The new Administration has raised anxieties in immigrant and asylum seeker communities. In part, this is because of President Trump’s rhetoric (and rhetorical style) during the election. And in part, it’s because we just don’t know what to expect from a Trump Administration. Rumors have been flying: Will there be some sort of Muslim ban? Will the President repeal DACA? Or will he (and Congress) create a permanent legalization for DACA recipients? Mr. Trump will be issuing some executive orders later today banning Syrian and other refugees from coming to the U.S., and restricting visas for people from certain Middle Eastern countries. How this will all play out, we shall see.
But amidst the uncertainty, there is some good news related to work permits—or Employment Authorization Documents (“EADs”)—for asylum seekers.
First, last fall, the government started issuing two-year EADs instead of one-year EADs to people with pending asylum cases. This was a helpful development. It saves money since applicants now only have to apply for a new card every other year. It also makes it easier to obtain and retain employment, since employers feel more confident hiring people who have a longer period of authorized employment. In addition, many states issue driver’s licenses that correspond to the dates on the EAD, so a two-year card means a two-year license. All this helps ease the wait for people seeking asylum.
Second, last week the government issued new (and long anticipated) regulations “to help prevent gaps in employment authorization”:
DHS is providing for the automatic extension of expiring EADs (and underlying employment authorization, if applicable) for up to 180 days with respect to individuals who are seeking renewal of their EADs (and, if applicable, employment authorization) based on the same employment authorization categories under which they were granted.
This means that when you file to renew your EAD, your card will be automatically extended for 180 days once you receive the receipt (it usually takes three or four weeks to get the receipt). This is an important development, since USCIS has been taking months to process EAD renewals, and people were losing their jobs and driver’s licenses while they waited for their new EADs.
The automatic EAD extensions apply to refugees, people with asylum, and people who have pending asylum or withholding of removal cases, among others. You can see the new regulations here (see page 82491, the second to last page of the PDF) and here (page 82455, footnote 98, which lists the categories of people eligible for the automatic EAD extension).
Also, remember that you can apply for a new EAD up to 120 days before the old card expires. Even with the most recent change, it is still a good idea to apply early for your new card, so you receive the replacement EAD as soon as possible.
And here’s one last tip for today. If you cannot afford to pay for the new EAD (fees recently went up), you can request a fee waiver from USCIS, which—if granted—allows you to obtain a new EAD without paying the fee. To apply for a fee waiver, use form I-912, available here.
I have written many times about the affirmative asylum backlog. It has been a real disaster for asylum seekers—especially those separated from their family members. The recent changes to the EAD process, during the waning days of the Obama Administration, have at least made one aspect of the wait easier, and for that, we can be thankful.
[Update 03/27/17: USCIS has published a helpful summary of the categories eligible for the automatic extension here. They also created a useful Fact Sheet, available here.]
Hi Jason,
Thanks for all the info. I’m applying for my EAD and have some questions. This will be my second EAD but my first as an asylum seeker. My first EAD was under F-1 OPT rules. So my question is does the filing fee apply to me, seeing that this is my first time applying as asylee? And for the first question on the application, should I select ‘Permission to accept employment” or the renewal option? Also for number 11 where it asks what USCIS office granted my app, I never received the notice so I’m not sure what office granted it, what should I put there instead?
Thanks for your time!
If this is your first EAD based on asylum, you do not have to pay the filing fee. As for the other questions, I cannot answer such specific questions about the I-765 form, sorry. Take care, Jason
I apply asylum seeker my case was denied I took appeal my case is pending, I want to ask you two Questions,
how does president Trump see this as?
i have Employment Authorization Document for two years
im i eligible to apply for combo card
Thanks
I have posted recently about President Trump’s executive orders. Maybe that would help you. Ads for the travel document, which I think is your question, if your case is in court, you cannot travel and return, even with Advance Parole. Take care, Jason
Hi Jason! It’s really help a lot all the information here on you site! I have question regarding my asylum case. I applied August of 2015. I have my EAD already which will expires this March. I also received confirmation of my EAD renewal. Last week i received letter that my case was transfer to VA. I lived here in Los Angeles, California. My question is , is VA will be the jurisdiction of my asylum case or here in Los Angeles California?
Thank you very much!
This letter is probably for the EAD. Cases are being transferred around the US based on USCIS workloads. It should be a routine transfer, and your EAD application should not be affected. Take care, Jason
Hey Jason;
I heard the USCIS has freezed processing work permit applications for asylum seekers until further notice because of the executive orders. Is that true?
I have not heard this, and courts have been blocking portions of the EOs, so hopefully, USCIS will process EADs for people from affected countries. Take care, Jason
Hello Jason
I have a pending asylum case, my question is: Will I be able to grant my green card if I married my citizen fiance? How will trump new law affects that?
I am from one of those 7 countries he banned
I did a blog post yesterday (Feb 1, 2017) that might be helpful. It is not yet confirmed, but it seems all immigration benefits from such countries are suspended. For how long this will last, we do not know. If I have more news, I will update the website. Take care, Jason
Hi applied my renewal ead in oct 2016 and still I didn’t get my ead when I check online it said ur case is transferred to new office for juricidication wt does mean and how early we can apply renewal ead thx
EADs take 2 to 4 months, so hopefully, you will receive it soon. If you have the receipt, you should be ok. If you are worried, you can call USCIS. Their number is on their website, http://www.uscis.gov. Take care, Jason
Hi Jason
I did my asylum interview in 10/2016 and i was referred to immigration judge, does TRUMP executive order will effect me,
By the way I’m not from the 7 countries.
If you are not from one of the banned countries, the order does not affect you. Take care, Jason
Hi Jason,
I am not from the 7 countries currently facing travel ban. I am planning to come to USA with my family in next couple of months, and intending to sneak to Canada via Buffalo to file Asylum case. As per the current 120 ban on immigration, “The
Canada US Safe Third Country Agreement” will be applicable or not?
Thanks a lot in advance.
You should talk to a lawyer in Canada first to see whether you are eligible. We have seen people try this, get caught, returned to the US, and detained, so there is a risk. Take care, Jason
Hi Jason
This is a great news, I have a question for you. Do I need to attach a copy of I 797 (approval notice when my application for EAD was approved)? If so, I have lost this important piece of document, I have to apply for my work renewal in April 2017, Is there a possible way I can request this document.
Though I have my original EAD Card with me and electronic copy as a back up, Please advice on this, I will be really thankful
When you apply for the new card, you do not need the old I-797 receipt, you can just submit a copy of your expiring EAD card (front and back) and the other supporting documents; that should be sufficient. Take care, Jason
Hi Jason,
Thanks for your always help, could you please tell whether I can apply for social security and driver license once I get receipt for my EADs that it is under process.
Look forward to hear from you.
Many thanks,
Khan
I doubt you can get the Social Security card, but you may be able to get a license, depending on what state you are in. You have to contact the DMV and ask. Take care, Jason
Hi Jason,
Thank you for your answer. I have another question. My husband and I are living with PD status but my son is U S citizen and my husband farther is also U S citizen. Do you think we should file for family partition? If we do what could happen? Please advise us.
If your US citizen son is over 21, he can file for you. The father can file for you too, but there is a long waiting period (I forget how long, but probably around 10 years – and you get no immigration benefits or status during the waiting period), and you would probably have to leave the US to collect your green card (this may or may not be possible). If the son is old enough to file, that would be better, as you likely could get your green card without leaving. If one of them files for you, you should talk to a lawyer to help you through the process of closing out your case and getting the green card. Take care, Jason
Jason,
I am trying to interpret the best I can. The new regulations says in page 82491:
§ 274a.13(d) was presented for completion of the Form I–9 in combination with a Notice of Action (Form I–797C), stating that the original Employment Authorization Document has been automatically extended for up to 180 days
So I believe it is not enough to send this regulation to the employer. I believe, we should have this extension written clearly on the our I-797C?? Your thoughts please?
I called the immigration. I asked them to send me an I-797C notice of action states clearly that my current EAD has been extended for 6 month. They asked me (does the current I-797C include your category “C08” which means pending asylum). I answered: no sir, the notice of acction doesn’t specify the category. He said, go the USCIS website, and click on “Make Appointment” using infopass. and take all the papers with you, and ask the officer their to give you a notice states your category, and a copy of the regulation which states that EADs under C08 category are extended for 180 days
You might want to ask your employer if they will accept the receipt “as is”. If they let you keep working, there may be no reason to go to USCIS. My fear is that USCIS would take away the receipt and say that you are not eligible since you are from a “banned” country. Maybe it is best to avoid contact with USCIS for now. Or maybe go to USCIS after you show the receipt to your employer and they agree to let you keep working. Also, make a copy of the receipt, so if USCIS takes it, you still have a copy. Take care, Jason
You may be correct, in which case if you have an I-797C that does not indicate that it automatically extends the EAD, then maybe it will not help you. USCIS should be issuing such receipt now, though. If your employer will not accept the receipt based on the new regs, maybe you can make an InfoPass (at http://www.uscis.gov) and go to see USCIS. Maybe they can help with this issue (or maybe call them to ask – their number is on the website). Take care, Jason
Thank you Jason
I followed your advise. My employer accepted the extension after I sent them a copy of my receipt and the extension notice on USCIS website link as below
https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension
Thank you so much
Hi, does your I 797 mention the class type or category C08? So far my understanding is the category type needs to match the EAD and I 797 for the automatic extension. My I 797 doesn’t say the category C08. What to do now?
Hi Louis, does your I797 mention the category type C08? So far my understanding is both EAD and I 797 needs to mention the category type C08. My I 797 doesn’t have any category type. What should I do?
That is great. Thank you for sharing the website. Take care, Jason
Please .. can I applicate for asylum in canada and leave US while my case is pending ?
You should talk to a lawyer in Canada before trying this. There is an agreement between the US and Canada that might block you, and this could cause you to be deported back to the US and detained. Talk to a lawyer in Canada to see whether you are eligible to seek asylum there before you travel. Take care, Jason
So grateful for you great efforts and kind answer
Please I just want to ask about my EAD status , as I am an asylum seeker now and I applicate thr I 789 form before 20 days .. do you suspect it will be affected by the banning situation as I am from one of the seven countries?
Thanks
I wrote a blog post today (Feb 1). Check that, it might help. Take care, Jason
Dear Jasom,
Thank you so much for your useful information. Me and my husband are living here with asylum Prosecutorial discretion status since 2012. Our EAD will be expired in April. We are not from one of the 7 countries and no criminal records . Should I renew our EAD now. Please advise me.
Thank you.
You should be able to renew 120 days before the old card expires. DHS has stopped granting prosecutorial discretion. It is not clear that people who already have PD will be affected, but if you have a lawyer, you might want to talk to the lawyer and keep yourself updated about any changes that might affect you. Take care, Jason
i have my social security number . i went to usa in year 2010 and came back, to sickness now i need to back what are the documents i should have to travel back to usa
I do not know, as it depends on your status. Probably, you will need to apply for a new visa. You can talk to a lawyer who helps with visas if you need assistance. Take care, Jason
Dear Jason,
Thank you so much for helping us to have clear idea about certain number of things on going for Asylum Seekers. My question is that I applied for EAD for the first time on 3rd January 2017 and still I didn’t receive any receipt or I kind of confirmation that its under process. In your opinion how long this process is taking and now a days when a person apply for EAD for the first time, how long it takes?
Many thanks for yours always help.
Sincerely,
Khan
EADs usually take 2 to 4 months. You should get the receipt after about 4 weeks, so you should have the receipt soon. Take care, Jason
Hello Jason
I have a pending asylum case, my question is: Will I be able to grant my green card if I married my citizen fiance? How will trump new law affects that?
If you are eligible to get a green card based on marriage, you can do that and then cancel the asylum case. Trump’s orders only affect people from “countries of particular concern.” If you are not from one of those countries, there should be no effect on your case. Take care, Jason
I am actually from Yemen, it is one of the countries trump banned
Hi Jason,
My asylum case is pending an interview. What’s the implication of applying for Canadian permanent residence on the asylum case? Thanks!
If you are granted your residence in Canada, you likely will no longer be eligible for asylum in the US. Take care, Jason
Hi thanks for helping us . I got my green card under approval asylum and i wanna go see my family in a third country is there any risk under Trump’s regulations. is there any way to remove my residency or i am fine. Thank you again
If you are from one of the “countries of particular concern” or from a Muslim-majority country, you should not travel, even with a green card. Once we know more about how Trump’s orders will be implemented, you may be able to travel, but for now at least, it is a bad idea. I wrote a post related to this on January 27 – maybe that would be of help. Take care, Jason
Sorry, hit the submit button too soon.
Although deporting criminal aliens is wholly supported by the public (save for some extreme militant advocates), the issue was how the Trump administration would define as a “criminal alien.” Yesterdays executive order will define as criminal and/or deportable:
(a) Have been convicted of any criminal offense;
(b) Have been charged with any criminal offense, where such charge has not been resolved;
(c) Have committed acts that constitute a chargeable criminal offense;
(d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;
(e) Have abused any program related to receipt of public benefits;
(f) Are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or
(g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.
This is a very expansive definition as in effect says ALL illegal aliens are deportable. But with limited resources, I believe Trump must prioritize certain categories of criminal aliens over others. No word yet on what this means for DACA.
The signs are not good for DACA, but again, since he is so unpredictable, we will just have to wait and see what he tries, and what gets implemented in the end. Take care, Jason
Looks like it won’t be business as usual for asylum lawyers. This was buried toward the end of the executive action Pres. Trump signed for the border wall.
There will probably be potential redefining of PSG and an increased standard for credible fear interviews.
Sec. 11. Parole, Asylum, and Removal. It is the policy of the executive branch to end the abuse of parole and asylum provisions currently used to prevent the lawful removal of removable aliens.
(a) The Secretary shall immediately take all appropriate action to ensure that the parole and asylum provisions of Federal immigration law are not illegally exploited to prevent the removal of otherwise removable aliens.
(b) The Secretary shall take all appropriate action, including by promulgating any appropriate regulations, to ensure that asylum referrals and credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1125(b)(1)) and 8 CFR 208.30, and reasonable fear determinations pursuant to 8 CFR 208.31, are conducted in a manner consistent with the plain language of those provisions.
(c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II).
(d) The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.
This is very vague and we will have to see how it is implemented. Plus, the president has limited authority to change asylum without Congress. Even changing PSG may not be easy in some cases, as there is federal court precedent helping to define what constitutes a PSG. Take care, Jason
Hi, Jason,
The only hope we hear is only from you.
The document is 95 pages, could you help us to know which pages to give our employer?
Second, my employer sent me a letter that if I will not give them my new card before its expiration with one month, they will terminate my contract. Do they have the right to do that?
In the article above, I reference the pages (and a footnote), so you can find them. I do not know about employment law, but maybe if you show them the 2 or 3 pages I refer to above and give them the link, they will see that you are eligible to continue working. Take care, Jason
ThANK YOU Jason! Your website has helped tons of people and please receive my thanks!
I’m living in other states than the place where I submitted my file(SF office) but plan to move back, (I was trying to transfer my case here but I forgot the AR 11 thing ), but my current rent lease will last till the end of July, if I move back now then I will pay the double rent fees. the bulletin schedule implies that probably my file will be in its turn in 3 months so it’s a very hurry thing. Should I write a letter to SF office to ask for holding my case for a few months or I just don’t have such right to do that? Thank you!!
If you get scheduled for an interview, you can tell the asylum office that you need to reschedule, but they will only delay the case a few weeks. I think if you get an interview, you should go to the interview. The Scheduling Bulletin does not really predict how quickly cases will move, so you will have to keep an eye on how it is moving. Also, hopefully, someone at your permanent address is there is get the mail if you receive an interview notice. Take care, Jason
Thank you Jason! you should leave us a account we’d like to donate you are such unselfish guy!
Maybe one day…
http://abcnews.go.com/Politics/trumps-order-mark-11-million-undocumented-immigrants-deportation/story?id=45050901
Hi Jason,
What’s your take on this article, please.
Sorry – I do not have time to review the article. I wrote a blog post on January 27 where I discuss Trump’s executive orders – maybe that would help. Take care, Jason
I lack words everytime I try to describe you and your huge heart.
THANK YOU!!
Hi Jason ,I just want to say be blessed .
We all need it these days – Thank you, Jason
Hi Jason,
1- This new regulations applied on EAD’s applied to be renewed before issuing the regulation? I applied for EAD renewal since Dec.9th.2016 (this is the receipt date).
2- How can I prove to my employer that my old EAD has been extended? My employer started sending me warnings that your EAD will expire on March.31st and I have to take action prior to that date?
Thank you so much for your great website
1 – It might, but it is unclear. The executive order states that immigration benefits (which would presumably include EAD) are suspended for nationals from certain countries. However, the EO is vague on this point, and so it is unclear how long the suspension lasts for people who are in the US. In other words, the president’s order is vague, and so we do not know. 2 – the article above includes links and page numbers to the section of the Federal Register (the law), which states that receipts extend EADs. Take care, Jason
Hi Jason,
My asylum case is pending. I am from middle east and my country is among those 7 countries listed in executive orders.
I am applying for advance parole. I am worried about executive orders and if i can not enter USA by advance parole?
Thanks
If you are from one of those countries, you should not use Advance Parole and you should not leave the US. If you leave, it is unlikely you will be able to return. Maybe things will change over the next weeks and months, but for now, it would be a very bad idea to leave the US if you want to return here. Take care, Jason
thanks Jason for the great article,
I have one question:
I am Syrian on pending asylum, and I am going to apply for EAD within the next two months. Would the latest executive orders affect my EAD application?
in other words, is asylum-based EAD considered one of the benefits that was stopped recently?
Thanks.
It might, but it is unclear. The executive order states that immigration benefits (which would presumably include EAD) are suspended for nationals from certain countries, including Syria. However, the EO is vague on this point, and so it is unclear how long the suspension lasts for people who are in the US. In other words, the president’s order is vague, and so we do not know. I think when the time comes to apply for the EAD, you should probably apply, and maybe by then we will have more clarity on what the EO means. Take care, Jason
IF YOU GET TROUBLE BECAUSE OF TRUMP ORDER PLEASE APPROACH THE CANADIAN AUTHORITIES ( GO TO CANADA) THEY WILL HELP YOU RIGHT AWAY. PRIME MINISTER TRUDEAU SAID SO, JUST GO WITH WHATEVER DOCUMENT YOU WERE GIVEN TO YOU BY USCIS
I would not count on this. Before you try going from the US to Canada, it is a good idea to speak to a lawyer in Canada. We have seen people who try that get rejected at the border and then returned to the United States where they are detained. So be careful about just trying to go to Canada. Take care, Jason
Thank you so much for this website .
Does the policy apply to asylum seekers who were reffered to immigration judge?
Thanks in advance!
Al
If you are referring to the 2-year work permits and the automatic extension from the receipt, it applies to all asylum seekers, including those referred to an immigration judge. Take care, Jason
Dear Jason,
First I want to tell you the immense respect I have for you and for the professionalism you show through your website in assisting people in need like myself! I am fleeing from a miserable situation hopping to find a safe zone in the US but it seems like the situation is getting worse for those who seek protection from the US government. I know its too early to anticipate anything but I was wondering if you would advise applying for asylum in the US in the coming months or if you suggest waiting for sometime until the chaos clears out?
If you are in the US, and want to apply for asylum, I think you should apply now. Trump cannot eliminate asylum without Congress changing the law, and there seems to be no movement in that direction (as far as I know). I wrote a blog post on January 27 that discusses this in more detail – maybe that would be helpful. Take care, Jason
Thank you for your immense help and support for all asylum seekers. Here is my question: I applied for asylum Feb 18th,2015. I received my receipt of action for bio-metrics Dec 14th 2015. However,I applied for EAD given that I have exceeded the 150 days. Few days ago I checked my case status online with my receipt number and it read:
“Current Status: Case was received.On December 23, 2016, we received your Form I-765, Application for Employment Authorization , Receipt Number ****** and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by January 22, 2017, please call Customer Service at 1-800-375-5283. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address”.
I called the customer Service and i was told they had already sent the receipt notice. They asked me how i got my receipt number and i told them that i received it via e-mail and a text message. The lady was not so helpful. She told me not to bother about it since I can be updated via email and text message.
Thank you in advance for your help.
I made a mistake I filed for asylum Feb 18th 2016 and i received my notice of action for biometrics Dec 14th 2016 not 2015
It sounds like everything is normal to me. It may take another few weeks to get the paper receipt in the mail. If you do not get it, maybe make sure USCIS has your correct address, and call them (you can correct your address using form AR-11, available at http://www.uscis.gov). It takes between 2 and 4 months to receive the EAD. Take care, Jason
Hello Jason,
As I do not have an insurance, when I file the tax return form and write down that I do not have an insurance I will not be penalized for not having an insurance. I was informed that citizens are penalized when they do not have insurance, does this issue apply for the asylum with pending cases? It will be unfair if they do.
With thank, Tomi
Yes there is a penalty of about 600 $ in CA. You must have an insurance if you are legal to work.
Trump will be singing an executive order for the fine to go away from the Affordable Care Act.
If he doesn’t sign the executive order, then yes, it applies to all of us.
Rajesh and Al, thank you soo much for your information. Maybe let me wait for one more week and see if Trump signs the executive order. Thank you guys.
if anyone having the same issue of penalty like me here is a way: https://www.youtube.com/watch?v=dUpkNK4pYCo. This video gives hope.
So to get the form you will have to access the following website http://www.exitobamacare.com then click on RESOURCE CENTER then GUIDES & FORMS and then HARDSHIP APPLICATION WAIVER. You can not print it if you haven’t filled it out. On the same form there is an address where to forward it to in KY.
I do not know about taxes, but I have never heard of an asylum seeker being penalized on his taxes for not having insurance. If you are worried about this, you might want to talk to a tax specialist. Take care, Jason
I just filled asylum in Chicago office with my family. But all these new laws & regulations just come to complicate things which was already tough.I read on the news that he signed a laws to ban refugees, and Muslims A question is …can Trump has the power to remove asylum program? Can Trump stop asleep getting EAD? can Trump send back those whose asylum cases are already pending? As I see it seems that his intention is to stop anone coming as immigrants and those seeking protection from the countries of persecution.
Thanks
Trump cannot end the asylum program without Congressional action, and that does not seem to be happening (at least for now). I wrote a blog post on January 27 that discusses many of your questions – maybe that will help. Take care, Jason
Hello, Mr jason
Firstable I would like to thank you for your hard work you’re doing for us.
1-My question is: when you have received a renewal receipt (EAD),does it mean that even if your old EAD card is expired, you still can keep you job and drive your car entill you receive the new EAD card?
2- I want to know if atlanta Ga has the same schedule wait time as arlington?
1 – It means your EAD is extended automatically, so you should be able to get a driver’s license and keep your job. The problem is that the DMV and the employer may not know the law; you may have to tell them about it. 2 – I believe not, as there is a sub-office in Atlanta (I think, but I am not 100% sure) and sub-offices are usually slower than the main office. Take care, Jason
Thank you Mr jason to have answer to my questions.
May God bless you.
Hi Jason,
Does this apply even if you filed for the new EAD after the old one expired? Because the document seems to state that filing for the new one in a timely manner is a prerequisite – unless I misunderstood that part.
It is a good question, and I am not sure about that. You can present the receipt to the employer and see whether it works, but I do not recall what the regulations say about this (if anything). Take care, Jason
Thank you so much for your response.
Best,
Sara
From Trump’s executive order today, Section 5(b): “The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities.”
Please tell me I’m wrong in thinking that this policy, combined with Trump’s federal hiring freeze, is going to cause the already-slow affirmative asylum process to grind to a complete stop.
It is very unclear. He may transfer some refugee officers from overseas to do asylum cases. So we will have to wait and see how things go. Take care, Jason
Hello Jason,
Can you give us an overview on how asylum seekers can be affected by the new administration policies? Are these executive actions implemented right away or will they need Congress approval? If Congress approval is needed, does it has to be by majority or not?
Once again, thank you for being a place of safe knowledge
The main executive order related to refugees and asylum seekers has not yet been signed. Certain things the president can do without Congress, particularly in the realm of immigration, so we will have to see what happens. I will write a blog post about the EOs at some point (when I have some time). Take care,Jason
Thanks for your great effort.
I just wanted to share this joke from USCIS official website
https://www.uscis.gov/humanitarian/refugees-asylum/asylum/questions-and-answers-asylum-eligibility-and-applications
Q. How Long Does the Asylum Process Take?
A. A decision should be made on your asylum application within 180 days after the date you filed your application unless there are exceptional circumstances. For more information about the step by step asylum process, see the “Affirmative Asylum Process” link to the right.
The keyword here is “exceptional circumstances” where they can fit so much under like backlog, wave of south-american children, wars everywhere etc.
Yes, they are real crack ups over there at USCIS. Actually, the regulations about asylum require a decision in 180 days unless there are “exceptional circumstances.” But there are now exceptional circumstances in every case. Take care, Jason
Hi Jason
You re doing a very good job here ..highly appreciated
Brother !
I am a single Mom with two minors in Seattle WA
I just filed asylum here through an attorney , done with fingerprints.
Q: 1 plz tell ..is there any news that the first interview may be earlier instead of after two to three years ?
Q:2 i have hired an appartment @ 1500$ monthly ..its too costly for me
As i can’t work now ..is there any privileges i can avail from DHS or any department as i have case No / application No only …dn’t have SSN yet
Regards
1 – No, I suspect it will be a few years for you unless you expedite the case. You would need to ask your lawyer about that. 2 – I know of no benefits for you. You could contact the local Catholic Charities office (most cities have one). They often know more about benefits than private lawyers like me. Also, if you do work without authorization, it does not affect your eligibility for asylum. Take care, Jason
Hi Jason,
Thanks for the info. I will be going for my biometrics next week and i will like to know if am still eligible to apply for EAD after 150 days.
You are eligible to apply for the EAD 150 days after your asylum application was received (the date is on your receipt). Take care, Jason
Hi, Jason!
This article just blessed me so much! Just today I got email from my company’s HR department, requesting me to submit EAD,since mine current one will be expire soon! Amazing timing~
However, I do want to know how should I make this a more formal explanation for the HR so they feel comfortable to continue my employment?Can USCIS to issue out a written statement specific with my receipt number or under my name regarding the automatic extension? Or should I ask my lawyer to issue out a statement? Do you have some suggestions?
Thank you so much and this article just updated right on time., God bless you Jason.
In the middle of the article, I provide some links with page numbers and a footnote. If you go to that document, and print the relevant pages, and maybe give your employer the link, it will hopefully be enough. Take care, Jason
Thank you so much Jason, I actually did it and forwarded to HR already, they are contacting lawyers in our company, but seems no problem! Thank you so much~
Hi Jason thanks for all the great information, I heard that today Trump signed some order that related to asylum and green card policy for asylum? Any news that you know of? Thank you very much!
He signed 2 orders, which you can see if you visit the White House website. They did not specifically relate to asylum. There is a third order that was leaked to the public, but it has not been signed, and we do not know for sure whether it will be signed. It relates to refugees and bans visas and other immigration benefits for people from certain countries (Muslim countries). Take care, Jason
I have a quick question about Asylum interview decision delays and how that might be related to an asylum seeker’s initial I-94 arrival/departure record. This is my question:
I had my asylum interview last December at the Chicago Asylum office, as it is, it is now two months after my interview and no decision. However, what baffled me was the fact that my I94 record has been cancelled meaning my arrival/departure record can no longer be accessed on the CBP website. Also, the same thing just happened to someone I know who just had his asylum interview at the Chicago Office this January.
Do you have any logical explanation?
I do not, and I had not heard that before now. If you find an answer, please do let us know. Thank you, Jason
I will let you guys know as soon I get any information regarding this issue.
I was interviewed in Chicago too in December, except my I94 is still there on their website.
@Thomas when were you interviewed at the Chicago Asylum Office? My friend who was interviewed on January 18, 2017 was unable to view his I-94 arrival/departure record exactly 4 days after his interview. He could view his I-94 record before his interview. Maybe you should check yours again and let me know if you can still view it.
Respectfully,
John
Thank you for a good news, Jason!
I recently applied for EAD renewal under pending asylum, and it was processed within 2 month, I must say-they are doing it faster now.
Hi, congratulations! to which office did you apply?
I mailed my application based on state where i live to Dallas, TX.
We have to take the small pieces of good news when we can get them, so I am glad to hear it was processed quickly. Take care, Jason
Thank you for always being supportive and understanding the feelings of asylum seekers. I enjoy reading your articles 🙂
Thank you, Jason
Hi Jason,
thanks for you great effort , do you know how long it take to transfer a pending asylum case from Newark asylum office to Boston sub office , one more question about work permits extension , does this new regulation has retroactive effect ? means if i had a gap before between my old and new card , does this gap has any effect on my case ?
thx ,
A gap in employment – even if you worked illegally during the period – should not affect your asylum case. I do not know how long it would take to transfer the case. You can contact the asylum office to ask whether it has been transferred. Their contact info can be found if you follow the link at right called asylum office locator. Take care, Jason
thanks for your answers, does working illegally for 2 weeks during a gap period has any other effect?
It would not affect an asylum case, unless you lied about it. But it could affect other types of cases (getting an H1b visa for example), so you may want to talk to a lawyer about the specific situation. Take care, Jason
Dear Mr. Jason,
You wrote, ” even if you worked illegally during the period – should not affect your asylum case.” Then why the lawyers and telling not to work, during asylum period, before getting EAD ? Somewhere you wrote, if work during asylum period, it will not effect your asylum case, but some benefits will not given. What kind of benefit it is ? Can you list here please ?
Other types of immigration benefits (like changing from one non-immigrant visa to another) may be blocked by working unlawfully. Most asylum seekers do not have this option anyway, but some do. If you are concerned about this, talk to the lawyer. But the fact that a person works in the US unlawfully does not block him from receiving asylum here. Take care, Jason
Hello Jason,
My wife (derivative on my asylum application) filed the renewal 2 days ago under category C8 will the automatic extension apply to her?
Thanks
The automatic extension should apply to her, yes. Take care, Jason
Hi Jason. Will the ban Trump signing today have any impact on asylum seekers in the US or who are adjusting their status while in the US?
I have not seen anything from Trump yet that would affect a pending asylum case or someone who already has asylum and is filing for a green card, but we do not know what is to come, and it is not 100% clear what the executive order will do, as some of it seems ambiguous. So we will have to see what happens. Take care, Jason
I think they wanna ban new refugees from coming in especially from Syria ,so no more new admissions.
Hi jason
Is there any news for the people who applied for the very first time ..
No – Only that the EAD will be valid for 2 years instead of 1. Take care, Jason