If you’re reading this blog, and presumably you are, you probably already know about the “Asylum Clock.” The basic story is this: When a person files for asylum (with the Asylum Office or the Immigration Court), the Clock starts to count time. Once the Clock reaches 180 days, the asylum applicant is eligible for an employment authorization document (“EAD”). The Clock “stops” if the asylum applicant causes a delay in her case. The problem is that the rules governing the Asylum Clock are vague, and ever changing. Today, I want to discuss a new change with the Clock, debunk a rumor that has been floating around, and briefly discuss the new EAD application form.
First, a few words about the Asylum Clock. The Clock originally went into effect in 1996. Before then, if a person filed for asylum, she could also apply for an EAD. The powers-that-be (i.e. Congress) felt that this system encouraged frivolous asylum applications–people knew that they could file for asylum, get a work permit, and remain in the U.S. for years while their cases were adjudicated, and so they had an incentive to file for asylum even if they had meritless cases.
To combat this problem (if indeed, it was a problem), Congress created a 180-day waiting period before asylum seekers would become eligible for the EAD (under the regulations, you can file for the EAD after 150 days, but you are not actually eligible to receive the EAD until 180 days have elapsed). The “Asylum Clock” counts this time. In order to avoid the problem of asylum seekers deliberately delaying their cases to obtain an EAD and draw out the process, the law states that any delay by the applicant causes the Clock to stop. It sounds simple, but in practice, it’s often been a mess.
EOIR–the Executive Office for Immigration Review–has a handy memo that lists the reasons why the Clock might stop in Immigration Court or at the Asylum Office. According to the memo, the Clock will stop in Immigration Court if (1) the applicant asks for the case to be continued so he or she can get an attorney; (2) the applicant, or his or her attorney, asks for additional time to prepare the case; or (3) the applicant, or his or her attorney, declines an expedited asylum hearing date. At the Asylum Office, the Clock stops if (1) the applicant requests to transfer a case to a new asylum office or interview location, including when the transfer is based on a new address; (2) the applicant requests to reschedule an interview for a later date; (3) the applicant fails to appear at an interview or fingerprint appointment; (4) the applicant fails to provide a competent interpreter at an interview; (5) the applicant is requested to provide additional evidence after an interview (though I have never seen this used as a basis to stop the Clock); or (6) the applicant fails to appear to receive and acknowledge an asylum decision in person (if required). Other–unspecified–delays can also cause the Clock to stop in the Asylum Office or in Court.
Also, the Clock sometimes stops for random and unpredictable reasons: In court, different Immigration Judges interpret the rules differently and inconsistently, and so in some cases, one IJ would stop the Clock (or refuse to start it) in a situation where another IJ would do the opposite. Also, the Clock sometimes stops due to administrative error. Correcting these problems or re-starting the Clock is a real hassle, and some people who are eligible for EADs do not receive them.
Over the last few years, we have seen some improvements in the operation of the Asylum Clock, and it has become less common for the Clock to stop. One particular improvement at the Asylum Office was that moving the case to a new jurisdiction would not cause the Clock to stop–that way, if a person moved within 180 days of filing for asylum, she could still receive her EAD. But that policy has now been reversed, at least according to the notes I received from a recent meeting at the Arlington Asylum Office–
Please note that for the purpose of the 180-day Asylum employment authorization document (EAD) clock, a request to transfer a case to a new asylum office or interview location (including when the transfer is based on a new address) is considered a delay requested or caused by the applicant. This transfer will cause the EAD clock to stop. The 180-day Asylum EAD clock is resumed once the new asylum office transfers in the applicant’s case.
Given the new last-in, first-out policy, perhaps the change makes sense from the Asylum Office’s point of view, but asylum seekers will now need to be more cautious about moving. The bottom line is this: If you move and your case is transferred to a different Asylum Office, the Clock will stop. For how long it will stop is unclear. But since the Clock is notorious for stopping easily and only re-starting with difficultly, it seems important for affirmative asylum seekers to avoid moving after they file for asylum.
Once you reach 180 days on the Clock, moving has no effect, but to be extra-safe, I am now advising my clients not to move until they actually receive the EAD card. Of course, if you move, and your case remains at the same Asylum Office, there should be no effect. You can check whether moving will cause your case to be transferred to a new office by visiting the Asylum Office Locator and entering your old and new zip codes.
Another development to discuss is the recent Attorney General memo that rescinds a number of prior memos. There have been rumors that the purpose of this memo is to prevent asylum seekers from obtaining an EAD while their cases are pending. The memo itself does not end EADs for asylum seekers, but whether this memo is a precursor to such a move, I do not know. The government seems to have the authority to end EADs for asylum seekers (the statute says, “An applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Attorney General”). But given that the new EAD application form allows for work permits for people with pending asylum cases, it seems unlikely that the government will end EADs for such people, at least in the near term.
Finally, there is a new EAD application, form I-765. I will write more on this another time, but one major change is that asylum applicants must indicate whether they have been arrested for a crime. Many asylum seekers have been arrested for political reasons, as opposed to crimes, so what should they do? The I-765 instructions state that the applicant must list all arrests and convictions, which seems broader than the question actually listed on the form itself (which refers only to arrests for crimes). At this stage, I think it is safer to be over-inclusive. For our clients, if they have been arrested for any reason, even for a political reason, we will reveal that on the form and provide information about it. If there are no records of the arrest, which there often are not, we will include an affidavit from the client about what happened. Whether this will satisfy USCIS, I do not know. But until we learn more, this is the approach we will take.
So I suppose the good news is that asylum seekers are still eligible to obtain work authorization. They do need to be careful about moving before they receive the EAD card, though. When we know more about the new EAD form, or if there are changes to the process, I will try to post an update here.
Hi Jason can I still submit the old form cause that’s what my lawyer prepared for me and told me it was still acceptable till September
It is valid until sometime in September, so if you submit it now, you should be fine. Take care, Jason
But if I am submitting the old one do I need to bring evidence of asylum case biometrics receipt or anything
Whenever you submit an asylum-based EAD application, you need to submit evidence of the pending asylum case, such as the receipt and biometrics notice. Take care, Jason
Hi Jason,
Can you please examine this case if it is strong enough to receive asylum in the United States? I am a student on an F1 visa who came to the United States as a paraplegic. I use a manual wheelchair for mobility. As you know, due to the ADA, the United States is very accessible for wheelchair users. However, this is not in case in most developing countries, one of which I am from. Now, due to inaccessibility, many wheelchair users are severely discriminated against in my countries. For example, colleges, public buildings, and all other places are not accessible. This makes it almost impossible for wheelchair users to attend school or get a job. In addition, discrimination is highly pervasive. In my case, I was denied acceptance by a college solely because of my disability (I have email proof of this). The college made me understand that they could not accept any disabled student because they do not have accessibility. Is this sort of discrimination not a sort of persecution?
Discrimination is so pervasive that I consider it a form of persecution. When you are not allowed to go to school, and cannot get a job due to your disability, you will become poor and hungry, and may end up with depression causing you to take your own life or go to the street to beg. As a result, it is common practice to find disabled people all over the streets begging for alms. Now, the government made a law banning street begging, thus making life more difficult to live in for the disabled. However, because it is the norm to find the disabled begging for alms, the wheelchair is often associated with alms begging, such that even if you are not begging for alms, so far you sit in a wheelchair and you are on the streets, people will offer you unsolicited alms. On one occasion, my dad and me were on the street when a lady offered to give me alms. I turned it down, but she insisted. My dad encouraged me to accept it to not make her feel bad, but I vehemently turned it down. The conversation went on, but in a short while, the police came, and dramatically, my dad and I were accused of begging for alms, which meant breaking the law. The three of us (my dad, the woman, and me) were detained for a couple hours, but I was allowed to go after proving that I turned the alms down. My dad and the woman were punished.
If I return to my country, I will keep experiencing situations of unsolicited alms due to my wheelchair, and may keep suffering for it. In addition, due to the discrimination I will experience from not being able to get a job, I will live in hunger and will have to break the law myself by begging for alms. This will bring me a lot of punishments. As a result, now that I am in the US and in status on an F1, I am willing to apply for asylum because I fear returning to my country. However, I do not know if these claims can be considered strong enough for me to be granted asylum, and I am afraid of the possible future implications if I get denied.
Please, can you let me know what you think?
I think this would be an interesting asylum case. By “interesting,” I mean somewhat novel. This is good for the lawyer (we love to do unique cases), but not so great for you (you just want to be granted asylum). I do think you have an argument for asylum, but I think you would need a lawyer. I wrote about finding a free lawyer on September 22, 2016, and listed some NGOs, but you might look into finding an NGO that specializes in disability rights. If you are on valid student status, you should have some time to find the right lawyer. Now is not a great time to try to present a new type of claim for asylum, but it’s still possible and you have good reasons to not return. That said, given that your case does not easily fit into the asylum scheme, you might look for easier alternatives before you try asylum (F1 to OPT to H1b to green card is a common path). But if there are no good alternatives, I would encourage you to talk to a lawyer about this, as I do think there is the possibility of receiving asylum here. Take care, Jason
Thank you very much for your response. I have a little more comments to add:
When you talk about trying other alternatives before I try asylum; I have only two weeks before I spend one year in the United States. If I wait to graduate college and try the OPT/H1B route, I will have spent several years in the United States, and I am required for file for asylum within one year of getting to the United States. Will filing after more than one year not jeopardize my future?
Second, for someone with a very high physical disability like mine, is there really any easier alternative to getting a green card? Looking at the marriage route, for example, first, how many people are willing to marry someone who uses a wheelchair? Second, if I am lucky to find someone, there is usually the medical examination part of applying for a green card, and at this point, my disability may stand in the way, because there United States would not want to give someone with a physical disability like mine a green card due to the fear that I may become a public charge or depend too much on public resources. I heard that in Canada, with my disability, I cannot even be eligible to apply for a green card. I have heard of permanent residents being put up for deportation after they become disabled, and there are fears that this will soon become the case in the US, too. See: https://www.disabilityscoop.com/2018/04/30/trump-bar-immigrants-disabilities/25032/
So, do you think I will ever stand a chance to have a green card considering my use of a wheelchair?
Finally, it seems the one-year deadline will surely elapse because it will take a while for me to ever get close to finding a pro bono lawyer, is it a good idea for me to still pursue the asylum case after the one-year deadline? I know that you are not a pro bono lawyer, but is there any way you can be of help in my case?
Thanks.
If you remain in-status, you can probably meet an exception to the one year rule, but you must maintain lawful status – I wrote about that on January 18, 2018. I have never heard of a person being denied a GC due to a disability, and of all the nasty things the government is doing, I do not expect them to try that (though I guess one should never underestimate this Administration’s capacity for cruelty). I really think that if you qualify for a GC (based on job, marriage, etc), that the disability will not be an issue. If you cannot meet an exception to the one year rule, it is very important that you file within one year. Even a very strong case will be denied if the person files too late. As for me, I do not have the capacity to take individual cases pro bono, but people who make an effort to find such a lawyer – especially people who speak English and have an interesting case – are often successful, but it does take some effort. Take care, Jason
Hello Jason,
My fiance filled a case SEP 2017, he got his EAD on June. I am on my F1 visa. My question is that should he add me to his case now? or just be on my F1 visa and the OPT till his interview. Is it ok to wait for him to get the decision and the file a petition for Alien fiance? and last question, we are not officially married (on paper), is it necessary to be added to his a case as a wife?
Thanks
To be added to his case, you would need to be legally married. If get married before he receives asylum, you can benefit from that and also get asylum (even if you are not added to his case as a dependent, he can file for you if he wins – but you have to be legally married before his case is granted). If you get married after the case is granted, you cannot benefit from his asylum, and you would have to wait for him to get a GC and then file for you. This process would probably take at least 3 years, and probably longer. Take care, Jason
Thanks Jason for your informative answer. Could you please tell me in my case (having F1 visa and going to get OPT/H1-B) which option is better if we legally get married right now?
1) get married and added to his case now
2) wait for him to be granted (hopefully) and then be added
What are the difference in these two situations?
A person cannot be added to an asylum case once the case is granted. If you want to benefit from the asylum case, you have to be legally married before the case is granted. If not, you have to wait for the person to get a green card and then he can file for you (assuming you are legally married). That process will probably take 3 or more years. Take care, Jason
I have renewal for my EAD coming soon. Is there any change/delay in renewal process of EADs?
Thanks.
The usually delays, but there is a new form, as discussed above. If you were ever arrested in any country, you are supposed to reveal that on the form, and this may be a problem for some people who were arrested for political reasons – at least they will need to explain the arrest, which could delay processing of the application. Take care, Jason
Hi Jason.
After receiving EAD’s receipt letter, I have checked online status several times in USCIS webpage. Since 4 days ago online status in the section of the *LAST UPDATED* the date has been changed many times. What does this mean? while I did not receive any letter except the receipt one. I heard from a friend of mine who was applied EAD recently that got a denial letter after a couple of time updated of the case. Is there something new going to happen for EAD applicants?
There is a new EAD form, which is more annoying than the old form (I wrote a bit about it above). Other than that, I have not seen anything new with the EAD. I would not pay a lot of attention to the online “updates,” as they often seem to have no relation to the processing of the case. If you have the receipt, you should get the EAD. We are seeing them take anywhere from 1 to 4 months. Take care, Jason
Hello Jason,
I had a quick question regarding the time period it takes to approve the EAD once filed for asylum.(after 150 days on the clock) Is it still the usual 30-day waiting period or is it delayed as well? Someone I know has applied for a green card through marriage and it has been 178 days since their application but no EAD yet. Everyone seems to be saying that EAD’s are delayed everywhere. I wanted to know if you had any knowledge if the Asylum seeker’s EADs are delayed as well.
Thanks.
Wait times are very unpredictable. Some people seem to get the EAD in a month, while others wait 3 or 4 months. There is no “normal” wait times, at least as far as I can tell. Take care, Jason
Hello Jason,
Thank you very much for great service!
I had my interview back in June and am still waiting for a decision. I recently moved to another state and changed my address. Will that affect the “clock”? And also, I filed for OPT so as to maintain my lawful student status. Will that affect my asylum case? or will the asylum case affect my OPT application?
Thank you!
If you moved and the move causes you to switch asylum offices, it might affect the clock. It probably should not, since you have already been interviewed, but the clock is very unpredictable. As for OPT, it should have no effect on your asylum case. Whether the asylum case will affect your OPT, I am not sure, since there is a new memo about F-1 students that goes into effect in a week or two, and it may effect the OPT. I kind-of doubt there will be an effect on the OPT, but we will need to see how the memo is implemented. Take care, Jason
Thanks for the info!
Anyway, I recently got a mail from USCIS acknowledging the change of address–which was very wired because I have not heard of them mailing out such notice.
Sometimes, they do send notices – we saw a few in the last couple months, I think. It would be nice if they just had a policy that they followed, so that there was some predictability, but they do a lot of random things, for some reason. Take care, Jason
Hi Jason, I recently found your blog and it’s been incredibly helpful. I recently came back from the asylum office for my decision and it was wasn’t approved neither denied under their own words but I’m guessing it’s a nice way to say the latter. I have a trip scheduled from Florida to Seattle in a few days, am I able(is it safe) to board a plane while I wait for my MCH and during removal proceedings?
Sorry to hear that. “Referral” is a polite way to say that the case is denied and sent to an Immigration Judge. You should be able to travel domestically with no problems. Bring copies of your asylum receipts, the referral notice, and any court documents to show your status if you need it. Also, if you have an EAD, passport, and driver’s license, bring those too. Take care, Jason
Hi Jason,
So, if you were detained but not formally arrested and no charges were brought against you back in your home country for political reasons are you required to mention that as well for renewing ur EAD? If so, will your sworn statement be enough?
Thanks.
I would probably state that on the I-765. The sworn statement may be enough, but we do not know, as the government has not provided any guidance about this. I am afraid it will be used to arbitrarily deny I-765 applications, but we shall see. Take care, Jason
Hello Mr. Jason,
Thank you for such an awesome blog.
I had applied for asylum in Arlington office on 13th March 2018, still waiting for an interview, I read your post about the delay I think I fell in the backlog, what is your opinion about the expedition, I have my evidences, so what is the expedition process in Arlington office, should I do by mail, email or visiting and is any forms needed.
Thank you in advance
There is a form that they have at the office. Maybe if you email them, they can send you the form or maybe you can just make the request by email. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). I wrote about expediting on March 30, 2017. Take care, Jason
Hi Jason, thank you for taking time to anawer these questions here.
I have a difficult situation I need help with. I filed my asylum application on September 2017, and I included my wife and two kids in the application as dependents. I received my work permit on March 2018.
On June 23rd, my wife’s father became very sick and she had to leave with kids to the country where we sought asylum from. When she left, she did not get advanced parole or anything. We didn’t know. A week after she arrived to her fathers house, her father passed away.
Now she wants to come back to USA. What can we do? Should she apply for visas? Or is there any way she can come before my inteview?
We were on F1 visa and I stopped going to school too. I badly need your advise.
Thanks again for your time.
If they still have valid visas, they can try to return based on those. They do risk being ordered to leave once they get here (maybe if you were reinstated as an F1 student, that would help). If that happens, they can seek asylum at the airport, but will likely be detained. Maybe only for hours, but maybe for months. Also, my guess is that their asylum case is not very strong, since they returned voluntarily to the country (even though it was for a good reason). If they do not have valid visas, they would need to apply for a visa, but it is unlikely they will be granted given the asylum case. But they can try. Otherwise, you can try to expedite your case – I wrote about that on March 30, 2017. You might want to talk to a lawyer as well; maybe there is a way to apply for Advance Parole for them now, though I am not sure about that. Good luck, Jason
Jason,
I would also suggest that they bring a death certificate if they have one and if they have visas to return to the US. At least they have the evidence in the event that they will have to seek asylum at the airport. I am almost certain that if they claim asylum and separately the AO is going to ask them why they return and how they were able to live there safely during their trip.
Yes – I agree with all of this. Thank you, Jason
Hi Jason!
I filed my asylum case Feb 2016. Like everyone else who filed then really tired of waiting. By the date of filing I’d already been in US for a year 6 months of which were legal. Now as I have some significant professional success in music with awards and performances in US the following question has been raised: Is it possible to file a case for O1 or even green card proving that my success and talent are significant. What would it possibly cause? I know it may be out of your expertise. But from your experience. Did someone file for adjustment of status after they spent some time in US illegally? (except marriage)
Thanks in advance!
Maxim.
The problem is that even if you qualify for the O visa or the EB1 green card, you would most likely need to leave the US to get the new visa or GC. This may or may not be possible, depending on the specifics of your case. You would need to talk to a lawyer to determine whether this will work or not. Also, of course, you can try to expedite the asylum case. I wrote about that on March 30, 2017. Take care, Jason
Normally an EB1 green card you will need some testimony letter from industry experts, serve in expert review panel, and/or evidence that you have successful concert/album release. The burden of proof is pretty high so better talk to a qualified lawyer to fully evaluate your case.
As to your last question, I think the issue is not the time you spent in US illegally. From what you have said you didn’t accumulate any unlawful presence (asylum pending is an authorized stay by the AG). Even if you have as long as it’s less than 180 days you are fine. However, as Jason mentioned, the problem is that you are not in lawful STATUS (asylum pending is NOT a lawful status) so generally you are not eligible for AoS.
HI Jason,
The time frame for the GC ( FORM I-485) based on asylum in Texas service center is a little bit confusing. it’s currently showing 5.5- 24.5 months (huge difference) while in Nebraska service center is showing as of (4.5- 8.5).
that is so unfair for applicant and it’s almost triple the time.
is there a way to transfer the case to the faster center and if not what’s the actual time frame (average for real cases and not what is showing online) for you clients with similar case from the day they finish biometric fingerprint appointment?
my second question,is there an interviews for applicant who applied by themselves ( I mean just the asylee with no family members)
thanks in advance and best regards,
The wait times are not very accurate in my estimation. We have been seeing GC applications take about a year, but it is very unpredictable. Also, I know of no way to control which service center processes the case. Maybe if you moved somewhere else, but cases are shifted around depending on workload, and I think you just need to file and hope for the best. Normally, principal asylees to do have an interview for the GC, and normally dependent asylees do have an interview, but again, this is all sometimes unpredictable. Take care, Jason
My I-485 based on asylum is pending in Nebraska since April 2017,
Nothing makes sense nowadays
We made a query to USCIS regarding to this issue.
The response USCIS give is that, Texas Service Center’s delay is due to some applicants’ security vetting.
If no such vetting is required, the case is processed at the lower range of the timeline. (50% of the case processed within 6 months)
While I cannot tell whether this is the truth or not, better hope you are not from the Banned country list!
Jason,
Some of the people on the blog were asking if the attorney general has the authority to take away employment authorization from asylum applicants/refugees/asylees. Unfortunately, it appears, on the face of it, that the AG has the authority to take away employment authorization from asylum applicants.
According to the INA 208 (d) (2), the applicant is not entitled to employment authorization but such authorization may be provided under regulation by the AG. However, I am not sure if it means that simply submitting an application for asylum doesn’t automatically grant you employment authorization, as the same section further states: “an applicant who is not otherwise eligible for employment authorization shall not be granted such authorization prior to 180 days after the date of filing of the application for asylum.” I don’t know if this section of the act clearly states that the AG can take away employment authorization from applicants with pending applications for asylum. This could simply mean that, according to regulations, you can only be authorized to work after 180 days of your application being submitted.
On the other hand, since the act doesn’t definitively say- at least this is based on my interpretation of this particular section of the act- that the AG can take away authorization from people who would otherwise meet the regulation’s eligibility for employment authorization, the AG could very well interpret this section to mean that he is able to take away employment authorization from people with pending asylum applications/decisions.
For people who are granted asylum (asylees), the AG, according S 208 (C) (1) (B), shall authorize the alien to engage in employment in the United States and also shall provide the alien with appropriate endorsement of that authorization. I interpret this section of the act to mean that the AG cannot arbitrarily end employment authorization for people who are granted asylum. In fact, what the act is saying in plain English is that a person granted asylum should be allowed to legally work in the US. In addition, the INA was passed by congress so in order for there to be changes in asylees’ right to work in the US, congress would have to amend the INA, specifically S 208 of the act.
I think it’s also interesting to note that, according to S 208 (C) (1) (A), the AG shall not return/remove the alien to the alien’s country of nationality or, in the case of a person without a nationality, the alien’s last habitual place of residence. The alien’s asylum status would have to be terminated by USCIS or an IJ before the alien can be removed.
Also, Jason, there is something I would love if you could help me understand. When it comes to revocation/termination of asylum status, it appears that it depends on when you filed: The grounds for termination are different for people who filed on or after April 1, 1997 and those whole filed before April 1, 1997. The regulations governing revocation/termination of asylum status for applications filed on or after April 1, 1997 are found Section 208(c)(2) of the act; for applications filed before April 1, 1997, USCIS must establish one or more of the termination grounds in 8 C.F.R. 208.24 by a preponderance of the evidence.
For applications filed on or after April 1, 1997, one or more of the following conditions must be met:
– there is showing of fraud in the alien’s application
– the alien no longer meets the definition of a refugee due to a fundamental change in circumstances;
– the alien is a persecutor, danger to the security of the U.S., described in terrorist grounds of inadmissibility, or firmly resettled in another country;
– or the alien was convicted of a particularly serious crime or there are serious reasons to believe the alien committed a serious nonpolitical crime outside the U.S.;
– the alien may be removed pursuant to a safe third country agreement;
– the alien voluntarily re-availed him -or herself of the protection of the country of feared persecution by returning to such country with the reasonable possibility of obtaining or having obtained permanent resident status with the same rights and obligations of other permanent residents of the country;
– the alien has acquired a new nationality and enjoys the protection of that country.
The only appreciable difference I notice between the regulations that are in 8 C.F.R. 208.24 and Section 208(c)(2), at least in how they are worded, is that 8 C.F.R. 208.24 clearly states that “the alien no longer has a well-founded fear of persecution due to a change of country conditions in the alien’s country of nationality or last habitual residence” and therefore may be subject to asylum termination. Section 208(c)(2) does mention that the government can attempt to terminate asylum status if the alien no longer meets the definition of a refugee owing to a fundamental change in circumstances. Section 208 (c)(2) does not, however, explicitly say what is “fundamental change in circumstances”. I suppose the act was amended to allow for a broader definition/interpretation of the term “fundamental change in circumstances” to include, for example, scenarios such as an LGBT applicant granted asylum based on that particular PSG who, for whatever reason, later decides to live as a heterosexual. The rest of the regulations outlined in both sections of the act are self-explanatory and basically the same, but when it gets to the “fundamental change in circumstances”, there is where I am a bit confused. Could it mean that a change in country conditions no longer applies to people who filed on or after April 1, 1997? Was the objective of the amendment to broaden the definition of the “change” that’s needed to trigger asylum termination/revocation proceedings?
Based on the language quoted in the above article, I think the AG probably does have the authority to end EADs for asylum applicants. That may be subject to interpretation, and if it happens, a court would have to decide. Given the new I-765 form, it seems that the AG will (hopefully) not try to end EADs for asylum seekers. Also, I agree that asylees are entitled to an EAD under the statute. It seems pretty clear. As for termination, I do not know. Fortunately, this has come up only rarely. We may see more of this going forward, depending on what the Trump Administration does. I don’t know why Congress chose the language it did, and at least to my understanding, the fundamental change in circumstances refers to country conditions, not changes with the applicant (so I do not think they would revoke asylum for an LGBT person who decided to identify as heterosexual, though they might try to revoke for fraud if that is suspected). Take care, Jason
Thanks for your explanation, Jason!
Hey JASON,
When I applied for asylum my J1 status is valid until 2020. However, as I’ll be going to graduate school this fall, my J1 validity period is shorten. Thus, my J1 is valid only until Aug 30, 2018. Should I report this to AO? How does it works if AO already have issued NOID?
Thanks!
You can tell them, but I am not sure you are required to. If you tell them, and if they understand what that means, and if the case is finally denied, and if that happens after your J1 is done (August 30, 2018), then maybe the case will be referred to court instead of a final denial. If you prefer to go to court, maybe tell them about the end of J1 status when you respond to the NOID. Hopefully, the case will be granted, but if not, maybe they will send you to court. Take care, Jason
Thank you for your time! If things went South(hopefully not!), which one is more advantageous? being referred to IJ or reapplying in an asylum office? If I report my J1 status and if denial to be issued after Aug 30, Do they refer me to IJ instead of issuing a final denial or referral to IJ depends on the discretion of asylum office/r?
If you lose and want to continue here on the J visa (and then maybe seek some other relief or apply again for asylum), then it might be better not to tell them. If you prefer to go to court and present your case again, then tell them that you are out of status (though they may not see it that way, and so whether they will refer you to court, I am not sure). I wrote about both scenarios on February 21, 2018 and March 7, 2018. Typically, when a NOID case is finally denied, they do not send you to court, but here, where your status seems to be ending during the NOID response period, maybe they will. Take care, Jason
Hi Jason,
Do you require a birth certificate for citizenship? It’s not listed in the documents but I have read online forums that they may be asked in some cases. I do not have one and asylees do not need to submit one during I-485. The instructions are clear about this. I was never asked during my GC but I’m worried this may come up during citizenship and may cause a delay or denial?
Thanks
We try to submit one when our clients apply for citizenship, but I think it is not required. If you can get one, that may make life easier, but if not, and if they ask, you will need to explain why you do not have one. Take care, Jason
Hi,Jason,
Today I heard a lawyer on youtube telling there is new regulation, if asylum was denied after interview and case referred to the court, judge can issue verdict without asylum seeker and his lawyer present at the court. Basically, judge will inspect documents(sent with application, interview description) and if he decides that asylum should not be granted, asylum seeker will receive deportation notice to his mail. Is that a truth? I searched internet,but could not find anything.
I have never heard of such a thing, and I suspect it is false. Even if they tried to implement such a rule, it would be subject to a court challenge based on the alien’s right to due process of law. Take care, Jason
Hi, Jason and everyone on this blog.
Could you share with us what is general vibe during interviews these days? I keep hearing that interviews are going fast, officers ask questions without interest, and then people wait for outcome for months. Is it a truth? Or it depends of a case, person and etc.
I cannot see I have seen any major change in the way interviews are conducted. As always, it seems to depend on the case and the officer. But maybe they are trying to do certain cases faster, especially cases with a one-year bar issue (where they ask about that issue and nothing else). Take care, Jason
Hi Jason, I applied under lifo sistem, had a quick interview and got alredy decision, they reffered me to immigration court without any clear explonation, and no one can understand why they reffered case, because I have everything what they need and I understand that they dont realy care about us, but the thing is about EAD clock, it’s stopped right on the date when I got my decision, and I never asked for more time. I also asked the officer which gave me decision about ead clock and she said that no any problem and you can apply for ead when you reach 150 days left. My attorney saing that we have to discus that issue on master hearing with judge, but I cant understand why the asylum sistem of US not working at all? What I can do? Can I contact with UN or other organisation? My family is under danger in my home country, they dont care about it and just pushed my case to court where I have to wait years for decision and they also dont care about me, I’m without work permit, without money, also they stopped my clock without cause… If we keep silence, things will get worse.
You can double check that the clock is stopped by calling 800-898-7180, enter your Alien number, and then push 2 – the computer will tell you about the clock. If it is stopped, you can try emailing the asylum office to ask them to restart. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). I doubt that will work, but you cabin try. Also, you can contact the court and ask them to start the clock (there is also a link at right called Immigration Court). Typically, though, you would ask about this at the MCH. But here, where it may have stopped erroneously, it might be worth trying the other steps. Also, you might try expediting the case in court – I wrote about that on April 20, 2017. Take care, Jason
Hi Jason,
The question I have is Who exactly makes the desicion after interview?
Is it the officer who interviewed us or their manager, or do they both do?
I am really, really curious because when I went to interview, before going in I was feeling like almost crying and having panic attacks. But after 15min in, it felt like she does not really care about me or my case, she asked me very little questions. The interview itself lasted only 1:20hours. and most of this time took the translation. According to my interpreter it was the easiest interview she had to attend during her 10+ years of experience.
Interview was on February 6, 2018. When I asked officer, how long it will take for an answer. She said, she has no idea at all, that she will give the case to her manager and after that, she wont know anything about my case.
Sorry for you bad experiance Asylee. Can you share your time line or you are in LIFO system? One more question; why did you needed an interpreter? Is that good idea or you dont understand spoken english? I have difficulty with the accent of some native speakers too!
Thank you and have a nice evening
The officer who interviewed you makes the decision, which must be approved by the supervisor. You might want to contact the asylum office to inquire about the case, since it has been several months. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
I watched a documentary a couple months ago on the US asylum process. The documentary itself was produced years ago, so a lot of things might have changed since then. However, my experience, and the experience of some people I know, eerily mirrors that of the experiences I saw in the documentary. The documentary, I don’t remember the name of the documentary, shows real asylum interviews and people (I suspected that the people in the documentary signed an agreement to have their interviews & outcomes recorded/published). The documentary shows raw emotions (from both the officers and the applicants), the decisions, how the asylum officers make their decisions and how they interpret the laws, the moment the applicants receive their decisions, the disagreements between the asylum officers and their supervisors, etc.
As such, I find it odd that the AO would tell the applicant that he/she doesn’t know who makes the decision. In fact, without me asking, the officer who interviewed me told me that she will have to ask questions- some personal and perhaps uncomfortable- in order for her to make “a fair decision” on my application. Using my experience, and from what I gleaned from the documentary, the decision is usually made by the officer and his/her supervisor. Also, sometimes the officer may come to a decision that the supervisor disagrees with. In a situation like this, the officer may allow the supervisor to make the decision. If they can’t come to an agreement, they may refer the case to court or ask the applicant to come in for a second interview. I suppose every officer is different.
It might be called Well Founded Fear, or something like that. Most officers are good, but some are not, and maybe the officer in question here is not so good, or at least not so good at communicating with the applicant. Take care, Jason
Jason, that’s probably the name.
Hi Jason , won my asylum in Feb 2018 ,travel document issued June 2018 . I & my 2 children want to travel to 3rd country to meet with husband /father, we haven’t seen in 5 years. My questions are:-
1- Is it ok to travel for 1 month?
2- Most countries don’t accept travel document , can I use my passport to apply for visa in 3rd country?
3- should I hire an immigration attorney to wait for me at the airport on the way back in case of any issue with immigration ?
4- what documents should to carry with me while leaving and coming back ?
Most of counties accept travel document.
The best thing you can do is find a country that accept rtd.
If you use your passport that till harm your asylum status if you have problems with your goverment.
Hello sara can u plz share ur tym line nd state thank you
1 – If you all have Refugee Travel Documents and you do not go to the home country, it should be fine to travel. 2 – It is better not to, but if you have no choice, you can use it. But be prepared to explain why you used your passport (you had not choice since the RTD did not work for that country). 3 – I think this is not necessary. If you want to be extra careful, identify an attorney and have a friend meet you at the airport – if there is trouble, the friend can make arrangements with the lawyer. However, I think this is being over-cautious. Many people with RTDs travel and I have not heard about anyone having a problem. 4 The RTD and your passport should be enough. Even if you are not able to visit the third country with the RTD, you should have it (and so should your children) to re-enter the US. Take care, Jason
hello Jason,
I was already interviewed and asked to provide more information which I timely did. I have not heard anything from them since and my 150 days lapses July 30th. Can I apply for an EAD at that point? One more question— is it possible for a church to file under the religious worker category while my application is still pending? Thanks.
If 150 days pass, you can apply for the EAD. A church may be able to petition for you, but if you have no lawful status aside from pending asylum, you probably need to leave the US to get your R visa. This may or may not be possible depending on the case – talk to a lawyer about the specifics to make sure you are eligible. Take care, Jason
Hi Jason,
In addition to that question, I was already interviewed and I tried calling the number to see how many days I have left cos I heard if you’ve been interviewed and asked to provide more information then your clock stops ticking. Is there a way I could know the number of days apart from that automated call?
I do not know another way. Maybe if you asked the asylum office, they could tell you, but I do not know about that. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason it’s almost 13 mount that I’m waiting for decision it’s possible that I apply for advanced parole because my wife is vary sick, is advanced parole safe for me to return USA also I heared about humanitarian parole can I apply for her ?
You should tell the asylum office about the issue and ask them to please issue the decision. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). You can apply for AP – I wrote about that on September 11, 2017. I have not heard of anyone with AP having trouble returning to the US. Humanitarian parole is for people who tried to get here, but were denied, and need to enter for a humanitarian reason. My impression is that it is not very common. I would talk to a lawyer for help if you want to try that. Take care, Jason
Thanks for your reply Jason , can you send me your office addres When you have time that I come ?
You can email me at jdzubow@dzubowlaw.com to set an appointment. Take care, Jason
Hi Jason, thank you for this wonderful blog which provide us with useful information. have you ever seen an asylum applicant with student status who used EAD base on pending asylum lost his /her status after the asylum claim was denied? Thanks.
I have not seen that before, but there is a new rule going into affect next month that may cause students who seek asylum to lose status. It is not clear to me from the rule whether this will actually happen, and so we will have to see how USCIS implements the change. Take care, Jason
That would be unfortunate and scary for so many asylum seekers… Does this have to do with the May 10 Policy Memorandum “Accrual of Unlawful Presence and F, J, and M Nonimmigrants”, or is there another rule?
I think that is the one. Take care, Jason
Hi Jason, if that happen, they will send student who application was denied to court like other asylum applicants without status?? Thanks
Maybe. We have a client with a J visa who filed for asylum, but they called him in and then issued documents to send him to court despite the fact that he had a pending asylum case. This may be related to the J visa, but maybe they will also start doing this to other students. Of course, it is a huge waste of resources, but that is how they are operating these days. Take care, Jason
Hi Jason,
I couldn’t find the old editiion 07/17/2017 EAD form. Do I have to use the new edition 05/31/2018 ? Where can I download the old edition EAD form and its instructions ?
Also, if I had to use the new one, should I tick NO for the question about crimes and convictions if it were a minor traffic violation ? This is very confusing ..
Thanks
H.
Minor traffic issues do not count as crimes or arrests – you can check the form I-765 instructions, which specifically talk about this issue. Take care, Jason
Hi Jason,
Thanks for your comment. So minor traffic issues are ticked ” NO “. I am assuming they should neither be mentioned in the ” additional information ‘ area in the form. Am I correct ?
Thank you.
H.
I cannot give such advice when I do not know what the exact issue is in your case, but if you read the I-765 instructions, it discusses this issue and basically says that traffic tickets are not crimes. Check the instructions to see how it applies to your case, and if you are not sure, err on the side of caution by mentioning the ticket, or talk to a lawyer about the specifics of the situation. Take care, Jason
Hey Jason, I’m waiting for my decision since 10 months from Newark office and my second EAD will end on January 2019, what’s the best time to apply for the new one ?
You can apply up to 180 days before the old card expires. You might contact the asylum office to see whether there is news about your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). You might also want to wait a couple months to see whether there is a decision, rather than spend money to renew the EAD, but that is up to you. Take care, Jason
Hi Jason,
I appreciate your knowledgable information for asylum seekers, i recieved asylum interview letter on January, 2011 from New Jersy asylum office , attorney re-scheduled my interview due to my injury the EAD clock automaticaly stop and again got re-scheduled interview letter after one month in February, 2018. I am from Pakistan My interview went well my attorney said to me after interview you have good chances of approval. Asylum officer called me after two weeks don’t come for decision it will 4 more weeks we will mail your decision. It has been almost 5 months still waiting for decision, no idea yet how long it take for decision to mail.
My question is that EAD clock is still stoped when we cancelled the interview? And can I apply again after 150 days when decision is pending after interview date?
Sorry Jason it mistake on post my interview was re-scheduled on February 2018 not 2011
I am on a pending Asylum, I have moves & changes my address, I didn’t move out of state i just moved apartments, it’s more then 2 months & I haven’t gotten a recipient of of the change of address yet. With everything going on, I am to scared of going in to the asylum office. I also have a question, I have a passport from my home country, and I have my working authorisation card, is it okay if I travel within the USA via Air with this, or will it be a problem I want to fly from FL to Chicago.
They do not send a receipt for a change of address form, but if you did it online, you should receive confirmation, which you should keep. I have not heard of anyone (except criminals and people with deport orders) having trouble with domestic air travel, so that should be fine as long as you are not wanted for a criminal or immigration violation. Take care, Jason
The clock should only have stopped between when you postponed the interview and when you appeared for the interview. The clock does not always re-start, but it should. So probably by now, you should be eligible for the EAD, even accounting for the period when the clock was stopped (assuming it only stopped for one month). Take care, Jason
Hi Jason,
Your insights are invaluable. Thank you so much!
I applied a week ago in Atlanta, and I am planning to move to Philly. If I move to Philly, will my case be treated as FILO? or will go at the end of the backlog?
Thank you!
It will be under LIFO, though I do not know whether you will get an interview or not. Also, moving to a new office may cause the Asylum Clock to stop. Take care, Jason
Thank you Jason, Just a quick follow up!
what do you mean by “though I do not know whether you will get an interview or not.”
Thank you!
Sorry, I meant I do not know whether you will get an interview quickly based on LIFO. If the case transfers, it might not get interviewed and then you will be in the backlog. If that happens, you might still get an interview soon (if they have the capacity to interview backlogged cases) or you might wait for many months. Take care, Jason
Hi, Jason. Hope all is well.
When I see you reply saying everything is slowing down. I just feel doomed. And it seems it keeps slowing. In your opinion, if a person is eligible for EB2 categories of immigration, would s/he be better off switching from asylum to EB2 immigration ? I am from one of the two countries that have relatively long wait time for EB2. In the old days, asylum is always faster, but now it seems the wait will soon catch up with EB2, and with all the risk and uncertainty, should I give up the asylum case ? Here is the latest visa bulletin:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-august-2018.html
I do want to stress tho I am not going in for asylum just because I think it is faster. I want to settle here because I fear persecution from my home country, through whichever route.
Your input will be much appreciated 🙂
Good day
I first want to point out that asylum does offer one critical benefit/protection VS other means of immigration petition: you cannot be deported to your home country without first terminating your asylum status even if you committed otherwise deportable crime. (but this benefits is gone once you applied for your green card from an asylum grant)
For most people who truly fear persecution, this is an important difference.
I assume you came from China as for India asylum is definitely much faster. haha
Piece of advice is that, DO NOT PRACTICE FALUNGONG only to apply for asylum; nor shall you join CDP or any other similar organization just for sake of asylum.
I truly truly advise any Chinese applicant, especially they have other means such as employment or family based, do not do these things because you running very high risk of being found not eligible, even be charged with fraud which might harm any chance of you getting a green card.
Also, if you go asylum route, you might not be able to travel back to China even when your parents are terminally ill or any other things happened in your family. No joking. This is serious deal. Thinking yourself not able to going back maybe for the rest of your life. This has nothing to do with the US but the Chinese government won’t give you visa or renew your passport unless you signed declaration that you applied asylum only to obtain legal status and Chinese government didn’t persecute you.
After helping hundreds of Chinese asylum seekers, my feeling is that if you truly fear persecution, your choice is clear. It’s life and death situation, no joke, apply for asylum.
Otherwise, generally I would advise you to apply Employment Based. (I think EB3 would be faster, currently there are about 16000 pending EB2s and about 4000 pending EB3s, the date will be back Oct 2018 when new visa numbers are available… EB2 is only faster than EB3 for now due to the huge number of downgrades).
Thanks so much for your informed input.
I do want to follow-up tho ? Why do you say there is a high risk that Chinese applicants will be found ineligible ?
Also I didn’t do any of the things you mentioned. But hearing you say this, I am worried that asylum officers/Immigration Judges will have this predisposition that a Chinese case is most likely fabricated thus make my case harder than it should actually be.
Yes you are right… while asylum officers / IJs are required to evaluated cases on a case to case basis, they see hundreds if not thousands of very similar claims from China. As such does indeed make Chinese cases very difficult even when the congress passed laws protecting certain Chinese applicants (coercive family planning policies). Sometimes it’s just luck, the same officer might grant one case but deny another very similar case.
That being said, there is nothing you can do about this.
Find a lawyer, know what you said on the written application and get more evidence.
Unfortunately, many real cases have more loop holes than some of the fabricated ones. That’s why you need a good lawyer (generally not recommending going to Chinese lawyers) and practice your interview.
Also many applicants failed the interview because of the interpreter. If you can speak English that’s a plus.
Based on my experience only <10% Chinese cases approved in NY office (many are filling-deadline referrals), ~15% Newark (estimate only). Court approvals rates depends on the judge, while 3rd circuit is more conservative. Of course it's also depends on your specific case.
Best of luck with the case.
Hearing you say this, I think I may need to have some other plans being Chinese unfortunately. It’s not feasible for me to go back to my home country. If I am eventually denied asylum in the U.S. Will I be eligible to claim asylum in other English-speaking developed countries ? (I know Canada will no longer be an option…)
I do not do a very large number of Chinese cases, but this is not my impression. As far as I remember, all our Chinese cases have been granted, including Falun Gong cases. Take care, Jason
Thanks Jason for sharing that info.
I observe information from all sides. anecdotes or statistics from USCIS, as well as from attorneys and lawyers. It has been really helpful as I know asylum has a really high legal standard (sadly…).
I can say from what I know that The FaLunGong cases indeed are mostly fraudulent or fabricated……
What’s your personal opinion about people/opportunists who abuse the asylum system ?
My impression of applicants who abuse the system is that many of them received bad guidance from lawyers or notarios who misled them and stole their money. Obviously, some applicants are lying and they know it, but others are taken advantage of and – in some cases – they could win asylum if they just told the truth. As for the lawyers and notarios who peddle fraudulent cases, I think they should go to jail. Take care, Jason
To Jason’s point, maybe I’m dealing more with new immigrants from the NY area… many of them are misled by their lawyers and who don’t have much resources nor can they speak English. As such they are often abused by lawyers and thus reduced their (and many others’) chances of approval. There are multiple instances the FBI arrested lawyers and all their clients cases are in limbo or even initiated hearings for some green card holders.
However, many of them win their cases in court.
As to the options, is Employment Based an option for you? Or you can apply for Express Entry to Canada (however once your application is approved, you will not be eligible for Asylum in the US). You might need to fight multiple years for the case so you can plan ahead. Hopefully the case is approved at the interview.
If there is a waiting period for EB2, you need to maintain lawful status the whole time, or you need to leave the US in order to get your GC. That said, assuming you are eligible to get the GC based on EB2, you can do either case or do both. It often makes sense to have two options rather than one. I will also say that just because things have been slowing down, we are still seeing cases granted, and so I do not think you should lose hope. Take care, Jason
Thanks Jason. I will definitely do both.
A lot of people like me are suffering in my home country due to their LGBT status. The situation is not good at all, but the non-LGBT citizens and the government always paint a too rosy picture to show off to the outside world, claiming we are equally and fairly treated and we are respected, and silence those with disagreement. I wish I could be successful in my asylum application and offer hope to some other people in my home country.
Hi Jason,
I had also asked you previously about the EB2 a following up with this new comment . You mentioned that one should be in status the whole time in order to get the I-485 based on an approved I -140. There is one attorney who told me that the judge has jurisdiction over I-485 since it is in court and that he does have the power to adjust. Although it is very unlikely probably, like you mentioned, but this being said, does it still mean there might be chance that a judge will do that ? or is it 0% chance based on your expertise ?
Can you also direct me as to from where I can download the old EAD form that has not expired yet ? I couldn’t find it on the USCIS website.
Thanks,
H.
There are exceptions to the rule, as I mentioned, but they are pretty rare, so I think your lawyer may be mistaken. I recommend you have another lawyer look at your case for a second opinion. Unless you meet an exception, the judge does not have the power to grant a GC. As for the old EAD form, I do not know how to find it online. Take care, Jason
Hello Jason, please what’s the link to apply for EAD, please also if there is anyone who applied for EAD by theirselves I would appreciate it if you could let me know. Would need someone to assist me to make sure I’m doing the right thing. Please and thanks
You can do that yourself or use a lawyer. The form is I-765, available at http://www.uscis.gov. Take care, Jason
Jason is there any wrong with the USCIS website? The link you gave me for EAD is not working.
It should work, maybe I miss-typed it: http://www.uscis.gov. (my autocorrect sometimes changes uscis to sucks – I am not sure if that has a deeper meaning). Take care, Jason
Hi Jason
I added to my spouse asylum application and she already passed 150 days, Can I apply for EAD immidiatly before doing fingerprint? Taking fingerprint is essensial to issue EAD?
Thanks in advance
Normally, a fingerprint notice is issued about a month after filing. I would contact the local asylum office to ask why that was not issued. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). That said, as long as she has the receipt, and 150 days have passed, she should be able to apply for the EAD. Take care, Jason
Hi.immigration judge granted me Asylum.Now i want to get: 1. i94 status 2. A5 EAD card and 3.un restricted Social Security card. I got appointed from uscis office and will go next week. My Question is that have i to pay for above 3 applyings? In how long time i can receive i94 card, A5 EAD and un restricted Social Security card?
You don’t need to pay (for initial application)
I94 is issued by local office timeline you shall inquiry during your appointment. Once they finish processing they will generate EAD request which took 1-2 weeks to deliver (after local office processed your grant)
SSC took 1-2 weeks as well if you have passport you can do it now bring your court order to local social security administration. They can verify with EOIR phone system and do not need USCIS verification. (SSC + passport is valid for I-9 and do not require re-verification)
You do not have to pay for these. I think you get the I-94 on the same day, which makes you eligible to work immediately. The EAD card itself should arrive pretty quickly – I think people get it in a few weeks or a month. I do not know about the SS card. If you do not get it, you may need to go to the SS office and have them make you a new card indicating unrestricted. Take care, Jason
Thanks for guidance.i have EAD card before and it will expire next year.But i want A5 EAD Card. i have SS card but i want un restricted EAD.one thing more plz. can i take Passport to uscis office?
I am not sure I understand the question, but if you have won asylum, they should send you the new EAD card. If not, contact the local asylum office and ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). I do not know what you mean about the passport, but our clients always bring it to the USCIS when they go. Take care, Jason
In my head, the clock looked like the “5 o’clock somewhere” watch by Kate Spade. Your version makes much more sense.
So I have a question about the memos/ documents in question that Mr. Sessions is trying to change. Do they not refer to asylees rather than asylum applicants? I notice that people who are not “in it” (the media reporting) never make that distinction, and justifiably so. It’s mostly us that hang onto every word because of what is at stake for us.
Either way, I think that asylees are more immune to a change of policy with regards to EADs as we don’t need to present them for employment purposes anyway.
Asylees are entitled to work because the statute says that they are entitled to work. People with asylum pending are entitled to work only because the Attorney General, in his discretion, allows them to get an EAD (per the language cited above). So in your case, I think you are very safe. For the next generation, I am not so sure. Take care, Jason
Got it. Thank you, Jason.
Thanks. can i take my passport to uscis office on appoitment? and also to ssc office?
Hi Jason I have a question, if someone lost it’s Ead card for example first it issued on Jan 2018 to Jan 2020 and now they lost and need to apply again so will it start from the new validity date or be remain the old one.
Thank you…!
It will expire when the old one was supposed to expire.
Source: Been there.
Really – Did you have to pay for the second EAD? Or was it lost due to a USCIS screw up (which, of course, is an incredible rare event). Thank you, Jason PS: Let me know if you need a job
I did and it sucked. I lost it due to my own screw up (funny story: I accidentally threw my wallet in the trash at the mall with my 4-day-old EAD in it because my then baby was driving me crazy. Actually, not so funny.)
And, yes, jobs are always welcome!
I think they will issue a new card valid for two years (you have to pay for the new card, so I hope they give you the full two years). Take care, Jason
I paid for the replacement and, sadly, it still expired when the old card was supposed to.
It would make sense for them to issue a 2-year one especially when the replacement takes months to be issued just like a brand new card would, but no.
Grrr. I did not know that. Of course, the idea that USCIS would do something that doesn’t make sense is normal, but still. Anyway, I guess the best advice is that people should not lose their EAD cards…
Does the replacement card take more than one month to be issued?, usps marked mine as delivered but never delivered it
Hi Jason, I’ve heard the information that in the East Coast asylum offices are more than a million of cases. It might be true?
No – there are 318,000+ cases total for the whole US. If you count court cases also, then it is probably over a million. Take care, Jason
Hi JASON
I have pending asylum application (Withholding of Removal.) since November 2017 I haven’t get my interview my son is very ill in third country ,
My question is :
is there any possibility to travel to See him?
If your case is in court and you leave the US, you cannot return. You can try to ask DHS to agree to allow you to leave, but that is very unusual. If your case is not in court, but with the asylum office, you can travel using Advance Parole. I wrote about that on September 11, 2017. Take care, Jason
Hello Jason, good work.
Seeing all the articles, I couldn’t help retrospecting. Why, particulary recently, the scenario for asylum seeking keeps going downwards ? Will there be any chance we can see it become brighter ? Will the ascendancy of a Democratic President can help make things a little better for us ? The anti-asylum sentiment seems to be running strong in agencies like USCIS, DHS, CBP…
I think they were tackling one “issue” at a time, and now asylum is the topic du jour.
I also firmly believe that we will see better days and soon.
Hang in there.
I think the leadership help sets the tone, and so some people in the bureaucracy are very happy to be tougher on immigrants. Many other people just want to do their job and follow the law. I would imagine that a more immigrant-friendly president (or one who simply practices basic decency) would make things better, but I do expect some of the negative changes to last longer after Mr. Trump departs the scene. Take care, Jason
Hello jason ,
i filed to renew my EAD 2 weeks ago, didnt see that question about the crimes, there is a question in the application but for different category.
I think the EAD from two weeks ago was the old EAD, and the crime question was not for asylum seekers. If that is the case, you are fine. Take care, Jason
HI Jason
Thanks for information you post it’s really helpful appreciate, i have been transferred to IC and have my individual hearing 2021 and want to move to other state. I have submitted my EAD renewal and still awaiting!
Q#1 Do you think if I moved that will move my case to other state immigration court without my request to change the venue?
Q#2 Does my move will hold me to obtain the renewed EAD?
Please advise
Thanks in advance,
1 – In court, the case normally will not move automatically unless you file a motion to change venue. However, depending on the stage of the case (MCH or Individual Hearing) and the judge, the case may be moved once the judge realizes you have moved. 2 – If you have already passed 180 days, the move should have no effect. If not, and if moving causes a delay (and changing to a different court is a delay), it could stop the Asylum Clock and block you from getting an EAD, at least until the clock starts again (which should happen at the next hearing). Take care, Jason
Thanks for your reply, just for clarification! Is the 180 days count includes the renewal of EAD i have submit my i-765 form last month and received my acknowledgment receipt and awaiting my approval on EAD card, is that mean if I moved to another state i will be in risk of stopping my clock to obtain my EAD or I should be fine since it’s already proceeded?
As long as you passed 180 days, you should be fine. But if you move, make sure to file a change of address (form AR-11, available at http://www.uscis.gov) with USCIS for both the asylum case and the pending I-765. Otherwise, you may not get the card. Take care, Jason
Hi Jason, I applied for asylum in 2014 and was denied. I have J status. I want to reapply for asylum. do you think I can sucessfuly refile my application? does your office accept my asylum application?
thank you
You can re-file, though the process is different (you basically have to file at the local office where your first case was denied – you can learn more from the I-589 instructions). We can do such cases – you can contact me at jdzubow@dzubowlaw.com. Take care, Jason
Hello jason
Hope you’re doing well
I had my interview +6 month a go and no decision yet.
I’m about to renew my EAD, should I include the interview notice with the other papers?
There is no reason why not – but just send copies; keep all the originals. Take care, Jason
Hi Jason,
I applied for I -730 on 11/30/2017. I didn’t receive the decision yet. As for the processing time its says 6-8 months and I will complete 08 months next week. My question is do I receive the decision within this period or after completing the 08 months?
Thanks.
Everything is slowing down, so this is not surprising, though obviously it is very frustrating. You can start by calling USCIS and asking about the status of the case (you can find the phone number at http://www.uscis.gov). If that does not work, you can try contacting the USCIS Ombudsman – a link is at right. My guess is that the delay is normal, and they will process the case, but it won’t hurt to give them a call. Take care, Jason
Hello jason, Do you know anyone who has recieved the ead of late. I applied about a month ago. I have gotten the reciept after about a week. it says on uscis website ‘my case was recieved’.How long does it take to get the card. Do you know when exactly i ll get the card in hand. Tnks.
I applied Jan 4th
Got it June 25th
Is it your first ead for pending assylum?, does it take that long, 6 months?
As best as I know, EADs take between 1 and 4 months, depending on where you are and what the basis for the EAD is. Take care, Jason
My case status says ‘my card was delivered to me by the post office’. It also states on usps tracker that the package was delivered. Its been 3 days and i haven’t recieved it yet. Do i have to wait a while to get it?, or what do i do?
It sounds like something is wrong. This seems to happen more often than it should, and I do not know why. Maybe start by contacting the post office and ask about it. If not, try contacting USCIS. The phone number is on their website: http://www.uscis.gov. Good luck, Jason
Hi. I applied i730 applications for my family 10 days ago. I granted asylum by immigration court. My family lives in a muslim country, but not banned. My Questions are: 1. Can i recieve receipt from uscis office/service center? If yes then when? 2. What will be further process?Thanks.
1 – If you filed I-730 forms, you should get the receipt in less than a month. 2 – Once the case is processed by USCIS, it will be sent to the embassy so they can get their visas. The whole process normally takes anywhere from 6 months to over a year. Take care, Jason
Hi Jason,
Thank you for the update as usual. I have question about asylum clock for people in status, and denied their asylum application. When they reapply for asylum after first denial(which is possible for people on other legal status or people in status won’t be sent to IJ), does the asylum clock start from scratch or they consider asylum clock of the first asylum application and also asylum clock of second application which will be summed up to be >=150 days in order to apply for EAD?
Thanks!
If the case is denied and then you file a new case later, I believe that the clock starts again from zero. Take care, Jason
Hi, Jason,
Thank you for this blog and sharing with us all this usefull information.
I have an of topic question. At interview asylum seeker should present original documents ( report from hospital for example) he submitted previously with i-589, right? What if some of these documents were lost at customs in my country while being sent to me and I do not have them anymore. What could I say at the interview, will it effect negatevily my case?
Thank you.
If you have original documents, you should bring them. If not, you should be prepared to explain why not. However, it is pretty rare, at least in my experience, that they need original documents, aside from the passports. I think if you explain why you do not have the documents, there should be no negative effect on the case. Take care, Jason
Dear Jason,
Many thanks for the new post, it was indeed an eye opener.
You touched on crime/arrest, just wondering if a one-off/no arrest, traffic ticket, fall into this category.
When is it okay to follow up on decision deemed to be mailed out, immediately after the inteeview.
Thank you in advance.
The I-765 instructions address the issue of traffic tickets. The short answer is that normal tickets, that do not involve an arrest, do not need to be discussed. If you are not sure, err on the side of including more, rather than including less and potentially getting into trouble. As for following up, I do not think it is appropriate to inquire for at least a month or two. It certainly won’t help you get a faster decision. There is no rule about this, and so you can inquire whenever you want, I just don’t recommend it. Take care, Jason
Hi. I applied for EAD a couple of weeks ago. EAD form that filled out was different than the one you shared the link. The update date of USCIS, EAD page is 16/07/2018. I am still waiting to receive the receipt letter. May this cause a denial for EAD?
thanks
No. If you already filed you are fine.
The old form is valid until Sept. (2 months after publication date)
The old EAD form is valid until about September 17, 2018, and so if you filed recently with the old form, you should be fine. Take care, Jason
Hey Jason,
My 150 days ends July 30, but I as advised not to apply for EAD yet, that I should wait for sometime to get my decision. What do think?
The first EAD is free, so I see no reason not to apply. If you have already been interviewed and you get a decision, you will get an EAD anyway, but some people wait for many months for a decision. Take care, Jason
Hi Jason my 150 days end this month can I send the form on that day or wait for like days
If USCIS receives it too early, they will reject it or deny it, so it is probably safer to wait until the full 150 days gave passed, and then send it. Take care, Jason