Earlier this week, President Trump issued a new Executive Order (“EO”) to replace one of his prior orders, which was largely blocked by the federal courts. The new EO, Protecting the Nation from Foreign Terrorist Entry into the United States, temporarily bans certain nationals of six majority-Muslim countries from entering the United States, suspends the U.S. refugee program for 120 days, and reduces the total number of refugees that the U.S. will resettle in FY 2017. Whether the new ban can withstand court scrutiny, and how it will ultimately effect who can come to our country, remains to be seen.
For those foreigners already in the United States, the new ban has little legal effect. The immigration status of permanent residents, refugees, asylees, and asylum seekers remains essentially untouched. One possible exception is for family members of asylees and refugees who are hoping to come to the U.S. on a Refugee/Asylee Relative Petition (form I-730). Such relatives from the six “banned” nations–Iran, Libya, Somalia, Sudan, Syria, and Yemen–may be ineligible for a visa for a 90-day period. However, even this is unclear, as the EO provides a number of exceptions for nationals of banned countries, and such relatives may be entitled to an exception (depending on how you read the EO).
So for non-citizens in the U.S., including those from banned countries, the EO has almost no effect on their legal status here. That’s not to say that the EO has no effect–it certainly does. But that effect relates to the message the EO sends and the psychological damage it inflicts on Muslims and on non-citizens. Indeed, for this population, the effects of the anti-terrorism EO are similar to the effects of an actual terrorist attack in certain key ways.
Like a terrorist attack, the number of people directly impacted by the EO is much smaller than the number of people terrorized by it. The new EO is very narrowly tailored, so much so that it almost does not make sense. For example, the Administration claims that vetting for the six banned countries is insufficient. Yet the order allows nationals of those countries who already have visas to come to the United States. If there is a problem with the vetting, shouldn’t all the “improperly” vetted visas be revoked? Presumably, the Administration wants to avoid another humiliating defeat in court, but the limited scope of the EO seems to undercut the very rationale for its existence.
On the other hand, if the purpose of the EO is not really to block people from coming here, but rather to frighten people who are already here (Muslim Americans and non-citizens), the limited legal effect is less of a concern. As long as the order stands up in court–and even if it doesn’t–Mr. Trump has sent a strong message to the intended audience (really, there are two intended audiences: Mr. Trump’s supporters who want to see him fighting against “the others” and “the others” themselves, who feel targeted and excluded by the Administration’s policies). In this sense, the EO mirrors a classic terrorist tactic–limited impact (because you have insufficient resources to have a wider impact) with maximum effect (everyone in the targeted population is frightened).
And make no mistake, the EOs and the accompanying rhetoric are affecting their intended targets. Reports indicate that non-citizens and their children are under great stress due to President Trump’s words and policies. This stress can have harmful and life-long effects, especially on children. Muslims, including American citizens, have been subject to a barrage of bigoted statements from the President and his surrogates, and they are also suffering from similar types of stress. Some refugees are fleeing the United States, which they now view as unsafe, for Canada. So while the legal effect of the EOs may be small, the harm is very real, and very damaging.
Mr. Trump’s EOs are similar to terrorism in another important way: They help create a vicious cycle. Terrorists rarely have the power to conquer territory. Instead, the purpose of their attacks is to draw a response. Unless the response is careful and precise (a rarity), it can cause further alienation and anger, thus driving more people into the terrorists’ camp–a vicious cycle. In the case of the EOs, they help justify the narrative that groups like ISIS have been peddling (that the United States is at war with Islam). They also frighten and alienate people living in our country, particularly Muslims and non-citizens. Since alienated and frightened people are more likely to embrace extremism, the EOs are a type of self-fulfilling prophesy: EOs push people towards extremism, extremism justifies more EOs. It’s a vicious cycle analogous to the one created by terrorism.
Finally, the EOs do not exist in a vacuum. They are part of a larger campaign to demonize foreigners and Muslims. The whole effort of the Trump Administration towards such people is irresponsible and dangerous. It puts our country at greater risk by encouraging extremism and discouraging cooperation. But unfortunately, this Administration has proved again and again that it will not allow facts to get in the way of ideology, or sound policy advice to contradict prejudice. The new Executive Order is just the latest example of the misguided course our country is now taking. We are all less safe because of it.
Hi Jason
I wish to ask a question. When you are here in United States and you have applied for asylum and it is still pending are you eligible or rather can you still play the American Dv lottery?
You can apply – but if you win, talk to a lawyer, as you may not ultimately be able to get the green card – it depends on your status here. I wrote about this issue on October 5, 2015 – maybe that would help. Take care, Jason
Hello Jason;
Thanks again for your informative updates. I just had one question.
My husband came to the US two years ago. He has applied for asylum a year ago. He recently got his work permit but his case is still pending.
I came to the US to study a few months back. So I am here with a F1 visa. So my question is can I be included in my husband’s application or do I have to file a separate asylum application?
Thank you again.
If you are legally married, he can add you to his case and you can get the work permit as soon as you are added. Contact the asylum office to ask about the procedure to add your name to the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason for your support and the informative website about all what the asylum seekers want.
I want to share this with all asylum seekers who are worry regarding renewal of their work authorization .
. Am one of the 6 ban countries .
I applied for work authorization renewal on 20 DEC 2016 in LA.
Yesterday I had received letter saying that it had been approved .
Thank you for sharing. We have not seen problems for EADs for people from banned countries either. Take care, Jason
Hi Jason,
I read that a 180 days Automatic Employment Authorization Document (EAD) Extension was available for asylum applicants who filed for renewal of the Ead on time as of Jan 17, 2017. It doesn’t seem that USCIS sends you anypaper regarding the extension. How do i prove to my employer that i am still eligible to work after my Ead card expires? Your Clarification will be appreciated. Thank you
Hi James,
You can show your employer the receipt for the new card which will say that the old one is extended for 180 days.
Hope this helps.
Thanks Sarah, I didn’t realize my I 765 form had the automatic extension statement on it. That helps a lot. Thanks
You’re welcome. Glad I could help.
Soon you will be an immigration lawyer! Take care, Jason
😀 I wish. As someone who’s spent a decade convincing people to spend on things they don’t need (advertising), that would be a welcome change 🙂
Sara, my receipt doesn’t have any information regarding the automatic 180 days extension. Can you helping me figure it out.
Thanks
I think I may have hit reply on another one of your comments.
Here’s my reply again:
If yours doesn’t have it, then you will be receiving another receipt that does, soon. Someone on here posted about this. I will post a link if I can find it.
My husband got his receipt in Feb. and it mentioned the 180 days extension.
I got one mail telling me that they received my renewal application, and a second one telling me that they have transferred my application to Potomac VI. Neither of them has the 180 days. Anyways like you said I will show my employer the document someone has posted here, in this blog. I have it don’t spend time looking for it.
Really appreciate your guidance.
No problem. Glad I could help.
Good luck.
This website contains info that should help: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension. Take care, Jason
Thanks Jason.
This website may help: https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension. Take care, Jason
Hi Jason,
I was interviewed a month ago and now I’m waiting for the decision to be mailed to me. If I apply for Advance Parole to visit my husband and family (didn’t see them almost 4 years), could it be difficult for me to return back to US (I’m from Russia)? If I will stay in Russia for about a month and my decision will arrive here at my US address, can it help me to return back?
Thank you!
If you go back to your country, it could cause your asylum application to be denied. I recommend you talk to a lawyer before you try that. You can apply for AP to travel and return. However, if your case is approved or denied during the AP process or while you are overseas, it could affect your ability to get AP and/or return to the US. I recommend you go over all the options with a lawyer before you try this. Take care, Jason
Thank you so much, Jason!
Hey Jason . Thanx God to brought us to the this country to safe our lives and we found people like you Jason helps us . My asylum case still pending since February 2015. I didn’t get my interview yet. I’m almost 3 years in USA and I was in third country seven years i didn’t see my family . Suffering every day for waiting interview and seperate with my family it’s not easy . Before trump become president I was planning to travel to third country to see my family if I got adavance parraole. I’m from the one of six country that travel ban . I but my name in short list 3 month ago but I didn’t get any phone call for interview . In case if I got my interview and I didn’t get the decision can I travel to third country by advance parrole while background check? Thanx again. Jason for help
As I read the EOs, people with Advance Parole can travel and return, even if they are from a banned country. However, this is all very new, and we do not know how the EO will be implemented. I think you need to wait and see how things are working before you travel, and it might also be a good idea to talk to a lawyer before you travel. Also, besides the short list, you can ask the asylum office to expedite your case based on family separation. If you or they have health problems or if they are in danger, get some evidence about that, as it will help you expedite. Contact the local asylum office for instructions about expediting. You can find their contact info if you follow the link at right called Asylum Office Locator. Good luck, Jason
Hi Jason
I requested to expedite based on health issues and supported that with report from a doctor because I’m diagnosed with some masses and needed to be removed and have an other report for a previous surgery describes my difficult situation and I spoke with the supervisor himself explaining my situation and my need to have my husband beside me I don’t want to be alone in this, and yet its denied saying that there is massive backlog (my lawyer very optimistic said still expect them to expedite). So there is nothing like humanitarian reasons to approve the expedite its just depend on the mode of the officer.
If you dont mind I have an enquiry regarding the advance parole.
1-Do you thin if I apply for advance parole based on health conditions requesting it from inside and receive it in my same address in USA because in the form they ask if I’m inside or outside and leave the country before receiving a reply and let my friends send it to me is it a good idea, because I applied before and approved for me last November and left for one month because they give limited time for the advance parole. 2-Do you think they are not going to approve it for me because I’m asking for it for the second time, when i saw my doctor in the third country he advised to return in six month to follow up my case and the situation. One more thing to mention I’m from one of the six countries
Thank you Jason for always been there taking care of our enquirers god bless you
Has anyone had success bringing their parents to visit while asylum pending? Sorry for using this place for this Jason, but I desperately want my mother to visit…..
Hi Justice,
My mom’s visa was rejected with no explanation from the embassy — just rude attitude, and I’ve heard about this happening to fellow asylum applicants (a friend’s mother & sister had their visas rejected 4 times so far). That friend is a green card holder, through asylum, and her mother finally got the visa but not her sister.
This whole thing breaks my heart because I’m very close to my family, and they haven’t seen my now almost 3-year-old since she was 3 months old, when we came here.
If you ask me, they should have mentioned that in fine print: You will be separated from your loved ones anywhere between 5 to 15 years.
I apologize for my doom and gloom response. Your family should still try because I would imagine that this may vary by country. Good luck.
You might consider traveling to a third country to see your family (using Advance Parole, form I-131, available at http://www.uscis.gov). Maybe that would be a way to see them. Take care, Jason
Hi Jason,
Thank you for your reply.
For some reason, I was under the impression that reentry into the US is not guaranteed even with AP, making it risky.
Is that incorrect? Are they required by law to let us back in?
Thanks again.
There is no guarantee of re-entry, even with AP. But if you get to the airport in the US and for some reason they do not let you in, you can ask asylum at that time. Probably, you will be detained (at least for a while) and then you will do your asylum case before a judge. In general, though, we have not seen people with AP get into trouble when returning to the US. Take care, Jason
Thank you for the info, Jason.
Have a great day.
I invited my wife for my graduation (basicall F2) and she had her visa approved. This was in 2015 when I had my F1 visa in status. At the same time my asylum was pending. Try and you might get the best out of it. Make sure your mom is transparent and should avoid any lie. I am not sure what negative effect it could have on my application. Jason posted a blog about this. That might help you. It did help me.
Wish you good luck.
Hi Haweken,
If yours doesn’t have it, then you will be receiving another receipt that does, soon. Someone on here posted about this. I will post a link if I can find it.
My husband got his receipt in Feb. and it mentioned the 180 days extension.
They can try – it depends on their connections to the home country and on what type of US visa they are seeking. The fact that you have a pending asylum case may make the embassy believe that if your parents come here on a tourist visa (B visa), for example, they will violate the visa and seek asylum. If the embassy thinks this, it is likely they will deny the visa. Some types of visas (like H1b or L) are not affected, but a B visa may be affected by a relative’s asylum application. Your parents need to convince the embassy that they will return after their visit. You could find a lawyer who helps with non-immigrant visas to help make their case as strong as possible. Take care, Jason
My parents got their visa when my asylum was pending and I was F-1. Now they got their visas renewed last week with my approved asylum. It really depends on the consulate. I think the older your parents are, the more chances they have to get approved tourist visa. It has a lot to do with ties to your home country.
Justice,
It really depends. For example, my friend’s mom received a 10 year tourist visa while her daughter’s asylum application was pending. She has been traveling to the US every summer since then. They are from Ukraine.
Hi.i am confusing about renewal of EAD card.plz guide me: My EAD card will expire on August 15, 2017. I should apply 120 days before expiring the card or 150 days before or 180 days before? Thanks.
The instructions to the form I-765 (available at http://www.uscis.gov) indicate you can file 180 days before the old card expires. This is new, and until we know how USCIS is responding, I am still telling my clients to renew 120 days before the old card expires. Take care, Jason
Greetings, Jason
I am very great full for the service you are providing and may god bless you for this,
I applied for asylum months ago and I accidentally washed my passport while it was in my jacket. Thankfully no damage occurred on the main page (biometric part) but one of the stamps on my passport which I got from my visit to turkey is unreadable. My question is will USICS be suspicious when they see my passport or do they have my travel history?
They may have your travel history. I doubt they will be all that suspicious. You can explain what happened if they ask. You might also have other evidence of your travel to Turkey that you can give them to show them what the stamp is – like a plane tickets, hotel receipts, or photos of you in Turkey. Take care, Jason
Thank you very much
Hi Jason, thanks for the good work! I have learnt so much from this website. I am an asylum applicant waiting for interview. I tried renewing my license with the work permit extension and the DMV people refused saying they need the approval notice instead. Do you know of any people who have renewed with the 180-day extension notice? Also do you think that if DMV is not accepting them then employers may also refuse? I am waiting for my new card and I am not sure how long it will take but concerned about what may happen.
Yes. I renewed my license with the letter from USCIS stating that EAD is automatically extended for 180 days.
All you need is your old EAD or License. Receipt that you have applied for EAD renewal on time and this letter that says automatic extension of the EAD from USCIS.
Explain that to the DMV office with clarity and you will get it renewed. No Biggy.
These people have alot of common sense and they will understand your situation.
Employers and the DMV should both accept the extension letter. I do not know anyone personally who has done that, though some people have commented here that they successfully got their license with the extension letter. I think you should go back and ask to speak to a supervisor. The rule is new, and the DMV may need to be educated about it. I did a posting on January 25, 2017 with links to the federal register. Maybe you want to print the relevant pages of that (I think it is 3 pages) and bring it to the DMV. Good luck, Jason
Hi Jason,
Thank you so much for all your assistance. You may never know how much your kindness means to us. Please, I need your imput on the EAD extension. Mine does not expire until May. However, I applied in February and requested a fee waiver. I got a letter 3 weeks later approving the fee waiver and another one stating that my case had been transfered to another service center. I do have a question sir. Should I be worried about not having the 180 automatic extension, mentioned on any of the 2 letters? Will I get a different notice for the 180 days extension? Thanks, always.
The extension is automatic, whether they mention it or not (assuming you are renewing an EAD based on pending asylum). I did a posting on January 25, 2017 with some links to the federal register that explain this – maybe that would help if you have trouble with your employer or the DMV. Also, it is very likely that you will get the new EAD before May, so you should be fine. Take care, Jason
Thank you, Jason.
Hi Jason, thank you for the great work you are doing through this blog!
I’m trying to check my clock but the syatem ia telling me that my Alien number is does not exist. I filed my case in November 2016 with the Miami office and i went for fingerprints in December. Every other time i write to the asylum office hoping that they will clarify the issue with my A-Number i always get a general response that i should wait for 180 days and file for EAD…..is there anything else I can do to help my situation because there is no way i can know if the 180 days have elapsed?
Dear Grey,
I do apply in November, 2016. I have got information from my lawyer that the online status is activated only after you submitted application for work permit (i.e. Form I-796). I have also confirmed with one of a friend who has already got a work permit just last week.
sorry for my poor grammar though
you cannot check anything online with your A-number while your asylum case is pending. If you didn’t miss your finger print notice, you clock should be fine. the only way to ask about your asylum clock is mail an inquiry letter to you asylum office about your asylum clock.
The phone number is only for cases in court. There is no way to check the clock unless the asylum office tells you, but I doubt they want to spend time on this, and so they are not answer you. Just wait 150 days after you filed the case and then apply for the EAD. You should be fine. Take care, Jason
Hi Jason,
Thank you for this article and all of your help.
I have a question for you: If I change my cell phone number, would I have to inform USCIS the same way I would a change in address? I am currently pending asylum.
Thank you!
I am not sure, but if you want to be cautious about it, you could submit a change of address form listing the new phone number. I suppose there is no harm in that, but maybe write a note explaining that the address is the same, but you have a new phone number. Take care, Jason
Hi Jason
can we apply for the renewal of EAD 180 days before the expiry date.
on the uscis website it says it can not be renewed not more than 180 days before the expiry date of the EAD.
I remember it used to be not more than 120 days
Tnx
It was 120 days, but now it says 180. I am old fashion, so I am still recommending 120, but the website says 180 is ok. Hopefully, everyone who works at USCIS got the message, and if so, it should be fine to file 180 days before the old EAD expires. Take care, Jason
Hi dear Jason
I interviewed in SF asylum office in Feb2016. I am from Iran and I don’t have received any decision yet. Do you think it took too much? And do you think a congressman could be helpful in my case?
Many thanks for your patient.
It can take many months to receive a decision, so it is not surprising that you do not have it yet (indeed, it would be surprising if you got it that fast). You can try the Congressman, but in my experience, they are not helpful. You can also inquire directly to the asylum office to ask about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Good luck, Jason
Many thanks ??
Dear Jason,
I filled my asylum application on January 2017. I left my country while the government declared a state of emergency and still is under the emergency. My case is directly related to the current political crisis in my country.
And since I left the country I keep receiving message from my family of a high treat of harassment and really fear to my family safety. Keeping in mind the above situations can I apply for expedited interview of my pending asylum case ? And do you think I have a chance to family unification?
Thanks ,
You can try. Get some evidence (letters from your family, news articles about the country conditions) and ask the asylum office to expedite. It may work. You can contact the asylum office to ask about the expedite procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, remember that you have to submit all documents for your case at the time you request to expedite. Good luck, Jason
Thank you very much Jason
Got letter this morning ” ASYLUM APPROVED ” thank you Jason for this website because it helped me alot though this journey ! playing for y’all !!
Congratulations!!!
May I ask what office did you file your application and how long did you wait? Thank you and congratulations!!
Filed my Application in Augustin 2015 Houston TX
interview 8/25/2016 in New Orleans Louisina
final Approval was 2/22/17
Letter of approval with I 94 at 3/11/2017
Thank you
Congratulations!!!
I appled on dec 2016 stll no interview but its normal coz syrian ???
To get an idea about when the interview will be, check the Asylum Office Scheduling Bulletin – a link is at right. Everyone is facing long delays; it is not related to the country of origin (though maybe that will cause additional delay after the interview). Take care, Jason
Can you pleas shere your experience
Like when u appled and interview date
Congratulations – That is great news, and welcome to America! Jason
What country have you fled? What type of asylum did you seek? It is interesting that it took only 1 year in Houston office to get interview, when for everyone else is 2 years.
Hi, Jason
Maybe you have a new article about the below work amendments.
https://www.uscis.gov/sites/default/files/USCIS/Verification/I-9%20Central/FactSheets/Fact-Sheet-AutoExtendEAD.pdf
Thank you – If I have time….
Dear jason
Thanx for your articals it help us alot
I have a Q regarding the new EO ,i just confused to understand some point in the EO , am an Granted Asylum from one of yhe 6 countries is this Order gonna Efect my I-730 & I-131 ??? Or the Granted Asylum dosnt be Efected ? Thanks for your concern
As I read it, I think it does not affect the I-131, but I am not so sure about the I-730. It is a bit vague, and so I think we will need to see how the government implements the order. Before you travel, you certainly need to look into how people from the banned countries are affected by the EO. As for the I-730, I think you just have to move forward and hope for the best. It is only temporary, and it is unclear whether relatives will be blocked from coming here, even during the temporary 90-day period. Take care, Jason
Hi Jason,
I have a question about deportable traffic offenses for people with pending asylum cases (not interviewed) like myself, that I would greatly appreciate your input on.
My husband disobeyed a traffic control device (basically, disobeyed a “no left turn” sign that he didn’t see). We won’t dispute the ticket and will pay the fine, but I’m worried that this could be a deportable offense. It’s all too vague.
Is this the sort of thing we can be at the risk for deportation over? And are asylum seekers at risk of being deported over minor traffic offenses?
Thanks in advance.
Sara
I’ts crazy. I drive with so much fear.
It really is, Tina. And these EOs are intentionally vague to keep us on our toes, and allow those with power to find the loopholes they need in the grey areas. They don’t even need to look too hard!
I need intense therapy after this whole experience is over which was prescribed to me already before it started.
I agree. I am a nervous wreck,myself. I have toyed with the idea of crossing to Canada with my kids, but too chicken hearted for the risk. Hopefully, your husband will be okay. I believe in GOD and I pray.
Thank you 🙂
A gentleman on here mentioned that a friend of his tried crossing over to Canada, only to get detained there and brought back to the US.
I guess we have no choice but to stay put, and hope for change — the good kind this time.
Wishing you and your family all the best.
Traffic laws vary by states, but I cannot imagine that a ticket for violating a left turn would cause him to be deported, or even that it would have any effect at all on an asylum case. Traffic tickets are generally not criminal offenses, and so they have no effect on asylum. If you think his ticket is for a crime, talk to a lawyer about it, but that seems very unlikely. Take care, Jason
Many thanks for your response, Jason.
I’m glad that we are safe for now.
Have a great week.
Best,
Sara
Dear Jason,
I appreciate your help in advance. I would like to know about K1 & K2 VISA as I have my girl friend in oversees and want to apply for her and two children to bring them to the USA and marry her. She is divorced from her previous ex-husband. Considering current circumstance what evidence are required for her eligibility of K1 Visa and also can I bring her children on K2 VISA at the same time.
Many thanks,
Sorry, I can only answer questions related to asylum. You should talk to a lawyer about this who knows about family immigration. Take care, Jason
Hi Jason,
Thanks for this great article!
Do you think this new EO may affect relatives of asyleess from Russia? Will they be able to join their relatives in the US now as the refugee system is put on hold for 120 days?
Thank you!
It does not affect people with asylum or their relatives coming to the US based on an I-730 (unless maybe they are from a banned country). It does affect refugees, but that is a different category of people than from what you are talking about. Take care, Jason
Thank you so much, Jason!
Hello Jason,
thanks for all your help.
my visa is pending under Administrative Processing’s from the past 11 Months, I had my interview and was informed that I will have my Visa by next month but still I am waiting. do you think the Ban on I-730 for these particular countries for 90Days can be a plus point for people from other countries like Pakistan? also if it has impacts on Muslims will it be a plus point for Christians waiting for their I-730 Visa’s?
At this point, I do not think the EOs give a benefit to anyone. They take away some benefits for some people, but I doubt that will be helpful to the remaining people. But I suppose you never know. Take care, Jason
Hie Jason ,
Thank you for all the work you do . I got granted asylum 4 months ago and applied for refuge traveling document and I am originally from Kenya . I want to travel to U.K. Will I have problems coming back when I do not have permanent residency , I have refugee traveling document only .
Thank you
You should be fine. The RTD allows you to travel and re-enter the US as long as it is not expired. Take care, Jason
Howdy Jason,
Thanks for listening to our concerns, my question is that I want to know from USCIS about status of my case as I don’t have any updates since I filed. Should I write a letter to USCIS or is there any specific form to fill in order to know the updates about your case.
Thanks,
If you are talking about a pending affirmative asylum case, you have to contact the asylum office directly. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you can check the Asylum Office Scheduling Bulletin, a link is also at right, to get an idea of the interview date. Take care, Jason
Hi Jason,
I appreciate your help in considering asylee’s concern. One of my friends wants to leave USA due to immediate problem in her family. As her case is pending from the past 11 months and she can’t wait to get advance parol due to emergency.
As we have read the Form I-131 there is option in Part 2 (1.f) I am applying for an advance parole Document for a person who is outside the united states.
My question is can I apply for her, if she leaves and what will be the procedure for pending asylum applicant and than form where she can received her Advance Parole once its approved.
Best,
To get AP, she will need to be fingerprinted. So if she leaves without doing that, I do not know how she can get AP. If she can file the form and wait for the fingerprints and then she leaves, the AP will (hopefully) arrive at her address and then I suppose you can send it to her. However, I really do not know how that would work, as I have not tried it. She may have a problem re-entering under those circumstances even with AP. If she wants to try that, you might want a lawyer to research the issue for her to get a better idea about whether it will work. Take care, Jason
Hi Jason,
Thank you so much for all your help and concerned. I really appreciate your generosity and kindness.
I am an asylum seeker from the Los Angeles. I applied on DEC 2015. I check asylum bulletin website each month and I did not see any changes so far. It seems that they did not update asylum cases in LA from August 2011. My question is can I rely on these updates? Or should I start preparing for my interview from now on or it’s too soon?
My other question is if you are in contact with other asylum seekers in LA, could you kindly give us the estimate Los Angeles interview waiting time?
Thank you. God bless.
The LA office is the slowest in the US, so probably you have some time to wait. Maybe it is possible to ask to expedite the case. You can contact the LA office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I am in the same situation like you, Liz. I applied in August 2014 and there is nothing that I heard from them. Checking the bulletin is even more frustrating. I have been to their office several times and apart from the simple advice (be patient) that they give you, there is nothing much you can get. You can ask for expedition only if you can provide medical documents , otherwise they will not accept your expedition request at all. There is no waiting list in this office. I know someone who filed in 2013 and got interviewed in 2016. It was a little more than 3 years! This office will really make you hopeless.
I hope this may give you some clue and I wish yours will not be like mine and get your interview soon.
Haweken,
Thank you for your answer Haweken. I was desperate to find someone in the same situation.
I have one question. Does your friend who waited for 3 years for his interview was on immigration status like F1 or H1b visas or he was not in any status?
Because I heard those cases on immigration status will take longer time, I asked because I am in status.
Could you kindly clarify that?
I appreciate your help Haweken.
In our office, we have not seen any difference in the wait time for people who are in-status versus people who are out-of-status. Take care, Jason
Hi Jason,
Thank you so much for the clarification.
I always had doubt about immigration status and the wait list.
Thank you. God bless.
Regards,
Liz
Liz,
Speakibg about my friend, she was in F1 status. I am not sure if she still had it in status during the interview time or not. So if she was in status, you can tell even people with status wait this much. If she was out of status the same thing, 3 years! I was in status for two years while wsiting for my interview schedule day. Nothing happened. I am out of status now since July 2016. Nothing! So I don’t think it depends on wether you are in status or not. Wish you good luck.
Thank you a lot for the reply Haweken. I appreciate your concerned.
As Mr. Jason also stated, there is no difference between status and no status. I was worried as I am in status it might take double the time of those out of status. Thank you so much for clarification. God bless.
Hi.i am Pending Asylee from Queens NY.i am shifting my residence in same Queens area.only zip codes change.My Questions is that: 1.Can i change Address online and by post both the process same time or only one way? 2.i send form to NY local office?
You can change your address online using form AR-11 (available at http://www.uscis.gov) and you also need to give that form directly to the local asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thanks for yours always help. I have a question regarding advance parole as I am applying to leave to a third country due to circumstances of my children situation.
My first questions is that in Advance Parole how long I can stay in another country?
Just in case if I called for an interview during period while I am staying away from USA what will be its impact in case I request for rescheduling?
Considering current circumstances and executive orders of Mr. trump, what are the chances of not letting advance Parole holder to the country back?
I am in Montana and filed my application for asylum 9 months ago, as asylum cases are evaluated in Chicago is there any chance for getting an earlier interview date, keeping in mind the current long delays in interview scheduling bulleting?
Many thanks for yours always help.
Could you also please let me know that, with Form I-131 for advance parole what other documents are required to be submitted and how long does it takes to get Advance Parole.
Many thanks,
Is there any application fee for filling form I-131 for advance parole.
Thanks,
Faisal
Again, you need to check the instructions.
Is there any application fee for filling form I-131 for advance parole.
Thanks,
As for documents, you need to look at the instructions, I cannot answer such questions. It can take anywhere from 3 to 6 months; sometimes longer. Take care, Jason
When you apply for AP, you need to tell them how long you want to stay. Normally it is only for a month or two, but I guess you can ask for longer. The danger is that if you ask for too long, maybe they will deny the application. You can reschedule if needed, but it is better to just attend the interview if you can return in time. Usually, you get the notice a few weeks before the interview, so you should be able to return. Currently, you should be able to return, but of course, Trump has been unpredictable, so you have to watch the news and make sure there are no changes. If you have a basis (like separation from family or a health problem), get evidence of it and ask to expedite your case. You can contact the asylum office to ask about the expedite procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
today i just checked my Z number online and as before i checked it said not valid, but this morning when i checked it said:
On March 9, 2015, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization , Receipt Number #### We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by April 8,2017 please call Customer Service at 1-800-375-5283.
but i applied for My EAD renew october ,2016 and i have arleady got in January 2017 ! Do you think my asylum case was is approved today ? i did my asylum interview 5 months ago
When you get the new EAD, if it says category A05, it may mean you are approved, but contact the asylum office to ask. Take care, Jason
It has been 2 years putting my ZH number in the USCIS website and says Invalid number !! But today i putted it there amd says FEES WERE WAIVED ” for my I-765 ,is this means that my asylum case is approved ?
I have got my new EAD in January ! Don’t why they would said that my EAD were waived while i got it !!
I also tried my ZCH but no luck as it says your case number has no has no status on the website.
You cannot check asylum cases on-line. Take care, Jason
I do not know, but normally, you cannot get info about your asylum case on-line. I recommend you contact the local asylum office to ask about whether there is any news with your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason ,
Thank you for this great blog and your instant answers , your helping efforts are highly appreciated .
I would like to ask there is a mistake in my birthday date on the asylum application I-589 . My EAD issued with the correct birthday date, but now I am unable to get my SSN because of this discrepancy , How to correct it ? Please advise me .
did you file a correction for the date of birth on i-589? you should correct it in their system first.
You can contact the local asylum office and tell them. Maybe they can help you. You can find their contact info if you follow the link at right called Asylum Office Locator. The worst case scenario is that you can correct the problem at your asylum interview, but hopefully, if you contact the asylum office (or go in person), they can help. Take care, Jason
Hi Jason,
I’m thankful for these write ups and been following you for couple of years. Never left a comment but I think I’m going to need to.
I filed for Asylum in Oct 2013 in Seattle and so far there has been no interview. I wrote a letter to asylum and I didn’t even receive anything back. My lawyer has just told me that it’s been slow and has no estimate of when I might get the interview. I’ve just been renewing EAD every year. Do you have any suggestion on what I could do? Thank you and I appreciate your help.
Ricky
And my son is back in my home country in hiding with my siblings. Unable to go to school and do any regular activity.
This is a good reason to expedite – get some evidence about it to give to the asylum office when you make your request – like a letter from your siblings.
You can try to expedite your case based on family separation or health problems (or for any other reason). Especially if you can give the asylum office some evidence that your family is unsafe or that they (or you) have health problems, you might have a chance to expedite. You can ask them about the expedite procedures by emailing them or going there in person. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Sorry – Seattle is a sub-office of San Francisco, so that is the office you will have to contact. I think you should email and not go in person, as it is too far and it may not help, but you can still email them and ask to expedite. Good luck, Jason
Dear Jim,
First of all thank you for providing information and analyzing new policies to immigrants! I filed my asylum case in November 2015 in Arlington, VA, and back then the estimated wait time was 2 years. I have been checking the scheduling bulletin almost every day and finally it was updated to February 2017 but their scheduling is still in January 2014. My concern is that if it takes them more than a year to deal with a month’s cases, then a year’s cases would take them more than a decade, and if nothing changes, I would have to wait for 20 years for an interview while being separated from my family. Why do you think Arlington has been so slow and do you think their speed will pick up a little?
Thank you and God bless you!
You are not along here, Sara. I filed in July 2015 in Arlington, and if things will continue to be as they are now, we will have to wait for an interview for at least 5 years-no joke.
sh**
Laugh
I think because they are busy with “priority” cases. I recommend you try to expedite your case based on family separation. Especially if you can give the Arlington office some evidence that your family is unsafe or that they (or you) have health problems, you might have a chance to expedite. You can ask them about the expedite procedures by emailing them or going there in person. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason, I haven’t enough words to thank you, you have always helped millions people around the USA to relieve their frustration.
I need your guide again regarding my asylum case, I submitted my case in Jan 2015 in NY, it seems I am almost close to getting notice for interview, currently I’m studying MBA and I have final exams during my expected interval dates! What should I do? can I request USCIS to reschedule my interview date and if so, what are pros and cons to do that? I’m already waited for more than two years so do you think rescheduling will again delay my case?
Thanking you anticipation, I’ll ever remain grateful for this.
I think you are worrying about a problem that you should not worry about. Even if you are close to the interview date, there is no way to know whether it will conflict with your exams. If it does, you can ask to reschedule and usually, they reschedule in a few weeks. However, given that the asylum offices are kind-of a mess, it is probably better not to reschedule if you can help it. Or maybe you can reschedule an exam; where I teach, that is possible, and it may be better than changing the date of the interview. I think you can just wait to see what happens and my guess is that you will be fine. Take care, Jason
Thank you so much Jason, I am lean to change my exam dates but if not I haven’t any other option beside rescheduling interview date. I really appreciate your response.
Hi
I granted asylum with my wife and 2 kids last April, we are submitting I-485 next April, our EAD will expire on April 2018, we are from one of these six countries,
My two questions are do you think we will face delay getting the permanent residence although we had to wait 22 month after the interview for background check?
And do you advise me to renew EAD for my kids or they may get deported?
Thanks
I would not apply for a new EAD until 120 days before the current card expires, as there will be too much overlap between the two EADs. If you pay for the I-485, you can use the receipt to apply for the new EAD when the time comes (and if it is necessary). As I read the EO, it should have no effect on your green card application. Typically, we are not seeing very long delays for people with asylum who then apply for a GC, but sometimes there are delays. If your children have asylum, they can remain here lawfully. They cannot be deported merely because the EAD has expired. Take care, Jason
Thanks for the answer,
Do you think that submitting fee waiver for I485 will make the processing time longer?
It is certainly possible, but I do not do many fee waiver cases, so I do not know whether or for how long the delay will be, sorry, Jason
Thank you
Hi Jason I question I made my asylum interview in 3/2013 in Chicago office and last inquiry they said there are unresolved issues in my case and this answer was repeated 2 times before do you think the asylum for people like my case will faster nowadays or not and from your opinion I can stay making inquiries or what?
I am pending asylum till now
We have seen people with long-delayed cases like this. Unfortunately, there is not much you can do that is effective. Keep making inquiries and also contact the USCIS Ombudsman – a link is at right. You might also talk to a lawyer about a mandamus lawsuit. Good luck, Jason
Hi Jason,
I hope this email finds you well. Thank you for support and your advice.
Just a quick question, do you believe that asylum applicants might be at risk for deportation by ICE without court hearings? I just saw on the news where a college “DREAMER” was arrested by ICE and ordered deported. How can ICE detain a DREAMER if Trump said he wouldn’t touch the DREAMERS? I’m confused.
Thank you.
The problem is that the unfortunate “dreamer” let her EAD card expired at the time of arrest. Trump guys will not consider her as a “Dreamer” in this condition. So we should be very careful and not to give Trump guys any excuse to detain us. This is the sad reality now.
I 100% agree. You cannot give them an excuse to deport you. Thank you for the comment, Jason
People with asylum cases pending cannot legally be deported without a hearing before an Immigration Judge and (if they lose) an appeal. The Dreamer went out of status and was vulnerable. She may claim asylum, and if she does, that should block her from being deported, at least until she has an opportunity to present her case (though as another person pointed out on this thread, the new rules make it harder to “win” a credible fear interview, and this may be a problem for the Dreamer). Take care, Jason
Thanks for your response, guys. I know that case (the girl) that you are talking about. I am actually talking about a different, more recent case that involves a young man who is going to college. There was even a protest to try and block his deportation. Even so, I am thinking that these people should be given at least a hearing.
If they claim that they have a fear of return, they are entitled by law to a hearing (though sometimes, ICE officers do not follow the law). Take care, Jason
Hi Jason! How are you? Once again thank you for all the information that you provided to us! It is very helpful!
I just read a news from cnn regarding asylum cases. It said in the news from cnn ” Trump admin quietly made asylum more difficult in the US “. Here’s the link http://www.cnn.com/2017/03/08/politics/trump-immigration-crackdown-asylum/index.html
Lol as it’s not difficult,nerve wrecking and lengthy enough!
This change is related to credible fear interviews (and also to expedited removal). But for people inside the US with pending asylum cases, Trump’s policies have had no effect, at least not yet. Take care, Jason
Thank you so much Jason! Really appreciate your response!