If you go to the White House’s official website, you will see this article: “What You Need To Know About The Violent Animals Of MS-13.” The article claims that the “violent animals of MS-13 have committed heinous, violent attacks in communities across America.” Indeed, the two-page article uses the term “animal” in reference to MS-13 gang members a total of 10 times. What to make of this?
On the one hand, there is no doubt that MS-13 is a violent, criminal gang, that causes great misery in many communities, especially in Central America, but also in the U.S. I’ve met and represented many individuals who were victims of this gang. My clients have been attacked by machetes, shot, raped, threatened, and had family members murdered. For victims of MS-13, no language can adequately express their disgust and anger towards the gang.
But here, we are not talking about victims. We are also not talking about over-heated pundits on cable news. We are talking about the United States government. And when the United States government, and our President, refers to people–even criminals–as “animals” that is not simply hyperbole. It is a dangerous step towards fascism and genocide. And I do not mean this in any metaphorical or rhetorical way. Dehumanizing people–even bad people–has historically been a first step towards mass murder.
President Trump’s characterization of MS-13 gang members as “animals” reminds me of the Rwandan government’s rhetoric prior to the 1994 genocide. Tutsis were referred to as “cockroaches.” At the time, Rwanda was involved in a civil war, which pitted the Hutu-majority government against the Tutsi-majority rebels. The Rwandan government had reasons to speak ill of Tutsi rebels, and certainly those rebels were no angels. However, the demonization and dehumanization of the enemy went well beyond the rebel soldiers–it extended to all Tutsis.
In the same vein, perhaps the strong language against MS-13 can be justified. After all, many gang members have committed vicious crimes. But just as rhetoric against Tutsi rebels ultimately harmed innocent Tutsi civilians, the impact of the President’s words will stretch well beyond members of the MS-13 gang. Here’s more from the White House website—
Recent investigations have revealed MS-13 gang leaders based in El Salvador have been sending representatives into the United States illegally to connect the leaders with local gang members. These foreign-based gang leaders direct local members to become even more violent in an effort to control more territory
So does this mean that all people from El Salvador are suspect? Are they all “animals”? And when we are selecting people for dehumanization, how do we know where to stop? How do we know who is actually a member of the gang? What about people forced into the gang who are trying to escape, or people who simply look like gang members (whatever that means), or former gang members? Where is the due process in the dehumanization?
And if you think that mere words are not dangerous, or they can be dismissed as “Trump being Trump,” let’s remember how the Nazis engineered the mass killing of millions of Jews and other “undesirables” during World War II. From the U.S. Holocaust Memorial Museum—
Exploiting pre-existing images and stereotypes, Nazi propagandists portrayed Jews as an “alien race” that fed off the host nation, poisoned its culture, seized its economy, and enslaved its workers and farmers. This hateful depiction, although neither new nor unique to the Nazi Party, became a state-supported image
The Nazis portrayed the Jews as a threat to the Fatherland. Jews were not people; they were aliens. There was even “evidence” for the threat: Some Jews were wealthy; others were Marxist. These vile stereotypes existed long before the Nazis, but when they were adopted by the German government, they led to genocide.
In our own time, many commentators and activists have been dehumanizing non-citizens. These modern-day blood libels have always been disgusting and disgraceful. But when the President and the U.S. government get into the act, it raises the danger to a whole new level. And we are seeing that play out now, most recently in the government’s decision to rip apart parents and children who arrive at the border seeking asylum (in many case from–ironically–MS-13). Could we tear families apart and separate children from their parents if we viewed these people as human beings? This is dehumanization in action, and the harm it will cause is very real.
Let’s not mince words about what is happening here. The White House, the President of the United States, and the U.S. government are referring to human beings as “animals.” And when governments negate the humanity of people–even people deemed undesirable–it puts us on a path where the only destination is death. All of us have a responsibility to bring back humanity and decency to our country. Let us resolve to do what we can before it is too late.
multiplies (see also article
HI JASON, when i have a green card on asylum basis on 2008, I applied for my spouse she got approved asylum and came to U.S on may ,2015, with granted asylum after one year on october 2016 i applied for her adjustment of status after few month on january , 2017 we received biometric from uscis which we make it on time. Mean while i applied for my Citizenship and i am becom a U.S Citizen on july,2018, now i received a letter from uscis regading my spouse case adjustment of status with her name letter mention those word (USCIS RECORDS INDICATE THAT YOU RECEIVED DERIVATIVE ASYLUM STATUS AS THE SPOUSE OF MOHAMMED ON MAY 242015, THE RECORD INDICATE THAT MOHAMMED HAS BECOME A U.S CITIZEN AND YOU CAN NO LONGER ADJUST STATUS AS THE SPOUSE OF AN ASYLEE . HOWEVER YOU MAY APPLY FOR ASYLUM AS A PRINCIPLE APPLICANT IN ORDER TO ADJUST STATUS PLEASE COMPLETE FORM I-589 APPLICATION FOR ASYLUM AND FOR WITHHOLDING OF REMOVAL AND SUBMIT IT, USCIS WILL RESUME AND PROCESSING YOUR FORM I-485 AFER A DECISION IS MADE ON YOUR I-589) MY QUESTION IS THIS IS MY SPOUSE GO THROUGH WITH ALL NEW ASYLUM PROCESS LIKE WAIT FOR ONE YEAR AND THEN APPLY FOR GREEN CARD AND SUBMIT ALL THE EVIDENCE ONCE AGAIN WHY SHE NEED ASYLUM OR MORE THINGS OR AFTER SUBMIT I-589 USCIS JUST APPROVED HER STATUS I-485 AS IT IS OR WHAT IS BETTER FOR ME TO DO I CAN SPONSOR HER AS A CITIZEN AND WITH DRAW THE ASYLUM APPLICATION WHAT IS GOOD AND FAST WAY GET HER GREEN CARD FOR MY SPOUSE THANKS
I replied to this previously – please see that explanation. Take care, Jason
Hi ,
I’m sorry I know that my question is irrelevant, but one of my friends recommended you.
My sister who is in F2b category was supposed to have her interview in upcoming months. Since we are one of those 6 countries included in Travel Ban so we are worry that her case maybe rejected after 7 years waiting. Since she’s the only family member who will be left in our born-country, we wonder if you can help us with the waiver letter, or give us some advice. I appreciate your time.
It is not something I know about sorry – I have not done a waiver application for a travel ban country. Take care, Jason
Hello Everyone,
I’ll try to keep this short. We all know how miserable and difficult waiting is. Also, with the new LIFO system and the removal of the interview-scheduling bulletin, without any replacements from USCIS, the problem is exacerbated. I have a solution! (I hope)
I created a Google Excel Sheet. Briefly, we get enough applicants to fill in their timeline information, we can pretty quickly created a “de facto” scheduling bulletin that is even more accurate and more useful than the old one that USCIS provided. Of course, for this to happen, we would need enough data from people who applied *BEFORE* February 2018 since all these cases appear to be promptly handled under LIFO. Cases before that (or backlog cases) appear to be handled differently from office to office.
@Jason Dzubow: Again there are no words to thank you for your devotion to the cause. If you agree with me and like the idea, perhaps you can help us speed this process up by including the link of the Google Excel Sheet I’m attaching in the next article that you may be working on. Also, if your firm and other attorneys you know share this information with your clients, we can get this data even faster.
Of course, it is all anonymous and no personal data is included. Please take a look at the Google Sheet (https://docs.google.com/spreadsheets/d/1u-6bcGnJFjRlQ8P67qseh3duh8a8GzbfnCYj-_ck9k4/edit?ts=5b25d5d0#gid=0) and let me know what you think!!
A full description of the idea and the sheet will be found on the sheet!!
Best of luck Y’all!! We can make this happen pretty quickly if we get enough participants!! The Google Sheet is public and anyone can add their information. As mentioned in the sheet, I will periodically (maybe daily or weekly) “protect” inputed information so that no one can go back and change what you entered. And evenutally, anyone can analyze the data themselves (and I will do a a full analysis myself too) and have this information available to everyone!
THANK YOU AND PLEASE CONSIDER THIS Y’ALL!
Hi Jason, I want to expedite my asylum case. I have a medical report for my case tells I am suffering from depression and suicidal ideation. Is it a good reason? My case in Los Angeles office
It is a good reason, but the expedite process involves a lot of luck. I wrote about that on March 30, 2017, and maybe that post would help. Take care, Jason
I file form I-589 on January 9th 2018, have not received any interview notice yet. My center would be Houston.
I have a question that I would appreciate if you could answer it.
1- I am going to apply for my EAD card should I pay for that? I am currently on my OPT.
2- I born in a restricted Islamic country and have converted to Hinduism last September. Although there are a lot of human right reports regarding minority religion in my country including Christianity, eckankar, Jewish, and any spiritual path of knowledge, there is not specific report on Hinduism. Do you think this would be a problem?
Thanks!
1 – The first EAD based on asylum pending is free. You pay for renewals. 2 – If you face harm for leaving Islam, then those reports may help you. But of course, it is better if you can find evidence about your specific situation. If you cannot find anything on-line, maybe consider finding an expert witness – usually a college professor who is an expert on Hinduism in your country (for example) and can write you a letter for the case. Take care, Jason
Yes, I will face harm by leaving Islam: not practicing it and not wearing Hijab! Finding a scholar in Hinduism in Iran might be a hard thing to do! I don’t know if such a person can even live there! 😀 I will ask the temple here to see if they have any reports form there.
Do you think should I add other allegations in my interview about freedom of speech and as a whole women’s situation in my country?
Thanks for your advice
You might add other claims, if they apply. But your real problem in Iran is the apostasy. Does it matter if you become Hindu or Christian or something else? It seems to me that the problem you face is because you left Islam, and that is a major crime in Iran – there is plenty of info available about apostasy in Iran. In fact, we won just such a case earlier this week (she converted to Christianity). Take care, Jason
Thank you Dear Jason, It gave me hope. As it is very hard to find such a report just about Hinduism. I will go ahead and find information about apostasy punishment in Iran.
Since I am on my OPT currently and it will expire on October 16th, Is it going to be a renewal or permission of EAD? Just got confused.
I would appreciate your answer.
It is only a renewal if you are applying under the same category as your old (expiring) EAD. If you are a first time EAD applicant based on asylum pending, it is permission to get an EAD, not renewal. Take care, Jason
Thank you so much!
Dear Jason, Unfortunately I filed my case with the worse attorney I could find in the planet! He could not even file the form correctly. He made a lot of mistakes once they return the whole package because he forgot something, and today while I was reviewing my I-589 I noticed that he just put the last 3 years of my address while I provided him the last 5 years! Now what should I do? Should I notify Houston Office or wait for the interview?
He made all his best to screw my case! I don’t know why he practices in this flied if he does not care about our shi… life!
I appreciate if you advice me with this,
Thank you so much.
It could just be an honest mistake – I do not know, but if you are not comfortable with the lawyer, you can find a new lawyer. That decision is totally up to you. As for the missing address info, you can correct that at the interview. It should not be a problem. Take care, Jason
Thanks Dear Jason, I won’t continue with him. It was not his only mistake, He has provided me with poor advice as well!
Thanks again for all the help.
I strongly believe that you have to trust your instincts for things like this – if you feel uncomfortable with the lawyer, you should not use him (and here there seems to be real evidence of his carelessness). The case is too important to trust to someone who you have no confidence in. Take care, Jason
Hi Jason and everyone,
AS always thank you for all you do for the asylum community here, this is the best website I could find regarding asylum process in the US. My question is My case is pending decision for almost 5 months now and living away from family with uncertainty has been very hard on me and my family. I have been in the US for almost 3 years seeking asylum. My case is in Sanfranciso and whenever I sent enquiry I have gotten the standard ” we will mail you decision when rendered” response and now I am planning to travel to the asylum office and ask in person. can you advise me on how to request? should I talk to a lawyer, does it make a difference by going in person? getting very desperate and depressed please any advise is greatly appreciated!
There is no good answer for this. I think you can explain that it has been 3+ years and you are separated from your family. If your family is having health, safety or other problems, maybe bring some evidence of this. Politely ask to speak to a supervisor. Stay calm and polite no matter what, but ask if they can please give you some idea about the case. This may or may not work, and the info they give you is not always accurate, but it the best I can tell you. I hope you get a substantive answer. Good luck, Jason
Hi Jason,
Have you had any I-485 applicant issued a biometrics code 5? When I went to the ASC for my biometrics, the technician there only scanned my four right hand fingers against the 10 fingerprints they scanned when I applied for Asylum a couple of years ago. Is this biometrics code new? Any ideas? I’m just curious.
I don’t know about this – Hopefully, the person did what he/she was supposed to do. If not, you may be required to get another biometric appointment. My guess, though, is that will be fine. Take care, Jason
I just send an expedite request . How much time do they take to respond? And how much time we have for interview if they accept expedite request ? Thanks in advance Jason
I think they are supposed to respond in 21 days, but that usually does not happen. If you do not hear something in a month, you can contact them and inquire about the status of the expedite request. You can find their contact info if you follow the link at right called Asylum Office Locator. In my local office (Virginia), once they accept the expedite request, it usually takes a few more months for an interview. Take care, Jason
Dear Mr. Jason,
Did you have any cases interviewed from Los Angeles from old cases like from year 2015? Without expedition?
Thank you
God bless
I have not – maybe someone else reading this will have one? Take care, Jason
Thank you for your reply Mr. Jason. I hope someone answer me or maybe there is no one interviewed on 2015. Thank you for your new article, very realistic and in this difficult time we should only try to survive and live.
Thank you
God bless
Mu father applied in January 2015
He expedited in March 2017 and received interview and received an inteview notice 21 April 2017
He was interviewed May 2017 but he’s still waiting the decision
We are separated from him since November 2014 and we wish that they give him the decision so he can bring us there by filinh I-730
I hope i helped u Liz
Take care
Your father may want to contact the asylum office to inquire about the status of his case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason,
Speaking of humanization and dehumanization..
Pending asylum decision since 6 years. I just need to see my parents who are residing now in a third country (not my home country). They are my everything, they are 70+ years old now, I lost my feeling of life while time is just passing tremendously slow with no answer from asylum office.
Can I apply for travel permit? I know how hard and advisable to avoid travel having no answer to the case yet, but I am almost hopeless of everything in life, this pending decision destroyed my whole life. I wish if they answered NO so many years ago. I bet I would have opportunity to find somewhere safe else to go. Now I don’t have the courage to take decision myself and leave the US with my family and kids, and get them prone to danger
back to my question, do the gentlemen in USCIS consider the massive number of years being pending when they grant the travel permit? Is it more powerful to return safely having my decision pending since 6 years? Do they think “human way” when it comes to this huge number of years? Or no?
2nd question, my home country passport is expired. I am unable to renew it, do they give some kind of paper to travel with?
I am so sad for your story but you can not travel without passport.
First of all, nice segue. You can get Advance Parole to travel and meet your parents – I wrote about that on September 11, 2017. The problem is that you will need a passport to travel. If you win asylum, you can get a travel document, but while the case is pending, if you travel with AP, you also need a passport. I am not sure what can be done about that – maybe there is some way to renew the passport? Also, you can contact the asylum office to ask about the delayed case. You can find their contact info if you follow the link at right called Asylum Office Locator. If that does not help, you can try the USCIS Ombudsman – a link is also at right. The final step is to talk to a lawyer about filing a mandamus case, which should at least get you a decision after all this time. Take care, Jason
Hi Ertugrul, Sorry to hear this. I am in your shoes too. Do you mind sharing the date of your interview and the office that your case is pending at? Are you by any chance from a Muslim country?
Hello everyone!
I just wanted to update on how insanely fast USCIS is working. Yesterday my I-485 was approved. It has been pending for less than three months. I fit the stereotypical “questionable looking middle eastern” but not this time!
Thanks for the reassurance, Thomas, and congrats!
What office? Do you live in a midwestern state?
Congratulations on the approval! This has not been the norm for many people filing I-485 forms, but I guess in some cases they are getting things done more quickly. Take care, Jason
Hi Thomas,
Congratulations!!!! Did you submit your I693 together with your initial filing? My lawyer didn’t submit my medicals, because she prefers to wait on USCIS to request for evidence. I must agree with you that your case was “insanely fast”.
We also recently stopped submitting the I-693 forms since USCIS takes too long to process the cases and the medical exams are expiring during the waiting period. Take care, Jason
Hi Jason,
Could you tell me your opinion on this topic please, it is time for my family apply for I-485. There is new rule on USCIS site about “no more requests for evidence, just deny and Noid”. In EXCEPTIONAL circumstances they will send request for evidence, according to the website: “it starts in September”. Should we send I-693 right away with I-485 form? It sad to go and pay for medical exam twice.
Thank you,
Alan
There has been debate about what to do among lawyers. I think most seem to believe that you do not need to send the medical exam with the I-485, and the I-485 instructions say something to that effect. Nevertheless, I have not tried that yet, and I do not know for sure how USCIS will respond. If they deny cases for failure to include the medical exam, that is very unjust, but I cannot advise you one way or another on this until we have more specific guidance from USCIS or until we see how they are actually behaving in such cases. Take care, Jason
Hi Jason,
Thank you for useful information.
I have a question which is out of your topic.
Applied to renew my EAD card. I am wondering how long it takes to get the first notification?
You should receive a receipt in about 4 weeks. The wait time for the new EAD is less predictable. Some people get it in a month; others wait 7 or 8 months. Take care, Jason
Dear Jason
thanks for this awesome website !
which month and year is Arlington asylum office interviewing from the older filed cases.If you are not sure ,just to have the idea ,who got interview notice recently among your clients from the back log cases .
thanks
The only cases we have had interviewed recently were expedited cases. However, in the last few months, we have had cases interviewed from fall 2014, and one case interviewed from January 2018. We filed at least one case in March 2018, but there has not yet been an interview, and we are getting ready to file a number of cases soon, so we will see what happens. Take care, Jason
Hi Jason,
a quick question,
having a good educational background like (Master, or PhD degrees) and working in the professional field does affect in getting approval in asylum case?
Its not a ground for asylum, but a good ground for EB 2
It makes no difference under the law, but often more well-educated people are better able to navigate the system and communicate effectively with the asylum officer or judge. So in that sense, it certainly helps. Take care, Jason
Hi ,
Jason or if anyone know what’s current date is going on in Arizona . I filled my case in Miami but planning to move to Arizona. Jason u have idea of approval rate in Arizona?
I don’t know, but you can find which office your case will be in if you follow the link at right called Asylum Office Locator. Once you know that, you can check some statistics on a post I did on March 7, 2018 (there are some links in that post that might give you more up-to-date data). Take care, Jason
14 months pending I-485 based on asylum for me, my wife and 2 kids,
Many got it in 4-8 months
Is it the background check?
It took 22 months to get the decision after the asylum interview,
Can I do anything now?
Thank you.
HA – Can you tell me which office your case is pending, I am also in the similar situation, have you submit any enquiry?
I am in CA, my application in Nebraska,
What about you?
Texas service centers took 14-21 months to process a request. So you are well within the range if your case is pending there.
On the other hand Nebraska Service Center took 4-8 months on average.
Yes you are mostly correct, one of the main reasons of such delay is due to background check. Even if your case is pending in Nebraska it might took around 21 months to process if comprehensive background check is involved.
For now just sit back and relax, very little can be done until 21 months.
The I-485 process has become a lot slower, so I think 14 months is within the average time frame. You can contact USCIS to inquire – you can find their phone number at http://www.uscis.gov. I doubt that will help, but it won’t hurt. Take care, Jason
22 months is definitely a long time to process i485 at Nebraska service center, when they average between 3 to 8 months to process it. At this point, don’t just sit back and wait, you need to get proactive. Locate your congressman office who serves your jurisdiction (where you live) and go there in person letting them know it’s been 14 months since your i485 has been pending for something that takes 4 to 8 months at NSC to process. Your congressman office will call up NSC on your behalf and this gesture is a huge one and very beneficial! You can expect to see an action taken on your case within the next 30 to 60 days! My i485 was pending for 12 months at the Texas Service Center (which takes ridiculously 16 to 26 months to process i485s) but no way was I going to wait that long. I visited my congressman’s office who placed an inquiry on my behalf to TSC and within 30 days I got an RFE for updated medicals and 3 weeks after sending my medicals back, my i485 was approved and I got it in the mail less than a week after! The congressman’s assistance can be very helpful most times!
14 months*
Hi Dear Mr. Jason,
I have a question about bank account. I got my bank account with student visa, if I disconue my student visa and be legal asylum applicant can I hold my bank account or will I face problem?
Thank you
God bless
You can hold your bank account.
F1 status actually requires the bank to withhold more taxes. So one thing you can do is to call the bank and let them know you are now a legal resident they can update their status.
However in my experience many representatives are not familiar with Asylee status they only knew LPR status.
Anyway you are good even w/ your old status on your account if you notified the bank but they refuse to update your residence status.
I do not know why you would have a problem, and I think it should have no effect, but I am not sure. You can ask your bank and they should be able to tell you. Take care, Jason
Thank you for your reply. I appreciate it.
Do you know anyone that has been interviewed from the summer of 2015 ?
SORRY summer of 2017
I do not, and I would guess that no one has been interviewed from then, at least at my local office (Virginia). The only exception would be someone who expedited the case. Take care, Jason
With Lifo system does it mean they go backward and Interview people that filed in Summer of 2017 ?
Supposedly, but we have not even see them interview cases from December 2017 yet, so my guess is that they will not be working their way through the backlog very quickly. Take care, Jason
Hi Jason,
Recently I submitted my I-589 form and I have received my submission receipt two days ago. My question is this. Can I travel withing the US by plan? or should I have travel by road(by bus) ? what do you suggest?
Thank you so much.
Best
Rebecca
If you are still lawfully here on a visa and you have a photo ID or passport, you should be able to travel by plane (talk to the airline about what ID is acceptable, if you are concerned about this). If you have no status here, you might want to wait until you have your asylum receipt before you travel. That should only take a few weeks. Take care, Jason
Hi Jason,
Do you know anyone or exexperience who got asylum granted based on belongs to particular social group and then he applied for his wife I 730 and she is in a country which does not accept such marriages but his application is approved by the USCIS as they married according to the normal marriage law?
Thanks.
I am not sure about that, but if the person won asylum (for whatever reason) and then filed an I-730, the person can bring his/her spouse to the US as long as they have a legal marriage. If there is a customary or other type of marriage, I would talk to a lawyer to determine the best approach. Take care, Jason
Hello Jason.
Thank you for the free advises you give out daily you are really a great person! I will like to ask for advices on how to add my spouse to my already submitted i589. I have called the AO and was told to send a new i589 for him with his own details. I am the principal applicant. He just came into the country last month but he is not under fear or persecution in our home country, I just want us to be here together.
1. on page 1 of the i589 before the part A, do I need to check the box that says if you are applying for withholding of removal under CAT
2. in the part B, does he have to click yes that he has been harmed and fear harm or mistreatment in the home country as I filled in mine too? he is only a dependent in the asylum application
Thank you verymuch
I can’t answer specific questions about forms, as I do not know the case. I can say that when adding a spouse as a dependent to an existing case, it is not necessary that the spouse also fear harm in the country of persecution for the main applicant (or even be from that same country). Also, when we have added spouses, we did not complete a new I-589 for the spouse – we submitted a copy of the original I-589 and a signed page 9 of the I-589 for the spouse, so maybe make sure they really want a new I-589 for your spouse. Take care, Jason
Hello Jason
Thanks for you good job here. I recently had my interview at Chicago office. And I just figured out there is a mistake in my I-589 form.stating when I left my country last. I’m married to another national and we left from my spouse country to USA. The last time I left my country was 6 months before coming to America. I am worried that I did not make the correction before the interview and this will impact my case negatively. Pls advise
Thank you .
You can email a letter to the asylum office explaining the error. You can find their contact info if you follow the link at right called Asylum Office Locator. Make sure your alien number, date of interview, and name or number of the asylum officer is on the letter (if you have that info). And I would keep the letter short – one page should be enough to explain this. Take care, Jason
Hello Jason,
I was wondering when would be the best time to reach out to Ombudsman for help.
I had my interview at the end of October 2017 in a circuit ride location of Chicago AO. It has been exactly 7 months and I have made 5 inquiries which resulted with standard e-mail replies.
I am from a Muslim but not banned country. I know you will say it is normal to wait that much but I would like to learn about what is “not normal”. At which point should I start to look for Ombudsman help, Mandamus Lawsuit, etc.?
I am well educated, finished Ph.D., working in a reputable company and could easily move to another country with my skills. I chose to stay and be the part of the society in U.S. I have been paying my taxes since I came here, working hard to help people, and obeying all the laws. I chose to “Make America Great Again” LOL. Yet, my suffering never ends.
I will appreciate if you can give some information from your experience. Thanks.
I would not recommend suing USCIS at this point.
Most likely the case is going through headquarter review or some “extreme vetting”. You might force a referral instead of an approval.
Also, recommend you talk to a lawyer regarding filing EB1 as your work during PhD might make you eligible.
Also your employer can sponsor you for EB2/3 which most likely you will have visa # available right away and if you are not in status but are not bared to return you can do consular processing in say Canada or if you are still in process AOS. It’s better than Asylum if you obey the law and not commit a crime.
However if you are a criminal type do apply asylum but do not become LPR otherwise you will be deported back after sentence. Asylum shield you from removal unless asylum status is terminated first.
And of course, make sure you are eligible to get a GC if you try to do an employment-based application, as many people are not eligible for that, and it is better to know before you start the process. Take care, Jason
In your shoes too! Doing PhD and could easily continue my life and education in another country. I was interviewed in April 2017 in circuit ride of Chicago Asylum Office and no decision yet. Seems this is the way it is with this office. The only thing I learned after waiting for 4.5 years now is that we are in a “waiting game”. Just hope to get a positive decision after waiting this long LOL
More than 1 year waiting for the final decision is long. How did the interview go? Are you from a banned country?
Rob, Indeed it is! Interview was 1 hour long. Hard to say how it went as the officer was so neutral. He was a young AO – maybe 26 or so. Not a banned country, but a Muslim country.
Same here. Is your Phd in Engineering, chemistry or any sensitive area that might slow the security clearance ?
@Ahmed, actually it is in Chemical Engineering and holding a BS in Chemistry. Do you think this can also slow down the process?
@Jason, I would appreciate if you have any input in this regard too.
I have never noticed any correlation between a profession like that and delay in the case. We have seen delay for people in the military of intelligence services, so I guess it is theoretically possible, but I doubt it will have much (or any) effect. Take care, Jason
There is no rule about this, and the Ombudsman is fairly useless. Nevertheless, if you think you may file a mandamus case, you should do an Ombudsman inquiry first. And anyway, it is free and there is nothing to lose. You can do that now, if you want. If that fails, you can then file a mandamus (talk to a lawyer about that), though that only gets you a decision, not necessarily a good decision. Take care, Jason
Anyone have any updates about the Chicago asylum office and the initial interview? I.e. any old cases being interviewed? Successful scheduling of interview from the short notice list? I filed in 2015, and with no interview in sight coping with uncertainty gets harder for me each year. I tried making inquiries but the response is that my case is pending. At this point I’ve almost become convinced I will never get an interview.
They are following LIFO – we recently had an interview there. I do not know about old cases though. Maybe you want to try expediting your case – I wrote about that on March 30, 2017. Take care, Jason
Thank you, Jason, for the reply!
We had our interview on April 10, 2018 and we applied on Feb. 2018. So, I guess they still following the LIFO. We still waiting for a decision but from what I read I think they are taking much more time sending the decisions. I don’t know really.
Hi Justice,
What are the references you are referring to for claiming more time for sending decisions?
Justice – thank you for your reply. I, too, have heard that decisions post-interview may take a very long time at the Chicago asylum office. And to reply to the poster below (Jake), one good resource for reading about it is the national immigrant justice center in Chicago. Not sure what Jason’s policy is on such links, but it can always be deleted if necessary:
http://www.immigrantjustice.org/policy/blog
Link away! I don’t know of any statistics on wait times post interview, though I feel like I once saw some numbers from the asylum office. The problem is that wait times are so unpredictable and variable, even if you knew the average wait, it wouldn’t help much in a specific case. Take care, Jason
Hi All,
Just to update you that I received my interview letter for June 13th in SF office. I applied in March 2016 in SF.
And thanks again Jason!
Hi Mad,
Were you in a shortlist or had requested an expedited interview? And good luck!
I did not expedited or put short list.
Good luck with the interview, Jason
Dear Jason,
Plz advise, I am waiting for my GC since 1 year, still haven’t received decisions based on Asylee, I did enquiry and they said within 8 weeks I should receive a decision, but still haven’t received any decision? My EAD is going to be expire next month, can I request another enquiry with sending a letter explaining my current situation? Do I need to pay EAD fee for I-765 as a asylee? Should I use the code as A5? Kindly advise?
Assume you filed w/ Texas Service Center… It seems that the Texas Service Center took longer to process asylum based AOS and the response from USCIS is that there is some vesting process slowing it down.
It’s very common for you to wait 1 year and you might have to wait for another couple of months, but hopefully less than that.
You will not need your EAD to complete I-9. You can use either your stamped I-94 or your SSN Card + ID. Just make sure you renewal your driver’s license.
If you need a new EAD, you will have to pay $410(as of now) renewal fee and the code is (A)(5).
Such delays are unfortunately very common now. You may need to re-apply for a new EAD based on your asylum status. If so, you do need to pay the fee. The good news is that you will receive an automatic extension of your old EAD for 6 months. If you do not have an answer for you GC application soon, you can inquire with the USCIS Ombudsman – a link is at right and they can sometimes help with delayed cases. Take care, Jason
Thank you Jason!!! Please advise, what is the best way to reach out USCIS Ombudsman by CALL or MAIL? What could be more quicker in terms of getting response back?
I have always contacted them via the on-line form on their website – a link is at called under USCIS Ombudsman. Take care, Jason
Jason, your response puzzles me. First, an asylee is employment authorized incident to status, and a stamped I-94 should be sufficient evidence of that — so an EAD is unnecessary (although handy). Second, there is no legal authority for USCIS to demand a fee for any I-765 filed while a fully-fee-paid I-485 is pending. See 8 CFR 103.7(b)(1)(i)(II) (“Application for Employment Authorization, Form I-765. $410. No fee if filed in conjunction with a pending or concurrently filed Form I-485 with fee that was filed on or after July 30, 2007.”)
Many people need the EAD – for a driver’s license or other ID, or because the employer does not understand eligibility. In theory, a person can use the I-485 receipt to “pay” the EAD fee, but this often does not work, especially for a renewal of the EAD. I think you are right that the person can try to avoid the fee by submitting the I-485 receipt, but it may not work and then they would just need to pay the fee if they want a new EAD. Take care, Jason
Thanks Jason. You’re right that not submitting the fee often does not work— I’ve had I-765s returned multiple times for nonpayment — but as I said, the reg is absolutely clear that no fee is due. I’m determined to get USCIS to recognize this. Now that GCs are taking so long, it’s even more important.
I wish you good luck – we have also tried this recently, but gave up after a case was rejected. The client preferred to pay twice (for an I-485) rather than delay the process. USCIS’s behavior in these situations is disgraceful and incompetent. Each person will have to decide for himself how to deal with it – pay the fee and (hopefully) move the process along, or try to get USCIS to do the right thing, even if that delays the immigration benefit. Let us know what happens. Take care, Jason
I agree with Jim. I’ve never met anyone who was victimized by MS-13 as you describe, “attacked by machetes, shot, raped, threatened, and had family members murdered.” But I know that gang members of violent groups like this, by their own actions, have robbed others of the victims’ human dignity and therefore have diminished their own. President Trump didn’t dehumanize MS-13 gang members, they did that all by themselves, by removing themselves from civilized norms of behavior, even from the “norms,” such as they are, of criminal behavior.
I think you put far too much trust in the government if you think it can arbitrarily label people “animals” because it suspects that they belong to a gang, and then still act according to rule-of-law. People are innocent until proven guilty – that is a foundational principle of the US justice system. Labeling them “animals” without due process, and acting in ways to harm them, turns our concept of justice on its head. Take care, Jason
Hi Jason, Thanks so much for the wonderful work you do on this forum! God bless you!
My asylum application was filed on 5/07/18 and I received an acknowledgment of receipt dated 5/17/18. However, my first name was misspelled in the acknowledgment notice. I have checked my I-589 and it was spelled correctly (also confirmed by my attorney). The mistake (typographical) is therefore from the Newark Asylum Office. My attorney has emailed the asylum office to get it corrected (about 2days ago) and intends to follow up with a phone call in about 1 week. Has anyone here ever had this experience? What happens if the correct notice isn’t issued before I receive notification for biometrics, can I do the biometrics with an acknowledgment of receipt where my name is misspelled? I intend to apply for an NJ State Driver’s license, would the typographical error in my name pose any challenges to this?
If email does not solve the problem, maybe you can go in-person to the asylum office to try to fix it (check the hours that they are open on their website – which you can find if you follow the link at right called Asylum Office Locator). Under the LIFO system, you will likely get an interview soon, and you can tell the officer about the error at that time too. My guess is that this will not be a big problem, and it should get resolved either before or at the interview. Take care, Jason
I have had this experience, I called the AO and was told to fill the page 1 of the i589 with the correct name and attached my birth certificate and international passport with a letter. as my interview came soon I did not send this again but I corrected the mistake at the interview instead, it was not a big deal !
Thank you Jadyn, but were you able to do your biometrics even with the error that was shown on your acknowledgment notice?
Yes. I had my biometrics with error. When I told them,.they said I should call the AO in my area who told me to send the letter but as the interview was so soon I did not send the letter. At the interview you will get the opportunity to correct any info
hi Jason
thanks for the usual help.
for I-485 application denied and returned by USCIS for a reason of incorrect fee(as stated on the rejection receipt) can i just send the correct fee without changing any thing over the application(i mean with the old date and signature)? or I have to sign and date it with the current date ?
Thanks
If the only problem was the fee, then you should be able to add the correct fee and mail it with no other changes. I would doubt check that your version of the I-485 form is still current, as USCIS has updated the form a few months ago. The form date is on the first page, bottom left hand corner. Take care, Jasn
I can’t agree with you, Jason. I think that ability to call a spade a spade is the main thing that protect us from fascism and genocide. No doubt that someone who raped and murdered people are not human. And if Europe in 1930s could tell that German nazism is criminal regime we probably wouldn’t have Holocaust.
If a person is convicted of a crime and – for some reason – the President has the urge to call the person an “animal”, I suppose that’s one thing (even if it is counter-productive, immature, and probably bigoted). But here, there is no conviction. There is not even a trial. No one is “calling a spade a spade.” This is the government of the United States labeling and dehumanizing people with no due process of law and playing to the racial bigotry and fears of certain Americans. This will – and is – having serious consequences. We should learn from our past mistakes, not embrace the hate and lies that led to those types of mistakes in the first place. Take care, Jason
There are no certain persons in the article. There are no mentions to the race. There is MS-13 gang, which is brutal criminal organisation. Don’t they deserve hate? Or we can call them animals only after every member would have been convicted?
MS-13 is a gang from El Salvador – they are Latino. If you as a private person want to label someone an animal, that is one thing, but when the government does it, it is very different. In the US, there is the presumption of innocence – innocent until proven guilty. Are all MS-13 gang members “animals”? What about children who were forced into the gang? What about Latino men with tattoos? What about Latino men? When the government makes irresponsible statements, and acts on those statements, people are harmed. The government must exercise restraint. It may not be viscerally satisfying, but it is necessary if we want to live in a civilized nation where justice and rule of law are respected. Take care, Jason
Hi. What is average fees for lawer to file Appeal in Boatd of Appeals BOA for any asylum immigration case refferedby immigration court.
Different lawyers charge differently. I am not even sure what my offices charges for such an appeal – it depends on the case. My guess is that most lawyers would charge between $2000 and $5000 for an appeal. Take care, Jason
Hi Jason
Thanks for your good work.
When AO ask how one got visa. What’s unit for the question.
Is it wrong to use agent to obtain visa.
Good afternoon Jason,
Given your experience, if an I-730 gets denied, what is the next step? Can I appeal to reconsider? If so, how much is the chance to win?
Sayer
I believe there is an appeal process if an I-730 is denied. The denial letter should tell you about this. However, whether or not you should appeal is another question. If the I-730 was properly denied (because you failed to include some evidence for example), then there is no reason to appeal, and you should re-file with all the proper documents. An appeal is generally only for a situation where USCIS made a mistake. So if the case is denied, talk to a lawyer to decide on the best approach. Take care, Jason
Hi Sayer,
Did you apply for I 730? If so did you hear from them? and when did you apply. Please share. I have been waiting for a decision now very long time.
Thanks
Hi Dana. Iam also waiting for my family I 730 decision. So if u don’t mind kindly share how long you wait for you I 730 decision and which service Center you file. Thanks for your answer.
Hi Ad,
Im waiting for 10 months now. Centre is Nebraska. When did you apply and which centre? This is very frustrating for wait for something that have no idea.