (Honduras, El Salvador, and Guatemala) where the situation with personal freedom is way better than in many countries of East Europe? Are you comparing racial, religious persecution and fascism with gang criminality and poverty? Are you comparing Jews with lazy losers who can’t clean up the mess in their native countries? If so that is real dishonor the memory of martyrs.
People who are facing death and fleeing are facing death and fleeing. Whether they are being murdered by a Nazi or murdered by an abusive spouse, they are just as dead, and their fear is just as legitimate. My point is not that we have to admit everyone who comes to our country seeking protection, my point is that when we pretend that such people do not face real harm and then laugh at them and mock them, we dishonor the memory of our martyrs whose deaths led – in part – to the creation of international humanitarian law. Also, to call such people “lazy losers” signals to me that you yourself have failed to make an effort to understand why these people are coming to our country and who they are. Even if ultimately you think they should not be admitted to the US, it is morally irresponsible to pretend that they are something other than what they actually are. Take care, Jason
There is a crucial difference between fleeing nazi and fleeing abusive spouse. In the first case, people didn’t choose racism and fascism. They were persecuted and killed by the government and they couldn’t do anything about it. In the second case, people themselves made wrong choices and married morons who became abusive spouses. That is their mistakes and their responsibilities. And they have platy of ways to solve their problems. For instance, they could march not towards the US border but towards their government buildings to force them to do its job. Nobody would kill or jail them for that. Jews in Nazi Germany couldn’t do that. And that is why Jews were martyrs and central American migrants are not.
Jews could have moved to Madagascar or the Dominican Republic to escape the Nazis, they didn’t have to come here. Also, they could have converted to some other religion or pretended to, and then gone into hiding. There can always be an excuse why a persecuted person could avoid harm, or why they should not come to the US. That is not what the article above is about – it is about treating asylum seekers with respect, especially for Jewish people, who have been on the receiving end of persecution for centuries. I do not know whether Central American asylum seekers can somehow escape their harm by making better choices, and I doubt you know that either. That is not the point. The point is how we decide to treat people, and about our responsibility to understand asylum seekers before we denigrate them based on false statements. Take care, Jason
Jason, I must commend you for your patience and diplomacy in dealing with some of these bigots who sometimes pop up out of nowhere. I couldn’t continue to read the garbage after I discovered that he/she/it assumes that everyone coming across the border is fleeing domestic violence and that they all have a choice. To me, Nick’s comments show an alarming level of irredeemable/abject ignorance. The comments show, unfortunately, that many people have a very limited understanding of why some of these people are fleeing their countries. Furthermore, the comments also tell me that many willfully decide to remain ignorant of the facts. Take Nick, for example.
Even if all the migrants are feeling domestic violence, what’s the difference between someone fleeing systematic violence against a particular sex and being persecuted because of their political opinion or religion?
I am not going to dignify Nick’s comments with any reasoned responses.
It is easier to respond more harshly, but that is a waste of time. My hope is to give the commentator some space and maybe this helps move the needle slightly in my direction – maybe. Take care, Jason
Asylum is for people who know who they are, who stand for and defend own identity and opinion. Central Americans is a completely different story. They may feel fear but they left countries not because of beliefs but because of their own faults, laziness, and unwillingness to take responsibility for their country. And we may call them whatever we want but they are not asylum seekers, they are not martyrs and their situation can’t be compared to the Holocaust.
I think you should learn more about such people and why they came here, and make fewer assumptions. Many Central Americans are fleeing because they refuse to cooperate with gangs and submit to the will (and terror) of the gang. They leave so they are not killed – and many have close family members who were killed, or they have been harmed themselves. Others flee because of an epidemic of domestic violence that human rights organizations have labeled “femicide” – the government utterly fails to protect women and children, and the perpetrators have impunity to rape and kill. You might as well tell me that the 1930s German Jews were too lazy to take responsibility for their government. Take care, Jason
JAMIE, you are rude, ignorant person. I’m talking to Jason, I don’t need your opinion and Jason doesn’t need your help. Get off, please.
Jason, I suppose we are starting to repeat ourselves. In my started message I mentioned gangs, later we discussed abuse spouses. I know why they are fleeing homes. And you know that Jews in Germany couldn’t resist government because otherwise they would be jailed or killed. And you definitely know that domestic violence and gangs are not the basis for asylum. It’s a law. Even the law separates these people from others that are eligible for asylum. And that was made for a certain reason. And that reason I tried to explain.
Maybe, but again I disagree. I have won asylum for people fleeing gangs and fleeing domestic violence. The law on these points is constantly changing and is simply not that clear. Perhaps the main point of my piece was lost – it is not that I think the persecution faced by Central Americans is the same or even that similar to the persecution faced by Jews in Nazi Germany. It is that we should not mock or make false statements about any group that is fleeing hard, whatever that harm may be. I think there can be a reasonable argument to reject gang-based or DV-based asylum claims. I generally do not agree with those arguments, but they can be reasonably made, based on facts and respecting the refugees involved. That is not what I am talking about above, though. I am talking about how we (and how we, as Jews) talk about other refugees. We should do so with respect, and we should fulfill our moral obligation to speak truthful and investigate the facts, and certainly we should not mock desperate people, as we were once mocked by those seeking to keep us out. Take care, Jason
Nick, I am definitely a no-nonsense person (I am known for this by my family, friends and coworkers), but an ignorant or rude person I am not. As such, I can assure you that I am neither ignorant nor narrow-minded. In fact, I would describe myself as global citizen who is very culturally aware and sensitive to cultural differences. How are you calling me ignorant and rude when you are calling an entire group of people lazy and losers because they are fleeing persecution? Further, I don’t know if there is anywhere in the law that requires asylum applicants, as a general rule, to show that they fear persecution because of their belief.
Furthermore, I consciously make it my responsibility to read widely, arm myself with the facts, and get information from credible sources before any engagement in any public or intellectual discourse. I am suggesting that you do the same (actively read so you are kept abreast) as clearly you have an extremely limited understanding of what is happening at the US border and the push factors in Central America that leave people with no choice but to leave/flee their country of origin.
Obviously there are different kinds of asylum claims and there are different degrees of persecution. You don’t have to be persecuted to get asylum. Besides, I don’t believe that Jason’s objective was to compare and contrast the asylum claims by the Central Americans, or the persecution they face, with that of the persecution the Jews face. Instead, Jason wanted to show the similarities between Hitler’s and Trump’s political strategies/rhetoric (Jews were called names, mocked, demonized, categorized, used as pawns, etc.). Both strategies were intended to marginalize/ostracize a group of people for political gain. The veracity, degree of, and reason for, the persecution, and integrity of the claims, to me, are irrelevant. However, when you juxtapose the Jews’ reaction to the POTUS’ rhetoric and what happened to Jews in the past, you cannot help but notice the obvious irony or hypocrisy.
As for me responding to you, in case you haven’t realized, you commented on a blog, the meaning of which is: “a discussion or informational website published on the World Wide Web consisting of discrete, often informal diary-style text entries (posts)”. A very simplified definition but works nonetheless. If you also didn’t realize, or take offense to someone responding to your comments, that your comments can be seen, and responded to, anyone who has access to the internet, then perhaps you shouldn’t be posting anything here. I can respond to any comments I want unless Jason decides to block me since he’s the administrator. I am also responding to you because I am a part of the asylum community, and based on your reasoning, it is evident that you’d feel the same way about my asylum claim.
I asked my district rep to ask the office for expedition , she asked me to send the documents regarding my chronic condition I have been in pain for nearly 2 years . They denied it today , Do you think It can help if I also ask senator office for help ? If not I go straight to law suit . I know Its not a good idea but I can’t wait , I need sufficient healthcare that I’m not eligible for . I’m from I ran , there is a real threat or even death upon my return facing me ,I’m a very active Christian
I am sorry to hear about your health condition. Do you mind sharing when you asked for the expedition and which asylum office is in charge of your case. Thank you
Anaheim California
Thank you for your reply. When did you apply? I applied for an expedition over a month at Newark but they did not respond to my request yet.
I would try to directly ask the asylum office to expedite – I wrote about that on March 30, 2017. That is probably more likely to work than a senator’s office. Of course, you can also try both. If nothing works, you can try the mandamus lawsuit, but that is more for people who have already been interviewed. Talk to a lawyer about that to see whether it is appropriate, and ask the lawyer if he/she has previously done a mandamus lawsuit for someone who has not yet been interviewed. It would be good to know how that worked before you try it yourself. Take care, Jason
I’m not in good health condition , how to get them to give me a interview ? Will suing them force them to give me an interview or just at least send it to court got early time ? How long takes for them to respond after filing law suit ?
I think a lawsuit is more appropriate for delay after the interview, but you can try before the interview. It usually does not take long to respond – maybe a few weeks, but talk to a lawyer who does such cases first, as it may not be an appropriate path for you. Take care, Jason
It takes for ever for asylum office to answer to expedited request , even though my lawyer sent them just same day as I request through congressman
We see very unpredictable response times. Sometimes, it takes only a few days; other times, it takes months. If they do not respond after a month or two, you can follow up. Take care, Jason
Dear mr. Jason warm greetings
I got my green card through asylum and my wife is waiting to her green card her fingerprints are already done and now she is pregnant my question is that can I apply my mother in law in my wife delivery
Thank you
Only a US-citizen can sponsor their parent for a green card, but you can invite your mother-in-law to the US to visit on a B visa (or any other visa she is eligible for). She would have to apply like everyone else, but she can explain the reason for coming (with evidence of the expected birth) and maybe that will help her chances of getting a visa. Your asylum case may make it harder to get a visa, but usually that problem is worse for spouses and children of asylees than for parents. In any event, she needs to show that she will leave the US at the end of her stay, by showing evidence of attachment to her country, such as a job, other family members, property, etc. Take care, Jason
Completely agree. And so do many LGBT discrimination and mistreatment deniers…
By the way, could some IJ/AO really be thinking of what the President said when adjudicating asylum cases ? I am very worried now…
Of course that is possible, and different IJ/AOs have different political views, but in my experience, they do their best to follow the law, and what the President says has little or no impact at the decision-maker level (though changes to case law and various policies do have an effect). Take care, Jason
Dear Jason,
Thank you for your great help by providing informations.
I have submitted my asylum application in 2015 Oct, I have not called for interview from NY asylum office
can you give me some idea when I may call for interview Please.
Thanks.
Raza.
I do not know, as I do not know how they are processing backlog cases. Maybe someone else can advise you. You can try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
God bless you for all the work you do. I put in my application for asylum since 2017 with my kids and have not been called for an interview yet. I am married and have kids. My mom is to become a citizen this year, is it possible for her to file for me once she becomes a citizen? Can it be processed without us leaving the US?
The wait time for such a petition is many years (you can check that if you Google “DOS visa bulletin”) and you would have to remain lawfully present in the US until the GC was available. Or you would have to leave the US. There are exceptions to this rule, but they are rare – talk to a lawyer about that. I wrote a piece that might help you on August 28, 2018. Take care, Jason
Very well written, Jason (and Beth).
Gracias, and nice seeing you today. Take care, Jason
Hello Jason,
Thank you for your blog and information. I have a couple of question regarding EAD card based on asylum pending case. I have asylum case pending since 2017 and I have obtained two year EAD card after six months following my application. The EAD card is going to expire in a few months. Additionally, I hold F-1 status during my application and now I am graduating my school. I have applied for new EAD card based on OPT which I assume that it will be processed by June or so.
-The question is can I start my OPT employment after finishing my school although my EAD is not issued yet at that time because I still have valid EAD based on asylum? Then can I give employment information to my school after I receive my new EAD based on OPT but I start earlier?
Thank you so much.
You can start the job based on your current EAD. How that will affect the F-1 or the OPT status, I am not sure. In practical terms, I do not know if it will make much difference unless you hope to eventually change from OPT to H1b or apply for an employment-based green card. The fact that you applied for asylum arguably makes you out of status now, since it may be considered to violate the F-1 status (because you asked to stay permanently even though you are on a temporary F-1 visa). However, as far as I have seen, USCIS is not treating F-1 student who worked as being out of status. There was a memo from September 2018 (I think) saying basically that if an F-1 student is denied asylum, she will be referred to court, even if she is otherwise in status. Again, I do not know that USCIS is implementing this. If it is a concern, you might talk to a lawyer to see if there is a definitive answer, but these days, for such issues, it is often difficult to find a reliable answer. Take care, Jason
It is very sad and embarrassing that the Jews who survived the millennial history of persecutions, exile and the Holocaust, became the lackeys of еру ignorant negligence, self-satisfied jester, racist and sexist. I remind the very telling story of French writer Romain Gary “Old-aged story”.
Hello Jason,
one of my friend applied for asylum in october 2014 in LA office and interviewd in jan 2018. he got his approval today. He is from Iran.
thanks
Four and half years is a long time to wait. At least he got good news. Congratulations, Jason
Hello Jason, thanks for all your help and support. I am a legal guardian of my mum. She lives in Iran now and she is sick. Is there any option for me to bring her here since i can not go back?
If you are an asylum seeker, you cannot petition for her. You would have to get her a visa of some kind. If you are a US citizen, you can file for her. unfortunately, with the travel ban, I think it will be very difficult to bring her here, but you might consult with a lawyer to see if you can come up with some ideas. Good luck, Jason
Very well written, Jason.
Jason, I agree that the Las Vegas event was unsavory in many respects. The Torah commands us to welcome the widow and the orphan and to remember that we, too, were strangers. The challenge is how to accomplish our obligations to be menschen with our obligations to be good citizens. We have guidance about that from our Rabbis, who instituted the dictum of dina d’malchuta dina, to follow the law of the land. Jews have been persecuted throughout our history as often found ourselves in need of asylum. We can offer our insight into this issue, but our secular laws do not provide for open borders. We must follow the law and there are broad and societal consequence for altering them.
Our resources for dealing with the hundreds of thousands coming to the border, legally and illegally, and seeking asylum are overwhelmed. This requires both Republicans and Democrats to work together to find real solutions. Neither party is doing so. Both are using immigration and asylum as a way to score points. The people who deserve asylum are suffering by being used this way, and no one should be laughing at that, especially not Jews, whose history should better inform them. But Jews who have not “jexited” the Democrat Party need to advocate for the politicians to stop using asylum applicants (and dreamers) as tools to score points, and to actually work with Republicans to solve this crisis.
I disagree that there is anything like parity between the two parties – many Republicans are blatantly xenophobic, Islamophobic (if that is a word), and they repeatedly lie (I have blogged about some of the more odious lies previously). That said, I do agree that Democrats should be working on a compromise solution and they should be working with Republicans. The point of the above piece, however, was not related to policy, it was related to respect, decency, and the moral obligation to do one’s due diligence before disparaging others. The Jewish group in Las Vegas failed miserably on all these counts, and they should be ashamed of themselves. As a fellow Jew, I am ashamed that my coreligionists would engage in such behavior, and that is why I wrote the piece. Take care, Jason