The Attorney General, Jefferson Beauregard Sessions, has been busy “certifying” cases to himself in order to (apparently) reduce protections for certain asylum seekers. I want to talk about two cases in particular, but first, let’s talk about the process that Mr. Sessions is following.
The decisions in question involve cases that were before the Board of Immigration Appeals (“BIA” or “Board”), the administrative appellate body that interprets the nation’s immigration laws. The BIA has been called (sometimes derisively) the “Supreme Court of immigration law.” The BIA is not actually a court in the normal sense of the word (and, by the way, neither are the Immigration Courts). Instead, it is an office within the U.S. Department of Justice. The leader of the Department of Justice is the Attorney General (“AG”). So in essence, the BIA derives its power from the AG, who is the ultimate “decider” when it comes to BIA cases.
What has been happening recently is that Mr. Sessions has been “certifying” cases from the BIA to himself. Basically, this means that he is taking the cases from the BIA and changing the Board’s decisions. In a sense, this is nothing new–previous AGs have done the same thing on occasion. But the concern here is two-fold: Substantively, the AG seems to be moving towards limiting the scope of asylum protections in some types of cases, and procedurally, the AG’s actions do not comport with due process of law, at least as that concept is understood in non-totalitarian countries.
The first case I want to discuss is Matter of E-F-H-L-, 27 I&N Dec. 226 (AG 2018). In that case, the AG vacated a 2014 BIA decision (also called Matter of E-F-H-L-) and returned the matter to the Immigration Judge (the letters in the case name refer to the alien’s initials). The 2014 case stands for the proposition that an asylum applicant is entitled to a hearing on the merits of her application, including an opportunity to provide oral testimony and other evidence, “without first having to establish prima facie eligibility for the requested relief.” In other words, the case is widely viewed as re-affirming the right to a hearing, even if the asylum claim, as articulated by the applicant, is legally insufficient.
In civil litigation, there is something called “failure to state a claim.” Judges routinely dismiss lawsuits if they determine that a litigant’s claim–even if taken as true–does not entitled the litigant to relief. In our adversarial system, this makes sense. Why waste a court’s time (or the jury’s time) adjudicating the facts of a case if those facts do not entitle the claimant to any relief? And why not do the same thing for asylum applicants?
The main objection is that many asylum applicants are unrepresented, and do not know how to articulate their claims effectively. Only in the course of testimony might an applicant’s claim become apparent (and that is especially true in a case like E-F-H-L-, where there is a complicated “particular social group” analysis). Most Immigration Court hearings are fairly truncated affairs to begin with, and so further curtailing an applicant’s ability to present his case makes it even more likely that overworked judges will take the easy route and dismiss an asylum claim before the applicant is able to fully develop his case. The result, of course, will be that legitimate asylum seekers are denied protection.
So it is concerning that Mr. Sessions has vacated E-F-H-L-. But what comes next is not yet clear. The case has been returned to the Immigration Court for further decision-making, and as I read the case, it seems unlikely that the Judge or the BIA would need to rule on E-F-H-L-‘s right to a full hearing. According to the AG’s decision, E-F-H-L- married a U.S. citizen and withdrew his asylum claim. If that is true, there is little reason to think we will hear anything more about this particular case.
The problem, though, is that the AG presumably vacated E-F-H-L- for a reason. I expect the reason is that he wants to create a new standard (in a different alien’s case) for adjudicating asylum claims. What this standard will be, we do not yet know, but given Mr. Sessions’s jaundiced view of asylum seekers, I’m not feeling optimistic. Whatever he does, Mr. Sessions is limited by the statute and by the courts, and so hopefully, it will not be as bad as we fear.
The second case I want to discuss is Matter of A-B-, 27 I&N Dec. 227 (BIA 2018). Mr. Sessions has certified that BIA case to himself and requested new briefs (legal arguments) from the parties and from amici (interested organizations). The question Mr. Sessions wants briefed is this:
Whether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable “particular social group” for purposes of an application for asylum or withholding of removal.
We don’t know, but presumably the goal here is to block asylum seekers who fear harm from “private criminal activity.” This might, for example, block people fleeing harm from gangs in Central America, or victims of domestic violence. It potentially affects other types of asylum claims as well.
The main problem is that Mr. Sessions has asked for briefing on a question that is vague. He has not given us the facts of the case, thus making it difficult to write an effective brief, since cases are fact specific. He even tried to hide the name of the attorney representing A-B-; perhaps in an effort to block advocates from learning more about the case.
This is not how due process works, and I imagine that whatever decision the AG issues in A-B- will be vulnerable to review by the federal appellate courts, which tend to look askance at such blatant (and amateurish) violations of due process.
That the Attorney General of the United States would engage in such obvious procedural misfeasance is very concerning. Since we don’t know what the AG is really asking for, his request for amici briefs is completely disingenuous. Indeed, even if you favor limiting the scope of asylum, you should be concerned when our country’s top law enforcement officer demonstrates such contempt for the rule of law.
Where the AG is heading with all this, we shall see. The widespread belief among advocates is that in anticipation of DACA and TPS ending, Mr. Sessions is planning to roll back protections for certain asylum seekers, specifically people facing harm from gangs and also victims of domestic violence. But he could also be targeting LGBT asylum seekers who fear community (as opposed to government) persecution, victims of female genital mutilation, and victims of terrorist groups, among others.
Finally, it’s difficult not to see the irony here. For years, advocates for asylum seekers have been litigating to expand protections for a wider range of persecuted individuals, particular women, who often face harm not contemplated by the people (mostly white men) who came up with the definition of “refugee” after World War II. However, by pursuing litigation—rather than legislation—we have left ourselves vulnerable to a restrictionist Administration that now seeks to contract that definition.
Don’t get me wrong—I certainly don’t blame advocates for our current woes; we tried and failed legislatively at least once. But I do hope that if the pendulum swings back, and the public mood becomes more favorable, we will try again to create a refugee law that is more in-tune with the types of harm individuals face today. Until then, we are stuck litigating our clients’ cases in an uncertain environment, against an Attorney General who has little interest in playing by the rules.
Hello Jason, What are the requirements when requesting a resident in a third country. Where do you send the letters and related documents? Do you have an example letter? What needs to be included in a letter? Thanks
Sorry, I do not understand the question – if you want residence in a third country, you would need to talk to the embassy of that country. Take care, Jason
On June 28, USCIS announced that non-citizens who apply for a “benefit”–such as an extension or change of status, a green card, or citizenship—would be placed in deportation proceedings if that benefit is denied. Does this policy apply to WOR status holders? Hoping for a better day to come. Thanks
I do not think this is being universally applied, and even if it is, I do not see how it would apply to a WOR recipient – you were already in removal proceedings and were granted WOR. The only issue would be if your home country is now safe, and then maybe they could try to put you in removal proceedings and deport you. Take care, Jason
Hi Jason, I have WOR status. Last year USCIS updated I765 form and one of the question is HAVE YOU EVER BEEN ARRESTED/OR CONVICTED OF ANY CRIME if the answer is YES require to provide court dispositions, and police report. Since I had DUI charge in 2009 when I filed EAD renewal form last year I provided/sent court dispositions, and police report and my EAD was approved. My question for you is when I file for renewal again do I have to send this documents(court dispositions, and police report )? Thank you for your help!
Hopefully, you kept a copy of those documents. If so, I think you should just send them. If you do not, and they want them, it may cause some delay. Take care, Jason
Hi Jason , my asulim case was approved last year on June 26. I am am now preparing my documents to apply for a green card . On the asylum approval letter the status says asylum case approved indifinetly. Now of course with all these news about Jeff sessions bringing down the hammer on asylum laws I am terrified that my green card application will be denied and my case will be disapproved and I will be sent back . What is your opinion on this ? Am I in this danger ? Thank you !
I doubt it, but I do not know anything about your case, so there is no way for me to say. If the case was based purely on domestic violence, that could potentially pose a problem. Otherwise, unless you have a criminal arrest of an immigration problem, or you visited your home country, you should be ok. Talk to a lawyer about the specifics if you want to be sure. Take care, Jason
[…] course, these ramifications extend way beyond harm to religious asylees. Sessions’ apparent attempt to overturn existing law threatens all asylum seekers fleeing persecution from private […]
Hi sir,i have work permit and social security and i am apply for asylum in boston how long was my case finish,sorry for my english thank you.
New cases should generally be interviewed quickly – in a maybe a month or two. Though how this is actually working out is unclear. I wrote about the issue on February 28, 2018. Take care, Jason
Do you think an effective way to preempt (or I guess, stop) the AG is to go on appeal to the circuit courts in asylum cases like these ones?
Yes – the AG’s decision are limited by the law, which is enforced by the federal courts. I think his decisions will be challenged in court, but for those who cannot afford to go to court or pay a lawyer, they will likely have a negative impact, at least until/if the courts block his decisions entirely, which is also possible. Take care, Jason
Hello Jason;
Greatly appreciate your time and knowledge. I was granted asylum in July 2017. How early can I apply for a GC. Can I apply 180 days prior to July 2018.
Many thanks
We used to file 30 days before the one-year anniversary, but then USCIS rejected a case as filed too early, and so now we file after the one-year anniversary. Take care, Jason
Hi Jason,
I read about another referral made by Jeff sessions on a case (Matter of L-A-B-R- et al., Respondents) are you familiar with it? what does this mean for asylum applicants with an LGBT case
Sorry, I have been away during a religious holiday and I have not seen it. If there is something of interest there, I will write a post about it. Take care, Jason
Thank you James. I applied for Asylum in Houston office in 2016 June. I have received my interview letter but am not well prepared as the date of the interview is too soon and I need to find a lawyer to help me prepare. How can I change the interview date?
Also are there good immigration lawyers you can suggest here in Houston?
Thank you
How long you wait your interview? When did u get your interview mail? Can u share this ? Thanks a lot !
Hi I had an interview at the Houston Asylum office in January, I still haven’t yet received my decision yet. I used the Powers Law Group my attorney was Jose Aponte- they were there for me all the way. I hope this helps. Good luck
Hi Ashton,
I applied in Sept 2016 at Houston office too but haven’t got any interview notice yet. Did you have your case expedited? Thanks!
No I did not have my case expedited. I just received a letter in the mail.
I applied in June 2016.
How long you wait your interview? When did u get your interview mail? Can u share this ? Thanks a lot !
You can contact the asylum office and ask them to postpone the date – that should give you a few weeks. You can find their contact info if you follow the link at right called Asylum Office Locator. I do not have a lawyer to recommend in Texas. Take care, Jason
I have a pending asylum since December 2015 in San Francisco AO.Does anyone have a case from San Francisco year 2015 and got a call for the interview recently
Hi Jason,
Thanks for all your work.
I have Pending asylum application since 2015.
Is it true they do not call for interview if I have valid TPS Status?
Please I look forward your response.Thanks.
Kusher,
I have never heard that. We have TPS clients who were interviewed for asylum. As far as I know, TPS has no effect on the interview schedule. Take care, Jason
My lawyer received my Final Approval notice today, although I am yet to receive it, and my receipt number still doesn’t show anything on the case status check website. I am so happy!
Here’s my timeline below:
Applied in January 2016 at Chicago AO
Received first EAD 60 days after the initial 150 days had passed.
Interview in September 2017.
Decision date on the document my lawyer received was 03/02/2018.
There was a notice that came from the asylum office that my case was terminated (03/01/2018), it turned out to be a mistake and my case was approved.
big Congrats! welcome to the US!
Congratulations! Great news and thank you for sharing, Jason
Congratulations. I submitted my case before you at the same office and was interviewed 8 months before you but I never received any decisions. I am so happy for you
Broken,
Try writing to the ombudsman and your local Congressman. I think in my case, they may have helped speed things up.
Thanks Pending,
I have been discussing all these venues with my lawyer and hope we will soon take action. Thank you for your advice
Hi there Jason,
Thanks a bunch for answering all these questions at no charge. This blog is fantastic for legal advice even after the asylum is granted.
How long does it take to receive i94 after asylum was granted by an immigration judge. I did apply over infopass appointment. He took judges decision and said that’s it. No further, proper information was given. Should i schedule another appointment or wait?
Thank you so much.
A
If you go to the Info Pass appointment, they should take care of the I-94 and also get you a new EAD (based on asylum granted). I do not know why you would not receive the I-94 immediately on the same day. Maybe you need to make a new Info Pass and follow up. Take care, Jason
Thank you for the response.
From what i understand sometimes they print and issue it at USCIS right away, but many wait for some kind of a notice. He went to the back of the room for about 10-15 minutes with IJ’s decision and told me he was looking if there are any documents for me. I have scheduled another Infopass appointment which is like 20 days from now.
Thank you Jason.
Mine took 3 weeks and came by mail. Also got a information letter with it saying how to get ssn and selective service registration.
Hello, Jason
Thank you for all your post and answering questions.
I have a pending asylum case based on lgbt since February, 2017. I have been a full time student, maintaining f-1 status since i came to the USA. Several months ago, I received my EAD card. In January, 2018, I applied for Advance Parole to go third country to see my mother who is very sick. I have a couple questions regarding my situation.
1. Am I safe to enter the USA after the third country trip with my AP. I don’t have any criminal record and never been out of status.
2. Will it affect to my asylum interview negatively in the future? 3. Is there any way I can ask to expedite my Advance Parole application now? Because looks like USCIS is working very slow on AP like at least 3 months or longer. If yes, how do I request the expedition?
Thanks again,
Best
1 – I have not heard of anyone with valid AP being denied entry. Keep an eye on the news in case the travel ban re-surfaces, but as of now, it seems safe to travel. 2 – Unless you visit your home country, it should not have any effect. 3 – You can try. I wrote about that on September 11, 2017. I think at this point, you would have to contact USCIS by phone, by mail or in-person to ask. Take care, Jason
Hello Jason,
I just had my asylum interview, and the asylum office called to inform me that my decision will not be ready in 2 weeks. What has been the average wait time for receiving a final decision at your law office?
There is no average time. More than half of the applicants receive such call and waiting times varies between few weeks to many months. I know people who waited for just one month for the final decision and some people who waited 7 months and still waiting. So it is not predictable and be patient. one thing, if you are a male from middle east or have common muslim name, be prepared to wait a little longer.
This is very common and happens to the majority of my clients (a pick-up becomes a mail-out). There is no average wait time that I can see. Most cases are probably resolved in a few months, but some last many months and we have some people waiting years. Most–but not all–of the very slow cases involve men from Muslim countries. Take care, Jason
Hi Jason,
Thank you for helping all the Asylum Applicants here! you are awesome.
I have a couple of questions:
I applied for asylum on September 2017.
I am an OPT student, and I am currently renewing my OPT EAD (Applied for renewal STEM OPT on January 2018), and the application status hasn’t been updated (it takes 90 days).
My wife and I applied for asylum based EAD on February.
My wife’s Asylum EAD application status was updated yesterday to “New Card is Being Produced” and mine is still in “My Case was Received”. We sent the EAD applications at the same time, her case number ends in 50 and mine in 51.
Could I have any issues for having 2 EAD applications being processed at the same time?
Have you had clients whose EADs don’t arrive at the same time although they applied at the same time?
Thank you so much!
I have not had such a problem, but I do not know whether we ever filed for two different EADs at the same time. I think it is too soon to worry, but if you do not see any change in a few weeks, you can call USCIS and ask about this. You can find their phone number at http://www.uscis.gov. Take care, Jason
I meant, have you had a couple that applied for work permit at the same time and one of them didn’t get the permit? My wife’s work permit was mailed today while my case status is still “received”.
Thanks sir
in many cases, I would say 9 out of 10, husband and wife get their EADs in different dates even if they applied at the same time. two applications are processed separately and it is very rate that they are completed at the same time.
No, but we have mailed cases at the same time and gotten the result at different times. That is common. Take care, Jason
Victor,
This is very common. This happened to me whenever I applied for or renewed my EAD with my spouse. Even though we sent the applications in the same package, one would be mailed/produced weeks before the other. I know another couple who experienced the same thing. I wouldn’t stress over this.
I also filed in September 2014 and only now was called for interview
which office ?
N J
Hi All!
Is there anyone who filed from January to December 2017 and got a call for interview? Last week, a friend of mine who filled in september 2014 is called for interview. I cant understand what is going on with the calling pattern!!!!
I wrote about this mess on February 28, 2018 – maybe that would help. Take care, Jason
@Jhon
Applied in March 2017 and called for interview in February 2018. Total 11 months span time. But missed interview date… Requested Reschedule interview the office in person visit and Thanks to Mr. Jason’s valuable advice, request is granted. Waiting for another notice to show up.
Regards
Which office
NEWARK …
Dear, I received same your note, (we are unable to approve your request for to be placed on the short-notice list. Your file is currently in transit to the Newark Asylum Office (ZNK) and until it arrives, we cannot approve expedite processing. However, you may wish to resubmit your request in 60 business days for consideration.te that you shown before)
what you did after that to get the appointment? please help.
I have pending asylum case since July 2015. I haven’t got any interview call yet. My boyfriend lives back home. We want to get married. Can he come on B1/B2 visa and then we can get married here as I can’t go back home? After we get married can I add him on my asylum application while he will be staying with me in the USA? I don’t know how is it gonna work. I will be really grateful if you can suggest me what to do. Thanks.
If the US government thinks he will violate his B visa by staying in the US, they will deny him entry. But if he gets here, and marries you, he can join your case. Sometimes it is tricky to join a case, but it is possible – ask the asylum office about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear
As I stated last time I am now an asylee thank you to your guidance and help.
I am now preparing to file I-730 for my family. I think my family will have an interview at the embassy. Please would you (or any member of this web site having experience on this) share the type of the interview.
My second question is if an asylee used like Medicare benefits, is there any effect when sh/e apply green card and citizenship.
I do not know about Medicare. Typically, the embassy interview is pretty easy, though, and normally they would not ask about the substance of the asylum case. However, I suppose they could ask about the asylum case, and so maybe your family members should be familiar with it. Take care, Jason
Hi Jason!
Thanks for your work, I really appreciate that.
I’m filling the for for the EAD base on a pending Asylum but my I-94 is expired so i don’t know what to write on the part: “current status” on the form.
Thanks.
Asylum seeker with pending application
Thanks Zac.
Just write pending asylum.
I don’t know your case, so I cannot really say. But normally, if a person had a status that expired, we write that (for example “B visa expired”). Some people also write that they have a pending asylum case. It depends which question you are referring to. Take care, Jason
Hi Jason,
I am in the US and I applied for relative asylum (I-730). I heard that they will call me for an interview. Do you have any client that won the case recently and if yes how the interview looks like for I-730 case?
Jack
If you won asylum and filed an I-730, I do not think you will be interviewed again – we have not seen that. If your relative filed an I-730 for you, I expect you will be interviewed at the US embassy (if you are abroad) or if you are in the US, you will either be interviewed as part of the I-730 process or when you later apply for a green card. Take care, Jason
Dear Mr. Dzubow,
I have a question not related to this article in particular, but if you can help me I would really appreciate it.
I am a student on a valid F1 visa with a Syrian passport. As of the ban that was accepted by the Supreme Court on December 7th 2017, I have been scared to risk my chances of leaving the country to go see my parents and come back as I might not be able to come back.
Are there any updates on the ban from December 7th? Do you think I am also affected as a student studying in the US if I leave and come back?
Thanks,
Sara
Sarah,
I’m not Jason, but I think ban has nothing to do with Affirmative Asylum seekers who are already in the country.
If you have a strong case, you should definitely apply as soon as possible.
I don’t think she’s asking about asylum (she’s going back to Syria) rather the situation for visitors/student visas.
I have not dealt directly with that issue, so I cannot advise you about it. I do think if you want to leave and return, you should consult with a lawyer just to be safe, since the ban keeps changing and it is not easy to keep track of what is happening. Take care, Jason
There is strong possibility that u will have problem coming back . laws can change over night at this point
Hi Jason. I had my first interview in January of this year and was called again after a month for second interview. Both went well but I haven’t received any decision yet. It’s almost 3 months. I have TPS too. Is my asylum result delayed due to my TPS status?
The uscis website says :
“In most cases, you will return to the asylum office to pick up the decision two weeks after the asylum officer interviewed you.
Longer processing times may be required if you:
Are currently in valid immigration status”
Do you think my TPS status is affecting my asylum result?
Thanks,
Desi
I don’t know if the TPS is affecting the asylum. Maybe there is an issue of your file being in a different office (for TPS) and so the asylum office is waiting for it, but I do not know. The fact that you have TPS should not impact the outcome of your decision. Also, it is very common for there to be delays in decisions, so it may just be a “normal” delay. You can always contact the asylum office to inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I have applied to asylum by 2017-Feb. My case in newark office. I have found a job and moved to Michigan. Is it mandatory to do a change of address? My address in NJ is safe and secure. Since I have no idea how long I will be staying in Michigan, I want to keep my case in NJ and continue to proceed my asylum process there while I am living in Michigan. are there any worries?
If you have moved permanently, you need to change your address. If it is a temporary move, maybe you can avoid doing that. However, you may need to explain to the asylum officer why you had a job in Michigan but were claiming to live in NJ. If they think you are lying about your address, it could affect the outcome of your case. I wrote more about this on June 24, 2015. Take care, Jason
Hi Jason
I have a weird problem, I didn’t know where else to post
I applied for asylum last year, and I sent my EAD application last month, I waited, uscis sent me a text saying that my form was received and they would sent the receipt to me
Now is where stuff happens, they sent the receipt to a family address (mind you, an address I NEVER wrote on the submit, neither on any of my asylum papers) I immediately called uscis and they claim that the address was changed, my EAD was approved but it’ll arrive to this address since they couldn’t change it back
Is that normal? My lawyer told me that’s really unusual
You should be able to change the address, but it certainly is unusual. Perhaps someone in your family got your info and changed the address? I think you should contact the asylum office directly and tell them about your concern, and about the problem with the EAD. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I have one question regarding SSN. In the approval letter, it shows that I may apply for the unrestricted SSN immediately. However, when I went to the SSA office and showed my approval letter/i94, the officers told me that they only accept green card. I am so confused. Do you have any idea with the situation? Thank you.
The same happened to my friend, go to a different office or look for letter online about the unrestricted SSN, print it and show it to them
Thank you HA. Did your friend get his/her unrestricted SSN finally? I found the info online as below. Hope it helps.
https://secure.ssa.gov/poms.nsf/lnx/0110211205
Most worker in SSN office don’t know,
In the orientation after granting asylum, the first thing they talk about is the unrestricted SSN
I am not sure, but I do not think it really matters. If asylum was approved and you have a work permit and an SSN, you can work lawfully. Take care, Jason
Thank you Jason.
same to you i m waiting to my greencard then i go again ss office
This happened to me as well. I told them it’s clearly stated on USCIS website that once asylum is granted, you can apply for unrestricted SSN. He kept saying we need “green card.” I agree you should print and show them what USCIS website states. They tightly work together.
Good morning Jason !
Iam about to apply for gc based on asylum, i cant afford paying the fee for the application, iam willing to apply for a fee waiver , does this “applying for fee waiver” have any negative impact on me or on my gc application or its processing time or approval !!? Iam applying based on income level below 150% from poverty line
Thank you
The fee waivers are not always approved, and they may cause delay even if they are approved. But if you are eligible and cannot afford the fee, you should try it. Take care, Jason
Thanks Jason
I hope no delays
Iam sorry to bother you with more question , does it cause delay till they accept the fee waiver “i912” i mean before they accept your case and send you receipt this is where the fee waiver delay happens? , or it causes delays to the “i485” gc application itself, i mean after they accept your i912 and you do biometrics and then waiting for i485 process itself?
Thank you
Hello George!
I applied for my greencard based on asylum last month. I used a fee waiver. I sent in the fee waiver with it (along with an application for another EAD which says Im an adjustment of status applicant-I also asked them in the fee waiver to waive the fee for the EAD too.)
I sent it in late January, and in mid February I got two emails from USCIS (one for the greencard and one for the EAD) that read:
“Your case has been accepted and routed to the USCIS Nebraska Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number LINXXXXXXXXXXXXX. With the official Receipt Notice (Form I-797) you may visit http://www.uscis.gov where you can check the status of your case using My Case Status. We suggest you wait until you have received your Form I-797 before checking My Case Status.”
When I went online and typed in the receipt number for each, I see this:
“On February 1, 2018, we received your case and waived the filing fee for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number LINXXXXXXXXXXX. 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 March 3, 2018, please call the USCIS Contact Center at 1-800-375-5283. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.”
I also got a letter in the mail at the end of February that asked me to get finger printed for the two applications on March 16 (last friday) so I went and did that. The finger printing was pretty fast. They took only only finger and they said they found the rest saved from the time I applied for asylum.
I hope this helps, as I wish I had someone to help me when I applied. I was scared but now Im confident.
Good luck!
This is helpful – thank you. Maybe the fee waiver is not any slower than the regular process. Keep us posted about how the case proceeds. Thank you, Jason
Thanks a lot thomas , this is really helpful, keep us updated please
I do not do fee waivers (since our firm is for-profit, and if they are – hopefully – paying me, they have to pay the government), so I don’t really know. But I have seen people who do them, and the waiting time seems longer. This makes sense, since there is an additional form to process. At exactly what stage the delay happens, I do not know. Take care, Jason
Thansk Jason
[…] Attorney General Seeks to Limit Asylum… or Something (The Asylumist, March 2018) [text] […]
Hi, Jason.
I applied for EAD almost a month ago. Today my status changed to “Name was updated”. Do you know what does it mean?
Thank you!
I don’t, but hopefully it means they are making progress with the case. Take care, Jason
Hi Jason,
I was granted asylum recently and a couple weeks after I received an email from FDNS regarding my first lawyer (I terminated the contract with her since she just took my money, didn’t have a license and misled us).
They’re asking did I get back my money since I had to file a complaint with DOJ.
Is that normal for FDNS to contact with asylees this way?
Thank you
Hi Alex,
Can we have the name of that attorney to avoid her in case someone may be hired her.
Thanks,
Sorry, I would not allow such info to be posted here, and would have to take it down if posted. Take care, Jason
I do not know why FDNS is, sorry, Jason
please how long will a person with refugee green card stay before visiting the home country
Never.
You filed asylum because you were afraid to return to your home country. If you have family there, it is better to meet them in a third country.
Even when and if you do get citizenship, there may be questions at the US entry point about any trips to your home country.
It could happens but not always, the airport officer be suspicious of fraudulent asylum claim and you have to proof that’s the situation in your home country has been changed. On larger scale though it makes asylum cases for people in real danger difficult, hence why AG is after that.
It is safest to wait until you have US citizenship before visiting the home country. If you go earlier, there may be a risk to your immigration status. How much of a risk, depends on the specifics of your case – talk to a lawyer about that to get a better idea. Also, I wrote about this on January 6, 2016 – maybe that would help. Take care, Jason
Normally you should not visit home except if there’s urgent need for it. In the past, most asylees have visited their home countries and returned without much issues, except maybe for a few extra minutes of questioning spent at the port of entry. You must have a valid reason to visit home, for example to go visit your sick parent or sibling. Depending on your case, you should be able to explain the efforts you made in trying to avoid persecution while you were home. If you must travel to your home country, travel with a US travel document and never with your native country’s passport.
Generally, it is much safer to visit after you have obtained your US citizenship. I hope this helps.
If you won asylum and go to the home country, there is some risk that you will lose your status in the US. I wrote about that on January 6, 2016. Take care, Jason
Hello,
First of all I wan to commend Jason for the great work on this blog.
My EAD is expiring in 8 months (November 2018), should I apply from now or wait for a little? I’m not in a luxury to wait for Renewal once it’s expired cause of Job.
Gracias
You can apply for EAD 180 days (about 6 months)before it expires, so don’t fill now, because too early it will be returned which is a waste of time and money. Right now renewal takes quiet a long time, so just as soon as it reaches 180 days, I think you should file any time after that… hope you can keep us updated your time line! Thanks!
Assuming the EAD is based on asylum pending, the earliest you can apply is 180 days before it expires. If you file before then, USCIS will reject the application. Once you file, the EAD is automatically extended for 6 months. I wrote about that on January 25, 2017. Take care, Jason
Hi Dear Jason
Firstly, I really appreciate that I can find a very comprehensive answer to almost all of my questions on your webpage!
I have applied for asylum in Dec 2017 in Los Angeles office and currently, I am on F-1 visa. I will be eligible to apply for EAD in May 2018 but I have to move to Orlando in late April 2018.
I am looking to have my EAD without experiencing any delay, Do you think change of address in my Asylum application will delay my EAD card process?
When do you recommend me to apply for changing my asylum office location? before or after applying for EAD?
I truly appreciate your time 🙂
In the old days, if you moved, the “asylum clock” stopped and you would not get an EAD. That rule changed, and even if you moved, the clock did not stop. However, they changed the rules again on January 29, 2018. They did not mention anything about the clock, but I would be careful about this. I think you are far safer not moving or changing your address until 180 days have passed since you filed. That will ensure that you can get the EAD (you are allowed to apply for the EAD after 150 days, but the clock must reach 180 days in order to actually get the EAD). Take care, Jason
Thank you, Jason. This is by far the most resourceful asylum blog I’ve come across. I’m in F1 status, but that is likely to be terminated in 4 or 5 days. My i589 is (almost) complete with my lawyer ;). Does it make a difference if i589 is filed before one gets out of status, or afterwards? If we file i589 while in F1, then while its processing I go out of status, does that mean I won’t get an interview?
It does not matter if you go out of status – the asylum process is the same. However, if you were in the US for more than one year, you should file within a reasonable time after you go out of status – the sooner the better, I suppose. Take care, Jason
Hi Jason
I am a derivative Asylee. It’s been about a month since I’ve been to USA. I have neither received my Social Security Card nor Employment Authorization Card. Lately I called USCIS to check if there were any hindrances on getting it but the informer there mentioned that there was no record of my arrival as well as the filled form I-765. Also I have a stamp on my passport that says employment authorized which I got at the immigration office section at the port of entry.
What should I do next? Is there any way I can know about my status on getting the Social Security Card and Employment Authorization Card?
Your suggestion is as always highly appreciated
Thank you
Take Care Jason
Maybe you should go in person to the USCIS to ask about this. You can make an Info Pass appointment at http://www.uscis.gov, under Tools. In any case, you are authorized to work, so maybe you also want to go to the social security office or contact them to ask about the card. Take care, Jason
Hi Jason,
The judge administratively closed our asylum case at our MCH.
1. What’s next to us?
2. What’s the simpliest meaning of admin clossure for us to easily understand?
3. Can we travel outside US?
4.what’s the possibility of re opening our case?
God bless.
Thank you.
I cannot answer without more information, as it depends on why the case was admin closed. You might want to consult with a lawyer to try to understand your situation. Take care, Jason
Hi Jason – Thank you for always giving us up-to-date news on asylum. I was granted a recommended approved for asylum in Arlington Office last month but still haven’t received the main Approval letter as they say they do background checks. If you know, how long does it take to do background checks and to receive an Approval letter via mail?
Thanks
There is no time frame. For most people, it is a couple months, but some unlucky people wait many months or years. If you do not have a decision after 90 days or so, contact the asylum office and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Jason!!
Hi Jason,
Me and my dad both applied for Asylum (I’m over 21) and got our receipts on different days. Now I got a paper about my interview but it begins with “You and your family members on your form I-589 are scheduled for interview”.
I don’t have any dependents, so I was wondering if this paper is referring to my dad as “family member”? Does that mean we both should go to the interview? The interview is in a different state. Thank you!
I am not Jason but I believe that it is just a longer stock note that they surely send to every body. So, you are the only person who should show up for interview if you and father applied differently
I think that is boilerplate language. If your father’s name and A number are not on the letter, he should not have to go. If you want to double check, email the asylum office and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
This is worrying. How would this affect current asylum applicants, asylees who are going to adjust to PR, and people who are waiting on background checks or given RA? If they pass it, how would it affect people who are already given asylum? Can he be stopped by a higher court/ any other entity?
I don’t know, but my guess is that they will have their hands full with new cases and will not be able to try to take asylum away retroactively. I do not even know if that would be legally possible. We do have to wait and see what they do, and whatever it is, we can expect challenges in federal court. Take care, Jason
hi Jason
I have submitted my case last year . Just received EAD, no job yet.I am pregnant .As asylum seeker and virginia resident can I be eligible for MediCaid Insurance as pregnant woman or any sort of insurance for pregnancy woman.
YES! you can apply for medicaid based on your pregnancy. contact with your local medicaid authority for application. Normally, non-residents can apply for medicaid only in the case of pregnancy.
Thanks Allen
I feel relieved , I was worry about my situation .
Thank you, Jason
Yes Sarah!
They will give you insurance and also WICS. Go to health department and talk to them.
I don’t know. You might try Googling “Catholic Charities” + the name of your city. That office helps all immigrants and they often know about public benefits that might be available. Take care, Jason
These all seem hectic and disturbing to prospective immigrants, but Trump is not a fan of the attorney general. Sessions might be excused, or Trump might be impeach in a couple of years. It is impossible to survive in the political atmosphere Trump created himself. Half of his staff is gone, Republicans don’t like him, media is humiliating the president day after day (cnn,cbs,nbs,snl etc.), and the approval rating is generally low.
This won’t last long and hopefully the damage will be insignificant on this unfortunate 3% of population that’s being blamed for each and every misfortune America has.
Let’s hope you are right. Take care, Jason
You also Jason. Thank you for all the hard work.
I submitted my case in December 2017, got a receipt the same month, did my biometric in Jan 2018, and have since been waiting interview. I read that USCIS is working on December 2016 and December 2017 cases. They are almost completing those cases and I have not recieve letter for an interview yet. If those cases for the above dates are done with my case been done, what can I do if they passed and start working on other cases submitted for other months? Is it that they had sent me invitation for interview but I did not respond or attend? Is it that there may be a problem with my case? Or is it normal to pass some cases submitted for months that are currently been interview? And do I have to wait for all other cases before or after me to be interview before my case? Lastly, will they accept my application for EAD if I apply after the 150 days waiting period?
No one knows exactly how cases are being processed, and it varies by office. I wrote about that on February 28, 2018. If you think they passed over you for an interview, you should contact them and inquire (of course, make sure your case is complete and ready to go). You can find their contact info if you follow the link at right called Asylum Office Locator. As for the EAD, after 150 days have passed, you can file for it. Take care, Jason
Did u get ur EAD card?
Dear
Firstly thank you for your effort to help us. I asked you dear before two weeks about my interview and today I got an Approval letter. This is part of your effort dear. If you remember I expedited my interview. The office gave me a letter of approval and I-94 form.
Dear, my family are back at home and I want to request i-730 form for my family. Can I do immediately (Now)? Or what can I do? What are the next procedures sire?
Generally what are the next steps dear?
Thank you
Can u share how you expedited your interview? And when you apply for your case? Thanks a lot.
Congratulations on winning the case! That is great news. You can file for your family members immediately using form I-730 (one form per person). Hopefully, they can come here soon. Take care, Jason
Dear Kibr,
Congratulations on your asylum approval. It is really good to hear that some people are receiving approval. Could you possibly share your timeline? When did you apply? Where? and how long did you wait for interview and stuff?
Hi Jason,
I have a question which is out of your topic.
If the passport of a pending asylum applicant been expired, can s/he apply for Travel Document? as Advance Parol cannot be used in lieu of the passport.
Thanks
You can only get a Refugee Travel Document, which is used in lieu of a passport, if you win asylum. Otherwise, you are stuck with AP and your home-country passport, which can be a problem for asylum seekers. Take care, Jason
Hi Jason. I need your valuable advice please
I requested for short listed interview couple of months earlier and was granted. Today Got a letter stated” I missed my interview in last month date”.
I never received any interview notice, email or phone call from USCIS even though I always received all correspondence on the same address. I never changed my address in USA too.
1. How should I present ” good cause or reason to reschedule my interview in 45 days time”? And how should I reschedule it again?
2. I heard for short listed applicant they contact through phone calls or emails promptly. Is it true ? Then why Would they mail me a letter for shortlist notice interview?
Regards
Which office you applied for short list notice ?
Newark Office
When u had applied?
Applied in March 2017.. Interview notice issued in February 2018( according to office). But I never received… so missed interview date… Trying to rescheduling now..
1 – Contact them and tell them what happened, and explain that you still have the same address and phone number. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – It may depend on the office. They usually contact us by mail, but sometimes they call. I do not think my office (Virginia) has emailed me for a short list case, but other offices might (and even Virginia might, but I have not seen that). Take care, Jason
Hi Jason ,
could you please or any one here advise me where the best office to submit my asylum case; i’am an christian from Egyptian, i know i should be live in the same areas that belong the office so i will go and lives any place , i just need to know what is the best office, i read all your articles about this subject but i’am still confused, i know too all things is depends on my case but the officer sure make a different if he nice or not so i need to know which office is better to make my interview with good officer , i’am so afraid ):
thanks
There is really no way to answer this question. You can look at the statistics I posted on February 7, 2018 and follow the links. Maybe that will give you some ideas. Take care, Jason
Hi Jason !
Thanks for all your work. Appreciate that
Do you see or hear any changes now in waiting time for Individual Hearings in courte, after last changes. I was just wondering if they gonna apply LIFO in courts aswell…
Thnx , take care
I heard that LIFO cases referred to court would be done on an expedited basis, but is seems hard to believe that the courts can accommodate that. We will see, as it is still too soon to know (we have to wait for a LIFO case to go to court). Take care, Jason
Thank you jason.
We are expecting lot of changes coming soon. 😒