Earlier this month, the Executive Office for Immigration Review (“EOIR”)–the office that oversees our nation’s Immigration Courts–issued a Myths vs. Facts sheet, to explain that migrants are bad people and that most of them lose their asylum cases anyway.
I am always suspicious of “myths vs. facts” pronouncements, and to me, this one from EOIR seems particularly propaganda-esque (apparently the Washington Post Fact Checker thinks so too, as they gave the document two Pinocchios, meaning “significant omissions and/or exaggerations”). In terms of why EOIR created this document, one commentator has theorized that the current agency leadership is tired of answering the same questions and justifying its actions, and so they created a consolidated document that could be used whenever questions from the public or Congress come up.
This is a plausible enough explanation, but I wanted to know more. Lucky, I have a super-secret source inside EOIR itself. I met up with my source in a deserted parking garage, where he/she/it/they (I am not at liberty to say which) handed me a sealed envelope containing an additional sheet of myths and facts. These myths and facts didn’t make it into EOIR’s final draft. But now, for the first time, in an Asylumist exclusive, you can read the myths and facts that EOIR did not want you to see. Here we go:
Myth: Aliens who appear by video teleconferencing (“VTC”) equipment get just as much due process as anyone else. Maybe more.
Fact: The video camera makes aliens who appear by VTC look 20% darker than their actual skin tone (the skill level of EOIR’s make-up crew leaves something to be desired). Since dark people are viewed as less credible and more dangerous, this increases the odds of a deportation order. Another benefit of VTC is that Immigration Judges (“IJ”) can turn down the volume every time an applicant starts to cry or says something the IJ doesn’t want to hear. This also makes it easier to deny relief. Fun fact: Newer model VTC machines come with a laugh track, which makes listening to boring sob stories a lot more pleasurable.
Myth: Immigration Judges don’t mind production quotas. In fact, most IJs keep wall charts, where they post a little gold star every time they complete a case. At the end of the month, the IJ with the most stars gets an ice cream.
Fact: While some IJs relish being treated as pieceworkers in a nineteenth century garment factory, others do not. Frankly, they shouldn’t complain. EOIR recently commissioned a study, which found that a trained monkey could stamp “denied” on an asylum application just as well as a judge, and monkeys work 30% faster. Even for human judges, EOIR has determined that it really shouldn’t take more than 10 minutes to glance at an asylum case and write up a deportation order. At that rate, an IJ can deny six cases an hour, 48 cases per day, and 12,480 cases per year. Given these numbers, even IJs who insist on some modicum of due process should easily complete 700 cases per year (as required by the new production quota). And they better. Otherwise, it’s good bye homo sapien, hello pan troglodyte.
Myth: Aliens who participate in Legal Orientation Programs (“LOP”) spend an average of 30 additional days in detention, have longer case lengths, and add over $100 million in detention costs to DHS.
Fact: Knowing your rights is dangerous. It might cause you to exercise them. And people who exercise their rights are harder to deport. EOIR is working on a new LOP, which will teach aliens how to properly respond to a Notice to Appear (“Guilty, your honor!”), how to seek asylum (“I feel totally safe in my country!”), how to seek relief (“I don’t need any relief – please send me home post haste!”), and how to appeal (“Your Honor, I waive my appeal!”). EOIR estimates that aliens who follow this new ROP will help reduce detention time and save DHS millions. The new ROP will help Immigration Judges as well. It’s a lot easier to adjudicate an asylum case where the alien indicates that she is not afraid to return home. And faster adjudications means IJs can more easily meet their production quotas – so it’s a win-win!
Myth: EOIR Director James McHenry got his job based on merit. He has significant prior management experience, and he is well-qualified to lead an agency with almost 3,000 employees and a half-billion dollar budget.
Fact: James McHenry’s main supervisory experience prior to becoming EOIR Director comes from an 11th-grade gig stage-managing “The Tempest,” by William Shakespeare. In a prescient review, his school paper called the show “a triumph of the Will.” More recently, Mr. McHenry served as an attorney for DHS/ICE in Atlanta, and for a few months, as an Administrative Law Judge for the Office of the Chief Administrative Hearing Officer. In those positions, he gained valuable management experience by supervising a shared secretary and a couple of interns. When asked for a comment about her boss’s management skills, Mr. McHenry’s former intern smiled politely, and slowly backed out of the room.
Myth: In the EOIR Myths vs. Facts, the myths are myths and the facts are facts. That’s because the Trump Administration is always honest and credible when it comes to immigration.
Fact: [Sounds of screeching metal and explosions]. Uh oh, I think we just broke the myths and facts machine…
So perhaps all is not as it seems. Sometimes, myths and facts get mixed up, especially in the Trump Administration, which has redacted human rights reports to show that countries are safe, buried other reports that don’t say what they like, and claimed that asylum lawyers are making up cases to get their clients across the border. It’s all in the grand tradition of the merchants of doubt, men and women who know better, but who obfuscate the truth–about tobacco, global warming, vaccines, whatever–to achieve a political goal (or make a buck). Why shouldn’t EOIR join in the fun? But to return to our friend William Shakespeare, I have little doubt that, eventually, the truth will out. The question is, how much damage will we do to migrants and to ourselves in the meantime?
Hi Jason,
I have a pending asylum case for almost two years. Now I am thinking about going to school here. Do I need to gain F1 visa (and I-20 document) while the asylum case is pending?
Thanks
Talk to the school, but most will allow you to attend with the asylum-based work permit. Though you will have to pay out-of-state tuition in most cases. Take care, Jason
Hello MrJason
I have case pending with immigration court , so can I apply a travel document to see my wife and my kids in the third country? Thanks
Unfortunately, if you leave the US, you may be considered deported and will be unable to return. I have seen people travel and return while in court (including some clients – who of course do not tell me until they’ve returned), and so it is possible. However, there is no question that if you leave, you do take a risk of not coming back. In theory, you can get permission from DHS, but I have not heard about them actually granting such permission. Maybe talk to a lawyer about this possibility if you really need to travel. Another option may be to try to expedite the court case – I wrote about that on April 20, 2017. Take care, Jason
Dear Mr Jason,
Thanks for all you do.We appreciate your services.
Please I have a quick question.I applied for Affirmative Asylum and I have already gone for biometrics.Am I allowed to drive in the US With a valid driver’s license from my. Home country?I already have the receipt of my I 589. Which authorizes me to stay here till my asylum case is heard.
Thanks so much
Sorry, I do not know the rules for that. Maybe the state DMV website would have info about that. I think if you are in status (meaning your I-94 has not expired), you can drive with a foreign or international license, but I am not sure. You might also check the AAA website (American Automobile Association), as they may have info about that as well. Take care, Jason
Hi Jason,
I applied for asylum in 2016 and they only sent me the biometrics notice. They did not send me the receipt notice. I was at the time on a valid student status so I used my I-20 to get my state ID. I finished school just recently and I wanted to use my asylum status to renew my state ID. Can I do that just using the biometrics notice I got from USCIS? If not can I ask USCIS to send me the receipt notice?
Thank you!
You can try – maybe they will accept the biometrics notice (it has all the needed info on it). If not, you can contact the local office and try to get a receipt. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
I applied for Asylum and my wife and son are derivatives.We received notices for biometrics and it was my fault that I didn’t read all the letters.I read just mine and my Son’s.This evening we just discovered that my wife’s biometrics date was today.She is one day late.Please what do you think we should do?
This is usually not a problem. Just go to the appointment as soon as you can and they should take her biometrics. Take care, Jason
Hello Jason,
Thanks you for all the info you gave us.
My asylum was granted by Immigration Judge last week. I know before there was an InfoPass appointment to get I94. How is it now? Do DHS or USCIS mail my I94 to my address or I still need to come to their office, since infopass appoinments are not a thing anymore. I was trying to get an answer online but all the information is 2-3 years old. Can you clarify there process?
Thanks in advance
Congratulation, could you please tell more about your court hearing and how much you were waiting for merits day? And how long dose it take? And did judge just ask you or your lawyer?
After my affirmative interview was denied in 2014, i was waiting all this time for the court, where my master hearing was rescheduled by the court around 7 or 8 times. And then my individual hearing was rescheduled one more time, so finally now it is settled. At the court your lawyer asks you first, then the government attorney asks questions, then the Judge. I did not use the translator so it was around 1.5 hours. If it would be with the translator it would be way longer.
You still need an Info Pass (which is super annoying). You can Google “post order instructions in immigration court” for some guidance, but you will have to call USCIS (the number can be found at http://www.uscis.gov) to get an Info Pass. It is a huge pain, but at least it is the last step – Congratulations on the case! Jason
Hello, i got referral to the court, my attorney said hearing take about three years oh my god i can not wait three more years.
A new President will hopefully be in place. I think it’s safer to wait.
Are you sure my friend?!
I mean that’s my opinion. I’d rather wait in this climate atmosphere.
😂😂 Thanks for giving me a reason to laugh
It depends on the judge. I have seen cases take from a few months to several years (and on rare occasions, longer). If the case is moving slow, you might try to expedite – I wrote about that on April 20, 2017. Take care, Jason
Dear Jason,
Thanks for all you do for humanity.Please I have the following worries before my Asylum interview.
*I am from a war torn country in Africa.I am very much critical of the regime of our president who is a dictator.I usually do this online especially on twitter.My question is,do you think this will negatively affect my security and background checks?Should I stop my activism?
*My wife had a baby in the USA.She did not pay the bills and consequently my name was not included in the child’s birth certificate.Wil this affect our asylum case please?
*I am thinking of rescheduling my interview to better prepare.please do you think this is a wise decision?
*I have a copy of a Newspaper which has an article concerning my arrest in my home country.The paper was written 7 months ago.They are not online.Is it worth the pains presenting the newspaper as evidence?how will the Asylum officer verify the information on the Newspapar?
Thanks again for your time
1 – No, I do not think this would affect the background checks, and I do think it is important evidence in support of your asylum case. 2 – It may be viewed as a negative factor. I would try to sort that out, and if it is your baby, it is best to have your name on the birth certificate. If you cannot sort it out, you should be prepared to explain about this if asked. 3 – You can do that if you need more time. If you are not ready, it is better to have more time than to risk losing the case. 4 – Yes, this sounds like important evidence. You should bring the original newspaper as well as submit a copy to the asylum office (with translation if needed). They can probably verify if the newspaper is true by checking their own sources. Take care, Jason
Hi.i Granted Asylum by IJ on June 2,2018. 1. Can i apply for my i485 GC on June 3,2019? 2. I am jobless now and want to fill fees waver form i912 and submit with form i485. But if i got job after some days or some weeks after Mailing my form, will it effect my case or fee waver?
Hi Jason
My case is with EOIR after referred by Asylum office back in May 2018. The Clock on website says 603 days with USCIS and clock on EOIR 1 800 898 7180 says 524 days and Both of Asylum Clocks are NOT moving forward. Why ?? Is my Asylum clock stopped by IJ for any reason ?? I never missed any court date. BUT during my First MH date I informed IJ to give us time to file I-130 petition and He agreed and later on We filed I 130 to USCIS and received acknowledgment too. Could it be this reason the clock is not moving ?? I am worrying because I got to renew my EAD in few days time. And if clock is really stopped suppose, Am I eligible to renew EAD again ??
Your valuable comments would be appreciated.
That may be the reason the clock is stopped, but it is not relevant. If the clock has passed 180 days, you can renew the EAD whether the clock is moving or not. So there are no worries. Take care, Jason
1 – Yes, after one complete year, assuming you meet the physical presence and other requirements. 2 – I do not think that is an issue. If you file the fee waiver and then get a job, I do not think there is any effect, as long as everything you tell them is truthful. Take care, Jason
i applied for a job.may be i get it soon.it is 16 hours a week and total salary may be $9600 per year. can i apply for fee waver i912 on behalf of that low income for i485 fees?
Probably, but you have to check the instructions on the form I-912 to see all the requirements. Take care, Jason
Hello Asylum Community.
Thanks for the great content and useful information that can be gathered from this resource. I have a timing related question. I’ve applied for Asylum in late Dec 2015 in Miami Office. Does anyone know current wait time? How is LIFO processing in that office and if they interview any backlog cases and when should I theoretically expect to be interviewed?
Thanks in Advance.
Hello Asylum Community.
Thanks for the great content and useful information that can be gathered from this resource. I have a timing related question. I’ve applied for Asylum in late Dec 2015 in Miami Office. Does anyone know current wait time? How is LIFO processing in that office and if they interview any backlog cases and when should I theoretically expect to be interviewed?
Thanks in Advance.
ZMI waiting for interview since June 2015. Requested short notice in Aug 2018, still nothing.
Thanks
Maybe someone can answer more specifically, but in general, Miami is the busiest office in the US, and I doubt they are doing many backlog cases. You contact them to try to expedite your case. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason .thank you again for all.please Jason would like to know if having US citizen children can help you on your asylum decision .like have a positive influence when the officer want to decide on the result.thank you
Unless there is some specific reason that it matters (maybe your country persecutes US citizens, or the children will face FGM (female circumcision)), then it would have no real effect. That said, it may make the case more sympathetic. This does not help you in terms of the law, but it may help you in terms of the human being who has to make a decision about the case. Take care, Jason
Thank you Jason, yes it make sense.
Hello Jason. What does that mean, if you receive a mail from immigration that we approve your work authorizations and form i-485 adjustment of status form. You will receive a separate approval notice on your Form i-485.. I’m on pending asylum decision. Your response is highly appreciated thanks.
I am not sure – the I-485 is an application for a green card, and can only be done if you’ve won asylum, or if you have another path to a GC. Normally, if you get a letter that the I-485 or EAD is approved, it will be followed by the green card or the EAD in the mail. Take care, Jason
Bro, would you please clear your situation out to us? Did you have the asylum interview and just waiting for the decision? Did you have another GC path like marriage from a US citizen or won diversity lottery? Have you ever filed form I-485 adjustment of status? We would appreciate your response my dear.
I have a pending case with asylum office. I need to change my address due to the moving to another state. At the same time, it is time to renew my ead. Can I do both at the same time with my new address? Do you see any conflict?
You have to file your change of address, form AR-11, available at http://www.uscis.gov, for the asylum office case. When you send in the renewal, I-765, you can use the new address for that too – it should be no problem. Take care, Jason
Thank you very much for the response. Once I file AR-11, should I wait for notification mail to be delivered to home before applying to ead renewal?
You can fill the AR-11 online and get instant notification, so there is no wait time. Take care, Jason
Hi, Jason.
Thanks so much for your work.
I have a question. I recently applied for advance parole via I-131. My ground is that I need to undergo gender confirmation surgery in Thailand. Do you think immigration official will consider it a humanitarian reason and grant it ? I feel many of them, who are mostly heterosexual, and almost definitely cisgender, won’t be able to understand the medical necessity of the surgery, even if I attached documents from my health care providers, not to mention many of them don’t like people who are trans from the beginning. May I ask have you handled transgender cases like this before ?
Any feedback is welcome.
Thanks !
My experience with USCIS is not quite so negative – I think they may recognize this as a humanitarian reason. It clearly is, given your medical documentation. Our office does a fair number of transgender cases, though my law partner does most of them. I have not done an I-131 for this reason, and I don’t know that he has either. Please let us know the result of the I-131. Thank you, Jason
I sure will. Thanks for your sharing. Usually, I just find it safer to assume the worst of immigration officials…
That is understandable, but my experience has been more positive than that – most of them just try to do their jobs within the boundaries of the law. We’ll hope for the best in your case. Take care, Jason
Hi Jason,
Thank you very much for everything you doing for us, I have a question my wife has a pending asylum but she’s not doing well, very sick and she have to undergo a surgery she need some one for help, it will be possible for me to get a Visa if I apply as a partner….
Kind regards
Without knowing about your case, I do not know. In any case, I don’t do a lot with visa, but you can find attorneys who assist with such visas, or with “humanitarian parole” if the visa does not work. The short answer is that you can try to get a US visa, but how difficult that will be depends on the circumstances of the case. Take care, Jason
Hi All,
I have applied for asylum on April 2016. Still have not been interviewed at Arlington office.
Could you share your timeline?
Thanks
It’s likely you won’t be invited for interview for a LONG time…unfortunately…
Hello Crown, I applied in Arlinton in Oct 2014, interviewed in Feb 2018, still waiting for the decision.
Hi Jason,
Thank you so much in advance!
I have some questions.
I have asylum case pending. I also want to have my mom sponsor me for GC. She is PR.
Do you think I can have 2 cases at the same time?
And if I get denied asylum, will i be able to stay in US and do AOS without leaving?
Thanks
You can have two cases like this pending at the same time, though your mother’s case will take years and probably require you to leave the US to get a GC, which may or may not be possible. I wrote about this on August 28, 2018 – that may help. Take care, Jason
Hello, i need your help
yesterday my case status was changed to Decision was mailed and today when i checked my status, my day and also my clock are counting and running, what that means?
Asyle74,
I learned from friends that if a decision is made and your clock stops it means your case was approved. am not sure what you can conclude when the clock is still running. Maybe Jason has an idea. Please let us know the final decision.
Do you mind sharing your timeline? and which asylum office did you have your interview?
thanks for your reply, i have a friend who has same situation but his days were stopped and his clock was running he got approval but i do not know about mine.
i field on October 2016
Interview August 2018
status changed May 17th 2019
in Seatlle WA
Hello Asyle74! Did you expedite the decision? or contacted the asylum office this whole time? like from August 2018 to May 2019? What was your online case status? did it change to “My decision is pending” right after the interview? or did it stay “My interview is scheduled” this whole time. Please reply. Thank you. C
Some people theorize that if the system indicates that a decision was mailed, and if the clock is stopped, that means asylum is granted. If the clock is still going, it means that the case was referred to court. I do not know if this really works this way, but it may. You will have to wait and see when you get the decision – hopefully, it will be granted. If not, you can present the asylum claim again in court, where it is often easier to win in court than at the asylum office – Good luck, Jason
Thank you so mich, this morning when i check the Day is stopped did not count m, let see, again thanks
Please let us know the outcome when you get the mail. You will help some of us.
Thanks
Sure, i will
This really is not a reliable way to determine the result of the decision. It may work; it may not. The only real way to know is to get the actual decision in the mail. Take care, Jason
Hello, i got referral to the court, my attorney said hearing take about three years oh my god i can not wait three more years.
It depends on the judge. I have seen cases take from a few months to several years (and on rare occasions, longer). If the case is moving slow, you might try to expedite – I wrote about that on April 20, 2017. Take care, Jason
Hi,
I have a pending case and waiting for asylum office interview. My first EAD will expire by October 1,2019. In order to not having any gap when renewing it, when should I apply to renew it? What is the best approach would it be? In case of gap, I will lose my current job.
Regards
The earliest you can file to renew is 180 days before the EAD expires. If you file any earlier, USCIS will reject it. Once you file and get the receipt (which takes maybe 3 or 4 weeks), your old EAD will automatically be extended for 180 days. If you do it that way, you should be fine and it is very unlikely you will have any gap. Take care, Jason
Dear Jason. Thanks a million for your support you give us by this blog. I have a question please!
I and my 8 year old son are dependents to my wife’s pending asylum application. My son’s passport renewal is due soon. Can I apply to renew it by mail to our country’s embassy in DC? Will that hurt our case in the interview? I want to renew his passport just in case we got asylum denial so we can travel to a third country for work or asylum! Could that be a good reason to say if the ij asked why we renewed the passport?
Thanks Sir
Many of my clients have done this with no problem, but if your wife is fearful of return because the government wants to harm her, it may be difficult to explain why the same government is willing to issue her son a passport. If she fears a terrorist group, as oppose to the government, then it should not be a problem. Also, you should know that it usually takes a few years after the asylum office denies a case for a person to be deported, and so if that is the only reason you need his passport, you can always apply for it later. Take care, Jason
Hi Jason . I wanted to throw the idea that maybe you should start a Campaign or collecting signatures , advocating for a change in asylum and hopefully they decide to hire more people to do the interviews You have the platform with thousands of people reading your articles .pretty sure Most of Applicants here will donate and volunteer For the sake of our future .
. People like me are truly hurting And losing hope in life . We deserve to get a Chance To present our cases , but it’s just not gonna happen . I’m an asylee from Iran my self, I pay my bill my credit card my car loan and tax just like every other American , so does every other Asylee . I believe we have the right to be represented and not be treated so poorly . I think you have a good shot at start something that help all of us and we all help you to accomplish that . A grass root movement .
This country allows us to live here, to work and to use all the benefits of a free society and the most powerful economy in the world. And you say that we are treated so poorly? The USA doesn’t owe us anything. They let us in and we have to be thankful for that because we don’t have to live in danger of our native countries anymore.
I don’t like to stay in limbo too, but definitely, American taxpayers don’t have to pay for solving our problems.
I don’t know About you but I do pay taxes , and I’m more open to be rejected by USCIS today than stay in this limbo any Longer .I have a strong case and I’m not worried about the legitimacy of that . I was on my visa and I Applied for Asylum and gave up my visa . I would have never done that if I knew this is the Situation . I love this country And im thankful for this opportunity by is it worth waiting years just to get an interview ? No . I would have gone to another country , but I have settled here for years and no Other country would accept me now .
I don’t agree with this – We as a country have taken on the responsibility of asylum (by signing a treaty and passing laws that offer asylum), and so we have an obligation to do that in a reasonable way. We could reject the responsibility or modify it, by changing the law, but unless and until we do that, we have a responsibility to do what we committed to do. There is a basic adage in American law that if you see someone in distress, you are not obligated to assist. But once you undertake the effort to assist, you must do that in a competent (non-negligent) manner. This is analogous to our passing the asylum law. Now that we have done it, we have certain obligations to follow the law. This to me is the basic problem with the Trump Administration – they don’t like asylum, and so they are trying to harm asylum seekers and “the system”, but they have never bothered to change the law, which is necessary if they want to legally modify our country’s asylum system. Take care, Jason
If anything I learned so far is that unfortunately congress is not that inclined to fix things unless there is a black lash or committed organizations that are the voice for that particular disfranchised group . Examples are . Women and minorities voting right , gay marriage
would have gotten no where without the support of those groups and many of them still underrepresented despite that support let alone if you are foreign national .
We have been thinking about ideas about how we can do some advocacy for asylum seekers. I don’t really know what is the best idea, but some type of campaign like that is one possibility. While I could contribute to that, it would be led by much larger organizations than little-old me, such as AILA or maybe some of the existing policy or advocacy organizations. I am not sure how effective it would be given Administration hostility and Congressional gridlock, but I do think if people could think and act based on rational policy considerations (as opposed to craven political calculations), we could make some positive changes that would be acceptable to all major players. Anyway, it is something I having been thinking about, and so we’ll see. Take care, Jason
Thank you for the response . I’m looking forward to that , you certainly have the platform. Who knows you could be president one day !
My problem and thousands of other Asylees is the backlog that is ruining their lives , which is a never ending state of anxiety . No one talks about it in the news or media . It has harmed our lives far greater than what trump administration has done thus far . Or if he has done anything regarding the immigration it has not impacted my life personally yet .
I agree that the wait can be very harmful, and I also agree that this is not an issue that gets much attention. It should. We have committed to asylum for people, and thus we should fulfill our commitment. As they say (in a g-rated version), “Poop, or get off the pot.” Take care, Jason
Hi Kareem
Can you share your timeline with us?
Can you please let us know if your willing to send an email to me or call.
I would like to speak to you.
Thanks Zara
Hi. i granted Asylum by IJ 10 months ago.i have C8 work permit and it will expire in November 2019. i applied now for my A5 work permit and received receipt too. My Questios are: 1. After 10 months apply will not effect my application? 2. in How much time i will get A5 work permit? ( i am going to apply for GC next month when my one year time will complete.)
Hi Jason,
Reading the note is some how scary, but I don’t lose hope ! The coming July I will have individual hearing at Baltimore court, what is it like the chance of approval or grant ? What maximum preparation should I take ahead? Any advice and comment?
Thanks
Most judges in Baltimore are good, but you need to prepare your case, including all evidence and make sure your biomtrics were done. Hopefully, you have a lawyer that is helping you. Good luck, Jason
Thanks Jason, do I need to take a biometric again? I did once when applying for EAD. My case was affirmative referred from USCIS for removal proceedings this past February. I do have lawyer who has been with me since then.
Thanks,
Usually when a case is referred to court from the asylum office, you do not need to do biometrics again, unless maybe you are applying for some other type of relief besides asylum (such as Cancellation of Removal, for example). Take care, Jason
Hi Kareem
Can you share your timeline with us?
Can you please let us know if your willing to send an email to me or call.
I would like to speak to you.
Thanks Zara
1 – I do not understand this question, sorry. 2 – I am not sure – we were seeing such cases take 3 to 5 months, but that may be wrong, especially in light of recent changes which make the initial EAD faster (at least the initial c8 EAD, I am not sure whether that applies to the a5 EAD). The GC application seems to take about 14 months. Take care, Jason
Hello Jason,
Thank you for your great blog !! This is really a helpful forum.
I am thinking to invite my parents as I could not travel to see them due to my pending case. So I would like to have your suggestion on this matter.
1. Can I write an invitation letter to my parents?
2. If yes, what should I mention in my invitation letter as my immigration status as an inviter?
3. Can I attach my EAD to show my legal presence here as a supporting document?
Thank you
1 – Yes. 2 – If it is asylum pending, you could say that. 3 – Yes. I do not know how much this letter will help, but you can try. More important, your parents would need to explain and convince the embassy that they will not violate their visa if they come to the US (for example, by seeking asylum themselves). They can show attachment to the home country, and show that they have no fear of return, and hopefully, they will be able to get a visa. If that does not work, you could try for Advance Parole and meet them in a third country – I wrote about that on September 11, 2017. Take care, Jason
“The question is, how much damage will we do to migrants and to ourselves in the meantime? ”
Very well said. I, personally, had too much damage out of throwing my case into the limbo. It is a blessing seeing Americans who feel others to that limit, Jason. Thank you very much. People like you are the only source of hope to the remnant of our (pending asylees) entity. I totally agree that the damage is mutual to both asylees and Americans.
I do believe that the probability percentage of an American to die because of a bad immigrant is way lower than the percentage to die because of a car accident, global warming, tobacco, or vaccine shortage.
I also think the risk from immigrants is low, but I also do not think people who oppose immigrants are really concerned about facts; this is more of an emotional issue, and facts are secondary. Take care, Jason
HI Jason
Thanks for your assistance
After my interview in December 2018, I got another EAD in March with A05 specification, I had to check my case online and noticed that a decision was reached on my case before they ordered the new EAD and send to me but I didn’t get the decision notice.
Now I want to file i730 for my spouse who is in a third country, do I send a copy of EAD as proof of my Asylee status since I didn’t get the decision yet?
Thanks
Hi Asylee,
can I ask which asylum office you had your interview in December? I also had an interview in December in Chicago but no reply yet.
i was asked to come to Salt Lake City Utah for the interview.
where you file your case？ this is my first time to hear there is an asylum office
in salt lake
city in uta
I think you will need a copy of the decision. Contact the asylum office to see if they can help you. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason ,
I have to renew my work permit . I just don’t know which documents should I send it with I-765. Do I have to mail the I-589 receipt?
Thank you.
For an EAD for an asylum pending case, you have to check the I-765 instructions for everything you need, but one thing to include is a copy of the I-589 receipt and also the biometric notice (send copies, not originals). Take care, Jason
Hello!
Has anyone filed documents in August 2015?
Tired of waiting for a call for an interview.
I live in New York.
Thank you.
Yes me too – the USCIS DONT work on our files at all – wish you patience bro
I filled on June 2015 from Los Angeles office and still have been waiting.
The only real option is to try to expedite – I wrote about that on March 30, 2017. Take care, Jason
I filed in August 2015 in the Miami Office, Moved to Atlanta in 2017 and interviewed in March 2019. I know some people who filed in Miami in a similar time and they are still waiting for the interview.
Hi Dear jason
I have a general question- considering the LIFO system. I know more then 700000 are pending cases.
What is gonna happen with those backlog case! There has to be something and someone should advocate for these people who have been waiting since 2016-2015.
What is your educated guess. As i personally went to asylum office my self they said we dont schedule on any applications whoses been filed before August 2018???? Is that true
I really appreciate if you can explain abit clearly.
Thank you
My suspect is that, our cases won’t be touched when current administration is in session…Let’s hope Trump won’t be reelected.
There are about 325,000 cases in the backlog (and maybe that is 700,000 people since there are often dependents in cases). The backlog shrunk modestly in late 2018, but grew in the first quarter of 2019 (the latest data we have), and at the rate we are going, they will never get to the backlog cases unless something changes. There has been talk of using USCIS officer to do asylum cases. Also, there is currently a pilot program to train 10 Border Agents to do credible fear interviews. That will free up asylum officers to do affirmative cases. If the program works out, it will be expanded to more Agents. We shall see. Otherwise, there really needs to be changes in the law, or we somehow need to fix the countries that are sending us a lot of asylum seekers (Central America). Given our past efforts to “fix” other countries, I am not sure that is a great option. I really do not know how this will be resolved. Maybe using USCIS officers will work, or eliminating the asylum offices and just sending everyone to court? At the rate we are moving, I do not see a resolution soon, but we really need one. Take care, Jason
Another thing is there is a long waiting decision list, i did my interview on August 2018 after waiting about 3 years for interview have to wait again for my decision, i do not understand how their system is working?! , also i have friend who is waiting almost 2 years for his decision, it is really frustrating.
i have the same situation here i’m waiting almost 10 months after the interview in chicago asylum office but still no change
That is a common problem, especially for men (and some women) from Muslim countries. You can contact the asylum office to inquire, and if all else fails, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Or just grant DASAS( Delayed Asylum Seeker Automatic Stay) to anyone who has been waiting for 3 years and over. Just Hallucinating.At least I came up with a fancy acronym.
DASAS for All!
Yes but my question is any people or organizations or from government advocates for us ! For people who have been waiting for then 4 years
Many people are advocating for asylum seekers, but the focus is largely for people at the border because that is the biggest problem (and if that could be improved, it would help all people who are waiting). There are really only two types of advocacy concerning asylum seekers – with the Administration, which is hostile and not responsive, and with Congress, which is too gridlocked to do much. Hope springs eternal, of course, and so we hope maybe Congress can put together something that will pass. There are a number of asylum and/or immigration proposals floating around, and so potentially those could be turned into something that can pass Congress and make an improvement. We shall see. Take care, Jason
Hi mr.jason warm greetings
I have green card through asylum and now I wanna apply for refugees travel document.could you please tell me how much is the fee and how long does it take to come. Do I have to do biometric or not.
Highly appreciate mr. Jason
Thank you
You have to check the instructions for the form I-131, refugee travel document (available at http://www.uscis.gov), for the fee. Unfortunately, the time is not so predictable, and such applications are often taking 4 to 6 months. Take care, Jason
Could you please share your time waiting for green card ? thank you
Hi Jason,
I filled my asylum case I-589 and the supportive documents last month, they rejected it, due to payment fee issue. They have requested me to fix the issue and resubmit the documents.
My question is, if I can use the same forms and supportive documents or I have to resubmit new forms with new dates and everything.since on these forms they have printed some sort of a number at the bottom of the page.
Thanks
Dear Ali,
I am waiting for interview since June, 2016 and I have no clue about payment you are writing? Would you please elaborate so that we could learn?
Thank you and good luck dear brother
There is no payment for an asylum case, so I think the person mis-spoke (or mis-typed). Take care, Jason
There is no fee required for an I-589, so check carefully to see why they rejected it, so you can correct the error. Assuming the form is an up-to-date version and you correct any errors that led to a denial, you should be able to resubmit the same packet of documents. Take care, Jason
Dear Jason,
I have an upcoming asylum interview.My wife and 4 Year old kid are derivatives.Please will I be interviewed in the presence of my wife and Child?Please what is the preferred dress code for an asylum interview?Can I add a document or add another fact which was not on my affidavit?
Good luck with your interview ! On my interview I had a a long sleeve shirt, a kaki pant and a dress shoes ! I looked like a college student hahaha !
Dear AKA,Thanks so much.I am grateful.Please can I have your email so we can share experiences please?
Thanks
You normally would not be interviewed in the presence of your family. I wrote about the interview on September 8, 2016 – maybe that would help. Dress respectfully. You can add documents, though some asylum offices have rules about that. For example, Arlington requires all documents at least one week before the interview (though sometimes they will accept documents at the interview anyway). Be aware that if you are adding a new fact, they likely will ask you why you did not include that before, and you should be ready to explain. This could affect whether you are deemed credible, so be careful about that. Take care, Jason
Sofa