It’s not easy to be an asylum seeker these days. Between the government’s efforts–often disingenuous–to undermine asylum claims, the long delays, and the unnecessary bureaucratic obstacles, the process has become more stressful and more unfair than at any time in recent memory.
It’s also become more difficult for attorneys who represent asylum seekers. Given the government’s unpredictability, we can’t easily advise our clients or evaluate their cases. It’s also harder to help them understand the process and to predict how long they will wait for an interview or a decision. In other words, it’s more difficult to serve as a counselor for our clients.
It’s also more difficult to offer our clients encouragement and hope. The long delays and hostile environment have made the asylum process (and the immigration process in general) more stressful. Clients need a sense of hope, and they need to feel someone is on their side. Hence, attorney as cheerleader.
Fulfilling both jobs—counselor and cheerleader—is not easy, and at times, the two roles can be contradictory. So how can we as lawyers provide honest counsel and still offer our clients hope?
First, I have found that even clients in the most dire circumstances appreciate hearing the unvarnished truth about their cases. Especially in the beginning, when it is time to evaluate the case and present the client her options, it is important not to sugarcoat the odds of success or gloss over potential obstacles. I sometimes have a tendency towards pessimism when I evaluate a case, as I don’t want to give the client unrealistic expectations. I also want the client to know what she is up against, so she can make her own decisions about how to proceed.
Also, of course, it is very important for the client to understand the problems in the case. Is there a one-year bar issue? Or other bars to asylum? Are there potential credibility problems? Is there important evidence that will be difficult to obtain? All this we need to know, so that the client and the lawyer together can prepare the strongest possible case.
The client needs to understand the process of seeking asylum, in all its dysfunctional glory. He needs to know how long a case might take, and whether it will likely be referred to court. He also needs to know about the limits of what we lawyers know. The fact is, the system is a mess. Even people working within the system often cannot predict how long a case will take, and lawyers like me certainly don’t know. We have to convey this uncertainty to the client, so he can understand the range of possible events. With the most accurate (albeit limited) information available, the client can make the best possible decisions for himself and his family.
In short, it is very important that the client understand his situation as clearly as possible, so he can prepare his case, make informed decisions, and have some sense of his prospects for success. But once the client understands the case and decides to go forward, he needs support and hope. He needs to feel that success is possible, and that he won’t be stuck forever in limbo. This is where the cheerleading comes in.
The process of seeking asylum is long (despite—or maybe because of—LIFO). It’s also grueling. Many clients want to forget about the bad things that happened to them back home. But for those mired in asylum-land, they cannot put traumatic events behind them. Also, many asylum seekers are separated from their families, which is particularly difficult and stressful for those with young children. There’s also the overall uncertainty of not knowing whether you can stay in the U.S. or you will have to leave. Should you buy a house? Build a life? What if your case is denied and you lose it all? Any human being living through such uncertainty will feel stress, but it’s even worse for asylum seekers, many of whom have suffered trauma, and whose family members may still be in danger. People in this situation need hope.
There is a school of thought—which was already outdated when I was in law school—that the client’s emotional needs are not the attorney’s problem. If the client needs a shoulder to cry on, he should find a friend. Or a therapist. It doesn’t help that we lawyers don’t receive much training in counseling, and that we’re usually super busy and don’t have time to sit and listen to the client’s troubles. There’s also the issue of attorney burn-out. Getting too emotionally involved in a case can lead to more stress and less objectivity, which is not good for the lawyer, or, ultimately, for the client. Despite all this, lawyers can offer clients hope and positivity in order to help them get through the difficult process of asylum.
How to do this? One way is to focus on aspects of the case that are within the client’s control: Obtaining evidence and witnesses, preparing the affidavit, applying for the work permit, trying to expedite or short-list the case. Much of the asylum process cannot be influenced by the client (or the lawyer), and so taking steps that are within the client’s power at least gives her a sense of agency.
We can also encourage clients to live their lives as normally as possible: Get a job, go to school, get married, have children. To the extent possible, it is better to build a life, instead of allowing the uncertainty of an asylum case to rule your day-to-day existence.
Finally, we can try to emphasize the positive aspects of the case. Once the client is going forward with the case and understands the challenges, there is no point in focusing on the negative. If it’s very unlikely that your client can overcome the one-year bar, for example, do everything possible to help the client demonstrate an exception to the bar, but once that is done, offer the client some encouragement: Some Immigration Judges or Asylum Officers will interpret the bar more liberally, maybe the client will get lucky, etc.
These are difficult times for asylum seekers in the U.S. As attorneys, we have to continually push ourselves to be more compassionate and more patient. I know personally how difficult that can be, but if we want to best serve our clients and stand up to the forces against them, that is what we must do.
Dear sir I have pending asylum case and I want to attend convention in Canada.is it possible I can apply for travel document . I am not interviewed yet by asylum officer
Thanks a lot
You can apply for Advance Parole – I wrote about that on September 11, 2017. You would also need a visa to Canada. Take care, Jason
In Virginia state
Dear Jason,
Hope you doing well. Thank you helping.
As an asylum applicant if some one got littering ticket during driving. Could it effect on Asylum Application?
Thanks for your time.
That should not affect anything, unless you are asked about it and do not tell them the truth. Take care, Jason
Hello Jason! Hopefully you are doing great!
If you would like to share your thoughts on this please.
https://www.reuters.com/article/us-usa-immigration-prisons-exclusive/exclusive-u-s-immigration-authorities-sending-1600-detainees-to-federal-prisons-idUSKCN1J32W1
The US government is trying to detain as many people as possible, but this generally should not affect affirmative or defensive asylum seekers with pending cases, unless they commit a crime. Take care, Jason
Is there any remedy available if someone with a pending affirmative or defensive asylum gets detained without committing any crime?
Ask for a bond and try to get released? That is about all you can do, as far as I know. Fortunately, I have not heard about non-criminal asylum seekers being arrested, so hopefully, it is not happening. Take care, Jason
Thank you sir!
Hi Jason,
Thanks for being a guide light for us.
My concern is: have you heard that someone citizenship got denied as a result of returning to home country (with GC based on asylum and home country passport) ? I visited family for 40 days after 3 years in USA as my grandmother was passed away and my mother was under panic attack that she was losing all her family, especially that she had almost lost my father (heart attack), and that I am away from home too. I had to visit her during that time to comfort her so she could recover.
I have certificate of death of my grandmother and doctor note that she needs time to relax due to the severe panic attack and a letter from the person I stayed at his home for the time I was in my country. I would love to hear your opinion:
1-are the documents enough ?
2-I have no idea that i should not travel with my home country passport ?
3- do you think i would face trouble ?
Thanks,
Jamy
I have not heard of someone loosing their status based on a trip to the home country, but it is possible that this could happen. 1 – I think these documents are helpful. Maybe if you also have all your old asylum evidence, and evidence about how you stayed safe during your trip, that would be good to have too, in the event that you need it. 2 – It is better to get a Refugee Travel Document. 3 – If you fear harm from your government, it is more likely you will have trouble (since you used a government passport and entered through a government airport/border). However, if you fear terrorists or other non-state actors and the government cannot protect you, I suspect there is a lower chance of having any trouble. Overall, my guess is that you will be ok, but you can talk to a lawyer about the specifics to better evaluate the situation. Take care, Jason
You are awesome sir, all respect to you.
Hi Dear Mr. Jason,
I read in the BBC news that ICE arrested 1600 illegal immigrants & even make it difficult for people seeking asylum! Maybe if asylum seeker send to court & not get approval there they arrest them & take them to jail? Do you have any idea about these arrests? I am totally shock… I was depressed for waiting from 2015 & not able to expedite and after reading this news I prefer to die instead of going to jail for the crime of being asylum seeker! Sad!
The arrested people were not asylum seekers. You are lawfully allowed to remain in the US while your case is pending and I have not heard of asylum seekers being arrested (unless they commit crimes). Presumably, you will just keep waiting (and hopefully have a work permit) until your interview comes, but we cannot predict when that might be. Take care, Jason
Hey Liz,
You’re obviously very stressed, and justifiably so, about waiting indefinitely for your interview and these events don’t help.
You sought asylum because you had faith in your case and your chances of winning, and my advice for you is to try to hold onto that faith and shrug off all these fears as best as you can. You are protected here as a law abiding asylum applicant, and nothing can change that. A lot of people will spring into action if any harm were to befall you. Try to take some comfort in this, and follow Jason’s advice about living your life as if you’ve won. It’s the only way to survive the wait with our sanity intact.
I hope you get your interview notice soon, and a swift approval. All the best!
Thank you so much Dear Jason & Sara for your thoughtful advice & comfort. I feel better now. Yes, I am depressed but from now I try to follow the thinking that I already won & live. I know I should not loose hope by reading news but when you are in too much pressure every small things can trigger your mind. I try my best to hold on & not loose hope.
God bless
Hang in there – You will get through it. Take care, Jason
So sweet dear Jason. I will try my best.
Have a nice weekend!
Hello,
I just wanted to share my final timeline since I have received my Green Card yesterday. I was pleasantly shocked to get a GC approval after only 5.5 months. (Nebraska Service center)
July 2013- Applied
March 2016 – Interview
December 2016 – Approval
December 2017 – Applied for GC
May 30th 2018 – GC approved.
June 6th 2018 – GC in my hands
I wanted to wish everyone a positive and fast outcome of their cases.
Congrats, Alex! And thanks for sharing your timeline 🙂
Great – Thank you for sharing. We have heard from a few people who got their GC quickly, so hopefully that becomes a trend. Take care, Jason
I’ve heard Nebraska is the fastest office to process Green Cards…hopefully other ofiices follow the example
Congrats Alex and thanks for sharing. If you could possibly please answer my questions while I am waiting for the interview decision for almost 7 month, that would be so helpful. Where you student when applied as an asylum? Are you from a middle east country? And while you were waiting for the decision, was it pending back ground check?
Thanks.
1) Yes, I had valid F1 visa and then OPT before I was approved. 2) No, from central Africa. 3) I have no idea why it took them 9 month to reach a decision. I did not have any interaction with the police in the USA, I have not even had a single ticket.
@Alex, Thank you for your respond. Mine was almost the end of OPT when I applied in 2015. Interview was two years after I applied and now almost 8 months waiting for decision. It is pending background check. I don’t know why, I have no any ticket, no any interaction with the police, and also working with government sector. BTW, I am glad for you and I hope to get my approval as well.
Hi Alex
Congratulations, can you describe your case status’ all updates? Like mine was
1. Fingerprint fee was received (4 months ago)
2. Fingerprint review was completed (a month ago).
And what was the last status update before approval.
Thanks,
Nebraska service center is so fast! I applied for mine at the Texas Service Center in January 2017 and got it in March 2018. Mine took 14 months! And this was because I involved my congressman who inquired on my behalf. You are quite lucky.
Only NSC and TSC offices process asylum-based green cards. TSC needs to transfer some of its asylum-based i485 workload to NSC. Nowadays, i131 (travel document) applications that used to be routed to TSC (for those living under TSC’s jurisdiction) are now being routed to NSC. They should do the same for i485 applications coming from states under TSC’s jurisdiction, seeing that TSC is way too backlogged already. TSC is taking 16 months to 26 months to process asylum-based i485!
what is the processing times for EAD renewal? would that be ok to submit renewal 4 month beofre.
The earliest you can submit it is 180 days before the current card expires (don’t submit it any earlier, or USCIS will probably reject it). Four months is fine – you can submit it then. Take care, Jason
Thanks, Jason.
Do you have any idea how long it takes to get the response? The response period might affect my employment
You should have a receipt in about 4 weeks. The receipt automatically extends the old EAD for 180 days. Take care, Jason
Hi jason, hope ur doing great. I have a question for u so if I already have the master hearing date or I already passed master hearing waiting for the individual hearing, I need Go to other city or state, can I change the address and maybe move the case to other cities? Thank you.
You have to change your address if you move using form EOIR-33. But unless you file a motion to change venue, it is not likely that your case will be moved. Take care, Jason
Thank you and you mean If I file a motion to change venue, My case will be moved, right? It not reach 180 days, so I don’t want to move.
A seemingly new policy will stop the “asylum clock” and block you from getting the EAD if you move to a new asylum office prior to 180 days passing on the clock. I am now recommending that people do not move until they have the EAD in their hand. Take care, Jason
Thank you
Hi jason, hope ur doing great. I have a quick question for u so I’m an asylum applicant (decision still pending) with valid ead. I will be driving next week from Phoenix to Texas where I was told there’s internal border checkpoints along the route where they ask about ur legal status, is my ead card enough to show my current status or do I need to prepare something else. Thanks
I would also bring a copy of the asylum receipt. Take care, Jason
Hi, Jason I really appreciate all your help that you provide us all detressed people who are waiting for their asylum cases. I applied in May 2016 with my husband and kids and still waiting for the interview. We got our EAD and SSI (work only) in December of 2016 and according to our income at that time we qualified for medi-cal. I have young kids so I have been using it for a year now. Just wondering if it will have a negative impact on our asylum application? What should I do? Should I still buy another health insurance to be on a safer side? (It will be expensive for family of five), but I don’t want my interview to be jeopardised because of the fact that I used a govt. benefit. Please advise me what to do.
Thanks
I do not think that receiving Medicaid would affect your asylum case, unless there is some type of fraud. But it is not something I know for sure. If you have a lawyer, you might ask the lawyer to research the subject, but I have never had an asylum officer ask one of my clients about receiving public benefits. Take care, Jason
Thanks a lot for all the help
Hey Jason,
How likely is it for asylum status to be revoked if the condition in country is changing( appears to be changing in eyes of the united states gov)
Would USCIS need prove of perscution for these asylees when they apply for LPR ? What is the burden of proof for these asylees and the likely hood of getting rejected?
The Ethiopian goverment is releasing political prisoners in hopes of calming the country . My friend told me they rejecting asylum claims because of these gestures. I am scared my sisters asylum could be revoked before she gets her LPR , Its only few months since the country elapsed from turmoil.
The Ethiopian government has only been improving for a short while. Country conditions are still pretty bad. I highly doubt the US government will revoke asylum based on this brief period of change. That said, she should probably apply for LPR status as soon as she can (one year after asylum was granted). Once she is an LPR, she does not have to worry about this. Take care, Jason
Hi Jason
I’m a Bosnian citizen and my husband is Sri Lankan.In Bosnia hi is not welcome because of skin color.They thinking that hi is gipsy.In Sri Lanka we have problem with his family and Relation because hi married me.Thay have arranged marriage with girl.Hi didn’t asept so now her family is dangerous for us.
Can we apply for asylum?
Regards
It may be a case – But you have to seek asylum from your own country. So he would have to seek asylum from Sri Lanka, if he has a fear of return there. And if you want to do your own case, you would need to seek asylum from Bosnia. If you or he has a fear of return, you may qualify for asylum. The case is a bit unusual, and so you might be better off consulting with a lawyer for assistance. Take care, Jason
hi jason hows it going? Heres my situation i was referred to the Omaha immigration court because i missed the 1 year deadline. On September 2017 i ended up representing myself in court due to financial constraints and lost my case. I filed an appeal with the bia and about 2 weeks ago i received my brief schedule that was due on june 4 2018 they only gave me 2 weeks time to prepare my brief so i asked for an extension and was granted for an extra 21 days new date june 25 2018. Today i received an express mail with an enclosed paid next day envelope from the bia pro bono appeals project from silver springs md offering me pro bono assistance in preparing my brief. Are you familiar with this group because i never initiated any correspondence with them in the past..thanks in advance and god bless
If it is from CLINIC, I am familiar – there is a project at the BIA where attorneys (including me) review unrepresented cases. If the attorney thinks the case would benefit from having a lawyer, they try to find a lawyer to help. If that is what happened in your case, I think you should accept. Having an attorney can increase the chances of a successful outcome. You can always call them to ask – the coordinator for the pro bono project is Bradley, so maybe he is the one you would talk to. Good luck, Jason
Hello Jason and everybody,
Do you have any clue about pending asylum interview in
New York asylum office I am waiting since 2015 October.
Please.
Vishal.
As far as I know, they are following LIFO, so I would not expect an interview any time soon. You could request to expedite the case. I wrote about that on March 30, 2017. Take care, Jason
Hello dear Jason and thanks for your helpful advice
My case is in Los Angeles office from 2015,do you know what’s going on there?or any body know about Los Angeles office schedule?!
Thank you so much
Hi, I am waiting from November 2015 too. I don’t have any idea what’s going on in the Los Angeles office. I am very confused & cannot concentrate on anything in my life right now. It’s really unfair. If anyone has any information about Los Angeles 2015 interview, we really appreciate it if you share your information with us. Thank you.
Hi thanks for sharing your information,hope we get a good news soon
As far as I know, they are following LIFO, so I would not expect an interview any time soon. You could request to expedite the case. I wrote about that on March 30, 2017. Take care, Jason
I have submitted my asylum case back to June 2015, LA office …. nothing yet, they have +36,000 applicant still waiting the interview…. they dont wanna hire more officers, in each state there is a USCIS office, if they change their policy and each USCIS office conduct an interviews this will fix the problem for all the applicant within a year or so… they dont wanna do that…. their idea is they want to punish you because you take this decision … in the main time you need to survive so keep working as a robot and pay taxes … first world country lol
36 000?! Is this number from an official source? In any case, this is disheartening. I’m thinking of all those people separated from families at home, unable to focus on their daily lives because of uncertainty, or those whose witnesses abroad die or become otherwise unavailable. It sounds like trying to expedite might be their only option, but not everyone can have their case expedited. My apologies, Jason, for using this space as an outlet for my weekly rant.
I am ranting every day, though not necessarily here (as I type too slowly). There are way more than 36,000 people waiting in the affirmative asylum backlog. I forget the exact numbers for the US, but in 2015 it was over 130,000, and it is much greater today (sorry, I am blanking in the numbers). Take care, Jason
While it’s unfortunate for anyone to be stuck in the backlog, I disagree on the point that USCIS punish asylum seekers by not clearing the backlog purposely.
First, the decision to hire more asylum officers is not entirely up to the office director. Like any government agencies, asylum office each is allocated a limited budget. You are simply not AUTHORIZED to hire any more personal unless the headquarter determines there is a need and allocate fundings to do so.
Secondly, AOs need special training. Unlike other addicting officers, asylum cases might have complex legal considerations, special techniques for getting testimonies and handling sensitive situations and interviews.
It is simply not feasible to transfer cases to each USCIS office because asylum cases need specialized officers. Again there is simply not enough budget allocated for that many such officers.
Thirdly, while there is ways to make the system more effective, under the current backlog is most contributed to the flood of credibility interviews and flood of asylum applicants. With limited budget I don’t see any feasible ways to reduce the backlog other than deploying LIFO trying to reduce # of new applicants.
They actually have hired more officers, but it is never enough. I do think they are trying their best, but they are in a difficult spot – trying to administer the asylum law in a very hostile environment. Take care, Jason
Hello Everyone just to let you know about our case we got approval letter yesterday, the case was granted asylum on May 10, 2018.
I only received the letter yesterday dated 05/30.
Timeline:
02/28/2018 Case submitted
03/19/2018 Biometrics done
04/10/2018 Interview done
05/10/2018 Asylum Granted
05/30/2018 Received the letter of approval and I-94.
I wanna thank you, Jason, for all the good and valuable information. your blog was very helpful for reading and following with other asylum seekers.
the online status had been changed since last week to Fees waived. I guess it’s a matter of time to get the EAD cards.
Thanks again
Congratulations! Mind sharing which office? Also are you from middle east?
@Rob Our case was at Chicago Office, we’re from a middle eastern country.
Hi! Is it the local office or namely in Chicago?
It’s the main office in Chicago.
Thank you for sharing this, and Congratulations on the case! Take care, Jason
Please, tell what was your impression about interview? Did you expect approval after interview?
@jason Thanks a lot.
@John Actually the interview was pretty smooth and the officer was nice. I was very worried before the interview but I know I’m gonna be granted asylum the second I stepped out of the room, my only concern was the waiting time especially, I know a lot of people waiting for a decision from Chicago office.
Hi Jason,
I want to continue my studies in the U.S. Before interview can I apply for LL.M. master’s program in the U.S.? I need different kind of visa to enroll master’s program. I didn’t find any information. Thanks Mounir,
If you applied for asylum and have an EAD, you should be able to attend most schools. There is no specific rule about this, and so you would need to contact the specific school and ask them. Take care, Jason
Hi,
I was wondering if it’s possible to apply for travel documents or whatever the form is to visit a third country while you’re waiting for your interview. I’ve read that you can apply to travel for weddings but I’m not sure if that is true and whether or not that would affect my case later on. I have my country’s passport as my case is not based on fear of the government.
Thanks,
I wrote about this issue on September 11, 2017 – maybe that post would help. Take care, Jason
Hello Jason. I applied asylum on September, 2015. At that time my attorney submit i589. After one year i changed my attorney. My new attorney applied for expedite my case. The director asylum office confirmed after three weeks that my case is shortlisted. Now my attorney make declaration and she found out that lot of mistakes in my i589 form and she decided to filled new form and submit at the time of interview. My question is, is it possible to submit new form before interview. I need you guidance Thanx.
You can submit a new form and/or additional evidence before the interview. Whether that is a good idea, depends on the specifics of the case and the number of errors on the first I-589. Also, you may need to explain how these errors occurred, as the officer may want to know what happened to cause the mistakes. Take care, Jason
Thanx Jason. Actually all errors are about my asylum claim means my first attorney Only write” explain in affidavit”. My basic informations are not changed and still same. Now new attorney explain relevant information in all columns and she also email asylum office today that if office allowed she can submit form before interview or at the time of interview. Once again I appreciate your efforts for asylum seekers.
Any one knows about the Chicago office cases that interviewd in 2013 and they are still waiting for their decisions!!!
I have my cousin and many many friends have same problem…
Is that normal!!! almost 5 years and no decision from teh AO.
It is very long. You can email them to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. You might also try the USCIS Ombudsman – a link is at right. If none of that works, maybe talk to a lawyer about a mandamus lawsuit. Take care, Jason
I have no idea why the Chicago Office gives such a hard time to people! They do not issue any decision at all I feel. Been waiting for a decision since 14 months.
Ray, is your cousin or your other friends from Muslim countries? How long it took them to get the interview after filing their application? Would appreciate if you could share.
Yes, all from Iraq , and most of them are christians and have cases with Attorney Robert Deqlaeta
I have no idea why the Chicago Office gives such a hard time to people! They do not issue any decision at all I feel. Been waiting for a decision since 14 months.
Ray, is your cousin or your other friends from Muslim countries? How long it took them to get the interview after filing their application? Would appreciate if you could share.
Not necessarily. I am from a Muslim majority country, and the Chicago asylum office gave me my decision in 15 days. I am completely convinced it depends on the person and not the office.
I think it depends on the person too, but I do think people (especially men) from majority-Muslim countries tend to wait longer than others. Take care, Jason
When was that? It’s possible that was the case long ago, now it seems Chicago office takes forever to issue decisions.
most of cases were inetrveiwed in end of 2013
Hey Ray, I looked up the name of your friends’ lawyer and this article came out. This answers why the asylum claim of these people is possibly pending since 2013. My assumption is the office may think people filed for asylum under this lawyer with fraud, so they are imposing a much stricter check on them.
http://www.chicagotribune.com/news/local/breaking/ct-immigration-lawyer-sentenced-met-20170322-story.html
Dear jason and everyone!Has any one experiencing text messge regarding EAD.I have alregot got my EAD 2017/2/29.But today 06/04/18 i got text messge “your case src…..is now updated.Wondering is it error in system or what!been almost year and over i got my ead
A lot of people are reporting this. I think it is nothing to worry about. Take care, Jason
Every time I switch off my phone and turn it back on, I get a text message from USCIS telling me my case is pending. And I have no cases with USCIS uny more anymore.
Just commenting to say that the picture is amazing, Halloween inspiration??
Will Ferrell…
Hi Jason,
I was wondering how long the process of renewing a RTD might take? Technically, you can submit a renewal application form 120 days before expiration date. Since you have to send the original RTD back along with the form, does it mean you will wait around 120 days to have a new RTD?
Regards,
Hi! I just got my second RTD. Yes, you have to send your old one if it is still valid. The renewal takes about 3.5 months if you apply in Nebraska office. I wonder why they wouldn’t change this ridiculous 1 year travel documents. I just doesn’t make sense. Even 2 year ones (one you can get with GC) are too short but with this RTD you technically have 6 months to travel since most countries need travel documents valid for 6 months after entering the country.
I would guess 3 or 4 months, but the wait times these days are not really predictable. I wish they would make the RTD valid for 2 years; it is such a pain. Take care, Jason
Hi Jason
I think you missed my earlier comment. I was asking about the motion to advance in IC and how to know if it is approved or denied by the IJ ?
Thanks
Hi Jason
I have an asylum pending in IC. The Individual hearing is very far off and I have not seen my family overseas for years. I applied for a motion to advance and it has been 2 months with no decision yet. Do they let me know of their decision ? How can I know if it has been adjudicated or not ? My lawyer hasn’t recieved anything from them yet. How could I inquire ?
Thanks
Hisham.
Your lawyer (or you) can call the court and ask the judge’s clerk about the motion – You can find their contact info if you follow the link at right called Immigration Court. It may take several months for the judge to respond, as the judge’s clerk may be waiting to see whether a time slot opens up for you. Take care, Jason
Hi Jason,
Thanks a lot for writing back. So if I call the immigration court, would they agree to transfer me to the clerk’s office so that I can speak with him/her regarding the motion ? and would this move be detrimental in any way because I am calling the court/clerk directly ?
Thanks,
Hisham
You can try that, but if you have a lawyer, it is better for the lawyer to make the call. As long as you are respectful, there is no real downside to asking about the status of the motion. Take care, Jason
Thanks Jason for the reply.
Hisham.
Hello ! I have a question
Case was approved, sent approval notice by mail and new card being produced ,are two different message , but same meaning is that right? about EAD case on uscis.gov online .Please explain for me .
What should I do after I receive approval notice? do I have to apply EAD or SSC .?
I am not quite sure I understand the question, but if the asylum case is approved, you will receive an EAD automatically. Once you have the EAD, you can apply for an SS card. Take care, Jason
Thank you very much ! someone told me , right now EAD card and SSN come together , don’t need to apply for SSN . is this right?
If USCIS approves your application, you will receive two documents – your Employment Authorization Document (EAD), also known as the “USCIS I-766 card” or “work permit”, and in another envelope your SSN card. … You should receive your SSN card no later than 7 business days after you receive your EAD from USCIS… I just saw it on google
As of now you will not be able to receive SSN card unless you explicitly authorize USCIS to share your info w/ SSA on I-765.
As asylee EAD are automatically generated by asylum office, under current system you might not get SSN card and you need to go to local SSA office.
That is correct if you complete the new I-765 form and ask for the SSN. Take care, Jason
Thank you very much!
Hi Jason Sir,
I received my asylum approval few months ago for self and immediate family members who are with me in USA.
Now I would like, my father to apply for visitors visa to meet us.
What is your suggestion, Shall I wait till we received GC or there won’t be any problem as per our current status.
Thanks and regards,
He can apply. I think the fact that your family got asylum may make it more difficult for him to get a visa, but hopefully, he can still get one. He will need to demonstrate that he will leave the US after his visit ends. Whether you have asylum status or a GC, I do not think that will make a difference to his visa application, so I see not reason to wait for your GC before he applies. Take care, Jason
Thanks so much Sir.
Hi Jason,
My I-730 is moving to the USA embassy. My question is
What is the odd that my family will be rejected?
I am afraid of the current administration as
I am from one of travel ban countries.
Hi Mo
Can you please share you timeline? When did you apply and what is the asylum office? Is it Nebraska? I am waiting for my I 730 for approval and didn’t hear from them yet.
Thanks
They should not be rejected based on the travel ban – I wrote about this on October 5, 2017 (check the last paragraph). However, the embassy can make things difficult and cause delays. We are seeing people still coming to the US based on I-730s, so hopefully, the case will move smoothly. Good luck, Jason
Hi Jason I applied i730 for my husband befor one year and till now didn’t receive anything only receipt no before 3month I contacted obdesman office and also didn’t receive anything
What can I do ?
Hi Salma,
I am very sorry to hear that. But just want you to know that its not only you who is waiting for I 730 approval. I am also waiting for mine now one year. Can you please share which office did you apply? Mine is at Nebraska.
Thanks.
Hi Sara
I applied with Nebraska
and till now waiting
Sometimes, I-730 forms can take a while, but a year is pretty long. You should call USCIS – the phone number is at http://www.uscis.gov or make an Info Pass appointment (a link is at right). If they can’t help and the Ombudsman did not help, maybe you want to talk to a lawyer about a mandamus lawsuit or some other action. Good luck, Jason
Hi Jason
I want to ask you about my husband case the usics canceled visa for him is that effect and I call usics 2 time and they answered me they need more review?
Is that normal
Salma
It happens, but without more info about the type of visa, and about what happened, I really cannot tell you much. You may want to talk to a lawyer to go over the specifics of the case. Take care, Jason
Hi Jason,
I applied for F1 visa but it was denied because my husband asylum case on pending at that time. But now he got it and he applied I 730 for me. Will that be any effect for approval of my I 730 application?
Thanks.
The F-1 was denied because it would violate your F visa to come to the US and join your husband’s asylum case. The I-730 is for an asylee to bring his family member, so you should be able to come here based on the I-730. Take care, Jason
Hi guys,
Has anyone ever received a similar email from USCIS without actually applying for EAD?
I received this today and have no idea why I did. My EAD is still valid.I called them to report it, and they said that I will hear back from them in 30 days.
Thanks in advance.
** DO NOT RESPOND TO THIS E-MAIL ***
There has been a recent processing action taken on your case.
Receipt Number: SRC**********
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Your Case Status: Card/ Document Production
On May 26, 2017, the Post Office delivered your new card for Receipt Number SRC********, to the address that you gave us. The tracking number assigned is UNAVAILABLE. You can use your tracking number at http://www.USPS.com in the Quick Tools Tracking section. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
This step applies to applications that result in an applicant receiving a card (such as a “green card”) or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application. If you do not receive your document, please contact our
Hi, I got exactly the same email from USCIS yesterday. This morning I opened my email, I was kinda surprised, didnt’ know what was that about. It was more than a year ago for me…when they issued my EAD, but the email was newly received.
This message is for the EAD that you had received in May 2017. If you check you current EAD the issue date should be May 2017. Within the last few days system has been sending this message to many people.
I received the same e-mail; receipt number and dates exactly match my application corresponding to my current EAD, I had received my EAD a year ago.
As per my understanding the message which had to he sent a year ago is just being pushed out now, this could have been due to some technical constraints. I do not see anything in this message presenting complications with our current EADs.
This message is for the EAD that you had received in May 2017. If you check your current EAD the issue date should be May 2017. Within the last few days system has been sending this message to many people.
I received the same e-mail; receipt number and dates exactly match my application corresponding to my current EAD, I had received my EAD a year ago.
As per my understanding the message which had to be sent a year ago is just being pushed out now, this could have been due to some technical constraints. I do not see anything in this message presenting complications with our current EADs.
Sorry, sometimes when a comment has links, the blog blocks it. Anyway, I guess that issue is now resolved…
Hey Tina,
I haven’t been on here in a minute so I just saw your comment.
I received a text and an email about a mysterious EAD update and ignored both.
You’ve got your asylum and now you’ve left us. #Sad (though if it was me, and I finished my case, I would run like hell from all of this nonsense). I hope you are well, Jason
Haha All well, thank you! I just had a crazy week but I’m back now 😊
Been trying to
Hi guys,
Has anyone ever received a similar email from USCIS without actually applying for EAD?
I received this today and have no idea why I did. My EAD is still valid.I called them to report it, and they said that I will hear back from them in 30 days.
Thanks in advance.
** DO NOT RESPOND TO THIS E-MAIL ***
There has been a recent processing action taken on your case.
Receipt Number: SRC**********
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Your Case Status: Card/ Document Production
On May 26, 2017, the Post Office delivered your new card for Receipt Number SRC********, to the address that you gave us. The tracking number assigned is UNAVAILABLE. You can use your tracking number at http://www.USPS.com in the Quick Tools Tracking section. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
Hi guys,
Has anyone ever received a similar email from USCIS without actually applying for EAD?
I received this today and have no idea why I did. My EAD is still valid.I called them to report it, and they said that I will hear back from them in 30 days.
Thanks in advance.
** DO NOT RESPOND TO THIS E-MAIL ***
There has been a recent processing action taken on your case.
Receipt Number: SRC**********
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Your Case Status: Card/ Document Production
On May 26, 2017, the Post Office delivered your new card for Receipt Number SRC********, to the address that you gave us. The tracking number assigned is UNAVAILABLE. You can use your tracking number at http://www.USPS.com in the Quick Tools Tracking section. If you move, go to http://www.uscis.g
Hi Jason and everyone,
Has any one ever received an EAD application update from USCIS without actually applying for one?
I got a mail from USCIS today that my new EAD had been delivered. I did not get any card in my mail box, and did not apply for one.
I called them to report, they took my information and promised to revert in 30 days.
Any thoughts?
Thanks guys.
I have applied for my EAD in march and still nothing. I think they are very slow on this.
I did not apply for ead. Did you read my post before responding?
Hey Tina I had the same update . I received my EAD since September 2017 but uscis sent me an email two days ago saying that my card was delivered on September 10 2017 which was correct but I don’t why it’s now they’re updating. Maybe a technical issue
Hi guys,
Has anyone ever received a similar email from USCIS without actually applying for EAD?
I received this today and have no idea why I did. My EAD is still valid.I called them to report it, and they said that I will hear back from them in 30 days.
Thanks in advance.
** DO NOT RESPOND TO THIS E-MAIL ***
There has been a recent processing action taken on your case.
Receipt Number: SRC**********
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Your Case Status: Card/ Document Production
On May 26, 2017, the Post Office delivered your new card for Receipt Number SRC********, to the address that you gave us. The tracking number assigned is UNAVAILABLE. You can use your tracking number at http://www.USPS.com in the Quick Tools Tracking section. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
And so on
Hi guys,
Has anyone ever received a similar email from USCIS without actually applying for EAD?
I received this today and have no idea why I did. My EAD is still valid.I called them to report it, and they said that I will hear back from them in 30 days.
Thanks in advance.
** DO NOT RESPOND TO THIS E-MAIL ***
There has been a recent processing action taken on your case.
Receipt Number: SRC**********
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Your Case Status: Card/ Document Production
On May 26, 2017, the Post Office delivered your new card for Receipt Number SRC********, to the address that you gave us. The tracking number assigned is UNAVAILABLE. You can use your tracking number at http://www.USPS.com in the Quick Tools Tracking section. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
This step applies to applications that result in an applicant receiving a card (such as a “green card”) or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application. If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
Log-in to your myUSCIS account to view your case history and understand what you can expect to happen next on your case.
Current processing times can be found on the USCIS website at under Check Processi
Does the asylum officer respond to the expedite request? how long it takes?
Hi Jason,
Does asylum office respond to the expedite request? How long it takes to get a response?
They usually respond, but not always. It may take a few months for them to respond. If you do not hear from them after a month or so, you can contact them and ask about the expedite request. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks guys, and apologize for the number of times the post appeared. I kept posting and it was not showing up.I am so embarrased.😡
It’s the blog – it sometimes block posts that seem suspicious. I guess you are suspicious…
Extremely suspicious😀😀
I got this mail from USCIS today.
My EAD is still valid and I do not know where this is coming from.
I called to report it, they took my informatiom, and said I will hear back from them in 30 days.
Has anyone had a similar experience?
** DO NOT RESPOND TO THIS E-MAIL ***
There has been a recent processing action taken on your case.
Receipt Number: **************
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Your Case Status: Card/ Document Production
On May 26, 2017, the Post Office delivered your new card for Receipt Number SRC****** to the address that you gave us. The tracking number assigned is UNAVAILABLE. You can use your tracking number at http://www.USPS.com in the Quick Tools Tracking section. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
This step applies to applications that result in an applicant receiving a card (such as a “green card”) or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application. If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
Log-in to your myUSCIS account to view your case history and understand what you can expect to happen next on your case.
Current processing times can be found on the USCIS website at under Check Processi
I received the email too on Friday, I did not apply for an EAD. I don’t know what that means
It seems that a number of people here are reporting receiving strange messages from USCIS, so maybe it is a system-wide issue. Take care, Jason
Hi, Jason
you are very helping for people like us, do you have any idea about Arlington Assylum office which cases they are doing these days. thanks in advance.
My best guess is that they are doing LIFO, but not all cases are being interviewed, but it is unclear to me. We have had some interviews there recently, but all have been expedite requests. Some recent cases have been interviewed; others have not been interviewed yet. The last 2014 case we had interview in Arlington was in early April (if I remember correctly). Take care, Jason
Hi sir,
i am yourl long time reader.Thanks for your kind guidance to Asylum seekers.
Today my individual Merit Hearing done.it was for 2 Hours. After all immigration judge told that he thinks that i am able to get Asylum.
But he given date for next week.He said that on that day no need for Translator.He will give decision next week on next Hearing.
He inquied about my fingure prints.which last time done in june 2017.and may be back ground check.
My Question is that:
Sir what you think about this? What will happen in next week Hearing?
Regards.
Hi !
Hope everything is going to be in your favor
Can you please share your timeline of hearings, because in two weeks I’m gonna have me MCH.
In with state you are ?!
Really appreciate
Case until not decided.so can not tell any thing here.plz contact on mashalahmedmughal@gmail.com.i will reply your all q and also guide u.regards.
I send an email for you
Hopefully, the judge will grant the asylum case. It would be unusual for a Judge to say he “thinks” you should get asylum and then change his mind later. Good luck, Jason
Thanks.But why he not passed order on Invididual Merit Hearing date? And why gave next date for one week? Even he said that we grant your Asylum application. Will be give written decision on next Hearing? Kindly reply in detail. Regards.
I have no idea, as I was not there. Presumably, he will do what he said he will do, and hopefully, he will grant the case. Take care, Jason
Hope everyone out there is doing well.
Jason, as you might know I was granted asylum on May last year. I am thinking to apply for green card ASAP. Is it necessary to apply for it through my lawyer or I just fill the form and send it by myself?
Thank you
For Asylum based Green Card adjustment of status the materials are not complicated and normally you can fill the form.
However in general the advice is to go through your lawyer esp. you have committed crimes, violated your status, or some other hidden complications that you might not be aware of.
Final note, as of today your asylum status is considered terminated once you are adjudicated to LPR status. Meaning if you committed any deportable crimes or something else you could be deported back to your home country.
Is it going to be a big issue if i mention in my i485 that i worked without otherization before got ead ?
If you are an asylee, you should not be blocked from getting your GC for this reason. In the past, it has been no big deal, but it is possible in this more hostile environment, that they would want a “waiver” from you – meaning another form and another fee. I think it will not happen, as I have not heard about this before, but USCIS could require that. Also, it is important that your I-485 be consistent with your asylum application – so if you listed the work on the I-589 or told the asylum officer, and you do not mention it on the I-485, this could create problems due to inconsistency. Take care, Jason
Not really, even as a green card holder you are still considered an asylee in the backend as your green card would come with the AS6 notation and the asylum office that granted your asylum still has the right to revoke it even as a green card holder. You are not completely off the hook until you become a citizen.
Whether you use a lawyer is up to you. USCIS is being more strict about such applications, so make sure that your I-485 is consistent with your asylum case (including about arrests, memberships in organizations, addresses, jobs, etc.). I wrote something about this on November 13, 2017. Take care, Jason
Hello
I have read your article about expediting case.different reasons of expedition have to be given. Still have some concerns. Can my expedition request be accepted without having any dependant.just for the reason that I want to go to college and pay in state tuition fees. University I contacted they all told me without having asylee status I have to pay as a international and pratically I can’t afford it .its too expensive
Hi,
It may work for you, but did not for me as I requested expedition for education reasons couple of times in the Chicago office. As another option, if you really wanna go to school, you can consider moving to states that offer in-state tuition for asylum pending like Minnesota or North Dakota, for example.
Jason may have a better response.
I agree – though I would contact the specific school before moving to make sure they are offering in-state tuition, as there is no real rule about that, and different schools do different things. Take care, Jason
You can give that as a reason, or any other reason you want, and it could potentially work. In general, if you have a stronger reason to expedite, it is more likely that your case will be expedited, but there is a lot of luck involved too, so if you ask, it might happen, even if the reason is not so strong. Take care, Jason
Thanks for the monthly encouragement. They gives me hope that to know there are people like me who became successful so I too will be come oneday by God’s help. Since Dec. 2017 my question have not been sent or responded to. Is there a problem? What can I do to ask questions? Or can I sent you an email directly? I apply fir EAD for almost 30days now and no respond? Waiting for interview for over 200days now, what can I do?
It takes about 4 weeks to get the EAD receipt – make sure you mailed it to the correct address. If so, you should get that soon. If not, you can call USCIS to inquire – the phone number is on the website http://www.uscis.gov. As for the case, under the LIFO system, it is unclear when the interview will be. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
My case is pending in NJ I am waiting for interview from April 2016. May I can go to asylum office by my self to inquire about my case what you suggest .
Thanks again for your .best guide
I think that is a waste of time – 2016 cases are not being interviewed now under the LIFO system (I wrote sabot that on February 28, 2018). You can try to expedite your case – maybe that would work. I wrote about expediting on March 30, 2017. Take care, Jason
Hello Jason. I follow your articles on the website. And it is so helpful and makes me optimistic in my asylum journey. As a blind person and asylum seeker, there are many things that tests my mind and patience. So I really want to admire your efforts. You are not only a strong attorney but also fully trained therapist of humanity.
Thank you. Good luck with your case, Jason
Dear Jason,
You are my hero!! thank you for your thoughtful messages. I have been following your blog for the last three years, I never miss a single article.
One reason I live a normal life is, the encouraging and informative messages I get every single time I read your article.
“encourage clients to live their lives as normally as possible: Get a job, go to school, get married, have children. To the extent possible, it is better to build a life, instead of allowing the uncertainty of an asylum case to rule your day-to-day existence”.
This advice has helped me a lot to hope for a positive outcome and live a normal life despite my current situation.
Thank you!
Thank you – I wish you good luck with your case, Jason
Thank you, sir, as asylum seekers our life seems never-ending torture. You, sir, are doing gods work words can express my gratitude I truly believe the founding fathers from Abe Lincoln to MLK would have been proud standing for the weak “Give me your tired, your poor, your huddled masses yearning to breathe free.” God bless you!!!
Appreciated – Thank you. If you want to learn more about the woman who wrote those words, I did a posting about her on November 28, 2011. Take care, Jason
Jason you give us a daily hope. We need a club or association that care about asylum seekers. It helps you when you meet people they have your problems and also they did not see their family’s like you.
I did a posting on September 22, 2016 with links to many non-profits all across the US. If you contact a local non-profit, they may be able to help you find a support group for asylum seekers. Such groups do exist, and they can be very helpful. Take care, Jason
You deserve it. Keep doing your job well. Words can not express my feeling and you are my hero forever.
Thank you again.
Hi Jason
i see you are working on both your cases and your Photoshop skills 😀 nice edit fixing your head on the cheerleader 😀
and thanks for the article
I’m sure I have no idea what you mean. But thank you, Jason
Hi Jason,
My recommended approval was given October 2017, I am getting impatient as it seems my life is on hold, My lawyer wrote a letter to the asylum office in April and the reply was we should desist from inquiring about the final approval until after 45 days , do you have an idea of what i should do?
There is little you can do. For now, maybe make another inquiry after 45 days. At some point, you might consider a mandamus lawsuit, but that can be risky, and so I would just wait a bit longer and see if they can issue the final decision. Good luck, Jason