My colleague Ruth Dickey recently accompanied one of our clients to an interview with the ICE Counter-Terrorism Unit, after the client was ordered to report for questioning. She writes about her experience here:
ICE has been in the news lately for its role in apprehending migrants, detaining parents, and increasing deportations. For the public, the agency has become synonymous with the current administration’s aggressive approach to enforcement. Rightly or wrongly, ICE agents are portrayed as a boogeymen, and the #AbolishICE hashtag continues to trend ever upwards.
What many people do not know is that ICE has two divisions that work with the public: Enforcement and Removal Operations (“ERO”), which is responsible for most of those gut-wrenching daily headlines, and Homeland Security Investigations (“HSI”). HSI is usually seen as a “good guy” agency. Agents track down terrorists and pedophiles, counter human trafficking, and help interdict illegal drugs. They do important work that protects us from transnational criminal organizations and other bad actors. When ICE issues a press release about a success story, it’s usually for something that HSI has done. The fact is, HSI’s work is generally more brag-worthy than anything ERO is doing.
HSI, it turns out, seems a bit embarrassed to be associated with the notorious ERO. Indeed, a group of HSI Special Agents recently published an open letter to DHS Secretary Kirstjen Nielsen requesting to break off from the rest of ICE. In the letter, the agents explain that,
HSI’s investigations have been perceived as targeting undocumented aliens, instead of the transnational criminal organizations that facilitate cross border crimes impacting our communities and national security. Furthermore, the perception of HSI’s investigative independence is unnecessarily impacted by the political nature of ERO’s civil immigration enforcement.
The agents complain that cities and towns are unwilling to partner with HSI unless they hide the agency’s connection with ICE. It seems that HSI is eager to maintain the image of a law enforcement agency that helps, not hurts. Its association with ICE makes HSI less effective because localities are reluctant to work with HSI agents.
Give this background, we were surprised recently when one of our clients was contacted by HSI’s National Security Group-Counterterrorism and Criminal Exploitation Unit. Our client had come to the United States for an education program. He had been thoroughly vetted prior to arrival, and was bright and ambitious enough to merit a scholarship funded by the U.S. Department of State.
While he was in the U.S., our client was outed as a gay man and he received several death threats from back home. All this took place shortly before his student status ended, and he hired us to file for asylum. His case was filed a few weeks after his classes finished (meaning that he had just fallen out of status). By the time HSI contacted him, our client’s asylum application was already pending, and he had received his receipt.
Our client is law abiding, and doesn’t have so much as a speeding ticket, so it was strange that HSI would have an interest in him, much less the counterterrorism unit.
I attended our client’s HSI interview in a drab office building near the airport. I went there not knowing what to expect. The agents obtained basic biographic information and took out client’s fingerprints. Then the agents told us that they were arresting the client, releasing him, and issuing him a notice to appear in Immigration Court (an NTA). In the ensuing discussion, the agents told us:
- That the Immigration Court would decide our client’s case more quickly than the Asylum Office (apparently, the agents weren’t familiar with the LIFO policy, which went into effect in January).
- That sending the case to court was not a waste of resources, since the case might have been referred to court anyway (that is, the agents inappropriately speculated about the merits of the case, even though they seemed to know nothing about it).
- That our client would be required to attend regular check-ins at ERO to prove he was not a flight risk (despite his strong asylum claim, which he filed voluntarily).
- Our client had to surrender his passport, and the agents would not give him a receipt or a certified copy of the document. Thus, he had no evidence that his passport was in HSI’s possession (inappropriate and incredibly inconvenient, given that the passport was his only form of ID).
- That I (the lawyer) should not question the agents’ actions, since their children receive death threats (you would think that these alleged threats might generate some empathy for asylum seekers, but I digress).
Technically, the agents are correct that they have the power to send our client to court since he was already out-of-status. But here, I want to focus on why this approach is inefficient and inhumane.
First, our client already had a pending affirmative asylum application with USCIS at the time of his “arrest.” Such cases are less stressful on the applicant, as they consist of a (theoretically) non-confrontational interview. Contrast this with the adversarial hearing in Immigration Court. Also, under the new LIFO system, most new affirmative asylum cases (like our client’s) will be decided much more quickly than the average asylum case in Court. Further, Asylum Office cases are cheaper for the applicant in terms of lawyer’s fees, since such cases require less attorney time than Court cases.
Second, from the government’s perspective, affirmative asylum cases are less expensive and more efficient than Immigration Court cases. For one thing, the Asylum Office is funded by USCIS user fees (meaning, when you pay a USCIS fee, some of the money goes to the cost of running our affirmative asylum system). Immigration Court cases, on the other hand, are paid for by taxpayers. Court cases also involve more people: The Immigration Judge, the court-appointed interpreter, the Court staff, the DHS attorney, and—in my client’s case—ICE agents. Asylum Office cases involve fewer people, and so are less expensive. Indeed, the raison d’etre for the Asylum Offices is to reduce the burden on Immigration Courts by resolving asylum cases before they land in proceedings.
Third, one main purpose of the Immigration Court is to deport people who have no legal right to be in the United States. This includes people convicted of crimes and people who pose a threat to national security. The more the court system is clogged with cases like our client’s, the less able it will be to deal with people who may be a danger to our country.
So here is my advice for HSI: If you don’t want to be “perceived as targeting undocumented aliens,” then maybe you should try not targeting undocumented aliens, like my client. HSI should consider efficiency and humanity before tossing affirmative asylum applicants into the Immigration Court system merely because they are out of status. If they want to do the right thing, HSI can start by revoking our client’s NTA and allowing the Asylum Office to adjudicate his case.
Such an encouraging blog
Hi Jason
I was interviewed on February, 2018 at New Jersey, I am from Pakistan. it almost more than 6 months still waiting for the decision. I sent email request 3 time to New jersey asylum office but no reply. I tried ombudsman too last month again no response. I contact to my lawyer he said it is normal procedure it takes time.
Hi Jason
I was interviewed on February, 2018 at New Jersey, I am from Pakistan. it almost more than 6 months still waiting for the decision. I sent email request 3 time to New jersey asylum office but no reply. I tried ombudsman too last month again no response. I contact to my lawyer he said it is normal procedure it takes time.
I don’t know if it is “normal,” but it is common to see such delays, especially for men from Muslim countries. The only other thing you can really do at this point, aside from inquiring again, is to file a mandamus lawsuit. Talk to a lawyer about that if you want to pursue that option. If you do nothing, you will eventually get a decision, but it is not possible to predict when. Take care, Jason
[…] When the Counter-Terrorism Unit Comes Calling (The Asylumist, Aug. 2018) [text] […]
Hi, Jason and forum users. I have a question, i did search and all difference so i’d like to be clear before do anything with my I-131 form filing. Here’s the thing, got asylum approval and filing form I131 for Refugee Travel Document. Finished with form now time to mail it but I’m not sure where to mail it (i’m in NY), what else exactly should I attache with that form (so far find out 2×2 photo 2pcs, copy of ID, and copy of I94 or copy of asylee approval list) and how much fee exactly (it shows few options: $135 for RTD and $575 for AP and Reentry permit) also says on the form there’s biometrics service fee $85 should I send this fee with form I131 together or this is what I should pay whenever i do boimetrics at ASC? I really appreciate your time!
Sorry, I cannot give specific info on forms. The I-131 is confusing though, you have to complete the parts only related to the application you are seeking (the RTD). Check the instructions for the RTD and it explains the documents needed and the fee. If it is too annoying, talk to a lawyer about the specifics of the case for some help. Take care, Jason
Hi Jason,
I have a pending asylum case, my EAD is up for renewal. I am currently in the process of filling out the form for the renewal. I have a clean criminal record however I did not know driving in Virginia over 80mph is automatically a crime, a class 1 misdemeanor.I was never arrested or fingerprinted , officer said I was driving over 80mph, I was facing a year in jail ,I plead guilty to avoid jail time and got off with a fine but now I don’t know if it will affect my ead and future immigration status. On the form to apply for the EAD, it asks if I have ever been convicted and or arrested. I was wondering would they considered the reckless driving a crime or a traffic offense. The form also says any conviction means the EAD can be denied. Will they likely deny my EAD for the reckless driving by speed conviction?
This is a new requirement, and the answer to your question is unclear to me. Take a look at the instructions, which talk about what is considered a crime. My inclination is that you should include evidence of the reckless driving, but since this is new, no one really knows how to address situations like this. You might want to use a lawyer to research the question and see what they can find out, but I am not sure they will find much. Unfortunately, this is designed to harm people, and it will harm people. If you want to err on the side of caution, include info about the charge and disposition (I suppose if it is not an arrest, you can check the “no” box, circle the question, and write a note indicating that you are providing documents about a traffic stop). My guess is that this will cause a delay in processing, but at least USCIS will not be able to accuse you of trying to hide anything. Take care, Jason
There is a part if the interview that asks if you have lied to the US govt. what is the repercussion of coming clean about a visa application? Will it affect your credibility at the asylum interview?
We always advise our clients to come clean. There is a case called Matter of Pula that basically says a person is not blocked from receiving asylum if she lied on her visa application because she needed to escape her country to save her life. I do think you should talk to a lawyer about the best way to approach this, but the asylum officer will have a copy of your visa interview anyway, so the officer will know exactly what you said. And so in my opinion, this is the time to come clean. Take care, Jason
Hi Jason,
Please We need your advice. I have applied for I-730 and we got a letter for RFE.They need a copy of our marriage certificate where the event took place with our native language and English translation. I have both the documents. Usually when we send such documents to foreign country we have to get attestation signature from foreign ministry and send it. My question is in my country they scan our originals into their system and then print a copy and put a digital attestation signature. so now I have 04 copies. two is original without attestation and two print copies with the attestation by foreign ministry. Is it okay for me to send all 04 copies?
Thanks
That seems excessive. Why not just send the copy that you think is best (maybe with the attestation)? I guess you can send all 4, but maybe provide a cover letter with an explanation. Also, make sure you include a certificate of translation in the format required by the government – I did a post with a link to the correct format on August 24, 2017. Take care, Jason
Hi Jason,
Thanks for your reply. I have another question. Please help. In our original marriage certificate we have the questions in 03 languages. One is in English. that’s the formal format of the marriage certificate. The government officer who registered our marriage filled it in my native language. So now my question is marriage certificate doesn’t have the only local language. Questions on the marriage certificate contained in 03/languages and answers are all in my language such as name / occupation/ age. so we have to translate the answers . Is it a problem that my original marriage certificate questions are a
in English not only local language? I don’t know if you understand my question. Please can I send you copies of marriage certificate through e-mail to you or what is the procedure to get advice from you.
Thanks
If any part of the information – the form, or info filled into the form – is not in English, it should be translated. That should be fine. I cannot review documents in a case like this, sorry, but I suppose you could hire a lawyer to do that if you want. Take care, Jason
what is the condition of Newark asylum office?i applied augustn2016
All the offices are following LIFO, meaning they are interviewing new cases before old case. My guess is that you will be waiting for a long time, unless you are able to expedite the case- I wrote about that on March 20, 2017. Take care, Jason
my lawyer did it n it was not approved…I dnt know what reason she wrote but my reason is that my two young kids are there….is there any chance of getting interview next year??
I do not know how long it takes to scheduled an approved expedite request in Newark. In Virginia, it usually takes between 1 and 5 months. Take care, Jason
Hi Jason, I’m sure you’ve heard about the new policy that Stephen Miller is working on to make it impossible for legal immigrants who used goverment benefits to acquire green card or citizenship. I’m an Asylee and when before I got my approval I used healthcare subsidies to be able to pay my health insurance as I was struggling to find a job. I am now however working full time, making 70k+ and pay all my taxes in time. In a month I will be applying for green card but this new law that has been announced today has really worried me. would they find out if i’ve used subsidies and can they reject me? How soon can this go in effect and what’s your general thoughts on this?
Thank you Jason!
There is no new policy in place yet, but supposedly it is coming. Until we see it, we really do not know what it will do and who, if anyone, will be blocked. I suppose you can wait to see what happens when the policy is issued (and it will likely be subject to court challenges), or you can just file for the GC and hope for the best. My instinct is to apply for the GC, especially since you are now self sufficient, but I do not really know yet what is the best choice. Take care, Jason
I wonder: if asylum seekers are eligible to get some government benefits, how could these benefits be the reason for rejection when they apply for GC? They didn’t brake any law but they are punished. It sounds weird.
Like many government policies these days, it is designed to be cruel and arbitrary, and the hope seems to be that asylum seekers (and others) will be deterred from coming here. The evidence suggests that taking people’s children away from them at the border did not deter asylum seekers, and so it is doubtful that this new plan will do much either; other than cause needless suffering to innocent people. In any event, that policy is not yet issued or in effect, and so we do not know exactly what it will do. Take care, Jason
Dear Jason, Can I submit my DACA renewal application before 180 days of expiration. Please advise. Thanks so much.
I do not do much with DACA, and so I do not know the time frame for renewals, sorry, Jason
Please Jason while filling my form 1765, I care across eligibility category and degree, which I don’t really understand please what category do asylum applicant fall into? Is it c8? Also what is degree? I don’t know what to put in there, please your response is very much welcomed and appreciated
I cannot answer specific questions about forms, as I do not know your case. In general, an asylum applicant will list c-8 as the category. But I do not know what you mean by “degree”. Take care, Jason
I have pending asylum case and got EAD. I am still waiting for interview but I got married. Can I add my wife to my pending application before the actual interview?
Will she be eligible for work authorization immediately or she should wait?
As soon as you are legally married, you are allowed to add your wife to the case (assuming she is in the US and wants to join the case). It can be bureaucratically challenging to add a spouse to a case, but once she is added, she can apply for the EAD immediately (since you already have waited the 180 days and received your EAD). Contact the local asylum office for info about adding a spouse to your 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 have applied for asylum since 2015 and still waiting for interview. I am student considering to withdraw my asylum application and continue my study. what is consequence of withdrawal my applicatin(I keep my status alive and dont have plane to leave US and applying for non immigration visa)? do you think uscis will issue NTA if I withdraw my applicatin?
thanks
My reading of the updated NTA is that unless you committed a crime, they should at least allow you to present your case in an asylum interview (if you haven’t had one yet) instead of issuing an NTA. Per the update, besides a criminal offense, the only other case in which an NTA is issued is if, “upon the denial of an application or petition, an applicant is unlawfully present in the United States” (https://www.uscis.gov/news/news-releases/uscis-updates-notice-appear-policy-guidance-support-dhs-enforcement-priorities). However, even if for some reason they do terminate your student status, you should still be protected from an NTA because a pending asylum application means that you are NOT “unlawfully present in the United States”. Maybe this is just wishful thinking on my part.
I doubt you would receive an NTA if you withdrew your asylum application, but given recent changes in the rules, it is possible that you would (these changes are not yet in effect, so no one knows exactly what they will be). To withdraw the case, you would have to contact the asylum office and tell them. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If you successfully withdraw, you would stay here on the F visa. If you leave the US and seek a new visa, such as an F or B, it may be more difficult to get. Other types of visa should not be affected by the previous asylum application (such as the H1b). Given that there is some risk, you should be sure you want to withdraw the asylum case – maybe talk to a lawyer to go over the possibilities more specifically. Take care, Jason
Hello Jason,
Do you think the new USCIS memo regarding the request for evidence (RFE)/ Notice of Intent to Deny (NOID) will have any impact on asylees adjustment of status applications?
I believe the memo says that USCIS adjudicators are given the discretion to deny applications, petitions, or requests without first issuing a REF or NOID when requested initial evidence was not submitted, and in some cases, when the evidence of records fails to establish eligibility. This discretion also extends to incorrectly filled out/incomplete applications.
The memo is supposed to take effect September 11, 2018.
Let’s say an asylee incorrectly filled out form I-485, or never properly completed the application for AOS, will they deny the applicant’s application without sending a REF/NOID? If so, does that mean the applicant will just maintain his/her asylee status? Also, let’s say the asylee needs to submit a waiver/official document- perhaps because of a criminal record in his/her country of origin/the US- but he/she did not submit an official document from his/her country of origin/the court in the US explaining the charges and ruling, how would they treat this applicant? Would they deny the applicant without first sending a REF/NOID? If so, how is this helping any one except delaying a possible legitimate applicant’s application?
If an applicant like the above fictitious applicant is denied, will he remain an asylee or will there be further actions taken by USCIS?
The memo says that the new policy will take effect on September 11, 2018 and applies to applications filed after that date. Does that therefore mean that applications filed before September 11, 2018 will be grandfathered in and not affected by the new policy?
I don’t know how USCIS will implement the policy; we will have to see. My guess is that they are just trying to make it more difficult to get a GC. For asylum seekers that are denied a GC, they will keep their asylum status (I presume), as it is a different process to terminate asylum. Also, I am guessing that if the policy only applies to applicants who file after September 11, those who file before will have their applications processed under the old rules. Whether this will end up having a big effect or not, we will see, but it is cruel and arbitrary, like many of the actions we’ve seen lately in immigration world. Take care, Jason
The proposed rule is technically nothing new. The burden of proof lies on the applicants, not USCIS. An adjudicator shall have proper authority to deny applications that fail to establish eligibility.
That being said, I would say it’s less an issue for asylee applying for AoS (vs H-1B people who might be issued NTA if denied) as generally you will remain in your asylee status (unless of course, USCIS suspect your case involves fraud or you commit a crime for example).
If you just forget a document or omit a field, generally it’s no big deal. You can simply reapply (as long as your asylee status is not terminated). The only downside is you need to submit new filling fees. But it’s reasonable as such denial is applicant’s fault and the government shall not be obliged to spent extra time and money handling RFEs.
So, read the instructions and find a lawyer if possible. And rest assured, you will be fine even if I-485 is denied for missing documents/evidence.
Hi Jason I applied I 730 for my husband and before 14day my cas update to
Name was update
What’s mean that
Thank you and have a good day
Hi Sara,
This is me Sarah again so I applied in April 2018 for my family and I haven’t heard anything yet.You are lucky at least they responded.please keep us posted so we can re;ate to your experience. thanks
I’m still waitingtill now it’s past 14month and there is no thing only name was update
I doubt that has any meaning other than the fact that USCIS is processing the case. Normally, the I-730 takes 6 to 8 months, but it could be shorter or longer; it is difficult to predict. Take care, Jason
Hi Jason,
I had applied for a motion to advance an Individual hearing in immigration court. The judge presumably approved it by moving it 2 months earlier from the hearing date that is already two years away !!!. This is very strange. What do you think ? How could an approval be that subtle with in fact almost no change !! Do you think the clerk had an impact ?
Thank you
H.
It may be that was the date they had available, or maybe the move was unrelated to your motion. You can always call the court and ask the clerk whether the motion was granted. You can also ask whether it might be possible to try again for an earlier date. You can find the phone number of you follow the link at right called Immigration Court. Take care, Jason
Hello Jason, I am so lost right now. I’m still a f1status but i have applied for asylum 2 years ago. My lawyer told me that until i still have my f1 status valid i can’t be granted asylum, is that true ? I am really scared of loosing my status tho. Also, my boyfriend recently got granted for the asylum a year ago to be honest, if we get married now, can that be helpful to me ?
I’m so lost and afraid right now, please give me some advice Thank you very much
The delay in your case is probably the same delay faced by 300,000+ people who are waiting for their interview. It is false that a person cannot be granted asylum if they are in valid F-1 status – we have had many such cases granted. If your lawyer really told you that (and maybe you misunderstood the lawyer’s advice), then I am concerned that the lawyer does not know much about asylum and you may want to find a new lawyer. As for the boyfriend, once he has a GC, and if you get married, he can petition for you to get a GC, but you have to maintain your lawful status (F-1 or something else – pending asylum alone is not enough) the entire time until you file for the GC – the waiting period for a GC person to file for a spouse is usually about 1.5 years – you can Google “DOS visa bulletin” and learn about that. Alternatively, you could leave the US to get your GC if he files for you. Talk to a lawyer about your options. Take care, Jason
Pending asylum is a lawful status, isn’t it? Can you explain why you said it is not enough. I was on F-1 status and then I applied for asylum a month after my F-1 status was terminated. And my husband (a permanent resident) petitioned for me but my asylum application is still pending. So will I be asked to leave the US for consular processing?
A pending application is not a status. You had F-1 status, you applied for asylum, and your F-1 status ended. So now you have no lawful status here (you also have no “unlawful presence” in the US since you filed for asylum before your F-1 status ended). You are allowed to remain here because you have a pending application. In this situation, unless you meet a rare exception, you would need to leave the US to get your GC based on your husband’s petition, or you can wait for your husband to obtain his US citizenship and then you probably can adjust status to get your own GC based on the marriage (the spouse of a US citizen can usually get a GC without leaving the US). Talk to a lawyer to be sure about this, as you might meet an exception to one of these rules. Take care, Jason
Dear Jason,
Thank you so much for the time that you dedicate to this blog to help us all. I appreciate if you help me understand a situation. Have you ever won any asylum case where your client had already been to the United States, but at first when he was here he did not know that he had the right to apply for asylum, and he went back to his country and came again to apply for asylum?
Is this reason enough to convince an asylum officer that he did not know that he had the right to apply for asylum when he came to the United States for the first time? Thanks
We have done many cases where the person returned to his country. The return trip needs to be explained. The best explanation is that the person thought it was safe when he returned, but something happened on the last trip that caused him to seek asylum. That is not always the case, but I think if the only explanation is that you did not know about asylum, that is a weak explanation. This issue is usually very important in any case where the person returns home. You cannot ignore it, as they will ask about it, so you need an explanation. Talk to a lawyer for some help about the specifics of the case. Take care, Jason
Hi Jason, how are you. I want to thank you for everything you do for our community. Quick questions. Do you have any opinions or thoughts or experiences with Judge Burman in Arlington Virginia. He is my judge. My IH is in 4 years. I’m scared he might retire by then. Is he a linient judge? Thanks.
I know him well and I think he is a very good judge. As for his grant rate, I am not sure – you can Google “TRAC immigration” and find that info. I do not know when he plans to retire, but I would not be surprised if he retired before 4 years, but I do not know. Take care, Jason
Hi,
We have the same judge. My second master hearing scheduled for November 2020. Then he will decide my Merit hearing. Did you have your Master hearing date or merit hearing date yet?
Thank you.
I Jason,
Please advice me . I filled my case in Miami and now moved to sfo last month but have not trasfer my case as it’s new job so I wanted to get settle before I trasfer . So just wanted to know how much time I can wait before I trasfer my casecto sfo it there any time limit?
You are supposed to inform them within 10 days of the move, but if you are not sure that this move is permanent, or you still have your FL address, you may want to wait until you know that you are staying in SF. Do be careful, though, as they will send all mail to the address they have for you, and if they schedule an interview and you do not receive the notice, you will miss the interview and your case will be denied or sent to court. Take care, Jason
My florida address is my aunty place so nails are safe . I was just worried about how much time I have before I move my case ?
Once you move, the rule is that you file the AR-11 within 10 days. What counts as a move is not entirely clear, however. But once you have decided to move permanently, you should file the change of address within 10 days of moving. Take care, Jason
Is an interview notice sent only to a seeker, or their attorneys also receive a copy?
For an asylum applicant, the attorney and the applicant should both get the interview notice. Take care, Jason
Hi Jason,
Thank you for such a lovely blog for asylum seekers.
I have a question.
Recently, my affirmative asylum case was referred to IJ in San Antonio and my wife is primary applicant. I wanted to know as my attorney suggested if we file motion to terminate removal proceedings due to erroneous NTA will I be still eligible to work or apply for a new EAD?
Thank you.
There is a new Supreme Court decision that may allow people to terminate immigration court proceedings. However, you would only want to do that if you do not want to pursue your asylum case. There is no point in terminating proceedings if you want to continue the asylum case. You would need to discuss the pros and cons of trying to terminate with your lawyer, but I had a case recently where you declined to terminate because the client wanted to try to win asylum. Even if we tried to terminate, I think the only result would have been an annoyed judge who would have re-instated proceedings anyway. If a person does terminate proceedings, then I think that would be the end of the pending asylum case, which means that the EAD would no longer be valid. I am not 100% sure about that, as it may depend on how the termination works, so ask your lawyer, but I suspect that the EAD will become invalid if you terminate. Take care, Jason
Hi Jason,
I just read your comment about the new supreme court decision about terminating proceedings. Would it be possible for someone in removal proceedings in immigration court to terminate proceedings and switch to ” F1 (if current student) ” or “I-140/EB2 ” ? Does the termination help switching to a new visa status ?
Thanks a lot
H.
I do not see how terminating proceedings would help with that. You would still need to leave the US to get the new visa, since you cannot change from out-of-status to in-status without leaving the US (there are exceptions, such as marrying a US citizen and a few others). Take care, Jason
Thank you so much Jason!
I appreciate your prompt reply.
God Bless you.
Hi Jason,
Once I have a valid EAD card based on pending asylum for 2 yrs c8 category, after granted asylum shall I change the card or better to wait until having the green card?
If I will ask for a new card after granted asylum, based on the new i-94, is it for free or should I pay fees?
Best regards,
Hello Jason
I was granted asylum 12 years ago and when I applied to adjust my status as a PR my application was put on hold because of TRIG. Three months ago I got RFE from the service and I was asked to provide answers to approximately 60 questions. Without the assistance of an attorney to the best of my ability I answered every question asked in RFE letter. Three weeks after I sent the reply I got another letter from the service asking me to provide I 693 (Medical Report). Today a month after submitting I 693 I got my Green card in the mail. It is worth mentioning that my application was approved exactly after 3625 days since I applied. I would like to know if I may be able to file N-400 Application for Naturalization now?
Unfortunately, you do not get credit for time served, as it were. You can apply for citizenship 5 years after the date on your green card (actually, you can mail the N-400 up to 90 days before your 5 year anniversary). Take care, Jason
The first EAD based on asylum granted is free. Normally, USCIS should just send it to you automatically (if you won your case at the asylum office). If not, contact the asylum office (maybe be email) and ask about the EAD. 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,
I was interviewed on Feb 2018 and my MCH was on Aug 7 2018. But today i got one latter saying that the MCH re schuled on january 2019.is it normal jason?
Thanks
It is pretty common – the court keeps moving case dates around. It is probably due to shifts in personnel or priorities at the court, and probably has nothing to do with your case. Take care, Jason
Hello Jason,
I’m filling the new form of I-765, I need your help in adding some data
1- What should I write in the current immigration status as it was B-2 then now out of status, is it pending asylum or something else?
2- for filling for my children should I will be the preparer and signing for them?
Thank you
1 – I don’t know your case, and so I am not sure, but in general, we usually write something like B-2 expired or asylum pending. 2 – As long as you are not stating that you are a lawyer, you can indicate that you prepared the form for them. Take care, Jason
Hello Jason,
Does severe parent sickness is a condition for expedited asylum decision? He is overseas and needs someone to take him to a country with better medical technologies. Unfortunately, I am the only resource he has at this time.
You can try. Get evidence of his health condition, and explain how you will manage that without returning to the country where you fear persecution, and that you are the only one who can do it. You can email the request to the asylum office (with attachments) or bring it in person. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi jason
i granted asylum by IJ some weeks ago.Due to late to receive i94 card,i got info pass for local uscis office for next week,But today i received my i94 card and approval letter by mail.
i have C8 catagory EAD valid upto next year but now i want A5 EAD.How i can get it?
You need to take the info pass appointment and bring your order granting asylum + your photo ID. You can learn more if you look at the government PDF document on this subject. You can find it by Googling “post order instructions in immigration court”. Take care, Jason
Sir i want to change EAD from C8 to A5 catagory after granted Asylum. So how i can apply for that? During info pass? Have i to fill the EAD form and submit fees too?Kindly guide me again. Sorry to bother u. Regards.
Try the info pass first – they should take care of it. If not, you can just fill out a new I-765 form with the new category. There is no fee for the first EAD based on asylum granted. Take care, Jason
Hi guys.
Is there anyone who has applied after january 31st 2018 at Houston office?
I am just trying to figure out they do LIFO ot not?
Thanks
yes, I applied in Houston march 29, did biometrics about 3 weeks later in mid April. no interview yet.
Hey Jason
I heard there’s an update in EAD please can you share the link of the updated EAD. Thanks also when I’m filing my EAD do need to put prove of my asylum case?
The EAD form is the I-765, available at http://www.uscis.gov. There is a new form. If you are applying based on a pending asylum case, you need to include evidence that you have a pending case (copy of asylum receipt and biometrics notice). The instructions explain everything you need to submit. Take care, Jason
Hallo Jason
We filed for asylum 3/26/2014
Interview 12/5/2017
Still waiting for an answer. We were interviewed in Minneapolis, but our case is with the Chicago office.
My question Ead related:
We got our last 2 eads through the Nebraska office. This time around Nebraska send us an email that they reffered our ead case to Texas. Then Texas send us letters to say they reciewed the info and have send in to Virgina where our case is??
Do you have any idea why they would do that? Thank you so much
I have the exact dates almost!! Filed at the same time and got interview same time. This is so frustrating that there is no decision yet!
This is just internal processing by USCIS – they move cases around to be more efficient (or maybe less efficient – who knows?). The case should be processed normally. Take care, Jason
Hello Jason,
After one week I should apply for EAD card, I found two forms of I-765 8/31/18 and 7/17/17, which one I should use?
I will file for me, my spouse and my two children, should I send them in one envelope or each one in separate envelope to the mailing address?
Thank you.
Hi, Savior. Did you check your EAD clock by calling 800-898-7180? Why I’m asking – I also will apply for EAD soon and my case was reffered to EIOR, but the thing is that my clock stopped on the day I got my decision about refferal.
You can inquire about your clock by phone once your case is referred to the court
Do I have to call differet number after refferal?
That should not be a reason to stop the clock. Maybe you should email the asylum office and ask them about this. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Use the newest form at the http://www.uscis.gov website. You can send everything in one envelope, but make sure there is one separate and complete packet for each person. On the top of the packets, you can put a cover letter explaining that there are 4 separate applications. Take care, Jason
Thanks as usual
Hey Jason!
You mentioned in a comment on a previous post about a policy memo regarding asylum EADs and F1 status. Would you mind kindly pointing to where such a memo could be found since I haven’t been able to find anything. Thank you!
Best,
Mark
As always on this blog, Jason is the one who can give you the most accurate information. But I’m pretty sure it’s this one:
https://www.uscis.gov/news/news-releases/uscis-changing-policy-accrued-unlawful-presence-nonimmigrant-students-and-exchange-visitors
This change is going into effect August 9. It does not specifically discuss the F1 status in connection with an EAD through pending asylum, but I think it could potentially be interpreted to mean that you violated the terms of your student status when you initially applied for asylum. That’s my understanding of the issue, but I’m not an immigration attorney, so don’t take my word for it.
Thank you for the memo link. I have read it several times, and I really don’t see anywhere in that document that can be interpreted as such. The memo doesn’t even mention asylum.
It may or may not have to do with the following comment:
“Individuals in F, J, or M status who fail to maintain their status on or after Aug. 9, 2018, will start accruing unlawful presence on the earliest of any of the following:
The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity”
My understanding is that it might be argued that you failed to maintain your non-immigrant student status by applying for asylum. However, with a pending asylum application, while you may lose your status after having applied, “accruing unlawful presence” should still not come into play since by accepting your asylum application, USCIS granted you permission to stay until your case is decided.
Of course, this is pure speculation on my part and I’m not really qualified to answer this question.
I think no one really knows yet. But you are correct that a person with a pending asylum case does not accrue unlawful presence. Take care, Jason
Hi, Jason! Thank You for all! Could you help me one more time, please give me advice what is the best option to me in my situation, here:
Recently i got asylum granted, i have no family, but i have a girlfriend and what should I do to bring her to USA ASAP? For now I’m planning get RTD within 3-4 month, meet her in third country and get married, after come back to USA and include her as my wife, this is correct and shortest way? Or there’s another way to bring her?
The shortest way would be for her to find her own way here – tourist visa, student visa, work visa, etc. If that does not work, you can marry her, but you cannot petition for her until you have a green card, and such petitions typically take at least 1.5 years (you can see the wait time if you Google “DOS visa bulletin”). Unfortunately, I do not know of a faster way. Take care, Jason
As JRT mentions, it may cause F-1 students (and others) to lose status when they “violate” the terms of their status. A student visa allows a person to come here temporarily, but if that student seeks to remain here permanently (by filing for asylum, for example), and that application is denied, the student could be viewed as having violated her status since she tried to stay permanently. In that case, the person could be sent to court for having violated the student status. USCIS has not sent students to court previously if they filed for asylum and asylum was denied, but we do not know what they will do after August 9 when this memo goes into effect. Another memo that would have sent more people into court has been delayed (probably because it is a stupid idea that will add extra cases to the overburdened court system), but I have not heard about a delay here, and so we will see how USCIS treats such people once this goes into effect. Take care, Jason
Thank you for doing my work, and I agree with your assessment. Maybe you should think about a career in immigration law (or, if you are smart, maybe not). Thank you, Jason
Dear Jason,
I’m just following your advice from the “What can I do to help” blog post, using my very limited knowledge and some personal experience. And I have thought about a career in law. Maybe by the time I apply to and graduate from law school, and then pay off my debts from that, my own asylum application will finally be decided. Best wishes, JRT.
That sounds about right. Take care, Jason
JRT has got it. Take care, Jason
While it’s always possible that USCIS argue what a F-1 status terms of conditions are, in my perspective this memo does not change the current practices/definitions of determining F-1 violation.
Most importantly, don’t :
1) engage any employment without authorization. an authorization includes ANY type of EAD, or school official’s authorization as CPT
2) Drop below full time credit without school official’s authorization
3) Travel without authorization signature from school official
4) Fail to register or go to class
It has been always the practice that allow F-1 to adjust/apply for permanent status. For example petition for EB-1 or any employment based AoS which will be impossible if USCIS prohibit F-1 pursuing permanent status. In this regard also, Asylum is not a permanent status. It’s more similar to TPS in sense that the government can terminate your status at any time (though the key difference is TPS can be easily terminated while asylum will be much harder to cancel).
As far as the memo goes, nothing seem to change such practice and if you otherwise maintained your F-1 status, asylum application shall not (on itself) cancels your status.
Finally though, asylum pending might make it very difficult for you to get F-1 visa stamp.
VVN, the key difference between being granted asylum and TPS is not that the government can easily terminate TPS as opposed to asylum status. While there is a procedure(s) for terminating asylum status, and perhaps there are statutory regulations that USCIS has to follow when they decide to terminate asylum status, the foregoing, however, is not what makes the two statuses different.
Second, asylum status and TPS are not the same /similar things despite the fact that asylum status may appear to be a “temporary” status. DHS designates countries eligible for TPS and so can decide to end the designation at any time, even if the reason for the grant of TPS does not cease to exist. On the other hand, anyone from any country can apply for asylum and there are strict guidelines, codified into law (INA), that the government has to follow when it decides to terminate asylum status.
The main difference between TPS and asylee is that one provides a path to citizenship and one does not.
Yes but my reference to TPS here is to emphasize the “temporary” nature of asylum. And from my point of view, USCIS cannot simply say applying for asylum is a violation of F-1 status without making TPS a violation as well.
While the government seldom terminates (as of now) asylum status (other than crime or fraud), the termination of TPS and asylum status can share similar ground and requirements: the government has to determine that the underline ground/nexus of granting such status no longer hold true. For example, DHS cannot simply terminate a TPS designation without considering the country’s condition. Same standard is hold true for asylum termination. The government need to proof that a change of country conditions make the applicant’s previously well founded fear no longer well founded. This does not require any threat to applicants to be completely eliminated. Just that such condition improves to such a level that TPS is no longer needed, or the fear is no longer well founded.
Of course the two program is still very different and TPS does not offer options for green card.
Another difference is that the government has to go through the procedure to terminate asylum. TPS, on the other hand, can be terminated any time they decide to cancel the program – it is not an individual termination; they are terminating for all TPS people from that country, just as the did for several countries recently. Take care, Jason
I think the difference is that if an asylum case (or other immigration case, such as EB1) is denied, USCIS may send the person to court. Before, if a student applied for asylum and asylum was denied, the student could continue in F-1 status as long as she fulfilled the requirements of that status. Now, the student may be sent to Court if asylum is denied, even if she is otherwise in valid F-1 status. We shall see how this is implemented, because now it is not so clear. Take care, Jason
Hi Jason, do you think they will implement the new memo in this way? because I would be waste of resources.
thanks
They do a lot of things that are a waste of resources, so we will have to see. Take care, Jason
Just an update;
Filed in Houston Office on January 9th. Filed for EAD on June 11th, Got my card today on August 2th.
Hope it helps,
Did you file by yourself?
Yes, I filed it by myself, I Just followed the structure that they have in their website. Good Luck 🙂
Pretty quick – Thank you for sharing this. Take care, Jason
That’s the only thing I can do 🙂
Hi Jason,
My case was referred to an immigration court after I was not successful with my asylum interview. I have a masters hearing at the end of this month.
I currently can not afford a lawyer can I go for a masters hearing without a lawyer and hire a lawyer as the case progresses?
Or must I have a lawyer for the master hearing?
Also in immigration courts in Houston are they using LIFO?
I wrote about finding a free lawyer on September 22, 2016 – maybe that would help. Most judges will give you more time to find a lawyer if you ask. If not, you can schedule the final hearing and try to find a lawyer before that time. It is much better if you can find a lawyer, as that makes a difference in court cases. As for LIFO, that is for asylum offices, not the courts. However, some courts seem to be trying to give quick hearing dates to people referred to court under LIFO, so your judge might try to give you a quick hearing date. Also, if you ask for more time to find a lawyer, this will stop the Asylum Clock and delay the work permit (if the clock already reached 180 days, there is no effect). I wrote about that on July 19, 2018. Take care, Jason
Hi, Jason! I heard that if you overdue and violated the visa law before applied for asylum, for example i got b1/b2 visa (given for 6month) and landed to usa in May 2014 and applied for asylum in April 2015, now get RTD, is there any problems on returning to usa?
I filed in month 7 because my lawyer had a medical emergency and we couldn’t file on time as we had planned.
Jason, does filing for asylum after 6 months from arrival in the US require a waiver when applying for the GC?
Thank you
No – there is no penalty for overstaying a visa unless you overstay for 6+ months and then leave the US (the penalty, which is a 3 or 10 year bar, depending on the length of overstay, only kicks in when the person leaves the US). Even if you had such a bar, the asylum grant would “cure” that problem. Take care, Jason
Thank you for that, Jason.
So, for the GC application question that asks if you have ever violated the terms or conditions if your nonimmigrant status, would filing for asylum after the 6-month period of authorized stay be considered a violation and possibly necessitate a waiver?
That would be uber-dickish of them to do that. I think it does not, and I doubt such an argument (that filing for asylum violates your B visa) would pass legal muster. If that happens, the news will spread pretty fast, so you can act accordingly, but I don’t think this is really something to worry about. Take care, Jason
Thank you for your reply, Jason, and for the reassurance. Let’s hope they’re not in the mood to be uber dickish when it’s GC time. What’s a bad place to be? At the mercy of this administration. Where are we? Exactly. But I’m feeling positive that everything is going to be alright.
I think it will be alright, especially for people who received asylum. Take care, Jason
Sara,
USCIS received my application 1 day before the 1 year deadline! My lawyer just decided that she was going to submit it even though I asked her to submit it earlier. The result was that I was almost barred. All she had to do, if it was time constraints, was simply fill out the I-589. Because the I-589 was submitted so late, I got caught in the backlog and had to wait 3 years for an interview. For the EAD, she had the documents sitting at her office and kept telling me that she had submitted them.
Wow.. I’m sorry this happened to you, Jamie. Really glad you made it before the 1 year, though!
My lawyer is actually quite awesome and we would have filed well before the 6 months if it wasn’t for a report she wanted to include taking someone 3 whole months to complete, and then her going into labor the day before we were supposed to file.
Maybe we should include a copy of her child’s birth certificate with the GC application to explain why we didn’t timely file 🙂
Thanks, Sara. A lot of things are not even farfetched nowadays. Wouldn’t be surprised if something comes up about applying for asylum out of status.
I’m staying positive, Jamie, despite this crappy summer weather we’re witnessing in NY.
Hopefully we won’t have to worry about this out-of-status thing when it’s time to apply.
An RTD is only for people who have already been granted asylum, but if that is your case and you get an RTD, a prior visa overstay (from before you had asylum) should have no effect. Check with a lawyer to be sure, especially if you have other immigration violations. Take care, Jason
Hi Jason!
I applied for asylum in August, 2013
I was interviewed in August,2016
But since then I never received the decision.
What should I do? My case is in Chicago office!
Thank you!
You can email the asylum office to inquire, or go in person. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). After that, you can try the USCIS Ombudsman (a link is also at right). After that, you can talk to a lawyer about a mandamus lawsuit. Take care, Jason
Hey Jason, thank you for amazing blog – it gives hope to all in wait.
I’ve been waiting for Asylum decision for 3.5 years (3 to get the interview and 0.5 after).
It looks like it’s time to go home for me.
Is there a way to appropriately “close” my case so that later I can get business visa to come to the US from time to time? Where can we read about it in detail?
Thank you.
Sorry to hear this. I have had other clients leave as well. You should email the asylum office and tell them your plan, and ask to withdraw the case. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). I do not know of a place to read about withdrawing the case. There is another link at right called Affirmative Asylum Procedures Manual, and that may talk about withdrawing a case, but you’ll have to look through the very long document to find what you need. Take care, Jason
Will certainly do so.
I didn’t overstayed my initial visa and applied for asylum within granted 6 mo period.
What are my chances to get B2 visa later to enter the US for business purposes like conference or meeting with a client? Is there a way to increase the probability?
Thank you.
As long as there is no bar to returning, you can get the visa if the US embassy thinks you will not overstay or violate the visa (or commit a crime). Showing connections to the home country increases the chance for a visa. Also, having a valid reason to come to the US helps. There are lawyers who specialize in non-immigrant visa cases – if you have trouble, maybe look for a lawyer to help. Take care, Jason
Don’t you think the consulate might deny the visa on the ground that the one that he used to get to the US initially (and apply for asylum) was obtained through a misrepresentation about his intent?
If they believe he misrepresented his intent in a prior visa application, there would be a good chance that they would deny a future visa application, at least for non-immigrant, non-dual-intent visas. Take care, Jason
Doesn’t this client have 60 days grace period before he falls out of his student status ? Just curious for clarification.
Thx
I wondered that as well, but it wouldn’t much matter, since ICE can claim that he went out of status by filing asylum (since it violates his non-immigrant visa to seek permanent status in the US). Also, he had a J visa, not an F visa, and I do not know that there is grace period. And even if there is, it would not mean that the person is lawfully in status during that period, only that the government would not penalize the person for a period of time after they are supposed to leave. Take care, Jason
Hi Jason, I got my asylum approval couple days ago and try to get my RTD to travel overseas to vacation do I have a any problem re entry here after travel 28 days vacation? And I will not going my own county just different country for vacation , Thank you sir
Once you have the RTD, you should be able to travel and return with no problem, as long as the RTD is valid. And as you say, you should not go to your home country. Otherwise, it should be fine. Take care, Jason
Hi Jason
I filed my case in Houston 6 months ago. It seems they do not follow LIFO policy. If I move to another state and transfer my application to that new asylum office ( which follows LIFO ), May I get my interview within 21 days based on LIFO policy?
Thanks
My guess is that Houston does follow LIFO, but they just did not get to your case and you are now in the backlog. I do not think moving to a different office will get you out of the backlog, but some offices are faster than other. I wrote something about this in a post on July 10, 2018. Take care, Jason
If you’re going to be the playground bully and pick on everyone, no one is going to come to your birthday party.
Thanks for an informative article, Jason, and thanks to Ms. Dickey for sharing this. I hope her client gets the NTA revoked and is sent back on his asylum office route.
My guess is that we will do this case in court. It is a strong case, so we will hope for the best. Take care, Jason
Does my supposed TRIG record go with me to Canada if I tried to apply for Express Entry there? I know Canda is a different world that you don’t have experience in. But I guess if I asked the same question to a Canadian lawyer, he won’t be able to answer it; and will assumably say “I am not sure what does TRIG mean in American law. You will need to ask an American lawyer”.
I might need a broker lawyer who works in between these 2 countries. Not sure how to find him. However, your thoughts or hypotheses in my above question will be much appreciated
I would not be surprised if Canada knew, as the two countries seem to share a lot of information. If you have a lawyer in Canada (or a lawyer who does immigration law for both countries – and there are such people), you should explain the problem here, so the lawyer can best help you. The TRIG grounds in the US are very broad, and they may be less broad for Canada, but I do not know. Take care, Jason
Hi JASON,
AM new to this thread..
I need your help am in H1b visa and my employer not ready to file an extension , my visa valid till September 10 2018,And am staying here (USA)with my spouse and kid since December 21 2017, Now am planning to file asylum through paralegal because if am going with attorney they were asking me 10000$ for three of us.Now my question is:
1) Does H1b people can apply asylum
2) Once the H1b visa got expired ( September 10 2018 )can i stay here using asylum status.
3) If my Asylum got NOID are Denial what’s next step.
4) How many times i can re-apply asylum if something happen to my previous case.
5) Is there any possibilities to win my case if my Mom(green card holder) and my sister (Citizen) in USA.
Your valuable reply will help me to go next level. Thanks in advance
Hi, Jason! Thank you for keep us posting.
I have a question if you don’t mind. I was commenting here 7-8 month ago about my case situation, in short was interviewed and got recommended approval, so yesterday i got asylum approval by mail. Which is said my status was granted under section 208. And give me a few benefits. Please if you have a time in few words what is that mean section 208? And what should I do next? When i can apply for greencard (i-485 form is green card form?)?
INA 208 is just the section of the law that deals with asylum (you can Google it). As for the GC, you have to look at the approval letter. In the first paragraph, it should give the date that asylum was granted. You can apply for the GC one year after that date. Congratulations on receiving asylum and welcome to the USA! Jason
Thank you, sir! All this time you was helping me. I really appreciate your help!!! You are the best!!!
Hello Seeker congratulation for being approved.
I have a friend who is waiting for his final approval after being recommended for approval.
Please, if possible can you share your timeline from the recommended approval to final approval? And can you tell us what office?
Thx.
Thank you! Sure, interviewed 11/14/2017, recommended approval 11/28/2017, asylum approval 07/27/2018. Bethpage, New York.
Congrats on your approval! 🎉
Our timelines are very similar up to the RA. I was interviewed in NY, as well.
Case receipt: 04/28/2015
Interview: 11/15/2017
Decision: 11/30/2017 – RA
Final approval: 04/20/2018
Congrats to both of you!
Are you from banned countries?
I am waiting for my decision almost 10 month and have not even received RA.
You’ve memorized your dates?
I had to check my phone calendar for a couple of them (they have anniversaries now).
Name was update
What’s that mean i730
Hi Jason! Thank you so much for this new update, which is very scary.
I am from Afghanistan. I got out of status two weeks ago, but filed for my asylum 10 days ago. My lawyer told me that falling out of status does not affect my affirmative asylum case. My lawyers seems to be not corect!
Is it likely that ICE will come after me, take my passport, and refer me to the court?
Best,
Asylee
We have not seen this happen before and my guess is that it is not very common. In this particular case, the person had a scholarship from the State Department, and failing to return may have triggered a report to DHS. As Ruth writes, the whole thing is non-sensical, even from the government’s point of view. I do not think you should be unduly concerned about having a similar problem, and in any event, even if you are sent to court, you can do the case there, so it is not the end of the world. Take care, Jason