You Can’t Go Home Again (Thanks to the Tsarnaev Brothers)

As the Senate inches forward on immigration reform, the bombing in Boston looms large. In a recent amendment, Senators agreed that asylum seekers will automatically lose their status if they return to their home country. According to the Washington Post:

Senators unanimously approved an amendment by Sen. Lindsey O. Graham (R-S.C.) that would terminate the asylum or refugee status of anyone who returns to his or her home country. Graham introduced the amendment after investigators discovered that Boston bombings suspect Tamerlan Tsarnaev had traveled last year to Russia and Dagestan after his family sought and was granted asylum from Dagestan in 2002.

The Tsarnaev's also liked Justin Bieber. Therefore, under the new Senate bill, all immigrant Beliebers will be deported.
The Tsarnaev’s also liked Justin Bieber. Therefore, under the new Senate bill, all immigrant Beliebers will be deported.

I am sure, dear reader, that you will not be surprised to learn that I oppose this amendment. I oppose it because it is redundant, impractical, harmful to many innocent asylum seekers, and unlikely to accomplish its purported goal. Let’s take each objection in turn:

First, under the current law, if an asylee (or a lawful permanent resident who obtained his status based on asylum) returns to the country of feared persecution, he can lose his immigration status. The law as it exists now allows for some flexibility, and there is a procedure for terminating the alien’s asylum status. Given that an alien who returns to his home country will likely lose his asylum status, the Senate amendment seems redundant.

Second, the amendment is, at best, impractical. How will we know whether an alien has returned to her home country? Refugees are currently able to travel abroad using a Refugee Travel Document, which is similar to a passport. Let’s say a refugee wants to visit her home country. She can go to a neighboring country using the Refugee Travel Document, and then enter her home country with her passport. Or–better yet from her point of view–she can enter her home country without inspection (i.e., illegally). In either case, it is unlikely that the U.S. government would ever learn about the trip home.

And what about the scenario where a legitimate refugee travels abroad for a legitimate reason. He does not go to his home country, but his government lies and reports that he traveled home (the Russian government reported–truthfully–that Tamerlan Tsarnaev traveled to Dagestan). Perhaps the home government wants to harm the refugee, who the government views as a political opponent. Reports from unfriendly governments are potentially untrustworthy, so how can we rely on them?

Third, many innocent asylees have legitimate reasons to travel home: To help a sick relative, to engage in political or journalistic activities, to take care of property. Also, some people can travel home for a short trip and remain under the radar for their brief time in the home country. Just because a person is willing to take a risk and return home does not necessarily mean that she does not have a well-founded fear of persecution.

Finally, it’s hard for me to believe that this amendment would do anything to make us safer. Given how hard it is to determine whether an asylee traveled to his home country, and given the many legitimate reasons for such a journey, it seems very doubtful that the amendment will do anything to stop the next Tsarnaev-brothers type attack.

It seems to me that this amendment is an example of the Senate fighting the last war, and not fighting it very well. There are better ways to search for terrorists and extremists within the asylum seeker ranks. But I will leave that discussion for a future post.

Related Post

218 comments

  1. Dear Jason,

    I am an asylee with green card. My work might require me to travel back to the country I was persecuted. Should I say NO? Or is this an acceptable reason? Many thanks for your time and help.

    Diana

    Reply
    • If you return, you could lose your green card. If you decide to go anyway, I recommend you talk to a lawyer BEFORE you go in order to minimize the chance of a problem.

      Reply
  2. Hi Jason, your article and comments are very helpful. I have a case that I want to ask you about. I am a resident who was granted by asylum, however, I lost my green card last year, so I submitted the form I-90 for getting the green card, but I haven’t received it. I got a I-551 stamp on my homecoutry passport which is a temporary residency stamp. I am planning to travel abroad in April for three months, so I’m wondering that can I go to other countries just using the stamp? Do I have to have the travel document in order to travel abroad? Thanks.

    Reply
    • It would be better for you to get a Refugee Travel Document (using form I-131). The problem is that even if you file it now, you might not get it before April. For asylees and LPRs who got their green card from asylum, it is safer to travel using the Refugee Travel Document.

      Reply
  3. I have an asyulm case pending .i applied for asyulm in April ,2013 and I when to my master hearing January, 2014. the judge scheduled my individual hearing in August, 2014 before the date in August the court cancel the hearing . Please advice me on this . I’m confused about the court issue and I’m very depressed i have no family here.

    Reply
    • It is pretty common for court dates to change. I sometimes file motions for my clients requesting that the judge expedite the case. Maybe you could try that. Good luck, Jason

      Reply
      • thanks you

        Reply
  4. I applied for my spous and I field the I-130 form
    And then I had informed that my case was ready transferred to the uscis local office .
    My question is
    I would like to know if there is any possibility to do my interview in another country rathe than my home country . I am Yemeni citizen but I don’t like to do my interview in us embassy in yemen , but in other Arabic country .
    Thank you

    Reply
    • It’s out of my area of expertise. You need to talk to a lawyer who does consular processing.

      Reply
  5. I have an asyulm case pending .i applied for asyulm in July ,2013 and I was interviewed in June ,2014 almost after one year , then after interview I didn’t receive the decision, I waited for six months and then I sent letter for asyulm office asked them to issue decison in my case or to tell me if they need any supported documents So after almost a week uscis sent me a notice asked me to take a fingerprint which I ready taken before ,
    My question is
    Why they asked me to take second fingerprint ?
    Do you think they may give me approval .
    Thank you

    Reply
    • For our clients, sometimes they receive a fingerprint notice and it means a decision is coming; other times, no decision comes (at least not yet). Hopefully you will get a positive decision soon.

      Reply
  6. Hello Jason,
    It has been really helpful in reading this blog and how you helped people out with alot of confusion.
    Jason,
    I have visited the United States once around 2 years back on a B2 visit visa. I entered and left the US with my family kids in 2 months.

    I have come now to the US, and have entered through my B2 visit on passport. seek to apply asylum now with my wife and kids because of constant deteriorating situation in my country and belong to a minority which is at constant threat.
    will my previous visit to the US affect because they say that you can file an Asylum after one year of arrival. now that i entered US 2 years back on a visit and left USA after two months. Now have again entered USA (about 1 week ago) can I apply for Asylum.

    2. If i get my EAD, will that be helpful in filing for Driving license. Will it be helpful in getting an SSN because i cannot rent a house or rent a car for this matter.
    I am in a terrible state of confusion and funding myself from my home country.

    please if u can answer 3rd question that I am looking to apply from California, SanFrancisco Bay area so are there chances for late interview call because the lawyer says that it would take 6 months for my EAD after filing and initial interview would be after 3 weeks. But as I have read here it means that it can take longer, the lawyer is not sure about it.

    Please do answer as to the EAD status and when i Apply for Green card after 1 year of the EAD, how much time will that take and what is the Status of that Green Card.

    Thank you and would highly appreciate a sooner answer

    Reply
    • You can apply for asylum, but a previous trip to the US and a return to your country will certainly need to be explained (and not ignored – the asylum office will know about this). Your lawyer should help with that. Once you have the EAD, you can get a driver’s license and a SSN. Some states allow driver’s licenses before you have an EAD, but you will need to check with your lawyer your the state DMV. Finally, I have not done a case in CA in a long time, so I am not sure about wait times, but my understanding is that things are very slow over there. Maybe you can contact the asylum office for more info. Good luck, Jason

      Reply
  7. Hi,
    I have green card from asylum, i’m planning to go back to my origin country that i have persecution. The reason is now my mom is sick, she had serviks and lung cancer and my dad had a stroke. My mom keep loosing her weight. I dont want to be late to see her. Do you think i can go back? Should i apply travel document? I’m so frustated now .

    Thank you

    Reply
    • If you go back, you take a risk that you will lose your green card, or that you will have a problem later, when you naturalize or renew your green card. I am not saying you cannot go back, but there is a risk. I suggest you consult a lawyer who might give you some ideas about reducing that risk. Take care, Jason

      Reply
      • Do you know any option? Because now i’m so confuse. I dont know how long my parent can live. They really want to meet me. 🙁

        Reply
        • It is possible to go, but you take a risk that it will affect your asylum status/residency. BEFORE you go, talk to a lawyer, who can help you minimize the risk.

          Reply
  8. Dear Jason,
    I read all comments, I want to know on Pakistani Passport, can family apply Aslyum in USA, what difficulties they are getting and what problems since one of my cousin want to apply on B1/B2 Visa, he travel alone 2 times and now he want to settle permenent in USA with his family.

    Reply
    • That is not the type of question that can be answered in a blog – If you have questions about seeking asylum, you would do well to consult a lawyer.

      Reply
  9. Dear Jason I really. Got confusedly my case last seven years I was having trouble. I got tortured my home country I fled it I face several harassment I did try to fight to survive my only life noting more than that the countries. I try to live last six years given me only punishments this last country that unhcr bought me and start me in a process and unhcr refer me. U.s. Resettlement support centre then rsc make me appointment to USCIS. At least I was hoping you got something I. Faced another problem the government which I live in their country asked me to do something for them which I know noting about it I deny because I’m not a man of. Spy business they detained me of course torture me and I told unhcr police tells me they can shoot me but still America know about noting

    Reply
    • Do. You think I have to run away from them because this country never recognize. Me I stay unhcr mandate certificate as ID

      I do had some traumatic matter I bleive this is not what I can aford

      Reply
  10. Hi Jason,

    My wife was the principal applicant of the asylum case, and they granted asylum status to her 3 years ago, I was here with her from the beginning so I got also the asylum status. We both now have Permanent Resident Cards.

    I need to travel to my home country (work related) for 5 days, since I was not the principal applicant of the asylum (the person who was in danger, my wife was), could I have any problems when I go back to the United States?

    I am traveling with my Home Country Passport and entering the US with my Green Card.

    Thanks in advance for you help,

    Reinaldo

    Reply
    • I doubt that you will (especially since you are the dependent), but I cannot say that with 100% confidence. If you want to be safe, you should talk to a lawyer about this. It may cost you a few hundred dollars, but it could save you a lot of money – and trouble – in the long run.

      Reply
  11. Hi Mr. Jason,
    Please help me to understand following. Thanks.
    I am an asylee from Pakistan. I am having good offer for working in Dubai or in Bangkok from some local company there…
    Q. Can I move and work there after I get my green card but not effecting my status ? Thanks

    Reply
    • If you have a green card based on asylum, and if you return to your home country, you potentially could have problems. If you go to some other country, you should get a Refugee Travel Document before you go (using form I-131, available at http://www.uscis.gov). If you plan to stay outside the US for more than 6 months, you should also consult a lawyer before you go. Goof luck, Jason

      Reply
  12. Dear Jason,

    I am a Nepali Citizen. I applied for asylum from New York, and my court date was fixed at October 7th, 2015. Now, I have travelled to India for emergency case if you could understand. I am planning to fly to Australia by applying a dependent visa from Delhi. I am married and I have my wife at Sydney. Can I go back to the states?

    Reply
  13. dear jason i would like to know some thing about uscis Iam refugee live in tanzania my referal application were submited u,s and i got les than a month RSc screen and they told me few days later my case is waiting next available uscis interview, how long it take whom gone interview me daresalaam uscis at the embassy or somebody come from nairobi

    Reply
    • Sorry – I really have no idea about that. Maybe you could email the US Embassy consular section and see whether they can tell you who to talk to. Best of luck, Jason

      Reply
  14. What about religious asylee who obtained a green card already and after that the country is no more under the radical government? they live here and work here and have a green card, but the reason of fear has gone away. and they feel relatively safe to do a short visit to their parents there. Can they do that because technically now their status is not asylee rather permanent residents?

    Reply
    • They should talk to a lawyer before they go. Under the law, a person with a green card can lose his status by returning to the home country. Also, if the home country is now safe, the person can lose his status. To me, it would be a bad idea to make the trip without talking to a lawyer.

      Reply
  15. It’s not right. The US has all these rules, to keep everyone safe. They aren’t legit rules. I am USian and I left to get away from it all. Now I would like to go back, but like you, can’t do shit about these people in the USA who would like to keep everything in the world to themselves. Like looking up you see all these Creeps trying to Keep Mexicans out. It’s so stupid, cause the USA is fucking Empty. Then they have all these laws so they can put anyone they don’t like in jail, but mostly they have the laws so you will have to keep their money flowing. I hate the whole thing. The whole damn shebang is fuckin bullshit. The fuckin bitch I married did this shit to me. Now she’s fuckin gone. It’s fuckin crazy. I can’t get rid of the shit that bitch did to me, and it’s cause it’s the USA. Stupid fucking laws of that place work against any sort of person who hasn’t got ANY money. So that’s why I left. You may want to think about that next time , as a different version of the same old story.

    Reply
  16. i just want to know . its almost 8months now .. but there is no progress in my status .. i am still waiting for my third interview.. they are saying that we dont know how much time it will take . i am from pakistan. and my 2nd question is .. that on my pakistani passport i got UK visa plus before coming uk i also got USA visa . so i want to know that if they granted my asylum application .. can i go to usa or not ?

    Reply
    • These cases can often take a long time. Many cases take more than 8 months, but I do not know the specifics of your case. Also, I do not understand the travel question. If you have asylum, you can get a refugee travel document (using form I-131). If you are waiting for asylum, you can use the same form to get Advanced Parole, which would allow you to travel. However, Advanced Parole might be a bad idea and you should talk to a lawyer before you do that.

      Reply
  17. Dear Jason,
    I would like to show my thanks and appreciation to all of your helpful answers. My friend has a special case that I would like to ask you about. She was granted asylum early 2010 and had to make a quick trip back to her home country in 2012 (after receiving her green card). She entered the country with no problem and made a couple of trips also with no problems. All of that was by using her national passport, not a travel document. Her concern is, would the quick trip back home cause her any difficulties and/or complication in the neutralization interview and process? If so, what can she do to reduce the risks?

    Thanks again.

    Reply
    • It is possible that the return trip will cause problems during the naturalization process. She is required to mention the trip in her N-400 application, and she should (not mentioning it will cause much worse problems). She should gather evidence showing the reason for the trip (for example, if it was to visit a sick relative, get a medical report). If there is a problem, she will have that evidence ready to submit. Hopefully, she won’t need it, but it is always better to be prepared just in case.

      Reply
      • Thanks Jason. You are the best.

        Reply
  18. Hi,
    My wife is an Asylee. After i entered USA with visit visa my wife applied for me I730. within 2 months my fingerprint was taken. How long it’ll take for final result. Also my visa expiring soon! do i need to extend my visa or i have to go out of USA & come back again or i can stay with expired visa as long the decision is pending? Filing I730 after how many days can apply for EAD?
    thanks

    Reply
    • some body please help me to find out the solution.

      Reply
    • In general, a person is eligible to obtain asylum if their spouse already has been granted asylum (assuming the couple was married at the time of the grant). I-730s take at least 3 or 4 months, and they can take much longer. I don’t know about your specific situation, but if you are worried about it, you should probably talk to a lawyer just to be sure you are safe.

      Reply
      • THANKS

        Reply
  19. I am an asylee and just got my green card. Still i cannot visit my country?

    Reply
    • You can lose your status if you return to the home country, and so I suggest you speak to a lawyer BEFORE you make the trip.

      Reply
  20. Dear sir, thank you for your answer.

    Basically, I am not planing to hide my previews refugee ressetlement application denied by USCIS and im gonna inform them why im seeking asylum in usa and why i believe the previews negative decision was not correct because Im geniune refugee who needs protection and i waited resettlement in Malaysia for 5 years. I wanna ask you this question! In your opinion, do you think I will get the oportunity to have my case heard by Immigration Judge without considering my previews denied refugee resettlement application? Or US gov wont allow me to let my case be heard by immigration judge because they denied my refugee application abroad?

    Your advice will be highly appreciated.

    Reply
  21. Dear Jason thank you for your answer. Actually Im not planing to hide my prviews application from US government and im going to inform them that my refugee application had been denied and im gonna give the details of my previews application in order to assist them to locate my previews denied refugee resettlement application. Therefore, will I be able to have my asylum case heard by a immigration judge and be represented by an attorney? I believe the adjudicator officer who denied my refugee resettlement application made mistakes and wrong judgement so i am sure i can win asylum in the usa if my case is heard by a judge in order to get fair decision but i worry if US gov wont allow me to get the chance to apply asylun in the US and let my case heard by an immigration judge since they denied my refugee resettlement application.

    Reply
    • My guess is that if you had a refugee application previously denied, it is relevant, but it is not determinative. I would talk to a lawyer to get advice about your specific situation BEFORE you apply for asylum.

      Reply
  22. Dear sir, iam Kenyan, I read from another website that if one does not hear from the immigration office within 60 days and up to 180 days it means the case has beeen referred to an immigration court? What are the chances of applicants in an immigration court? My mind tells me the court will mosy likely deny 99% of applicants. What next if the court denies and what are the likely reasons please? How many years can one appeal this case?
    Thank you for helping all of us find solutions

    Reply
    • If you did not yet here from the Asylum Office, it probably means your case is still pending. You can contact your local asylum office to inquire about that.

      Reply
  23. Thank you sir for your help and assistance, I await yiur research, however, just in case, is it possible for one to distance himself from the applicatiom filed by his relative? Can I write to the american embassy in my country telling them Iam not part of the assylum issues and dont wish to be involved? That way iam still able to renew my visa to enable me travel freely.

    Reply
  24. Dear sir my family applied for assylum in 2013 and I didnt join them to apply since iam overseas, if they give her EAD pending the request, will they allow me to work too if I decide to join them, secondly, If my visa expires will they deny me renewal because of her status? Thirdly if they deny me renewal of visa to the US can I request them to come back to our country to join me since we cant be separated forever? Can you abandon your application. Thank you very much

    Reply
    • To quickly reply: (1) I am not sure – if you came here and joined her case, I do not think you would qualify for EAD at the same time, but that is a question that would need to be researched; (2) Your relatives asylum application could affect your ability to get a new visa – some of my clients have had this problems; other clients have not had the problem; and (3) A person can abandon an asylum application if she wishes, though this might have future immigration consequences.

      Reply
  25. Dear Jason,

    I am an asylum seeker in Arlington and my asylum application is still pending for interview. I am going to temporarily move to Washington for 6months work but I will still stay in contact with the people I have been living with in Virginia which is the address I have used to apply for my asylum and the address I have been receiving notices from USCIS.

    Do I still have to make change of address to USCIS when I can still be in contact with my already known address even if I am going to be living in another place for work? I mean the people I was living witg in Virginia are willing to pick up for any notices from USCIS if any even if I will be not staying with them. Can still use my original Virginia address or should I make change of address to the Washington where I am going for a few months work?

    Also if I am to change address, how much is it going to affect my asylum case moving from Virginia VA to Washington DC?

    Thank you Jason, I look forward to your advise.

    Marks

    Reply
    • This can be a real problem. Technically, if you move, you should change your address, which will cause your case to be transferred to your new asylum office. However, maybe if it is a temporary move and you are keeping your permanent address in VA, you do not have to submit a change of address. I don’t know that I can give a good answer for you – maybe it is best to consult an attorney and get some specific advice for your situation (though not me, as I am currently on vacation) – Good luck, Jason

      Reply
  26. Hello Jason,

    I am an asylum seeker who just received my EAD, do I have to also apply for a Social Security Card? I have been asked to by a housing organization.

    I look forward to your kind answers

    Reply
    • I don’t think you have to apply for a Social Security Card, but you can. You need a SS number in order to work and – more importantly – pay taxes.

      Reply
  27. Hi Jason,

    i am an Afghan refugee in Pakistan i could not go to my home country Afghanistan because i was an active for women rights and also i was the health consultant and health affairs expert for Ministry of Women Affairs now i threaten by Taliban and other who opposite to human rights especially women rights can you help me to asylum me i live in dread and fright.
    regards
    Abdullah Shahid

    Reply
    • I have worked on a number of cases like yours, and if you can provide evidence for what happened to you, you should have a good chance for asylum. The problem is that if you wish to seek asylum in the US, for example, you would need to be physically present in this country. You might be able to register as a refugee with the United Nations and maybe they could help you re-settle to a third country (usually, the US, Europe or Australia), but that is usually a long process. Best of luck, Jason

      Reply
  28. hello guys any one can tell me that for asylum seekers can apply from their home country, interested to apply for Australia.

    I will be waiting for your kind reply in this regard.

    sincerely

    Gafoor

    Reply
    • Generally, you have to be physically present in the country where you want to seek asylum. Under international law, by definition, you are only a refugee if you are outside your country. However, I am not familiar with the laws of Australia, so you might want to try contacting their Embassy or an asylum lawyer in Australia, for advice.

      Reply
  29. hi Jason glad that you help so many people , glad that there are people that really help ,,, i wanted give you a question : i applied for assylum 2 months ago i elso was at the fingerprints ,,, the question is … i have a valuable ticket on sept to return home , so if i return home without telling uscis about it , can they arrest at the airport , aren’t they going to stop me ???

    Reply
  30. Dear sir thank you for helping people like me who need advice. I am a refugee in Malaysia and UNHCR referred my case to US gov for US refugee resettlement program and after interview with USCIS officer in Malaysia USCIS denied my case as a matter of discretion for security related reasons because my name couldnt clear security check process. I feel unfair about the denial decisiob because im genuine refugee and im not a bad person. My question is if I apply asylum at US border will the previews refugee denial decision affect my asylum application in US?

    Reply
    • The US government will certainly know about your application, so you cannot try to hide it. I do not think it will bar you from getting asylum in the US, but it probably won’t help you either.

      Reply
  31. […] called for even greater restrictions on asylees returning to their home countries (because the accused bombers–who had asylum status in the United States–returned to their country before the […]

    Reply
  32. Hi Jason Dzubow you are doing a great job mate God bless you..
    hmm actually i am not sure about my question but even though i would like to ask you and if you find it valid please answer me.
    I am in Australia now as currently as a student i want to come to US may be on a tourist visa so can i then apply for a asylum as my home country is Pakistan.. and is there any chance i get the tourist visa for us as i have heard they don’t give it to Pakistanis..

    Reply
    • I don’t know. The US government does give tourist visas to some people from Pakistan, as I meet them sometimes. You will just have to try and see. One thing to know, if you plan to seek asylum here after having been in Australia (a safe country), the US government will want to know why you did not seek asylum in Australia, and this could negatively affect your chances for success here.

      Reply
  33. Dear Jason,

    Now that I have a valid EAD, I am in the process of applying a driver’s license but the WV MDV office has asked me to provide them with Social Security Card or a letter from Social Security stating you are not eligible for a card.

    Now its automatic that all State offices are or must be aware that asylum seekers cannot have a Social Security Card. So Jason, how can I obtain a letter from the Social Security office stating that I am not eligible for SSN Card?

    Thank you Jason and kind regards.

    Moses

    Reply
  34. Jason!

    Thank you very much for your immediate response to my yesterday’s two questions of whether I am eligible for a driver’s license and to attend school since I now have a valid EAD. I am currently in West Virginia and I am not sure of their DMV policies and how restrictive their schools are.

    Me either, i am not so quite sure how I can get a health insurance as a person on a pending asylum status, but thank you very much Jason for all your dedication to answer questions here, they make a great difference informing a lot of us asylum seekers who come to USA with very little or even no single knowledge at all about the immigration laws of USA as asylum seekers.

    Moses

    Reply
  35. Dear Jason,
    I very much appreciate your very informative wonderful work you are doing helping to answer asylum related questions.

    My asylum case is still pending with uscis, however I have received my EAD Employment Authorisation document. Since I now have a valid EAD Employment Authorization document, can I apply for a driver’s license to enable me be able to drive to work? And question two is; can am I eligible to apply for healthy short course to study and train as a nurse as my asylum application is still pending?

    Thank you very much Jason, we asylum seekers very much appreciate the help you offer us. I look forward to your kind answers.

    Moses

    Reply
    • Thank you for the kind words. You should be able to get a driver’s license now that you have the EAD. You may also need to bring proof of your pending asylum case to the DMV. Each state is different, so you will need to check. I do not know of a way for you to get health insurance as a person with asylum pending. However, you should be able to attend school with the EAD. You have to talk to the school about that, as some schools seem to have more restrictive policies than others. Good luck, Jason

      Reply
  36. hi
    i applied for asylum in Malaysia n my home country is Pakistan.i want to ask if i get the asylum can i travel to Dubai for visit and in future if i get a resident visa in Dubai so my asylum status will be cancel ?

    Reply
    • Best to ask a lawyer in Malaysia if that is where you received asylum. Good luck, Jason

      Reply
  37. Thank you Jason for your advise answers here. I applied for asylum but missed my interview, however my case is now interview pending. I have now waited for months without getting a new interview appointment. How long does uscis take to reschedule a new interview? Its now past 180days, since my case is interview reschedule pending, can i still be considered for a work authorisation?

    Thank you Jason.

    James

    Reply
    • Usually when a person misses the interview, the “asylum clock” is stopped and you won’t get a work permit. It is a big problem. Maybe you can go/call/email your asylum office to ask whether you are eligible to apply. If you don’t know, maybe you should just apply using the form I-765. There is no fee, so you really have nothing to lose by trying. As for time frames, it is completely unpredictable. Some cases take many months or years…

      Reply
  38. Is what u wrote the same for asylee dependants
    My father has a greencard based on asylum.
    He applied for me i-730 while i was in my home country and i was interviewed at the american embassy in cairo where i received the visa to enter usa.
    When i entered to USA i applied for a refugee travel document and got fingerprints and photos taken then i came to my home country the question is will i be able to enter USA again when i get the travel document.
    Note: . I used my country’s passport to enter my country
    . I am not the person fearing persecution i am his son

    Reply
    • Probably you will be able to re-enter, but the question is whether the US government will try to take away your status (or your father’s) once you arrive, or later when you apply for citizenship. You might want to talk to a lawyer before you make any further applications with USCIS.

      Reply
  39. Is what u wrote the same for asylee dependants
    My father has a greencard based on asylum.
    He applied for me i-730 while i was in my home country and i was interviewed at the american embassy in cairo where i received the visa to enter usa.
    When i entered to USA i applied for a refugee travel docume

    Reply
  40. Thank You

    Reply
  41. Hi Jason,

    I did my asylum interview in November 2012 but my case has been pending since. The first time i sent them a letter (3 months after interview), they told me it was still being processed, so i waited for another full year. I sent the office a second letter to inquire and they scheduled me for another biometric/fingerprinting collection. Can you please explain what that is for? I don’t have a lawyer and I filed by myself and can’t info on this on the web. Please help

    Reply
  42. Hi ,

    I have a question. when someone is granted an asylum and got green card , what is the risk of the travelling back to the home country before being a citizen due to an urgent matter ? is it going to affect the current status in the US or when applying for citzenship later on ?

    Thank you

    Reply
    • You could lose your status if you return home, so it is a good idea to talk to a lawyer before you do anything. Best of luck, Jason

      Reply
  43. hi,
    i am from pakistan,i want to apply asylum from my home country.
    is it possible or danger to apply from pakistan.
    if not so,what should i do for that because i am too hurry to lve that thrteaned area.
    Thanks

    Reply
  44. Iam a refugee and I got my green card . Is it possible to visit my home country for one month or two and come back to US ? If yes, is it gonna affect my residency status ?

    Reply
    • It is a complicated question. The best I can tell you is that you would be smart to talk to a lawyer before you try anything like that. One of these days I will write a blog post on that subject. Take Care, Jason

      Reply
  45. Is it still running that aslyees can’t go home?

    Reply
  46. Hi . I am Ali and I am living in uk on student visa teir4 so now can I apply for entrepreneur teir 1 from inside uk

    Reply
  47. Hi there.
    Can anybody help me with my situation.
    I have applied for an asylum and got denied.
    I did reapply again and went for fingerprint biometrics after nothing.
    Its been about 7 month since I went for fingerprint.
    What should I do now ?
    I also got my work permit after 150 days.
    No invitation for an interview yet.
    Please if anybody knows help me.
    Thanks

    Reply
    • Hi Marast – Since early 2013, there have been very substantial delays at the asylum offices around the country. I plan to write a post about it when I have time, but probably your case is delayed like all the others. Be patient and hopefully you will receive an interview soon.

      Reply
  48. This shouldn’t effect people with special immigrant visas (citizens of Iraq and Afghanistan who got green cards for working with the military) right?

    Reply
    • You are an optimist! Though, to be fair, I have not heard any talk about restricting the SIV program or people who receive their green cards through the program.

      Reply
  49. Thank you.
    This is very sad. My savings are dwindling, I will have to seek illegal employment if it last that long (since I have nobody to support me and I do not want to end up in the street 🙁
    If I write them that I will be having serious issues if they do not stick to their timetables from their guidelines it will probably not help me, right?
    Because in their reply to my inquiry they told me “However, if there is a compelling reason that you should be scheduled for an interview soon, such as a medical issue, please let us know.”
    So my reason that I am running out of money and because of this may even face medical issues-is this a legitimate reason to request interview as soon as possible?

    Reply
    • You can try – but do it in a respectful way. You never know, it might help. Unfortunately, many people are in your same situation, and they all want to have their cases heard quickly.

      Reply
  50. Hello.
    I do not know if it is the right place to post questions so my apologies if I cause inconvenience.
    My question is the following:
    I have applied for the asylum but I have not received interview notice although already 30 days have passed since (I received other letters and did fingerprinting as well). I emailed asylum office to make an inquiry and they told me that they do not know when they will give me my notice, because of increased number of applications and some credible and reasonable fear receipts …
    Can you tell me is this a common practice? Are many of your clients in the similar situation? How long can they postpone my interview (from your experience)?
    I am doing my English courses in Arlington near the asylum office. If I pop up at their office frequently asking if there is any progress, will it negatively affect me in any sense?

    Reply
    • There are currently long delays at the Arlington Asylum Office – That office merged with another office, plus they are sending officers to Texas to interview asylum seekers (credible fear interviews). Many of my clients are affected, though some cases are moving quickly. It is impossible to predict. I do not think it will cause problems if you go there frequently to ask about your case, but I also think it is probably not going to help you either. Remember, if you have no decision after 150 days, you can file for your work permit. Best of luck, Jason

      Reply

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