Being an immigration attorney at a time when immigrants are under assault means that people often ask me what they can do to help.
Frankly, I am usually at a loss about how to answer this question. There are many ways to help, depending on what you mean by “help” and where your interests and abilities lie. The problem is, there is no magic bullet to solve our current difficulties. But there are things that people can do, both on the individual level and the collective level. I will discuss a few of those ideas here.
Volunteer with a Non-Profit: There are plenty of non-profit organizations that assist refugees, asylum seekers, and immigrants, and they need plenty of help. Such organizations can be found throughout the U.S. (here is a link to a list of organizations in each state), and they provide all sorts of opportunities to volunteer: Teach English or other skills, spend time assisting organizations or individual immigrants, help with job searches, resumes or job counseling. People with specialized skills can provide specialized assistance. For example, those lucky enough to be lawyers (gag!) can take a case pro bono, or—for a less burdensome commitment—attend a group event where you assist with immigration forms. Some asylum seekers need forensic medical exams or psychological reports for their cases, and could use expert assistance. Others need mental health therapy, or assistance navigating the DMV, Social Security Office or school or university bureaucracies. Still others need help with housing or public benefits. Many people who are new to our country are lost, and someone familiar with “the system” can provide invaluable guidance.
Also, many faith-based institutions, such as churches, mosques, and synagogues, have programs to assist non-citizens. My synagogue, for example, has helped refugee families from Syria and Afghanistan to resettle in the Washington, DC area. Synagogue volunteers assist with babysitting and setting up the new apartments. Some religious institutions are involved in the sanctuary movement, offering living space to non-citizens in an effort to shield them from deportation (ICE has thus far declined to enter churches to detain people). Perhaps you could encourage your church or mosque to consider joining this movement.
Get Involved Politically: There are numerous opportunities here too, and not just at the federal level. A lot has been happening at the local and state levels (where it is often easier to have an effect). One group that supports pro-immigrant candidates is Immigrants List. A group that assists with impact litigation and public awareness is the American Immigration Council. Many local non-profits are also involved in advocacy for immigrants. You can find such groups here.
Reaching out to politicians can have an impact as well. During the Obama Administration, opponents of immigration famously mailed hundreds of bricks to Congress. This was a not-so-subtle message to “build a wall.” If the other side can advocate effectively, we can too. Congress needs to know that many Americans support our humanitarian immigration system. Unless we reach out to them, our representatives will only hear half the story. You can contacting your Senators here, and your Representatives here. You can find links to the different state legislatures here. You don’t have to be a U.S. citizen to contact your representative. Anyone can do it.
Contact the Media: There are many misconceptions about asylum seekers and refugees in the news. If you see an article or program that misrepresents such people, you can contact the journalists and let them know (contact info is often available on the journalist’s website). I think it is especially powerful for refugees themselves to engage in such advocacy. It’s very difficult for stereotypes to survive in the face of individual truths, and so when asylum seekers and refugees tell their stories, it can be quite influential. Also, if you ask in advance, journalists will usually agree to keep identity information confidential, so you can talk to them without fear that your personal information will be made public.
Take to the Streets: I’m of two minds about public protests. Sometimes, I think they are useless; other times, I think they are transformative. Of course, there are all sorts of protests from mass rallies to performance-art type events (and there was also our very own Refugee Ball back in January 2017). Such events can be inspiring and energizing for the people involved. They can also help coalesce disparate people into a unified group. Such events also send a message—to politicians and to the American public.
Hire an Immigrant: The government is making it easier to discriminate against non-citizens. And in any case, it’s never been easy to get a job when you’re new to America. So if you have the ability to employ someone, why not consider an immigrant?
What if the intended employee does not have work authorization? Some people–such as people with asylum–are eligible to work even without the employment authorization document (the EAD card). It is obviously not legal to employ someone who is not authorized to work, but for many asylum seekers, who often wait months for their EAD, the only way to survive is to work without permission. Such people are frequently mistreated by employers. Hiring such a person comes with a risk to the employer as well as to the employee, and as a lawyer, I can’t advocate for breaking the law. However, at least in my opinion, employing such people, paying them fairly, and treating them decently is an act of resistance against an immoral system.
Talk to People Who Disagree with You: Advocates for immigrants have failed to convince the American public about the rightness of our cause, or at least we have failed to convince enough of them to win a presidential election. Rather than talking at people who disagree with us (as we often see on social media and left-leaning news outlets), we should be talking with such people. Speaking respectfully with people, listening empathetically and asking questions, and explaining a pro-immigrant view will not win everyone over to our side. But it might win over some. And even if we talk to people who disagree with us, and they are not swayed, a respectful conversation can help open doors later on. Anti-immigrant views seem to thrive in our current divisive environment. Perhaps if we work to tone things down and help move our country towards a more rational debate, it will also help immigrants. This needs to be done in big ways, but it also needs to be done in small ways, one conversation at a time. If you want to educate yourself about immigration issues, a good (pro-immigrant) source is the American Immigration Lawyers Association, which has policy statements on various issues.
So those are some ideas. Like I said, there is no magic solution for our current situation. But by supporting immigrants, in big ways and small, it is possible for each one of us to make a difference.
Good day,
Finally I have received last Friday notice of acknowledgement. But there is only my name, as an applicant, stated there. Will I receive anything similar for my husband and son, who mentioned in my application?
Dependents do not usually receive receipts, but they should receive biometric appointment notices. You should get those in a few weeks. Take care, Jason
For example, I and my husband were denied for issuing plastic driving license, got only temporary, because “If your Identity document has an expiration date of less than 60 days, you may complete your DL requirements (knowledge/vision/driving tests), but you will need to submit another Identity document with an expiration date of 60 days or more before your DL or ID card is mailed to you” (https://www.dmv.ca.gov/portal/dmv/detail/dl/dl_info#ltlp)
So now I will present my Receipt notice from USCIS to them, but what about my husband? What document he shall provide?
I don’t know much about driver’s licenses, but if he has an EAD or a biometrics notice, maybe those documents would be accepted. Take care, Jason
Hi Jason,
I wanted to inquire about the working permit. My husband is still waiting for his interview (it’s been 3 years now) granted he has a work permit. We just got married and I want to apply for a work permit as well, we are planning to put me under (c)(8) his case. (I myself have been out of status for 3 years- my previous working permit been expired for 3 years) my question is.. will they grant me a working permit if I have been arrested (no charges) previously (11 years ago)? Do I have to disclose it?
Thank you!
You first have to get added to his asylum case and then you can apply for the work permit. Contact the asylum office for the procedure. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). As for the arrest, you have to disclose it (this is a new requirement for the form I-765 for c-8 applicants). You should try to get a copy of the disposition (or conclusion) of the criminal case, as you will need that to get the work permit. Take care, Jason
Hello Sir,
I have applied my case in july 2017 in SF, and as per the latest trend that I am expecting an interview by next 2-4 months. Currently my wife is pregnant and as we are alone California and we are planning to Indiana where my family friend lives there ( So that its well take care my wife and child).
My question is:
Moving state will effect my asylum interview result.
Taking Medicade from gov for delivery will effect my case later?
Regards,
Sunny
I do not know the basis for your belief that you will be interviewed in the next several months. Maybe you will be, but I would not count on that. If you move, you have to change your address using form AR-11, available at http://www.uscis.gov. In your case, this will cause your case to be transferred to a different office (Chicago, I believe). This would not necessarily cause a delay, as you should keep your place in the queue, but it could cause some delay while the case is transferred. If you move after the interview, a move should not cause a delay either, but if you are called for a second interview (which happens once in a while), that interview would take place in the new office. Take care, Jason
Hello Jason I recently got a NOID after applying for asylum, I came to the US with a tourist visa (B2), it’s my undestanding that if they give me a final denial I go back to my previous status which is the B2 tourist visa status which allows me to stay until november the 24th 2018 (total 6 months) . The question is: If I decide to properly exit the US before november 24th ( before my 6 months expire) . Am I going to be allowed to enter the US with this B2 visa in the future?
It’s a good question, and there is no certain answer. It’s very possible you will be able to re-enter without a problem, but it is also possible that you will be stopped at the point of entry and told to leave because they will think you plan to violate the B visa by seeking asylum again (at that point, you could claim asylum, but you would likely be detained). In short, you can try to re-enter, but you should be prepared in case they turn you away. Take care, Jason
Hello Jason,
Thank you very much for helping us.
After 2 years of Asylum interview date, I received Referral letter along with NTA which is after 3 months.My lawyer said NTA is just to know each other and usually last about 15 minutes and he said he does not need to be there with me. Based on your experience, is it accurate information ?
My second question is, can I ask IJ to expedite my MCH date on NTA date without any strong reason? Would IJ usually do that .. ?
My third question is just for curiosity: Would I be able to apply Canadian express entry program (if im qualified) while i have Asylum immigration judge pending in USA ? Would “Safe Third Country Agreement” between these countries play a role in this case ?
Thank you very much for your answers in advance! Alex
The first hearing is called a Master Calendar Hearing. Normally, if you plan to use a lawyer, the lawyer should attend that with you. I wrote about this on March 7, 2018. You can ask to expedite, but usually judges will not do that (but if you don’t try, you’ll never know). I wrote about that on April 20, 2017. I do not know about Canada, but you should talk to a lawyer in that country before you try to go there. Take care, Jason
I wanted to share my sister and my 2 cousins experience and also ask a question. They both apply for asylum at the end of December of 2017. They had the fingerprints scanned also at the end of December and they were both interviewed at the beginning of February with a possitive decision approx. 2 weeks after the interview. Their case is similar to mine and I applied 2 weeks ago. Does the fact that I have 3 family members with approved asylum benefits/harms me in any way? (Their office was miami)
Thanks Jason in advance for always being so responsive.
This might be helpful for your case, especially if the problem you face is similar to the problems of your relatives. You should get copies of their asylum approvals to include with your case (along with any other evidence from them that might be relevant to your situation). Take care, Jason
Jason:
What you are doing is priceless, I interviewed almost 6 year ago and still no answer, I’ve visited asylum office, call them, infopass, ombudsman, and nobody is able to give me even a clue of how my case is going, they all say your case is pending…. do you know any other way to fond out about my case?
Thanks.
And have a blessed day!
The last option is a mandamus lawsuit, where you sue the asylum office and ask a judge to order them to do their job. Even if this results in a denial, you could get to court and probably (eventually) get a decision there. Talk to a lawyer about a mandamus. Good luck, Jason
Check out Dara Lind’s very detailed article on Vox: https://www.vox.com/explainers/2018/8/6/17501404/trump-asylum-separate-legal-definition Congress would have to fix this (“do your job”), as with DACA; but Congress should listen to what individual American people really want to do about this personally.
Thank you. It does seem so far that most of Trump’s efforts have not done a lot to reduce the number of people seeking asylum here, but of course, it is very difficult to know. It has certainly made life more difficult for many innocent people. Take care, Jason
HI JASON. I thank you for this opportunity u giving us to be able to clarify our doubts.So first i want to asked that when a Student on F1 status fille for an asylum and its still waiting for the matter to be judge at that moment what is the person status?? its it still going to be F1 or EA.
Secondly it is possible to file an asylum as an F1 and still keep going to school as an F1?.
Also it is possible and advisable for an F1 student who had filled for an aslum at the time he/she was still in F1 status and for some reason didn’t continued with school for 2 semester and wants to readmitted back to sschool. the question now is; its it advisable for the person to readmit back as an F1 student or just as an EA?
There is a new memo that is not yet in effect that may (we are not sure) indicate that people with F-1 who file for asylum will lose their F-1 status if asylum is denied. This is unclear, and I have had many clients on an F-1 visa who filed for asylum and continued in F-1 status. My guess is that if your F-1 status ended because you stopped attending class, it will be difficult to get back into status, especially if you have filed for asylum. You can try – but you have to ask the school about that. Take care, Jason
Hi Jason,
I applied for I 730 on 11/30/2017 and on 27/07/2018 after 08 months my status changed to Request of Evidence mailed. Can you please tell me how long will it take to approve after I send the evidence they asked from me? My application is atthe Nebraska service centre.
Thanks.
I do not know, but it does often happen that you get a decision shortly after you respond to a request for evidence. Make sure to read the letter carefully when you get it and send everything they ask for. Hopefully, you will get a good decision soon. Take care, Jason
Hi, Jason,
I got my first job after EAD, but they don’t offer me insurance. Could you please tell if I can apply to Medicare in NYC and will it impact my pending asylum case in future?
Thank you.
I do not know about your eligibility for Medicare – you would have to ask them. It should not affect your asylum case. I am not sure whether it would affect any other applications in the future, such as a green card application based on something other than asylum (for instance, if you try to get the GC based on a family member filing for you). Take care, Jason
Good morning today my case Chang to name was update what’s mean that i730
Thank you
Hi Sara,
Can you please share your timeline? When did you apply and what’s the service centre?
Thanks
USCIS provides some updates on line that do not seem to have much meaning. It does probably mean that they are working on the case. Otherwise, I do not know what it means. Take care, Jason
Hi Jason,
I filed my asylum in 2014 and had interview in 2017. But, no decision yet. Since my interview, my family has been threatened more. In my claim, I mentioned that they could not report to police these threats that they were told if police is informed, they will be killed. However, now we are thinking if we report the threats to local police to collect a document that police indicates they are unable to provide security to my family since the government of my country is insufficient to fight against the insurgents like Muslim exteremists. Do you think such a document will have a positive or negative impact on my claim considering we avoided to report the police since 5 years ans I have already went through my interview? I want to send this document as additional evidence for my case.
I do not know if it would have an effect, or whether they would consider a new document at this stage. You might get evidence of the threats against your family (such as a letter from your family) and submit it to the asylum office and request an expedited decision. You can email all that to the asylum office. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason, Thank you for your reply.
I already submitted such a letter regarding three threat incidents written by my dad when I filed my application in 2014. Also, I mentioned in my interview that people in similar situations escaped the country including my brother, co-workers, and close friends. Do you think just adding another similar letter after a year from the interview is needed or I should just wait and see what will be the decision on my case?
If the letter is new information, I guess you should probably send it to them, but if it is basically the same info as before, there is probably no reason to give it to them. Take care, Jason
Hello dear Jason. I just read this on USICS website yesterday. Can you explain this ?Updated Guidance on the Implementation of Notice to Appear Policy Memorandum
Versión en español
Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum. Issuance of the operational guidance is pending; therefore the implementation of PM 602-0050.1 is postponed until the operational guidance is issued.thanks in advance
I have no idea what that means, but USCIS is planning to issue more NTAs (meaning, send more denied cases to court). There was a policy memo about that about a month ago. Take care, Jason
Does anyone know something about this immigration judge in New York ? Poczter, Aviva L.
Hi, i have been a follower for this blog since 2015. I really want to express my feelings towards Jason as I find him the most helpful person who I have ever seen. I also wanted to share my experience with Asylum to give you guys some hints on expediting an Asylum Case and some positive hope. First, my asylum office was Newark Asylum office in New Jersey. I applied 2015. I had an medical condition which was a high blood pressure and my spouse who had diabetes. I had my doctor write me a note about my medical condition and how it would affect me if i didn’t get an insurance which requires Asylum granted which was real not a fake note. I took this note as long with my lab reports for both of us and went to asylum office every Friday which is the walk-in day asking to be put in short list and my case being expedited. I went there every Friday with the same papers every time for one and half month. In the last time I went which was in 2017, the lady in the office told me that my appointment will be 2 weeks from now. For the first instance, I was shocked, I didn’t believe it. I had my appointment after 2 weeks, it took about one and half hour. The officer didn’t seem to be happy or sad. I couldn’t read his eyes. I finished the appointment and he said that because your are far from the office as I had to driver +120 miles to go to office, I will mail you the decision. After exactly two weeks, i got the decision which was an approval notice!! Oh Yeah, I got approved. After few days, I got my new EAD valid for 2 years. I checked my asylum case online using receipt and it shows card was mailed to you after it was getting error every time I check. I will be reading comments for the next days if you have any question. Sorry, but i won’t be able to tell specifics about my case and I know that you will respect that. Thank you very much everyone. Trust God and pray and you will get it soon. Few more hints, don’t be too emotional in the interview. For example, you can’t be normal during the whole interview and when the officer ask if you wanna add something you start crying. The officers are pretty good in distinguishing between the real cry and the fake one. So don’t do it because it will have negative impact on the decision. Again, many thanks to Jason and everyone waiting here.
you have to put a donation button on the site
Hi,Asylee
Congratulations for your asylum approval. Could you share with us how the interview went? How long did it take?What were the questions like in general? Did you have lawyer? I hear a lot of people saying that with lawyer applicant has more chances to be approved than without a lawyer. Did you have police/docfor reports from you country.
Thank you.
There is statistical data showing that people with lawyers are more likely to win in court (there is some reason to believe this data is exaggerated, but I do think a lawyer in court helps). There is no data about asylum offices. I do think a lawyer can help (of course, I am a lawyer, so what else would I say?). I wrote about that on July 7, 2016. Take care, Jason
Congratulations! May we know your country of origin where you claimed asylum from?
Thank you for sharing this, and Congratulations on the good news! Take care, Jason
Congrats!!! 🎉
One thing I wanted to comment on… The show or no show of emotion during the interview should have one rule: Don’t do it if it’s not genuine. If you keep it together throughout and happen to lose it while recounting an incident, that should not affect you negatively. Just immerse yourself in your story and describe everything in detail, and be honest.
Good luck to all the Asylumists.
Agreed. I once had a client burst into obviously fake tears/wails after he recounted getting kicked in the groin during a detention. It was pretty embarrassing, and I think it cost him asylum, as the judge was pretty annoyed (he still got CAT, but that is a lot less good). Take care, Jason
Yikes. Yeah, that’s no bueno. Must have been cringe-worthy to witness.
Glad he got CAT at least.
Hello Jason,
Do you have clients with TRIG? I need to understand Asylum Office behavior in such cases. I had 2 interviews with 6 years pending case. According to the type of questions in their second interview, I highly suspect that my case is being reviewed by TRIG law. But I don’t understand why until now they have not said that my case is on hold because of TRIG?
To better rephrase my question, what exactly is their common behavior with TRIG cases? Do they put the case on-hold with an official notice, do they deny after on-hold notice, or they just deny the case from the beginning?. Do you have clients that received “case on hold because of TRIG?”. If yes, after how long they sent the “on hold” notice? Do you have a client with “case denial” because of TRIG? If yes, what was the time frame to send the notice?
Any help in elaborating their behavior in TRIG would be very helpful. I know it is hard to tell; I know it depends on each case. But I am asking for the general rule. If you don’t have clients with TRIG flag, then I appreciate if you can share what do you “think” how is the timeline and process of TRIG?
Many thanks
I think they do not tell you if your case is on a TRIG hold. I have only one case that I believe is on a TRIG hold, but I do not know for sure, as they have told us nothing. I do not know whether there is any time frame, but it may be that they will keep the case on hold indefinitely, or at least until the issue new regulations on TRIG, which have been pending for many years. It may be that the best approach is to make some inquires, and if that does not help, file a mandamus lawsuit. You would have to talk to a lawyer about that option. Good luck, Jason
Can TRIG be a reason for denying a future I-130 application brother/brother petition?
I do not think TRIG would block an I-130 petition (which only confirms that the relationship between the petitioner and the beneficiary is true). However, it might block the person from obtaining the GC based on the approved I-130. Take care, Jason
I don’t understand this exactly. If they “might” reject the GC, it means I will have no benefit of having the approved I-130?! So what is the point of approving I-130 and denying its benefits? What is the gain of having approved I-130 with no benefits?
There is no point in getting an approved I-130 if you cannot ultimately get the GC, but TRIG does not affect the I-130; it only affects the GC (and there are many people who are not eligible for a GC who are eligible for an I-130). The problem is, we do not know for sure whether you will be blocked from a GC for some reason such as TRIG. Maybe you could have a lawyer research the issue and try to determine whether you are eligible for a GC despite the possible TRIG issue. But you are right, if you can’t get the GC, there is no reason to file the I-130. Take care, Jason
Is there a way to mitigate this?
Let us say by the time they approve my I-130, can I administratively closed the asylum case. So I can avoid TRIG impact on getting a GC through approved I-130?
Or, do you have any other suggestion to resolve it?
Sorry for asking too much. But believe me, this is crucial to know. I have to plan for my future. If my whole legal life is going to be destroyed because of silly mistakes in my statement that caused my case to be flagged as TRIG, then it is better to seek another country. I need some information to confirm the need of leaving the US
Withdrawing the asylum will not help, since you already admitted to the facts that (maybe) raised the TRIG issue. You are stuck with those facts in the record. Maybe a lawyer can research the issue and see whether there is a way around it. Take care, Jason
Hi Jason,
So the old edition of EAD form I-765 (2017) is still valid to submit now right ? And is it ok if we send it and it is more than 120 days before the expiry of the current card ?
Thanks
H.
I think the earliest you can send it is 180 days before the old card expires, but double check the instructions for the I-765. You have to check the USCIS website for the form, but I think the old version of the I-765 is accepted for several more weeks. Take care, Jason
Hi Jason,
Is there a way to know the exact time when its okay to submit older version?
Thanks!
The I-765 web page, available at http://www.sucks.gov, tells you which versions of the form are still accepted. Take care, Jason
Hi my name is kitti. i want your opinion on a very important matter. i want to add my husband to my asylum application. my asylum is pending. i applied in September 2015. I have not gotten interview yet and he is here in USA, so i wanted to add him. can you please tell me how i can add him as a dependent on my asylum application. also what implication will it have on my case. thanks. hoping to hear back from you soon. thanks.
You can add him. Once he is added, he can get a work permit on the same schedule as you (so if you have one now, he can apply immediately). Different offices have different policies about adding a dependent, and sometimes it is not so easy due to bureaucracy. Contact your local asylum office and ask them how to add your husband. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hello jason, thanks for all the help so far.
As usps has lost my card, then i need to apply for another one. Can you tell me how to apply for a new one, if i have to pay for it this time. Nd i read somewhere that i can work with the receipt, that i dont have to wait to get the replacement card?, How long before one gets the receipt?
I think you may need to pay for the new EAD, unless it was USCIS’s fault. You have to check the instructions to the I-765, available at http://www.uscis.gov. Take care, Jason
Adding to Jason’s point… does USPS tracking show it’s delivered? If not and you have waited 30 days you can call USCIS customer service normally don’t need to pay. Otherwise you shall also call them but as Jason mentioned you might need to submit a new application.
Yes, uscis marked it as delivered, but i never recieved it. How do i have to wait to apply again. And if i get the receipt confirmation for the replacement, can i start working with that? How long will it take to get the new card and social security?
I would recommend you call USCIS customer service first.
Tell them what happened and what you should do next.
You will not be able to work unless you have the actual EAD. a receipt alone is not ok.
Not sure about timelines but it might be faster than regular applications. Ask customer service.
Unless you have an old card, I think you cannot work using the receipt for the new card. To get an EAD typically takes between 1 and 4 months. Take care, Jason
Did you try contacting the postal office about the lost package? USCIS send EAD cards via priority mail which is insured (I’m looking at the envelope that they sent me my corrected A05 EAD now, and it says “insurance included – domestic only”).
They had better pay up.
Yeah… but unfortunately they normally will not.
Priority mail is insured for only $50 (unless you pay extra which I don’t think USCIS did), and if it says delivered good luck getting the $50.
Good news is USCIS is phasing in restricted delivery which in theory will avoid most of the mis-deliveries as they have to check you ID to make sure you are the one listed on the mail.
For now my limited experience is that USCIS normally only send you another card if the old one is returned by USPS or whoever received your card by accident. Otherwise you might better off filling a new application.
Well that really sucks. Zero accountability.
Thanks for the info.
Hi, Jason,
Could you help me to understand how asylum interview process works? I mean, who decides to grant asylum to applicant – interviewing officer, or superviser, or both. How they take decisions, if superviser for exp. was not in the room, do they videorecord and then make decision, or based on notes interviewing officer writes? How do they check your documents (reports from your home country), because they can not legally expose your information for safety reasons.
I would really appreciate it if you could give us information about that.
Thank you very much.
The interviewing officer makes the decision, which must be approved by the supervisor. I believe the supervisor reviews the written notes of the officer. There is no recording (as far as I know). As for checking records, they do lots of things, but probably the most common are to check previous records for you and your family (for visa applications for example) and maybe contact the fraud unit, which has info about documents from each country. Take care, Jason
Hey Jason my wife and I have been referred to immigration court recently. Now we no longer together. I wanna know if i can divorce her and Mary my girlfriend who is citizen and get green card
I forgot to say that I’m dependent in our case.
If you get divorced and re-married to a U.S. citizen, you may be eligible for the GC – most people are, especially if you entered the US with a visa and do not have criminal issues and have not been deported. But you need to talk to a lawyer to be sure. Also, the process of getting a GC while in court can be tricky, and it would be helpful to have a lawyer. If you are divorced and you are a dependent on the case, you may need to move quickly as well, since you will no longer have a pending asylum case once you are divorced, and you could be deported more quirkily. Or maybe you also want to file your own asylum case, if you are eligible. Take care, Jason
Thank you so much for your good advices. I’m dependent on the case . As you said I’ll move quickly in order to avoid to be deported .
After 2 years and 2 interviews Newark office sent me a referral notice in which it said . You have not established that there is a reasonable possibility you would suffer persecution in the future .
Based on the above reasons your asylum application has been referred ton IJ for adjudication in removal proceedings before us dept of justice . This is not a denial of your asylum application.
I am very confused. Please explain me what’s that means? And what I have to do for next step ?
Very sad
I got the same exact Reply from Newark office and they sent me buffalo Court Nov 2018 . I
I really don’t understand they are sending people to court for no reason. That’s very sad from them
It means the asylum office has denied your asylum request, and you can try again with an Immigration Judge. I wrote about this on March 7, 2018. I am sorry for this news, but it is still very possible to win the case in court – we see that all the time. Good luck, Jason
I got it . Now I heard that there is a long time waiting in the court my case is in New York court. I want to know if they give me 2 or 3 years to see the judge, is there anyway to reduce that waiting time ?
You can try to expedite a court case. I wrote about that on April 20, 2017. Take care, Jason
Sorry to learn about this, i hope things goes well at the court.
Just curious, was the the letter sent to you or you picked it at the office. I undetstand they will usually invite and hand you such letter/ decision.
Sorry to learn about this, i hope things goes well at the court.
Just curious, was the the letter sent to you or you picked it at the office. I undetstand they will usually invite and hand you such letter/ decision.
Dear Jason,
I filed asylum in 2015 after the one year deadline ( had an exceptional reason ). I still didnt have an interview but the employer that i work for wants to sponsor me for employment based visa. Is that possible ? My passport has been expired for the past 2 years and i do not plan on renewing it as the lawyer suggested its too risky. What do you think ? Is there any way i can get the employment based one ? Thanks !
Most likely, you would need to leave the US in order to get the green card, and this may or may not be possible depending on your status. I plan to do a post about this in the next month or so, so check back, but before you start the process, talk to a lawyer to make sure you are eligible to complete the entire process. Take care, Jason
Hi Jason,
My wife has just been granted asylum in another country for which I couldn’t get a visa a few years ago. I’m planning to apply for asylum in the US because of the imminent threat to my life in my home country. Unfortunately, I couldn’t wait for my wife to lodge the spouse visa application in the country of her permanent residence because of threat to my life. Will this scenario impact my application negatively?
Thanks,
Ali
It should only affect you if you are “firmly resettled” in a third country. The definition of “firm resettlement” is not always clear, but in the case you describe, I doubt you would be considered firmly resettled. Nevertheless, this can be tricky and so you might want to talk to a lawyer about the specifics of the situation in order to protect yourself. Take care, Jason
Hi. I grant Asylum from immigration court 50 days ago but still not received i94 by mail. What should i do?
Hi Nazeer, congratulations for your win. A totally unrelated question. Are you from Afghanistan by any chance? Where was your asylum office that referred you to the court?
No. contact me by e mail.i can tell u more details: mashalahmedmughal@gmail.com
You need to make an Info Pass appointment to go get the I-94. Google “Immigration Court Post Order Instructions” and you should find a PDF explaining what you need to do. Take care, Jason
Sad day for me. After 2 interviews and waiting 10 months Newark office send me to a referral notice.
Sir Jason . Is it possible to get marry with a citizen and after cancel my case ? Need your advice
I’m very upset
I am very sorry to hear this. If you marry a US citizen, you may be able to apply for a green card based on the marriage. If you entered the country legally, and have no immigration or criminal violations, you should be eligible, but talk to a lawyer to be sure. If the case is referred to court, the level of proof required for a marriage case is higher, so you might want to ask the lawyer about that too. Good luck, Jason
One more thing. I lost my EAD and I have to renew it on September I just wanna know with my result if I can still apply for a new card?
You should be able to renew normally, as long as you are eligible for an EAD. Take care, Jason
Hello 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 5 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 Jason
Do you accept cases for Buffalo Immigration court also … Ao refered to Buffalo Court in Novemeber 2018 .
It is probably better (and cheaper) to use a local lawyer. You can check this website for lawyers: http://www.aila.org. Take care, Jason
Hi, Jason, I was offered a withholding of removal recently by the judge while the interview was processing. This happened in between the interview. I told the judge that I have not finished telling my story. Then he admitted that and said anyway I’m offering this to you. I’m really disappointed on this judgement. What I was looking for was an asylum and my case was a strong one. Only problem I had was overstaying one year issue and applying for asylum. However, under changed circumstances, I gave valid reasons for why I could not file within one year. But he didn’t go through that as he offered me the withholding in between the process.I was clueless at that time and my lawyer also assumed that I should get what he grants. My two kids are born here and my lawyer saying only a child turns age 21 they can sponsor me. With my country condition I have fear of past persecution and still it is present. Almost I have stuck here for 10 years. Should I go for an appeal or is there any other way to address my grievances to the board of immigration?
It may be difficult to appeal if your lawyer agreed to the WOR (by the way, I wrote about WOR on December 10, 2015). You may need to file a motion to reopen. That should be filed within 90 days of the judge’s order. There are exceptions, but if you can file within 90 days, that is easier. I would talk to a different lawyer about this to evaluate the case and see how to move forward. I should say that sometimes, even a strong case will be denied if the person cannot meet an exception to the one-year bar, and that this bar is a real problem. So maybe the decision really was the best you would get, but that depends on the changed circumstances (or other exception). Also, if your US citizen child turns 21, they may be able to sponsor you. It would require reopening the case, but that may be possible. Talk to a lawyer to evaluate that to be sure. Take care, Jason
Hi Jason!
I need your expertise again.
I had my interview November 2017 in New jersey assulum office, and still haven’t got my decision. However i did not have a permanent address, so i kept everything on my first adress where my cousin live, but he is moving out of there. Now i have to change my adress from New york to Indianapolis. Now my assylum office will be in chicago. My question is: Will that make any delay for my case decision? and my EAD is about to expire, changing my adress now will affect my elegibility to reply for a new EAD? or i might not be able to have another EAD? I’m so confused now, and so tired of waiting for everything. i had to wait Years before having an interview, and now after the interview, i still have to wait.
You can still get an EAD normally. Just use the new address. Also, change your address with the asylum office using form AR-11, available at http://www.uscis.gov. They should make a decision in NJ and send it to you at the new address. Since it has been a while, you might want to email them and inquire about the case. You can also tell them your new address. 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
I have arrived in us with B1/B2 ,visa for one month ,I would like to open refugee claim, can I know the right procedure to follow?
Secondly which immigration state speed up case?
Thirdly, how long should I wait to be called for interview?
And while waiting for the decision I can work?
Thanks
1 – Look at form I-589, available at http://www.uscis.gov. That is the form and you can review the instructions to learn more. 2 – There is no way to know; it is mostly luck. You just file where you live. 3 – If you are lucky, you may have an interview a couple months after you file, but if you are not lucky, you may wait months or years. It is not predictable. 4 – If the case is granted, you can legally work. If you file the case and do not have a decision, you can apply for a work permit after 150 days that the case is pending, using form I-765. Take care, Jason
Hello,
Is there anyone here who has been interviewed on June 2017 or earlier by Chicago AO in a circuit ride location like Minneapolis and already received a decision? Waiting for a decision since 16 months!! Filed my case in 2014! Everyday, I am breaking more. It feels like being under a mental torture. I feel sorry for myself. I wish I would have filed my case in a different country.
We are in the same boat dear. I was interviewed in a circuit ride since January 2017 by the same office but It looks like they do not care about us. I have been waiting for 19 months now. Oh my Gosh, it is depressing… I decided to go there in person and try to see a supervisor maybe I will come out with something good or bad
It is indeed depressing and frustrating. I would appreciate if you would post an update how it goes when you go in person. I have been thinking to do the same since a while.
You might try contacting them to inquire about the case. 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,
I had my Asylum interview in June 2018, and I’m waiting for the decision. I will be eligible to apply for EAD at the end of this month. Once I receive my EAD in hand, can I move to another state, or will I have to stay in the same state where I filed and wait for the decision? If I move to a new state, will my asylum application also move to that state, and will that asylum office issue a decision for me?
SK, congrats on getting interviewed. Hopefully you will get a decision soon!
If you decide to move because you can’t do any better, you must inform USICS of the move by filing form AR-11. (https://www.uscis.gov/addresschange)
Jason had suggested on July 19, 2018 that you should be careful when changing address after you submitted your I-765 application/before receiving the actual EAD. All the answers to your questions are in the link below that was published by Jason:
https://www.asylumist.com/2018/07/19/does-anybody-really-know-what-time-it-is-not-if-youre-using-the-asylum-clock-some-other-ead-updates/
You can move. Make sure to update your address using form AR-11, available at http://www.uscis.gov. Unless they need a second interview, which is uncommon, they should just send you the decision at the new address. Take care, Jason
Hi Jason,
Thanks for your advise always. Please I need your advise. My friend filed an application for asylum (FGM) and filed the following documents:
(a) affidavits sworn to by her sisters-in-law confirming that her daughter is in danger of being circumcised and that they were also victims of female circumcision;
(b) an affidavit sworn to by her husband’s cousin confirming that his child was circumcised by members of the lady’s husband’s family using voodoo;
(c) doctor’s letter from a county hospital here in US confirming that my friend was circumcised;
(d) country reports including US HR Report.
I recently came across an article online which appears to be on all fours with my friend’s case and we wish to file same at USCIS office. Do you think we should do add same? How do we go about it?
Do you think the above documents are sufficient to prove our case?
Your prompt response will be appreciated.
Tytee
It depends on the case, but this sounds like the type of evidence that is needed. If you have additional evidence, such as the article, you can submit it prior to the interview. In some offices, like my local office (Virginia), you have to submit documents one week before the interview. Other offices have different rules, you can contact them to find out. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, remember that you need to show that there is no where in the country where they can live safely, and that the government will not protect them, so if you have human rights reports or other evidence about that, it would help too. Take care, Jason
Hello,
We need your legal advice on our case. We filed our asylum application on April 23rd 2018, had interview on June 4th 2018 at the Miami Asylum office. We are still waiting for the decision. Me and my wife have been maintaining our legal F1 status, and it has been very tough for us. We have to pay a total of $1800 every month to our school in order to maintain our legal F1 status.
Last week, my wife cleared her NCLEX Registered Nurse exam. She is currently doing her Masters in IT which is not related to Nursing at all. Could you please advise us on the following questions:
1) If we receive our Asylum EAD after 180 days, should we lose our F1 status?
2) If my wife loses her F1 status, what will happen to her RN license? Can she work in a hospital using her RN license and EAD card?
3) If my wife loses her F1 status, will any college give her admission for Master’s in nursing program? She will have asylum pending status.
4) If you suggest we should maintain our F1 status, then should my wife transfer to a nursing school for her masters? The fees for MSN in almost double of what she is paying for her Masters in IT.
We want to make sure that we do not make a wrong decision and regret it later on. Thank you for your time.
1 – You can drop your F status if you want, but that is up to you. You can keep the EAD and continue your status (though there is a new memo that calls this into question, it has not gone into effect yet, and I do not think it will cause you to lose your status – we will know more once it goes into effect next month). 2 – I do not know about her license, though I do not see why her F status should have any effect on that. If a person has an EAD, normally, she can work at any job that will hire her. 3 – You have to check with the school. Many schools allow people to enroll if they have an EAD. 4 – It’s up to you. If she maintains her status, it may give you other options (like a work visa or a green card based on a job), but you have to balance that with the cost and the likelihood that you will win the asylum case, which would resolve these issues. Take care, Jason
Jason, this is an excellent piece. It was spot-on. Personally, I volunteer with two organizations and I make donations now and again. Wish I could do more. Thank you, Jason.
It is great to do those things. Everyone who is contributing to this effort is making a difference, whether it is easy to see it or not. Thank you, Jason
Thank you Jamie 🙂 God bless you.
Great post as always!
Gracias. See you soon, Jason
Hello Jason . Thanks for the enormous assistance you are giving to asylum applicants. I have been following your block with latest update, advises and guidance . It has been helpful to me a lot. I filed in 2015 and was interviewed April 25th 2018 . It been 3 months now and when i visit the asylum office i am told “My case is pending final decision” Could you please tell me what is probably pending? what are the chances of me being granted? i will appreciate your response. My office is Arlington asylum office.
Hi, Jason, thank you so much for all wonderful work you are doing to keep us informed and our spirits up.
I have a question, did your office or maybe smn you know receivedapproved asylum after an interview after January 2018? I know people who applied and already had interviews, and their friends, i did not hear any approval news so far. It seems that cases get rejected and send to the court. I just feel that it is so much diffucult now to receive any positive answer.
Thank you for your time.
We have received several approvals since then. At the asylum offices, we have approvals from Pakistan, Russia, Iraq, Iran, and a couple others where I can’t remember the country right now. We also received at least one recommended approval, and we also had two referrals, if I remember correctly. Take care, Jason
Hi, Scott,
Congratulations on having an interview, I wish you best luck and I hope your case will be approved very soon.
Could you tell if you expedited the case? If yes, could you please describe how long it took you to expedite it?
Thank you.
Sometimes, there are delays after the interview. I listed some possible reasons is a post on October 21, 2014. There is not much you can do, other than periodically inquire with them. If the wait goes too long, you can contact the USCIS Ombudsman office (a link is at right) or maybe file a mandamus lawsuit (talk to a lawyer about that), but I would give them at least six more months. Most people get a decision in less than six months, so hopefully, you will get some good news soon. In terms of the case itself, I do not think a delayed decision means anything (good or bad) about the result of the case. Take care, Jason
Jason,
Thank you very much for brainstorming and willing to do whatever possible to help us (asylees and refugee) community. As a pending asylee, my biggest concern is having an answer on my application which already started to be a nightmare more than an opportunity of life. If the immigration office has a problem with my application then they have to deny it as soon as possible. If not, then they should approve. If they are not sure, then they should be given a timeline (with no exception) to deliver an answer. Six pending years has destroyed me enough. I just need an answer. I wish if they make things easier to me and say your application is denied and transfer me to the court. At least I will have one more “hope” to defend my case. But pending is killing the “hope” softly. With no hope, there is no life.
If anybody finds any bit of power to change the law which gives the immigration office the needed legality to keep the application in pending status, then please do your thing. I don’t understand what immigration office or HQ can find after 6 years!! In the academic world, we get PhD’s in much less time. Immigration office should already have a PhD in my file by now. they know every single fact about me. Due time has passed already. I NEED AN ANSWER!! YES/NO DOESN”T MATTER!! PLEASE HELP!!
You might want to talk to a lawyer about filing a mandamus lawsuit. Before you start that process, you can inquire with the Asylum Office. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, you can inquire with the USCIS Ombudsman – a link is also at right. Take care, Jason
Hello Jason,
Thank you very much
I have a lot of complications that is preventing me from filing a mandamus (verified and advised by my lawyer). It will take me a very long post to explain them. However, all other methods (congressman, ombudsman office, inquiring the asylum office) worth nothing with almost zero outcome and unified answer: (your decision is pending, you will receive an answer when it is due). I was, therefore, requesting the help of the law community if they can be useful in enforcing to issuing a law that enforces the immigration office to deliver an answer by a limited time frame. Let us say 4 years is more than enough to decide whether the case is “a go” or “no go”. I promise that I will not die if they said no. In contrast, by saying no, they might be granting me another chance of life to fight for my family future and find some other destination with people who can say welcome to us. Keeping the case hanging is killing us with every single second passes away. I cannot seek any other destination with an outstanding case. I have to have a “NO” answer in hand before I seek somewhere else. Even criminals have the right of receiving their decision of “guilty/not guilty”. never ever heard of a case that just “put off” because there is no clear law about it!!
Many thanks
Unfortunately, the system is a real mess, and all the waiting is very painful for people. You could potentially try to do a mandamus case on your own. Unfortunately, I do not know a resource to help with this, but maybe if you Googled around, you would find something. Also, you could try contacting your local federal district court to ask the clerk if they have a model form. There is no requirement that you use a lawyer; it is just easier to do so. Good luck, Jason
Hello Jason,
I had my interview first week of May in Houston. I am a Iranian gay man fearing from future prosecution from government. The officer called me and changed my decision to mail a week after the interview. At the time i filed for asylum i was in status but now i have no status. I contacted asylum office and they replied “ case is under final review and decision will be mailed to you”.
Based on your experience howlong does it take for Iranian cases to get decision? how often cases like me get court referal if waited for almost 3 months and being out of status?
Thanks in advance
There is no way to predict the time frame. Iranian cases that I have seen have generally not been as slow as some countries, like Afghanistan, but waiting for several months is not uncommon. As for the chances of success, I would expect that any LGBT case would have a good chance to win, as long as they believe you are telling the truth. Take care, Jason
Hi jason i have a question about asylum based onpast persecution my father was killed by security force he was a journalist and my family also has faced lots of problem in past by security force so does it count as a past persecution or applicant himself has to be hurt ?
It could be past persecution, but the term “persecution” is not defined in the law. There are a lot of cases about this term, and the results are inconsistent (I wrote about this on August 18, 2015). Death of a family member + threats against the applicant may be considered persecution, depending on the case and the adjudicator. Take care, Jason
John,
I don’t think you should focus on figuring out if you were persecuted. While having been persecuted in the past does undeniably make your case stronger, I don’t think one should stress him/herself over the definition/meaning of past persecution. The meaning of “past persecution” will change depending on who is your officer or judge. Plus, though past persecution comes with the presumption of future persecution, the presumption of future persecution can be rebutted if USCIS/ the IJ can prove that things have substantially, or completely, changed in your country of origin.
I would focus on preparing a strong case by gathering all the evidence and corroborating witnesses. I would also try to demonstrate that whatever it is I fear is still present and therefore I don’t want to return because I fear for my life/ fear that my freedom will be restricted (if you believer you were persecuted, by all means, show the evidence/ try to convince the officer or judge). I would also try to gather evidence to show that I can’t safely relocate as whatever it is I fear is so widespread or inescapable. I would also try to convince the officer/judge that my government is unwilling/unable to protect people like me. In addition, I would also try to show that I am filing for asylum because of my religion, political opinion, race, membership in a particular social group, etc.
Often times people seemingly focus on whether or not they were physically/verbally abused or attacked, and sometimes seemingly ignoring the other elements/requirements of asylum eligibility, and or forgetting to prepare a strong case that “dots all I’s and crosses all T’s” and demonstrates asylum eligibility.