With all the bad news related to refugees and asylum seekers, I thought it might be nice to discuss something positive: What happens when an asylum case is granted?
The fact is, despite the best efforts of the Trump Administration, people are still winning their cases. They are winning affirmatively at the Asylum Offices, and defensively in the Immigration Courts. There are some differences between an affirmative and a defensive grant, and we’ll talk about those first.
If an applicant wins at the Asylum Office, she receives a letter indicting that asylum was granted. The date on the letter and the date of the asylum grant are usually not the same. To find the date that asylum was granted, look in the body of the letter on the first page. It will indicate that “asylum was granted on” a certain date. This is the date that matters for purposes of applying for a green card and obtaining certain government benefits.
If asylum is granted in Court, the Immigration Judge will issue an order stating that asylum is granted. If the DHS attorney appeals, the case is not over, and will have to be adjudicated by the Board of Immigration Appeals. But if DHS does not appeal (or if the BIA has already indicated that asylum must be granted), then the case is over and the applicant has asylum. There is one more step that the applicant must take in order to complete the process. The person must bring his approval order and photo ID to USCIS, which will issue an I-94 indicating that the person has asylum, and will also create a new Employment Authorization Document (“EAD”). You can learn about that process here (check the link called post-order instructions).
As soon as asylum is granted, you are eligible to work in the United States, even if you do not have an EAD (see Working in the United States). You can also get an unrestricted Social Security number by contacting the Social Security office.
A person who wins asylum can file an I-730 petition for her spouse and children. To qualify for an I-730, the marriage must have existed prior to the date that asylum was granted. For a child to benefit from an I-730, the child must have been under 21 and unmarried at the time the asylum application was filed. If the child turned 21 before the asylum case was granted, he is still eligible to benefit from the I-730. However, if the child married after the case was filed, he is not eligible to bring his own spouse and children to the U.S. through the I-730 process.
One year after asylum is granted, the alien may file for her lawful permanent residency (“LPR”) (her green card) using form I-485. We used to advise people that they could file for the green card 30 days prior to their one-year asylum anniversary, and this used to work. But then we filed a green card application early, and USCIS rejected it. Since then, we have advised our clients to wait one full year before filing for their residency. Principal asylum applicants do not generally receive a green card interview, but dependents usually do. When you receive the LPR card, it will be back-dated by one year (so if you get the card on May 21, 2018, it will indicate that you have been an LPR since May 21, 2017). You can apply for U.S. citizenship based on the earlier date listed on the card.
A person who wins asylum can obtain a Refugee Travel Document using form I-131. This document is valid for one year and is used in lieu of a passport, but there are some limitations. For example, returning to the country of feared persecution can result in termination of asylum status or lawful permanent residency (I wrote about this here). Also, not every country will accept the RTD as a travel document, so you have to check with the country’s embassy in advance.
People granted asylum may also be eligible for certain government benefits, including referrals for short-term cash and medical assistance, job development, trauma counseling, and English as a Foreign Language services. The Office of Refugee Resettlement has a state-by-state collection of agencies that can help with these and other services (once you identify agencies near you, you have to contact them directly). For those granted asylum affirmatively, the Asylum Office sometimes holds meetings to explain the benefits available to asylum seekers. You would have to ask your local Asylum Office about that. Be aware that after the case is granted, you have a very limited time to access most services, and so the sooner you reach out to provider organizations, the better.
Asylees are eligible to attend university (asylum applicants who have an EAD are also eligible to attend most universities). In many cases, universities offer in-state tuition to people with asylum. There may also be scholarships available. You would have to reach out directly to the university to learn more about tuition discounts and scholarship money.
Asylees also have certain legal obligations. If you are a male asylee (or a dependent) between the ages of 18 and 26, you must register for Selective Service. LPRs and citizens are also required to register. Also, like everyone else, asylees have to pay taxes and follow the law.
Finally, asylees and LPRs must inform USCIS whenever they move to a new address. You are required to do this within 10 days of the move. You can notify USCIS of your new address by mailing them form AR-11 or filing it electronically. Either way, keep evidence that you filed the change of address form.
Especially these days, I view every asylum win not only as a victory for the individual, but also as a victory for our country. Whether our leadership understands it or not, our nation is defined in large part by how we treat those coming to us for refuge. So if you have been granted asylum in the U.S., thank you for still believing in the American Dream–it helps the rest of us keep believing as well. And of course, Welcome to the USA!
Hi Jason
Thanks for the help
If ones I-485 application is denied for incorrect fee and reapplied
1.Do one get a new receipt number when uscis received the correct fee?
2.Does the process time considered from the first application (even if it’s rejected for incorrect fee)?or from the time they received the correct fee.
3.Does incorrect fee means everything else is okay except for the fee?
Thanks
1 – I think it will be a new number, but I am not sure – it may be the same. 2 – I am not sure. My suspicion is that USCIS does not give any priority to re-filed cases, but I have never seen any statement from USCIS about that. 3 – Not necessarily, but at least it should mean that there are no obvious errors that would cause the case to be rejected again. The recently changed the I-485 form, so make sure you are re-submitting using the most up-to-date version of the form (check the first page of the form, bottom left hand corner). Take care, Jason
Hello Jason. Thanks for always being there for us.
Quick question:
Is it possible to request for an expedite for forms i 730 Relative petition?
I petitioned for my family after been granted asylum. But their humanitarian condition is too bad and the decision is taken too long.
Help please.
Thanks
Typically, you would make that request when you file the I-730 (and USCIS would typically ignore the request). However, if you have the I-730 receipt numbers and some evidence of the emergency, you can contact USCIS and ask to expedite. You might try doing that in person by making an Info Pass appointment (see the Info Pass link at right). These appointments have become hard to get, but maybe if you try early in the morning (1:00 AM or 2:00 AM), you will have some luck. Take care, Jason
Hi Budyboy,
Can you please share when did you apply? I am also still waiting for mine. Are you from one of the ban countries?
Thanks.
Hi Jason,
Can u share something about u expedited your case in Houston. I did the same thing in Houston last week . But How long do they need to deal with? And How do I know the expedited results? Thanks so much.
If I remember correctly, the office was not very responsive and it took about 6 months and then they scheduled an interview. I also think the client was inquiring with the office herself. She had some health issues and we provided evidence about that, and then they expedited the case. We are still waiting for a decision and it has been maybe 2 months since the interview. Take care, Jason
Hello Jason,
Many thanks Jason for being there for us in our asylum journeys. I am one of the few lucky ones with a granted asylum in the new LIFO system. Here is my timeline if it means any hope to anyone:
-Asylum pending as of 22 March, 2018
-biometrics done on 13 April, 2018
– interview schedue sent on April 16, 2018, interview due on May 5
-rescheduled interview for 7 May upon USCIS request
– Interview conducted on the 7th of May with a pickup request for the 21st of May.
-Asylum granted on the 21st of May.
I can be a witness that the new system is functioning with the right case and of course a bit of luck 😁
Great!!! Congrats. Do you mind if you can tell us How long the interview took? which office?
Airlington, VA
The interview took nearly three ours
What office did you interview at? Mine was in SF on December 21st, ’17 (I had waited for over three years), and asylum was granted in mid-April ’18.
Congrats lucky man . I am still stuck waiting for a decision 16 months after interview . You are really lucky
Congrats! I have almost the same timeline but instead of pick up request at the end of the interview, the officer gave me a letter which mentioned the result will be mailed to my address. I think I should expect a long waiting for decision right?
Congratulations and May we all find favor someday like you.
Thanks but no favoritism here my bro in any form or shape. A plausible case and a system that is supposed to respond to such a case in this way. That is what happened in my case. But I am sad that the system is not responding to genuine cases of many fellow asylum seekers the way it did in my case.
Not necessarily. The shortest wait time for a decision that we ever saw was for a mail-out. It took three days, including the weekend. But that was probably 4 years ago. In any event, hopefully you will get a good decision soon. Take care, Jason
Thank you for sharing. It is really unclear what is happening in Arlington in terms of interviews, so your news is encouraging. I wish you good luck in the USA! Take care, Jason
What was your Country-of-Persecution? I had my interview on 7th of May too, and was told to come back on 21st of May to fetch the decision as well, but then on the day they said its still pending background checks and changed it to a mail-out decision.
Such delays are common. It is normal for them to call you in advance so you do not have to waste your time coming in, but unfortunately, they do not always do that. Hopefully you will get a good decision soon. Take care, Jason
[…] What Happens When Asylum is Granted? (The Asylumist Blog, May 2018) [text] […]
Hi Jason,
Thank you so much for this wealth of knowledge.
I wish to know if the shortlist is still applicable at the los Angeles office?!
Thanks
I don’t know, but maybe you can email them to ask. You can find their contact info/email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks
Hi Jason,
Thank you so much for this wealth of knowledge.
I wish to know if the shortlist is still applicable at the Arlington office? I will like to get my name added to it but can’t find any information if it has been stopped or if it is still a possibility?
Thank you
As far as I know, it is still going. You can contact them and ask to be put on the short list. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you for your prompt response.
Hi Jason,
Once you have been granted asylum, can your old passport be used for domestic travel?
My gf and I would like to fly domestically and I want to know if she can use her Turkish passport or if we need to get an ID card.
(Actually I suppose she can provide her I-766)… https://www.tsa.gov/travel/security-screening/identification
Thanks,
Robyn
She can use a driver’s license and/or EAD card. I think using the passport would not create problems for the asylum grant (for domestic travel), but she may also need to present evidence of lawful status (her I-94 or EAD) if asked. Take care, Jason
How can someone prove their lawful status if they haven’t gotten their ead?
Mira,
If you already submitted your I-589, and have received the asylum application receipt, then you may use the receipt to show that you were authorized by USCIS to remain in the US until a decision is made on your case. I would suggest that you use the receipt along with a your passport, or any other form of ID that you may have, from your home country.
Since the original post is about domestic travel, if you are thinking about traveling domestically and you are out of status, and have not yet submitted your application for asylum and received the receipt, then I would suggest you put the travel on hold until you get the receipt. If you are still in status, then you are free to travel.
An I-94, a receipt or approval notice, a passport stamp, maybe there are other ways too. But it is better if you have a current document such as a green card or EAD, and if not, you can apply for a new one (assuming you are eligible). Take care, Jason
Jason,
As we are talking about status, a question came to me: If an asylee is traveling domestically, would you recommend that he/she takes the original I-94 or a copy of the I-94 to prove his/her status, if need be?
If the only document you have related to immigration is the I-94, I would bring the original (and keep a clear copy somewhere safe). If you have an EAD or GC, you are supposed to have the original card with you, and hopefully you keep a copy of the front and back somewhere safe. Take care, Jason
Can I work after apply for Asylum fingerprints. It’s legal.
http://www.uscis.gov
Seriously.
If you have the EAD, you can work legally. However, if you do not have that (or some other permission to work), you cannot work legally). If you have an asylum pending case and you work illegally, it should not affect eligibility for asylum, but it could affect eligibility for other immigration benefits. Take care, Jason
Can I work after apply for Asylum fingerprints.
http://www.google.com
That’s a bit snarky. Funny, but snarky. I really need to hire you. Take care, Jason
Thank you for not banning me from the blog 😬.
Hi, anyone knows any update about LA office?
Did anyone try here to get their case in shirt list or Expedite?
I will be grateful if any response regarding LA office.
Thanks
Hi, I applied on November 2015 and still waiting for the interview, What is your timeline David?
I will really appreciate it if anyone from LA share their timelines and if anyone from 2015 called for the interview without expedition?
Thank you.
Hello sir
My friend received a decision from asylum office
In a mail which states that his case is being processed
In an excessive manner by nation security department
And then in that letter it states that the rha has granted protection against deportation while granting the eligibility
What does it mean?
That doesn’t sound like a decision to me.
Maybe they’re saying that he can stay until they determine his eligibility for asylum. That would be stating the obvious, but they seem to have a habit of doing that when they’re responding to inquiries to which they don’t have a direct response.
At the risk of stating the obvious, I think you are exactly correct. Take care, Jason
I cannot tell from your message. It may simply mean that he can stay in the US until his case is decided. Normally, when a decision comes, the letter will indicate that asylum is granted, denied, or referred to immigration court. So maybe his case is still pending. Take care, Jason
I applied in 2016, but the I know a person who applied in 2014 December, had the interview in January 2018, got the approval on April 2018. That’s the last person whom I know from LA office. I didn’t hear anybody got called for interview who applied in 2015 from LA office.
Thanks
David
Dear Jason, after waiting 2 years and giving 2 interviews I got approved. I applied for my wife petition through my lawyer almost 2months ago. But I did not receive any reply from the agency. Does it take so long to get a reply? Or is there any chance of misplacing the letter? The processing time is shown as 6 to 8 months on website, but it has been 2 months and not a receipt notice yet.
Thanks.
Two months may be a bit long to get a receipt for the I-730, but you never know these days, as USCIS seems like a real mess. Are you sure it was sent to the correct address? Do you have confirmation it was received? If nothing happens soon, maybe the lawyer can try calling USCIS or emailing, but it may be difficult to get a response if you do not yet have the initial receipt and the receipt number. Take care, Jason
Mr Jason
how are you i hope you good health
please i would to ask about the steps after submitting the i 730 and how many months i should wait until my spouse come to usa
You may be able to look up the processing time at http://www.uscis.gov, which will give you an idea about how long the I-730 takes. If the person is overseas, once the I-730 is approved, it will be forwarded to the US Embassy, which will take a few more months to issue the travel documents. Each embassy is different, and everything these days is very slow. Hopefully, your family will be able to join you soon. Take care, Jason
Hi everyone!
Does anybody know anything about the court timeframe now in NYC. I mean from MCH to Individual Hearing.
Appreciate
Take care all
It depends on the individual judge – some judges in NY might take a few months; others might take years. So maybe if you ask about the specific judge, someone will respond. Take care, Jason
Judge in my case is Aviva Poczter L.
The rate isn’t bad, it’s just the timeline she gaves , that’s what i wanted to know .
Appreciate Jason 👍💪
Maybe someone here will know. Otherwise, it will be a (hopefully pleasant) surprise when you get to the MCH and hear her dates. Good luck, Jason
My friend Jason,
You are the only hope with this administration.
If I granted asylum, is my able to apply for cash and
Medical insurance even my income above 50k$. Second,
Shall I work without EAD? What shall I give my employer?
Regards
If you are granted asylum and your income 50k
You can not apply for health insurance.
Only you can apply is cash that you will get only $92 per week and only 12 weeks
Ps you must apply for cash withit 30 days of your granted date
Hi NYC,
Is it $92 per week and per person? Cay you please provide any links for this especially for CA.
Thanks
This may vary by state – so contact the local provider as discussed above. But I agree, if you win asylum and you want benefits, you have to move quickly to apply. Take case, Jason
My friend Jason,
You are the only hope with this administration.
If I granted asylum, is my able to apply for cash and
Medical insurance even my income above 50k$. Second,
Shall I work without EAD? What shall I give my employer?
Regards
Don’t get me wrong but actually people like you destroy the spirit of asylum system in the USA. If you can make above 50 K, why do you still want to be gifted free health insurance and cash? Don’t be free rider and work hard to change your destiny. America is America not because of free riders but hard worker. Don’t always expect others to give you free things. Rely on yourself.
How do you know the OP doesn’t have 10 dependents in his/ her household living on that 50K? Or that s/he isn’t living in an expensive city where 50K cannot sustain a family?
If the OP is ineligible for assistance, he or she won’t get it so let’s leave the judgement for the people who will have all the information they will need to make that decision.
Sarah,
I tend to agree with Jack on this one.
If you have been surviving on an income of above 50k before a grant of asylum, what suddenly changed
Are we seeking asylum to be gifted cash and free insurance,or to escape harm? I guess some of us are more concerned with our safety.
I know of a PR family who have no shame or conscience. They are on every available welfare, and guess what? They wear nothing but designer outfits .
Dont’ get me wrong, I just think some people deliberatey milk the system.
Mo may have a genuine need, the wording of the question made it look like he was more concerned with welfare.
My personal opinion.
Hey Tina,
My point is that we don’t know anything about the OP’s situation to be calling anyone a freeloader. I can’t make a judgement based on the wording of the question, nor am I in a position to do so.
More to that, being here to escape harm and being here to take advantage of financial assistance are not mutually exclusive things. If someone is here for the latter, it doesn’t make their claim any less legitimate. I don’t like it, but I’m saying it’s not a one-or-the-other situation.
Jason may be able to direct the OP to the resources that will be available at his/ her disposal after the grant of asylum, and it’s up to the people who run these agencies to make a sound decision based on the OP’s circumstances which, again, we know nothing about.
Hey Tina,
I am aware that there are people who take advantage of the system. I will disagree with Jack, though, that it’s these people that “destroy the spirit of the asylum system in the US”. Anti-immigration folks hate us anyway. Even when we work hard, they’ll say that we’re stealing their jobs — there’s no winning with these guys. Some of them will sympathize with the immigrant next door like Jason pointed out in a recent post, but yeah they mostly resent us all just for being here.
As for the freeloading comment, I was referring to Jack telling the OP not to be a free rider. I know you didn’t and wouldn’t use that term; you’re like the nicest person on here! 😀
I definitely agree with you that assistance should be for the needy. It seems that we agree on the main points, but I disagree with the commentary that the OP received in response to a harmless question where s/he never indicated that they wish to abuse the system.
At the end of the day, I wish everyone seeking refuge here well. I’m sure most of us have been through enough as it is, and we all deserve to start living in peace (without abusing the system 😊).
^ This was in response to your second comment. I hit my head today and its obviously not making me any smarter….
Sara,
I agree with some of what you are saying and I agree with Tina and Jack, to some extent.
A few points/my two cents:
1. We don’t know the make-up of Mo’s household, as that information wasn’t provided, and so we can’t determine Mo’s eligibility for the desired benefits
2. If Mo has a small family, or single, then quite frankly, Mo would be abusing the system
3. Though Mo didn’t say exactly how much he/she earns, we can estimate that Mo is making somewhere between $4250 and $4950 per month. This, my friend, is a lot of money; unless, of course, you are the breadwinner of a decent size family, have a large family, live an ostentatious lifestyle, or pay a lot of money for rent because you live in a large apartment. If you have a small family- or single- the city is irrelevant given the amount of money being earned, and the fact that mist Americans “make do” with that amount of income.
5. This may be a personal thing; we must remember that eligibility is a privilege and not necessarily a right. At least, this is how I see it when it comes to things such as cash assistance and insurance benefits, especially if the person benefiting from the aforementioned benefits can do without them.
6. Cash assistance/medical insurance should NOT be applied for simply because you can/just because you are eligible. To me- and I am not saying that Mo is eligible/not eligible/should(n’t) apply, as I don’t know the ratio of Mo’s expenses to needs- these benefits should only be applied for if you absolutely can’t do any better. In fact, I would go further by saying that they should only be applied for in situations that can be classified as dire or emergent.
7. I can understand why some people may feel uneasy when an asylee who makes over $50k is having thoughts about applying for government assistance. I can also understand people’s conclusion that using- or seemingly abusing- government benefits does lend credence to the anti-immigrant’s false narrative that immigrants, on a large scale, abuse social welfare/government benefit programs.
Finally, Mo, the government of the state that you live in will ultimately decide your eligibility. If you must apply, go ahead and apply! Who are we to say you shouldn’t?
P.S. We won’t be able to help you determine your eligibility- even if we tried researching it for you- as we don’t have all the information on your household. I would suggest you contact the Catholic Charities/ Office of Refugee Resettlement (ORR). The ORR can be reached at 1-800-354-0365 or https://www.acf.hhs.gov/orr
Hey Sarah
My point is, some people genuinely have needs, and some take advantage of the system because it is available.
And to correct something here, I never called Mo a freeloader. I only made a general statement, citing the family I know.
You mentioned financial assistance, that is what it is. You just do not request cash, because it is available. You request financial assistance because you are in dire need. Some people genuinely need it.
As for the legitimacy of any claim, if you missed my point, here it is. “I am more concerned with my safety and freedom than any available welfare in the USA”.
I was not implying that his question about cash gifts makes his claims illegitimate. As a matter of fact, asylum and indegency go hand in hand, so if you fall within the few that are not indegent, skip the free cash and enjoy your freedom.
Hey Jamie,
I agree with you and Tina on the main points. I just didn’t feel like we have enough material here to put the OP in the system abuser camp which you seem to agree with.
Also, we should keep in mind that USCIS is moving to deny some cases based on “public charge.” This should not apply to people with asylum, but the government is being very restrictive and nasty, and so if you can avoid relying on public benefits, it might help in the long run. Take care, Jason
agree
Mo,
For the second question about the need for an EAD, it completely depends on your employer. Some employers take just the I-94 that says “Asylum Granted”, especially if you were working with them before your grant of asylum. Some want you to present an ID, such as a state ID/unrestricted social security card, along with the grant of asylum notice.
If you present an EAD (an EAD is considered a List A document as it identifies you and shows the validity of your employment authorization), you generally only need to also present your social security card. The social security card, restricted or unrestricted, and the valid EAD should suffice. In most instances, the EAD alone is sufficient.
If you don’t have your EAD, you can present a List B document, such as state ID/driver’s licence,along with a List C document, such as a social security card.
Many asylees choose to use an EAD and their I-94 which is usually stamped, signed and dated with asylum status. Some asylees also use a state ID/driver’s licence with an unrestricted social security card.
According to many sources, asylees, currently, have the right to work and live in the US. Thereofe, an EAD is not needed in order to work as the status comes with work authorization. However, to avoid inconvenience and delays- and for identification purposes- it is generally advised that asylees try to get an EAD.
My impression was that he did not yet have asylum, but if he does have asylum, then technically, the I-94 and SSN should be enough, though most employers don’t really seem to get that and want to see an EAD. Thank you, Jason
I have no idea about medical or other benefits – you would have to follow the link above and contact a local service provider. As for working, you would need a valid EAD and an SSN. That should be enough from the immigration perspective at least. Take care, Jason
Thank you Jason for everything
I had my interview earlier January and no decision yet as you know.
My EAD expire 10/2018 Next week I’ll submit the renewal papers, my case category would be the same (c8) ?
And please advice me with any additional information
Thank you again
It should still say category C08.
Good luck with your decision.
If the case is still pending, you simply file to renew the old EAD. You have to pay the fee for a renewal. Take care, Jason
How long takes to get a copy of my Asylum form and Statment ? Will it have any impact on my case if i have to change minor mistakes or add evidence ? Thanks
I lost the copies of I589 and declaration .
I lost I589 and declaration .
Hopefully it will take 4 to 6 months for a FOIA. If there are mistakes, you can correct them at the beginning of the interview. Usually, once you correct errors, they do not affect the outcome of the case. Take care, Jason
Thats too long Jason . Can i ask them to expedite thet or are they going to ask for evidence regarding expedition ? Thank you
You can ask to expedite. It is more likely to be expedited if you submit evidence. I wrote about that on March 30, 2017 – maybe that post would help. Take care, Jason
Hi Jason. Could you confirm to me I will give you my Asylum case. So
1: you will have to present in front of Asylum office for interview?
2:i m living another state can and can apply case in Washington DC and what’s address will use where I m living in another state like New York or required DC address
3 :I know you are good guy for DC. So what’s possibleties in cast changes matter converted in Christian from their cast and big fear from all family members and so own.. For religion and humatrian
4 :define your fee plan and also what will done in that fee, like full Asylum until interview or can for in immigration court, so please clear my friend.
Advance thanks and appreciated whatever you are doing public solutions.
You have to file in the state that you’re living in.
Also, if you’re going to file for asylum, you should definitely do your homework and read up about it on the USCIS website. You need to at least familiarize yourself with the basic information that is right there on their website.
One more thing, can Senator letter will increase value of evidence for Asylum or not, on letter head just simply find situation belong to that country, so consider..
Total number of persons they considered in one year
It depends what the letter says – if the Senator knows about your problems and writes a letter, that should be a big help. If it is just a form letter about asylum delay, that is probably useless. Take care, Jason
These are not questions I could discuss here. Basically, you would need a consultation, and you are welcome to arrange that – you can email me at jdzubow@dzubowlaw.com. I will say that you have to apply where you live, so if you are in NY, you have to apply in NY. Take care, Jason
Dear Jason and other asylum seekers!
I am in the US and my husband is principle granted asylumist. He applied for me through I-730. Now, I want to know if anyone here has ever had interview for I-730 after policy change ( August 2017). If the answer is yes, what type of questions? FY, I am married with him before asylum granted. If my case is denied, what can I do next?
When did he apply for you ?!
I do not think we have had a client interviewed in this situation, but the interview should be relatively easy – they will cover the same questions as on the I-730. Just in case, you should be prepared to discuss your husband’s asylum case, but I doubt this will be part of the interview. Take care, Jason
Dear Jason, once again your resource is the most useful source of information on asylum, and your contribution and service to those in need is unprecedented.
I finally received my asylum confirmation, which was delivered to my lawyer. However, I changed my mailing address since the interview (it took them a few months to make a decision) and unfortunately I forgot to update my address with USCIS. They mailed the package to the old address in San Francisco and I now returned back to LA. Do you have recommendations about what I should do: a) should I make a change of address now; b) how do I receive the package again?
Hi Yuri, congratulations on confirmation!
My interview took place late Jan 2018, no decision since than. It’s been almost 4 months. How long did you have to wait? Thank you!
Mine was right before Christmas in 2017 and my status was granted around mid-April 2018. The later received the notice in mid-May 2018.
You can make the change of address now, and also email the asylum office to tell them about the error. Maybe they can re-mail the letter. Hopefully, if you do that now, you will receive the new EAD at the new address. In any event, you can get a copy of the letter from your lawyer, so you have proof of status, and you can maybe call USCIS now to see whether they are producing the EAD and whether it can be mailed to the new address. The worst case would be that you take the asylum approval and apply for a new EAD based on asylum status, and so it should be free (the first asylum-based EAD is free). Congratulations on being approved, and good luck in the USA, Jason
Share your time line guys …
I applied in dec 2016 (Nebraska)
No interview so far
Timeline so far:
2015 August – applied for asylum in San Francisco
2018 January – interviewed in SF
Hopefully, confirmation is coming soon.
Stay strong and united.
If you have been waiting 5 months, you may want to email/contact the asylum office to ask about your case, if you have not yet done so. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi.kindly tell that what is role of lawer in individual merit hearing? I mean during hearing. Plz tell all his role. Thanks.
The lawyer prepares the case and legal argument, practices with you before the case, usually asks most of the questions in court, protects your interests if the Judge or government lawyer is doing something incorrect, and other things too. In court (as opposed to the asylum office), having a lawyer makes a difference in many cases. Take care, Jason
Hi Jason
I am waiting for interview. I am the principal applicant for that case.my husband had a son before we get married .assuming I win my asylum can I petition on I 730 his son who is 10year old now to join me along with my husband since I am not written anywhere on his birth certificate. But I raised him since he was one year the time we got married and he is such the eldest of my children.
You might want to check with a lawyer to be sure, as this is obviously very important. I think you will be able to bring him because you are his stepmother (legally married to his biological father), but I have never researched the issue, so I am not 100% sure. Take care, Jason
Mikaelos,
Based on a quick research, a person’s step-child could be considered a child of the principal applicant- and thus be petitioned for once he/she was mentioned on the I-589/can be proven that child is your child- once the principal applicant is married to the child’s biological or adopted parent.
According to the Immigration and Nationality Act 101(b)- and, yes, the meaning of “child” below does apply to derivative asylee children- the meaning of “child” is (I am just pasting of few of the meanings from the Act as the list is almost endless):
“(b) As used in titles I and II-
(1) The term “child” means an unmarried person under twenty-one years of age who is-
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child’s residence or domicile, or under the law of the father’s residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person;
(E) (i) 17a/ a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years 17ab/ or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household : Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act; or
(ii) 17a/ subject to the same proviso as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (F)(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child was adopted while under the age of 18 years; 17aa/
(F) (i) 17a/ a child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 201(b) , who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen who is at least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings; or who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child’s proposed residence: Provided, That the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such child sha ll thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act; or
(ii) 17a/ subject to the same provisos as in clause (i), a child who: (I) is a natural sibling of a child described in clause(i) or subparagraph (E)(i); (II) has been adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classific ation as an immediate relative under section 201(b) ; or 17aa/”
Sources:
INA
USCIS
can you tell me when I will be able to apply for EDD?
I filed for asylum on Jan-15-2018
EAD*
You can file 150 days after the “received” date on your receipt, assuming the case is still pending. So that should be in mid- or late June, depending on the date on your receipt. Take care, Jason
I had the interview but no decision yet
Is it a problem?
Wait times after the interview can be very long (or very short). If it has been a few months, you can try contacting 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
thanks Jason
Can I still apply for EAD?
since I had the interview without receiving a decision yet
If your case is still pending and you are waiting for a decision, you can renew the EAD as before. Take care, Jason
Hello Jason, thank you for your great posts!!
Do you think that expediting a case in the Trump administration is a bad move?
It depends on your goals, but if you want the case to go faster, you can try to expedite. I don’t think it matters much about the Administration, though we do know that asylum grant rates are down overall. So in that sense, maybe you want to wait for another Administration, though you might wait a long time and the downward trend in grant rates begin long before Mr. Trump. Take care, Jason
One last question, do you know anything about how the Miami office are working? Is it LIFO or are they still doing the old system?
Thank you so much!
They should be following LIFO, but I do not know whether they are doing old cases. Take care, Jason
I submitted my asylum based GC last month. I was under impression that in person interview is compulsory but just found out from your post that principal applicants usually usually get GC without interview. That’s a good news for me.
The USCIS practice on this seems to be ever-changing, so you never know, but most principals are not being interviewed. Take care, Jason
Hi Jason,
Does that mean ALL derivative asylees are being interviewed for green card right now?
Regards,
Are interviews for derivatives sometimes waived? Or is it the new normal that all derivatives must be interviewed for adjustment to GC.
I do not know about that, but I think it is the intention of USCIS to try to interview all derivatives. I do not think these interviews will be too difficult, but we will see. Take care, Jason
Thank you so much Mr. Jason for all your care and information providing for us.
Does anyone from Los Angeles called for the interview from year 2015 without expedition?
Thank you. I appreciate your response.
Hi folks,
Just wanted to know what is everyone’s feedback and what’s your opinion on this Jason. How long is the average response time for a lawyer if you have left a text/email/voicemail? Is there a way that you can get your lawyer to be more proactive especially that you have already paid for the services?
Thanks
There is no average. I try to respond within a day, but sometimes, it is longer, especially if it is not urgent and/or the person is bugging me too much. But if the lawyer really is not responsive, you need to let him know that this is a problem for you. If that does not help, you can always make a bar complaint against him, though that will sour the relationship. Most lawyers, if you let them know your concern, should be responsive. Take care, Jason
Has anyone interviewed in the Boston office recently? If so can you please share your timeline?
Thanks!
We recently got an interview at Boston office. The case was from 2016. What about you?
Did you expedite or put yourself in shortlist? Also which month in 2016 did you file? I filed in 2014 August, still no interview :(.
We asked for shortlist. Did you try it for yourself?
I have not tried the shortlist yet maybe I should. thanks and good luck to you both.
Yeah you should. are you from one of banned countries?
No I am not from any band countries.
Hello Reema,
i filed in June 2014, added my case to the short list in jan 2017, called for an interview in August 2017, i inquired two month ago ( pending for Background check )
@ Asylee, when did you get your interview and did you get any Decision ?
Are you from one of banned countries? This decision wait time is the worst. Also, did you go yourself or took a lawyer with you?
We are also waiting decision.
yes i’m, any chance you know some one in Boston are got his Decision within a year ? and how long you have been waiting for Decision ?
i went by myself, because my lawyer based in NJ .
I dont know anyone in Boston area who recently got decision. Are you from Mass. or NJ? For us, its not very long. About 2 months. I would like to hear about your interview experience if you dont mind? Maybe we can connect if you are nearby.
Hi everyone!!!
I have an interview scheduled at the end of this month in Boston. Anyone able to share his/hers experience?
Thank you
Hi GS,
Where are you located? Anywhere near Worcester area?
Hi Moby,
I am in Boston 🙂
@GS: Lets get in touch if you dont mind? Can I email you directly? Thanks.
yes sure i can share my experience, can you send me your email ?
sg792@aol.com
Hi GS,
Can you please share your timeline also can you please let me know if you put yourself in shortlist or expedited your case?
Thanks!
Hello Asylee, we can connect can you send me your email ?
@AS. For sure. My email: daudiii09@gmail.com
I look forward to hear from you.
Hi AS
I haven’t received any email so far.
i sent you an email yesterday.
Been 3 years since I have applied, yet I have not been notified for my interview date. Is it better to call USCIS customer service number or email? Also I have not fully completed my asylum statement. How soon do I have to submit my statement when I actually get notified for my interview? If you have any tips on how to write asylum statements I would greatly appreciate it. For beginner tips like the format, thesis, basically on how to write it.
I wrote a post about the statement on May 3, 2016, and I did a series of posts on this topic starting on July 19, 2012. Maybe those would help. There is no point in calling customer service about this – the delay is affecting everyone. If you want, you can try to expedite your case – I wrote about that on March 30, 2017. You would need to complete your case before you try to expedite. If you do not expedite and you get an interview notice, you have to submit the statement (and all other evidence) in accordance with the rules of the local office. In my office (Virginia), we have to file everything at least one week in advance. Other office have different rules, and you can contact them to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Could you please tell me what is the rule for Houston asylum office? I tried to call them and emailed them no reply n no response at all. Please if you could guide me.
Thanks.
I am not sure what rule you mean. In any event, I do few cases there and don’t know much about that office. We did expedite a case there recently (even though it took 6 months to get them to expedite), so that is possible. That’s about all I know. Take care, Jason
Hi Jason,
Sory I forgot to mention, this is about the rule to submit personal statement before the interview or on the same day we can take with us?
Thanks.
The personal statement is evidence like any other and must be submitted according to the rules of that office. Take care, Jason
Hi Jason,
I responded on one of your previous blogs, and here’s an updated timeline of my application. Applied for asylum from Central PA in March’18, biometrics in april’18, interview in may’18 in Newark. My attorney told me that the interview will be quite laid back and the officer will try to be sympathetic and will try to make me as comfortable as possible. On the contrary, my experience was very bad, me and my attorney felt from the beginning that the officer was predetermined to deny/reject the interview. He was very aggressive and wasn’t familiar with the incidents in my declaration and tried to question me about it based on wrong details he had gathered from the declaration. I wasn’t comfortable at all and the officer’s attitude made me super nervous and I have to pick up my decision next week. I am not optimistic at all and wanted to know if you had any idea of an estimated timeline for me to appear in an immigration court for my first hearing.
It is unfortunate that your lawyer assumed the interview would be laid back, as there is no way to predict that, and you don’t even know who the officer will be until you get to the interview. In any case, I would advise caution at this stage – we have seen aggressive interviews that turned out to be grants, so hopefully, you will be ok. If the case is referred to court, the wait time is not predictable. Normally, you would be in court within 4 or 5 months, but it depends on the court (maybe you will be in Philly or Pittsburgh?). I wrote about this issue on March 7, 2018 – maybe that would help. Take care, Jason
Hi Jason,
Thank you for your efforts as always.
Sorry for being out of topic. I have some question for EAD card renewal
My EAD will be expiring on 10.28.2018. When should I have to apply for renewal?
When will the 180 days extension be started as described in USCIS website?
How long will take to get the new card back?
You can apply for the new card 180 days before the old card expires, so I suppose you can apply now. The 180-day extension is counted from 10/28/2018, the date the card expires. New EADs are taking a while in many cases – it might be 7 or 8 months to get it, though hopefully it will be sooner than that. Take care, Jason
Thank you Jason,
I more question, how can I pay for the application? Should I put a money order or check inside the envelope with the application and other documents?
Thanks again
We include a personal check and staple it to the cover letter. A personal check is better than a MO because if you don’t receive the receipt, you can recover a copy of the cashed check from your bank and get your receipt number, which USCIS stamps on the back of the check. Take care, Jason
Thank you Jason for your help, and sorry for bothering you.
I checked USCIS website for where to file, it shows me only Lockbox. wondering if the lockbox the correct destination to send my application.
Besides, I am applying for myself and my wife. Can I send both of them in on package.
I appreciate your help, thanks again
I can’t give specific info about forms, as I do not know the case, but I do think EADs are filed in a lock box, so it sounds correct. You can mail the applications in the same envelope, but you should make two separate packets and make sure that it is clear that there are two applications in the same envelope. Take care, Jason
Great read Jason,
Thank you for all the information and support.
How often do they revoke an asylum status due to changes in country’s condition, for instance?
UCIS state on the website, “You continue to meet the definition of a refugee, or to be the spouse or child of a refugee.”
Not sure how this works, could you pease specify at your convenience.
Regards,
Al
If you get the GC, this should not be an issue. But some people keep their asylum status and never get the GC. I do not know of a case where a person lost asylum status due to changed country conditions. It certainly could happen, especially these days (though most countries seem to be getting worse, not better). It is more common for USCIS to try to terminate asylum based on something the applicant did (suspected fraud, crime, etc.). I have seen that once in a while. Take care, Jason
Thank you Sir.
1.Sir, If you dont mind share information oot , how much the chance is to get DV LOTTERY, if any documents Are gathered, background check Police record Are clean etc, do We still Have chance to get rejected?
2.What do you think of ASIA case number who gets 10500 plus, is it a good case number? i saw visa bulletin cut off, july They only do 10500 below which is i might do it in august, right?
3.and also i just completed my ds 260, what is the NEXT step? just Wait for the KCC to inform me the interview.schedule?
1 – Assuming you win, you can still be rejected. More people win than they have available slots, and if you do not complete all the paperwork and meet all the requirements, you can still fail to get the GC. 2 – I do not know about this. 3 – This forum is for asylum. I do not know much about the Lottery, so you would have to talk to a lawyer for help. Take care, Jason
Hi Jason!
Thank you for your support over the years. Now, my asylum application has been approved for me and my family. Along with the approval letter we received new I-94 cards for all of us. After a month the kids and I got new EAD card. However, no new EAD card was sent for my husband? What should we do? Is it a cause for concern? He has an H-1 visa (kids and me have H-4) through his employer. Can he ask for a non-restricted SSN without a new EAD?
Thank you again for your continued support.
Mary
He should get one too (as long as he was part of your case). He might want to go to USCIS and ask about this – he can make an appointment by following the link at right called Info Pass. He should bring all the documents, especially the I-94 and all his IDs. It is not so easy to get an appointment, but that may be the best way. He can also try calling them, but that may be less effective in this case. Congrats on the asylum! Take care, Jason
Congrats!!! 🎉
Our EADs came a month later, too. Everyone on the case got a card, and all our cards are messed up. They mixed up our given names and surnames. They got the surnames wrong (not in correct order). They put our receipt number where it says card number.
I don’t know who’s issuing these cards because everyone I’ve spoken with said “it wasn’t me”. Shaggy would be proud.
We will have to reapply for the cards. 🤦🏻♀️
You are not the only one. USCIS is “recalling” 8,000+ cards (I forget whether they are EADs or GCs) because of their screw-ups. Supposedly, if it is a USCIS mistake, they will re-issue the card for free. Hopefully, that will be the case for you. Take care, Jason
Yup, green cards. When I called, they told me to fill out another EAD application and apply for a replacement. They said to include an explanation that the error was caused by them so I wouldn’t have to pay the fee.
I expected them to tell me they will send new ones in the mail but no..we have to go the application route. Not cool.
Nothing is ever easy, and nothing ever ends. Until your a US citizen; then you can forget all about this nonsense…
Hi Jason and Sara,
My husband’s EAD has just arrived. Similar to Sara and many other cases, all our EADs are messed up: First and Last names swapped and Receipt numbers written in place of card numbers.
I tried to contact the USCIS regarding the errors. But, I had no chance.
Where shall we file our applications? Our cards appeared to be issued by a National Benefits Center (NBC) in Lees Summit, MO. Shall we send our applications to this benefits center or to the service centers?
Thank you and have a great day!
Mary
By the way, we don’t need to fill new EAD application. The USCIS website states the following:
“If your EAD contains incorrect information because of a USCIS error, we will make the appropriate correction at no additional cost to you. In these cases, you do not need to submit a new Form I-765 or a filing fee. Instead, you must submit:
The original card containing the error,
A detailed explanation of the card error, and
Supporting documentation on the correct information”.
Before you send in your EAD, I would try to make an Info Pass appointment (a link is at right). It is not easy to get an appointment, but even if you do not get one, you can still try to go to USCIS and try to get in. If you can talk to a person there, and show them the problem, that might be the best solution. If you cannot do that, then you can mail in the card(s), but I think it may take some time to get new cards. Make sure to keep a copy of the old cards, front and back. We have not had to do that for a client, and I do not know where you mail the cards back to, sorry. Take care, Jason
Hi
1: I sent a mail to USCIS regards to change of my address since 2weeks, we are already in the week have not gotten any notification from them
2: and also can change of address delay my work permit from coming ?
3: I filed for asylum since November 2017 did my biometric at December 2018 and I filed for my ead at April 2018 am I going to go for interview to get my work permit?
Thanks
Sorry did my biometric at December 2017
1 – USCIS normally would not respond. You file a change of address using form AR-11 (available at http://www.uscis.gov). You can do that on-line. 2 – It should not; that was an old rule and should no longer apply (unless something changes again, but I have not heard about that). 3 – There should not be an interview for the work permit – they just send it to you. Take care, Jason
Thanks Jason
Thanks, Jason.
I recently received a mail from the USCIS that acknowledges the error. I send back the EAD and am waiting for the correct EAD to arrive.
Thank you for your support over the years.
Mary
Hi Jason,
My cousin applied for asylum in Miami in December and later in January, he did not received any letter of receipt or anything related to the case. He went to the office in Miami and they found an error in the address which they corrected and promised to send it again in two weeks. By then, he missed the fingerprints appointments since he did not received it either. Time went by and he still did not received anything. He moved to ATL and went again to Miami to see what happened in March, they changed the address again, this time to ATL and still he is waiting to get the receipt or appointment for the fingerprints. He does not even have a case number and anytime he calls, the people at the phone denies any information since he cannot prove that he is himself… What do you recommend?
He can file a Freedom of Information Act request, form G-639, available at http://www.uscis.gov, to get a copy of his file, including the fingerprint appointment. That is free, but will take several months. He probably should also email his new asylum office to try to confirm that they have his case, and he can try to ask for a fingerprint appointment from them too. You can find their contact info/email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason, any news about interview for cases filed in 2017. I filed my asylum case on Sept 2017 in Los Angeles
I have not heard about LA – maybe someone will post here about that, but my guess is that they are moving slowly through the backlog, and so it is unclear when they would schedule an interview for a September 2017 case. Take care, Jason
Hello jason
I had my interview four months ago yesterday i went the asylum office the lady in the front desk told me ( case pending for final decision)..
Do you know if that means something ?
They’re always vague like that. Technically, your case is pending the final decision the minute you step outside the interview room. It’s like, thank you, Captain Obvious.
I hope you get a good decision soon.
I think it means nothing. I would wait a couple months, and if you do not have a decision, you can make another inquiry. But there is no way to predict the wait time for decisions. Good luck, Jason
Hi. i have removal Asylum case in immigration court.individual date was for 2022. some months ago my family was harrassed in my home country by state authorities and they told to surrender me back.( i am a political activist in my home country). after that occassion my a little son was much mentally harrassed and became admitted in hospital.
Due to worse situation of my family security, i filed early hearing date motion and it was granted by court and my individual merit hearin is in june 2018.
My Question is that:
1., Early motion will effect negative or positive on my case?
2. IJ will decide case on that day?
3. How should i be prepare for hearing date?
you are our home.so kindly brief.Regards sir.
1 – The events that took place would seem to make your case stronger, but the fact that you advanced your case, in-and-of-itself, should have no effect. 2 – Often, they do, but not always. 3 – Hopefully, you have a lawyer to help you prepare and make sure all evidence is filed. Having a lawyer makes a difference in court cases, and so hopefully, you will do a practice or two with the lawyer, and he/she will make sure all your documents are properly filed. Good luck, Jason
Thanks for uour guidance.one thing more plz that; As my family is in danger in my home country and may be during my individual hearing i could not controll my self and weep. It may show pisitive or negative effect on case?
If that happens, it is fine, but you should not try to exaggerate your emotions – this is a cultural issue, and in some places it is acceptable, but in the US, I think it is counter-productive. If you cry and you can’t help it, that is fine and might make the Judge more sympathetic, but if you force yourself to cry, it looks bad and may annoy the Judge. In any event, I do not think you should worry about this. Do your best to get through the testimony as efficiently as possible, and if you have a strong case (and it seems you do), you will hopefully be alright. Take care, Jason
I just saw the new policy uscisfor F J and M visa
Who overstay need to waive if they want to apply for a greencard. Is that apply for asylee who was overstay or not ?
Thank you
I saw the policy, but I do not know the answer. I do think under the policy if a person on an F, J or M visa applies for asylum, they may lose their visa status (since the request for asylum and to stay here permanently conflicts with the non-immigrant visa). My thought is that this will not make a lot of difference for most people, as they don’t necessarily need to stay in status while seeking asylum. Some people could be adversely affected, though, as filing asylum may cut off other avenues for relief – such as OPT and an employment-based visa. I think people with these visas should talk to an attorney so they know how any asylum application would affect their visa status. Take care, Jason
The rule about overstay is always the same.
Asylum based AOS is subject to unlawful presence Inadmissibility Grounds.
However, keep in mind that the time your asylum case is pending if you didn’t engage in unauthorized employment it won’t accuse unlawful presence.
Also normally a waiver is available for asylum AOS. Either the adjudication officer automatically apply or you need to apply but normally it will be granted as your asylum status will not allow the government to deport you back.
Also your asylum application itself does not constitute as immigration petition. Even if it does your F status and OPT is still valid but you might get trouble renewing your F visa.
Hi Jason!
Me and my husband are applying for asylum case. Is there any problem if we apply case with different Attorney? or We have to hire the same Attorney for representation?
Thank you so much for helping
Rebecca
You can hire any attorney you want. If you plan to use two different attorneys, they should at least coordinate between the two to make sure everything is consistent between the two cases. Take care, Jason
Hi, Jason! Thank you for your help.
I have another question, I already postef here my situation and in order not to repeat here short story. I’m alone here, passed the interview 14.11.2017 and waiting for background checking plus I try to bring my girlfriend and still no lucky. But yesterday my girlfriend’s yonger sister’s husband won greencard lottery, my question is can we use this situation for bring my girlfriend with her sister’s family? Thank you.
Hi. I am sorry to hear about your situation, but your girlfriend won’t be able to come with her sister.
The winner of DV lottery can bring only his immediate relatives – a spouse and unmarried children.
Once the sister becomes a citizen, she could file a petition for your girlfriend, but it would take a lot of time (5 years till citizenship and around 12 yrs in line for a sibling).
I hope you will get some good news soon, good luck!
I highly doubt it – normally only the spouse and minor/unmarried children of the Lottery winner can get their green cards. But talk to a lawyer if you want to be sure, and the lawyer can review the specifics of the case. Take care, Jason
Hi Jason.
I had my interview a few days ago an officer gave me a letter at the end and said you are not required to appear in this office to get your decision and the letter will be mailed to your recent address. I heard many cases that they have received a letter that they should visit the office in 2-week. What is the difference between the letters? and How long should I expect to wait to receive the result since I just got the interview after 2-month filing! All process up to now was so quick.
No one can tell. Someone only two weeks someone 2 months someone more than two years or 5+ years
Some cases get mail-out notices; others get pick-up notices. There may be lots of reasons for this (anything from the officer going on vacation tomorrow to security background checks or headquarters review), and I have not seen any correlation between how a decision is received and whether it is a good or bad decision. As to the wait time, there is no way to predict. If you do not hear from them in a couple months, you may want to contact them to inquire. Take care, Jason
Jason,
Thank you for writing this. This was very helpful and thoughtful!
Hi Jason,
Asylum referred to court, TPS pending ,
My employer file I-140 after labor cert, I checked the status they mentioned I-140 transferred to asylum office for adjucation.
Is that mean they will deny it or should let the company lawyer contact them.
Thank you for all your help.
I don’t know – it may have to do with consolidating files. Your lawyer may want to try to contact USCIS about the case (which is not easy) or maybe the asylum office. Take care, Jason
Did you file I-485 concurrently?
Normally local office will not adjudicate I-140 cases alone as it’s has little to do with your current status but rather your qualification and employer’s ability to pay your wage.
But if you filed I-485 concurrently and you do not have lawful status as you have been referred to the court, it might be necessary to refer your case to the office that files the charges.
Of course as Jason mentioned it also might be to consolidate files.
As long as you qualify for I-140 and did not submit fake evidence on your asylum case you will most likely to be fine.
Thank you, Jason! Great post, as always! It is sure a useful info for both who are waiting and who has been approved already!
I have one question – my husband is in removal proceedings and has his third(!) master hearing in July.
I got approved with my separate case in USCIS in March and filed I-730 a week ago.
He will go with the attorney on his MH, but it would be great to get your valuable opinion – do you think it will be wise to ask the Judge for more waiting time (to get my husband’s derivative asylum)? Do Judges grant some time in such cases or they don’t care and forward to Individual Hearing?
Thank you in advance and thank you again for your blog!
It may depend on the Judge, but normally, you would just give the Judge evidence that you won asylum and filed the I-730 for your husband, and then the Judge would put the case on hold so there is time to process the I-730. If you do that, I expect the Judge would give you another Master Calendar Hearing in 6 months or so to see whether the I-730 is approved, and if so (and if there are no other issues), the case can be dismissed and your husband can get his asylum based on your case). Take care, Jason
I absolutely loved this post! Thank you, Jason, for spreading the positivity 🙂
A question comes to mind: If I travel with an RTD, does the time I spend outside the US set me back with regards to the 1-year physical presence GC application requirement?
I’ve read conflicting things about this.
Sara,
According to one non-profit organization, it does not. They don’t literally count each day you have physically been in the US. However, extended trips, and not being able to show that you have been living in the US for one full year, may make you ineligible.
Thank you for sharing this, Jamie 🙂
It is actually different when you talk about time when you already have a green card and count time to your citizenship and when you are asylee and waiting to apply for a green card. It says somewhere in 485 instructions that in a latter case time spent outside US DOES count against 1 year time so you have to add the number of days you spent outside US+1 year when you calculate eligibility for green card application.
Thanks for this info, Alex. My lawyer is saying one thing, and other sources are saying different things.
At the end of the day, we need to go by what the USCIS says in the form instructions.
No travel it is then. Back to hoping my family can make it here for a visit somehow with the visa issues.
Why no travel at all? I have traveled for 12 days and just submitted my docs 12 days later, I don’t think it makes a big difference since the status adjustment takes so many months 🙂
You make a very good point!
This is such an awesome feeling to leave the country for the first time in many many years knowing you can come back! Hope you pick a nice vacation spot!
Just an FYI, both my RTD took exactly 3.5 months to get 🙂
I can only imagine how incredible it will feel to be traveling to see my family. So many feeeeelz just typing that.
Thank you for the thoughtful reply, Alex 😊
Alex, what was your experience with Immigration and Customs when you were re-entering the US? When was your last trip overseas? If you don’t mind sharing.
No problem at all. First time my encounter with Immigration officer lasted 30 seconds, second time I wast sent to secondary inspection. I waited for about 4 minutes and then my RTD was stamped with special stamp applicable only for returning refugees.
Alex, thanks
We have people travel with asylum and the RTD all the time. Even if it delays your GC by a few weeks, in the scheme of things, that may not be a big deal since GC applications are very delayed anyone these days. I vote in favor of taking a vacation, Jason
Vacation it is! 🔨 (The closest I found to a gavel.)
I could use a vacation too – maybe one day…
They need to throw in a 2 week vacation for every person who gets asylum in the approval letter and 3 weeks for their lawyers 🙂
I would not object to that idea. See you in three weeks…
That grant letter would not have been more than a vacation for me, but, vacation for Jason should be complementary we all can pool for Jason’s vacation 🙂
Thanks. Can I get a 10 year vacation? Or at least until our government returns to semi-rationality…
From what I understand, we apply for the green card one year and one day after the date of asylum approval. The green card will date back to the actual date of asylum grant. What about times to process the application, any timeframes for when to expect your GC after you submit the application?
The GC will actually be back-dated to one year before the GC is created; not to the date of asylum. The processing time is unpredictable, but it is longer than it used to be, and I would not be surprised if you waited a year for the GC. Take care, Jason
We have never had a problem for an asylee applying for a GC, but for a person with a GC applying for citizenship, you do have to make sure they have the requisite number of days physically present in the US. We may start counting days for asylees as well, since USCIS is being so difficult about everything. Take care, Jason
I have never seen that to be a problem, but given how USCIS is acting these days, I suppose you never know. If I hear about USCIS rejecting a case for that reason, I will post about it here, but so far (knock on wood), I have not heard any news about USCIS rejecting cases because the person was outside the US for a time and does not meet the one-year physical presence requirement. Take care, Jason
Thank you for your reply, Jason.
Thank you Jason. I am staying positive that my case will be approved. I had my interview in Chicago office in January and I have not heard anything yet. Is there any way we can check the response time for that office?
Hey Tesseract,
I don’t think there’s a “response time” per se for each office. It’s mostly a case by case issue, and could depend on a lot of factors like the nature of the case, the interviewing officer, the applicant’s country of origin and the need for background checks. That’s just off the top of my head.
Jason will advise you, though.
At the end of interview, were you given a notice to come back and pickup your decision in 2 weeks?
We also had our interview at Chicago office last March and nothing happened since. I signed a paper in the beginning that I’m not required to come after 2 weeks and that the decision will be mailed to me.
There is no way to know how long you will wait after an interview, and no such data is published (as far as I know). It has been 4+ months, so you may want to contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason