By now, you’re probably familiar with the famous, anonymous op-ed in the New York Times, written by a high-level member of the White House staff who is “resisting” President Trump. But in asylum-world, there’s another anonymous article getting attention. It’s an interview in Topic Magazine with an un-named asylum officer.
The interview is sad and poignant. It’s obvious that the officer cares about his (or her) job and the individuals who are seeking protection in the United States. With the advent of the Trump Administration and it’s increasingly hostile approach to asylum seekers, the officer is facing a crisis of conscious: “I struggle every single day with how to determine whether I’m causing more harm than good,” the officer states.
One example the officer gives is the implementation of the infamous “zero tolerance” policy at the border, where parents and children were separated, often by trickery, and with no real plan for reunification:
I was interviewing moms in detention who were separated from their children. [U.S. government officials] took their children away from them. All that they wanted from me was to know where their kids were. They would ask me, “Where are my children?” But I was told not to tell them where their kids were. I was told not to tell them. When I say I’m complicit, this is what I mean.
Obviously, looking a desperate mother in the eyes and declining to give her information about her children is a soul-crushing experience. And, according to the anonymous officer, the Administration’s policies are having a deleterious effect on asylum officers:
People in the office are demoralized. I think the job was hard to begin with. There were already very high expectations, very rigorous screenings. Now, there is a fear among upper-level officers that the [asylum] program could get cut altogether, so everyone is trying very hard to not make any mistakes so that the program doesn’t get cut. My worry is that this will lead to people who should get asylum not getting asylum…. [At] this point, I can’t yet fathom what [bad thing] will happen next. I don’t want to, but I’m sure it will come. I never thought they would take kids away from their parents. What else could they do? They did that, so they could do anything.
What should a decent, moral person do in a situation like this? For me (as an outsider), the answer is not so clear. I have friends who have left government because they could not contribute to the goals of the Trump Administration. Other friends have chosen to stay, to do whatever good they can. Which approach is better probably depends on the individual and her circumstances, and I am quite sure it is not an easy decision either way.
If it were me, one factor in deciding whether to stay or go would be the impact of my choice on the asylum system. I have written this before, but it bears repeating here: In many ways our asylum system is sacred. Our country grants protection to strangers who arrive on our shores seeking refuge from danger. We offer asylum in part because it serves our national interests. But we also offer asylum because we are generous and good. By helping others, we help define ourselves. My decision to leave would depend in part on whether I thought my departure would make “the system” better or worse.
Asylum Officers, Immigration Judges, and government attorneys implement the asylum law. Without them, there would be no humanitarian immigration system. In my experience, most of these people are hard working. The majority are clearly committed to the rule of law, and to Justice (though we don’t always agree on what “Justice” looks like). They take their responsibilities seriously and recognize the life-changing nature of their work. They are the ones who have to make the difficult choices (choices that lawyers like me do not have to make): Whether to grant a close case or deny a sympathetic one that simply does not qualify for relief; whether to give an applicant the benefit of the doubt; whether to grant or deny as a matter of discretion. These are the tough choices that ultimately allow “the system” to continue functioning.
So it seems to me, the question for the anonymous asylum officer and many hundreds like him, is whether there is still room in the system–and in his particular job–to do Justice. In the case of our officer, it appears that such room still exists.
Even as the Trump Administration is working overtime to narrow the path for asylum seekers, it is still possible to do good. As the anonymous officer notes, “there is still space to be fair, and to provide opportunities for people.” And it’s not just fairness; it’s also kindness. Speaking about female asylum seekers detained at the Southern border, the officer says:
I think that oftentimes for the women who are detained at those facilities, [my interaction with them] will be the first moment that someone will be kind to them. The very first time in the whole process. They are not treated well at the border, by other agents in other agencies….
The value of such kindness is difficult to overstate. It can be the difference between hope and despair. Even for people who are ultimately denied, the fact that they were treated with respect and fairness makes a real difference. I have seen that myself many times.
As an attorney who represents asylum seekers, I hope that the anonymous officer will stay. When good people depart government service, the rule of law is degraded. The decency and compassion that have been–to borrow a word–the loadstars of our asylum system, are further eroded. And of course, the erosion of our humanitarian immigration system also marks a degradation of our country’s humanity.
These days, many good people in government are conflicted. The anonymous officer states, “I think about it [quitting] all the time.” I don’t blame the officer for this. It is painful to compromise one’s morals. But now, more than ever, I think we need people like this officer to stay. To do their jobs. And to pursue Justice.
Hello Jason
I would like to thank for your willingness to always answer our questions here. I just would like to share a good news about my situation. I was granted asylum by the immigration court in 2005 and when I apply to register as a permanent resident in 2007 my application was put on hold because of TRIG. In July of this year I got a RFE from the USCIS asking me to provide answers to probably a dozen or so questions related to my asylum case of 2005. A month after I sent a reply to the ROE I was asked to submit another medical report which I submitted in mid August. A month after that I got my green card backdated a year. After a wait of 11 years I finally got my green card. I have known three other similar cases who had been removed from hold and their applications for immigration benefits adjudicated.
Congratulations! I have heard that some TRIG hold cases were allowed to move forward. It goes to show the idiocy of most TRIG holds, which have nothing to do with terrorists. In any event, it is good news, so Congratulations, Jason
What does form I-797 C mean ( notice of action ) . I have a pending asylum case. I had my interview for 15 month ago.
It is just the paper USCIS sends to people to update them about their cases. Take care, Jason
Dear Jason,
Thank you for providing all these incredible recourses and helpful insights.
I filed my i-589 in April this year and had my interview in July at the Arlington office. Its been more than two months and I am still waiting for a decision. I went back four times to the country which I sought asylum from when it was less life-threatening to visit my family while I could(drastic change in the region during the last year and a half). I also visited Canada twice, and my last entry to the US was late Jan this year from Canada.
For some reason, I have had two different i-94 numbers under the same passport number, DOB, and country of issuance. The only difference is that my first and last name were flipped on the second record. The travel histories were exactly identical as well. I did not know about this until just now and started to worrying about if it would get my case denied because I did not mention it during the interview.
Is there anything I can do as of now? Thank you for your time and help in advance.
Sincerely,
Yi
I am not sure this is something to worry about – it may just be that your name was entered improperly on one of the I-94 forms. I suppose you can print both forms and submit them to the asylum office with an explanation. Include your Alien number, name, and date and time of the interview. I doubt this is necessary, but I also do not see how it would do any harm. Take care, Jason
Dear Jason,
Thank you for the response, and I think it should be fine as long as both records point directly to me.
I last entered the country with an F-1 visa, and my program ended on May 19 this. My i-589 was received by USCIS on May 21, did I accumulate any unlawful presence since there is a one day gap. What would be my current immigration status on the i-765 form since my application is pending? Is it “Asylum Pending”? Also, should I include my SEVIS number in Part 2-26 on i-765 even though my F-1 status expired?
Thank you so much for your time.
Sincerely,
Yi
I can’t answer questions about forms, as I do not know your case. For our client with asylum pending, we list their current status as “asylum pending”. As for the other question, I do not know, but if you are not sure, it is often better to list info, and provide an explanation in a cover page, so USCIS understands what you are trying to tell them. Take care, Jason
Hi Jason,
Do you think the new proposed rule will affect asylum applicant who utilizes Affordable Care Act assistance? I read the document and some news articles, but could not locate any information. I believe it will not impact us. I would appreciate your input. Below is an abstract from provided link:
“In a departure from leaked drafts, the 447-page proposed rule won’t target immigrants who’ve received subsidized health insurance under the Affordable Care Act or the Children’s Health Insurance Program. The rule also bypasses the earned income tax credit, a refundable tax break for low- to moderate-income families.”
https://www.politico.com/story/2018/09/22/poor-immigrants-green-cards-trump-836456
Hi Jason
Thanks for your patience in replying
There is some sport competitions in Canada and the tournament holders will invite me there. Is it possible that I join them with invitation visa while my case is pending for final decision in USA?
What do you think of its side effects? Does it cost any problem with my case?
Many thanks .
I do not know about that. If your case is with the asylum office, you should get Advance Parole before you travel (I wrote about this on September 11, 2017, but since then, USCIS has become much stricter about granting AP). If you are in court and you travel, you may not re-enter at all. I would talk to a lawyer before you leave the US to be sure that you will be able to return without a problem. Take care, Jason
I wrote a post about this today, but the short answer is no – I think the rule does not apply to asylum seekers, asylees or refugees. Take care, Jason
Hello Jason,
I am religous asylum, Please let me know is officer allowed to ask any question from bible or questions will be asked based on my application?
Best
If part of the case is that you are a religious person, the officer can ask about your knowledge of the Bible or your religion. You may not know much about that, and if this is the case, you should be prepared to explain why you do not know (some religions emphasize spiritualism and are less concerned about “book learning”, for example). But the officer can ask whatever she wants. Take care, Jason
Hello Jason,
I applied for asylum in 2015 and still waiting for interview. with this LIFO syestem I doubt that I will interview for next two years. I apparently have F1 status (though I registed all semesters and my I20 is active). I consulted with an immgartion lawyer and he told me since you have used your EAD based on asylum if your asylum application deny in the future, you have to leave the US without going through court system. in addition, he told me if your application deny, ICE will catch you. do you thnik his comment is right? how students can realize they are in status since in their I94 write DS?
thanks
That is not my experience. There was supposed to be a new policy, where if a student’s asylum case was denied, the student would be deemed out of status and referred to court. It is unclear whether this policy is being implemented. However, no one can be deported without due process of law, which means a hearing before an Immigration Judge and a chance to present your asylum claim. That is pretty basic, and if the lawyer does not know that, I am not sure he can be trusted on any other aspect of immigration law. Take care, Jason
Hi Jason,
Sent you several mails re: our appointment our phone consultation on Wednesday September 26, 2018 by 4pm yet to have a response. I also want to confirm if you have the money order I posted to you since last week Wednesday. Thanks.
Rachael
I replied to all email by now, so hopefully, you got it. Take care, Jason
Hi Jason. Thanks for your help as always.
Just wanted to know that new policy is in place now. Since I am on asylum n my child is a US citizen n he is getting SSI every month. Will that make problems for my application as I am a single mom here? As SSI is considered a public welfare.
There is no final rule on this yet, so I do not know. However, in the draft proposal, people with asylum were not affected by the new rule, and so they would not be blocked from a GC for using government benefits. Take care, Jason
Hello Jason, I really want to know how receiving a public assistance affect your pending i485 application? For example if a family member like parents use Medicaid how does it affect the asylum based pending GC.
Thank you Jason
We still do not have a current proposal, but it seems to be coming. Once we have it, I will try to write something about it. But as far as I know, asylum seekers and refugees will be exempt. Also, from what I understand, people who have a GC based on asylum or refugee status will also not be affected. But we need to see the most recent proposal to know better. Take care, Jason
Hi Jason,
Before I came to USA and applied for asylum, I was working for years in the Philippines. I flee my original country to the Philippines and I worked there and I got a temporary working visa. I am afraid that they might ask my why I didn’t get asylum in the Philippines, despite the poor condition that this country face and I never get an offer of permanent residency there. Please advice if I will face a problem because o stayed in the Philippines for years before I came to United States. Thank you.
My understanding is that question is usually not whether or not you were able to seek asylum in the third country, rather whether you were able to remain there permanently (not contingent upon employment) and away from harm.
You were only allowed to remain in the Philippines temporarily on an employment basis, without a path to permanent residency nor to citizenship. I would say that this explanation should suffice when you’re asked about your stay there.
But let’s wait to hear from the expert.
Asylum Seeker you have raised an interesting point. I came to the US years ago after living for few years in a third country. When I applied for asylum I was asked as to why I did not apply for asylum in the third country before moving to the US. In my case the third country I was living in was not a party to the 1951 Refugee Convention nor its Protocol and did not have an asylum system regulating the status and rights of refugees and political asylees. I think you should be prepared to provide a satisfactory answer should you are asked to provide reasons for not applying to asylum when you were living in the Philippines. As I understand the Philippines had ratified the 1951 Convention relating to the status of refugees and the 1967 Protocol. Good luck.
We have had clients who lived for years in a third country and they were still able to get asylum. But it depends on the country and the facts of the case. At a minimum, you would need to explain and provide evidence to show that you do not have permanent status in the Philippines. You would probably also want to explain why you did not try to get permanent status there. Take care, Jason
Dear all,
I submitted my application to renew my work on August 2nd. I did so because my actual card was going to expire on January 24, 2019. Surprisingly, I received a mail confirming my approval for my card application and, I also received my tracking number showing that I should receive my card no later than this coming Monday, September 24, 2018. I’m so shocked, that I have no word, I applied since nearly a month ago and boom it’s ready. Also, my current card is still good. But, I do realize that my next expiration date moved to September 2020.
One more thing, the upcoming card is available from Sept 17 to Sept 16 2020. Meaning, that it’s already activated.
It’s unreal, how many of you is under the same strange situation and how many of you is still waiting to receive their card after many months of renewal application?
Why the immigration worked so fast?
Same thing happened to me, presently I don’t know which one to use. Maybe Jason can help us. Hopefully decisions will come soon this way
How and why USCIS does anything is a mystery these days. Sometimes, I think it is best not to think too much about it, lest we go insane. Take care, Jason
[…] An Open Letter to the “Complicit” Asylum Officer (The Asylumist Blog, Sept. 2018) [text] […]
Dear Jason ,
It’s almost 15 mount’s that I’m waiting for asylum decision however several times I send email to asylum office they respond your application is in headquarters office for final decision can you tell me How expedited decision and it’s possible to reach headquarters office to ask about my application ? Also I want to apply for humanitarian parole for my wife she is vary sick . Can your office fill the form of I 131 ?
Many thanks .
I do not think there is much you can do to expedite a case at HQ. If you have evidence of your wife’s health, maybe you can submit it to the asylum office and ask for an expedited decision. Whether this will help, I do not know, but you can try. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). As for humanitarian parole, I do not think we would be the best office to do that, as we mostly do cases for people who are inside the US. Take care, Jason
Hi Jason,I want to apply for green card after 1 year of granted asylum,it requires a proof of on year of residence in the US.What documents can I send as a proof? and how much is the fees for the adult and minors? to whom should I write the cheque and do I need to do a finger print again?Thanks for your help.
The form is the I-485, available at http://www.uscis.gov. We normally do not send proof that the person has been here. If USCIS asks for it, you should have your passport, which shows evidence of travel. Also, work or school records, letters from people who know you, lease agreement, etc. You have to check the form instructions for the fees, and checks are to “Department of Homeland Security”. Or you can use a fee waiver, form I-912. I think most people get fingerprinted again, but I don’t remember for sure. Take care, Jason
Jason, do you know why asylum officers often won’t give you a decision until they get dispositions of minor traffic tickets and similar infractions that aren’t particularly serious crimes? I mean, if you’re still asylum-eligible even if you’re guilty of speeding or having a taillight out or whatever, why does it matter how the case is disposed of?
I see your point, but I think it is fair for them to need all evidence of any issue that might be disqualifying. For example, even for a traffic ticket, if you failed to pay the ticket or show up for court, it could result in a more serious charge. It could also impact their decision concerning good moral character. In any event, I do not know why they ask for such things, but they usually do. Take care, Jason
I was deported or removed from the U.S. and put in 10 years bar and then i illegally reenttered after 7 years because i married to a us citizen girl in south africa and we wanted to live together so i entered illegally because there was no ther option.Now what should i do for immigration process. Is any waiver available for me to get permanent resident card? Please help me in this.
I can generally only answer asylum questions here. I think you need to talk to a lawyer about the specifics of the case, as any path available to you will be difficult, and will depend on he specific facts of the situation. Take care, Jason
Hi Jason,
First I appreciate for all of your efforts for us.
I have a question, do you know during interview do they also ask questions to our dependent (specially children)? Do they ask questions to our spouse ? If yes, do they asked them in front of main applicants?
Thanks again
JON
Hey Jon,
They ask the dependent applicants the bar questions on the I-589. The officer said he understands that my child is too young to answer the questions, but that he has to attempt to ask her (standard procedure), and that he will have us answer on her behalf when it’s apparent that she cannot possibly answer the questions. She was barely a preschooler at the time, so that’s what ended up happening.
Also, it is up to the officer to ask your spouse additional questions outside the bar ones. My husband was asked one such question.
And, yes, the process happens in the presence of the principal applicant.
Thanks Sara.
They can, but they generally do not ask dependents about the case. They do usually ask each person the “bar” questions: Are you a criminal? Are you a terrorist? Etc. However, since they could potentially ask substantive questions, your spouse and children who are older, should be familiar with the case and prepared to answer questions, just in case. Take care, Jason
Thank you Jason.
Jason thanks for all you do on this blog, I successfully expedited my case and my interview is next month but I just realized that my lawyer didn’t submit my application with my personal statement.
Please can I take it with my on the interview day or what’s the best thing I can do?
Can this also affect the outcome of the interview as I’m so worried.
Thanks for all you do.
Different offices have different rules. My office (Virginia) wants everything at least one week before the interview. You can contact your local office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If they need it early, you can mail it in (make sure to include your Alien number, name, and interview date on the cover letter). If it is short, you may be able to email it to them. Your lawyer should help you with this. Take care, Jason
GRAT, I am planning to ask for expedite. Can you please share what reason you used for the expedite request? Which asylum office? Did you do it by yourself or with a lawyer? Did you mail your request or go in person to the asylum office & hand it to them?
I did a posting about expediting on March 30, 2017 – maybe that would help. Take care, Jason
Jason thank you very much for all that you are doing for us. The blog helps a lot.
Your blog posts are like a therapy for me. It helps me to recover from the “what if” stress I am suffering from waiting in the backlog limbo indefinitely.
It is therapy for me too, as I need a place to complain. Take care, Jason
Jason, I need to send you my family greeting. Yesterday they arrived to the USA and all the things happen to me is because of your blog. You are the best thing happened to me since I have entered the USA.
My wife gave the officers at the airport the foils the embassy gave her. So my questions are: which documents we expect to receive and how to change my address if I moved from the address I filled in the I-730 form.
I contact the USCIS and they refer me to the NVC. Then NVC refers me to the embassy. The kids are here, so who should I contact to change my address so they will send my wife SSN and work authorization?
I appreciate your reply
Thank you for letting me know – I am glad that they are here and that the blog helped. As for the address, each person should change his/her address online using form AR-11, available at http://www.uscis.gov. They should receive their work permits in the mail shortly, but now that they are here, they are actually eligible to work immediately, even before the work permits arrive. Congratulations, Jason
Hi Jason,
I just read you said his family can work without the work permit, how is that possible without a social security number too.
Pls tell me how it works.
I filled form 730 2 weeks ago no reply to acknowledge receipt I wish I could also expedite . How long does this process normally take
Thanks
You can check the I-730 processing times at http://www.uscis.gov. We find that most cases are complete in 1 or 1.5 years. As for working, if a person has won asylum, he is eligible to work, even with no work permit. Maybe contact the SS office with a copy of the asylum approval, and you should be able to get a card. Of course, the card is very helpful, and if you do not receive it, you should contact the asylum office to inquire about it. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Thank you so much for your reply. You are so devoted, making sure that each comment get a satisfactory reply from you.
After my approval, I applied for a ssn this time with no restrictions which was already mailed to me, though I also received another EAD.
But what if my family arrive, I guest they will have to apply for ssn before they can work right??. Reading at your comments above this is what you said.
<>
How does this happens without them applying for a ssn.
I apologize for my ignorance.
I think they should receive the EAD in the mail after they arrive (based on the I-730). I believe they also get an SSN at this time, but if not, they can contact the SS office and get their number. Take care, Jason
Ok, I see.
Thank you
Congratulations. I have also applied i730 form for family 3 months ago. So what to know process time. Plz tell your all time line.when you applied and after how much tome your family case approved bu uscis? Then how much time took in your home country usa embassy? What documents they saw during interview of your family in us embassy in your country? Thnx for info.
You can check the processing time for the I-730 at http://www.uscis.gov. The time at the embassies varies by country and by the case. In most of our cases, the person is able to complete the whole process in less than a year, though things seem to be getting slower these days. Take care, Jason
Hi Mo,
Congratulations!! yes Jason blog has been really helpful for all of us. Can you please share your timeline after you got approve from USCIS. My case was approved and they sent a notification letter saying they will transfer it to NVC. Can you share what happened after approval and how long it took time for your wife and kids to join? What type of documents they requested?
Thank
Hi, Mo.
How long did it take for the process to be complete. Did you file form i730 for them?
I did mine 2 weeks ago but haven’t received an acknowledgement.
Pls let me know how long it took if your family to came base on i730.
Thanks
Hi Jason,
Thanks for your great effort and time helping us.
My wife had her interview for asylum a few month ago and still we’re waiting to hear the decision. I’m on F1 visa and added to her case as a derivative.
We are looking for a backup plan in case things don’t go well! So I want to apply for Canada Express Entry program for me and my wife. It takes around a year to get nominated by the Canada pool and we will have one year to move to canada afrerwards to get the permanent Residency. In the meantime if we hear the decision we can easily cancel the express entry program.
I was wondering if applying for canada express entry would have any conflicts with my wife asylum decision result?
I truly appreciate your time.
Hi APRIL,
I am not Jason. I am a fellow asylee.
I would- and this is my personal opinion- advise anyone who is currently seeking asylum in the US to find alternatives given the current hostile treatment that is being meted out against asylum seekers, refugees and asylees.
I worry a lot, sometimes unnecessarily I must admit, and so I feel like, though I am an asylee, at any moment something is going to go wrong. As such, I feel like I am constantly living in fear or uncertainty. In addition, I feel like I am being re-traumatized because of the anti-immigrant and anti-refugee sentiments.
I don’t think applying for the Canadian Express Entry will have any impact on your asylum application in so far as just simply submitting your application in the “pool” goes. What will, however, certainly impact your asylum application in the US is if your application for the Express Entry is approved and you are invited by Canada to apply for permanent residency. If you Express Entry/PR application is approved, your application for asylum would be denied, and if you are an asylee, your asylum status would be terminated because you would have acquired a new nationality from a country that would be able to protect you.
Most importantly, I would suggest that you consult an attorney who specializes in US-Canadian immigration law for the best advise possible.
Jason will advise you further.
I do not think so, but I do not know for sure. The question is whether you are “firmly resettled” in Canada. If so, you are not eligible for asylum in the US. I think a mere application would not create this issue for you, but if you want to be extra sure, you can have a lawyer research the effect of your application. It might also depend on where the application is at the time of the decision. If you have permanent status in Canada by then, asylum should be denied. Take care, Jason
Hi Jason, I had interview Nov 2017 first two enquiries they mentioned pending for review when i did 3rd enquiry one month ago over phone officer told me
its in final process after waiting one month i recently did enquiry they said it’s in review and very soon you will have decision. Am frustrated and don’t have idea when they will send me decision in above mentioned scenario. Your response should be highly appreciated and I value your business.
My view is that the responses they give you to these inquiries do not always relate to reality. Maybe sometimes they do, but normally, they just give standard answers that don’t tell you much. Maybe if you inquire again, and you get a similar answer, you can ask for a supervisor since you were previously told that the case was in the final stage of processing. Take care, Jason
JASON,
Just wondering last two months back they said its in final stage after a while they said very soon you will get decision and this time under supervisor review what do you think,
I think you can’t read into what they tell you, as they seem to have many boilerplate responses that really don’t mean anything (except that the case is still pending). I would give them a couple months and if there is no decision, make another inquiry. Good luck, Jason
Jason,
I received ‘Notice of Evidence of Untimely Filing and Optional Waiver of Asylum Interview’.
I read, out of 50,000 only 1500 were sent this letter as a pilot program.
Letter says:
“You claimed that you last arrived in United States on 03/21/2000. You filed your application for asylum on 08/28/2014. You have not demonstrated by clear and convincing evidence that you filed within one year of your last arrival. Also you did not provide an explanation for not filling on time which was sufficient to establish an exception to the filing deadline requirement. Therefore,the evidence USCIS currently has supports a determination that your asylum application is prohibited.”
I was in F-1 status, I have 3 US degrees from this country. My mom (permanent resident), sister (permanent resident) and my brother (US citizen) all are here in US. They did not get their permanent residency from Asylum. We all were hoping to go back if the country condition changed but decided to stay since there is no hope. Plus, we were attacked back in the country for political connection : my father (deceased in USA) – jounalist/publisher/political leader many years ago owned a newspaper company, ran for office; my uncle held political position for 10 years, head of the police another uncle was assassinated, and I was physically attacked as a political activist, that is why we primarily left the country for our safety. My uncle was attacked in 2014 and he moved to different country. I even submitted my uncle’s hospital records and police record for evidence, my hospital record of being attacked, letter from political party office of my party affiliation, letter from Journalist association about my father being a well respected journalist, etc.
Questions:
1. Any reason we 1500 were targeted or was it just random out of 50,000?
2. Does this also mean my interview will arrive any time soon ? I filed in August of 2014 from Virginia and still waiting. I think Arlington Office is where I will be interview.
3. Will this ‘Notice of Evidence of Untimely Filing…’ letter that was sent to me have any affect on Driver License renewal and EAD renewal ? I am still waiting for USCIS approval for my Driver License. Normally, it takes 2 hours but this year it is taking too long. It has been 3 days and I am still waiting. Here, in Virginia we have to renew DL every year. This is my 4th year trying to renew DL and had no issues last 3 years. During DL renewal, local DMV sends immigration verification to Richmond Office for immigration verification.
I will highly appreciate your thoughts on this matter.
This blog has educated me a lot about Asylum process.
Thank you for taking time to answer some of our questions.
– Sunil
1 – As far as I know, this is random for cases that missed the one-year filing deadline. Also, I think by now they have sent more than 1500 letters. 2 – If you decline to waive the interview, you may get an interview soon. If you have not already done so, you obviously need to have evidence to overcome the one-year bar. 3 – I have never heard of such a problem, but I do not know for sure. Maybe check with the DMV. Good luck, Jason
Dear fellow readers of this great blog,
I wonder if we all can share our experience somewhere in this blog. Things like:
What are the things you wish you should have known or learned or done before filing an asylum?
Were there any unexpected things happened during the process?
Do you ever regret going through asylum process?
What did you do while waiting for a decision?
How do you find a job while waiting for a decision?
How do you deal with depression, insecurities and fears while going through the process?
How do you feel about suddenly becoming an asylum seeker – nobody, outcast, outsider, alien?
Did anybody meet and get married with a good person while going through asylum? Was it difficult to obtain a marriage based green card pending asylum case?
and so forth. You know you cannot really talk about all these things anywhere and with anyone. Your lawyer is a lawyer, he is not a therapist, he can only see things from the perspective of a lawyer and of course that’s his job.
Dear Jason,
Would you allow such experience sharing here by real asylum applicants? I believe that all the people who writing comments on your blog are real people with real feelings and real experience.
Thank you all.
Hi jason
I have a pending asylum since jan 2016 i was talking with a girl and we both kinda in love and im not sure with my current status how can i bring her or if there’s any way i can go and met her in Dubai-
And can i include her as my wife or fiance in my application now- in our country marriage certificate can be issued in our absent its more traditional and religious its common!
I need ur suggestions
Or what are the best way if i can sponsor her here
Thanks you reply will be highly appreciated
You may need to visit her to marry her – if you want to leave the US and return, you can apply for Advance Parole. I wrote about that on September 11, 2017. If you have a traditional marriage with her, that may work as well, but you might want to have an attorney double check that such a marriage is legitimate for purposes of US immigration law. If you are legally married at the time asylum is granted, you can then file a petition to bring her to the US (form I-730, available at http://www.uscis.gov). Before that, you have no legal mechanism to bring her here. She would have to apply for a visa like anyone else. Take care, Jason
Do u think travelling with advance parol is safe
And what are the requirements to apply for advance parole and how long will it take to receive advanc parole
Where can i travel with advance parol
I wrote about AP on September 11, 2017 – maybe that article would help. If you have AP, I think it is safe to travel. I have not heard about anyone having trouble re-entering the US. Take care, Jason
That is one point of the blog, and I think many people have shared their experiences here, and I wrote about some of these issues as well. Of course, people are welcome to post their experiences and questions (though I try to advise people not to post info that would identify them, since this is public). Thank you, Jason
Dear DESPAIRED
I like your suggestion. I trust anyone’s experience could help those in this boat and any prospective asylum seekers.I am going to answer a few questions here. Indeed, I blame myself to have not known anything about asylum before applying. Jason’s posts helped me expedite my case and made me understand the asylum system quite a bite.
During the cross of this process, 3 of my kids were hospitalized thought they were living in hiding. As a result one of kids died 3 months ago. Another child who was seriously sick was paroled to the US for surgery. Luckily she was paroled along with her mother and sister. Remaining kids are still back home in danger.
Sometimes, I blame myself to have gone through all this because I feel distraught when I am not able to bring my entire family to a safer place.
Jason was like a pastor to me during this process as he always advises asylum seekers to live as if they won asylum. So, I only hopelessly lived my life while awaiting decision. Luckily, an organization I volunteered for found me a job.
However, a part from the long wait, fear related to changes with the asylum system, worry over my kids’ well being, I decided to work as a corrections officer but got injured and broke my knee. Got surgery but I have to wait over 5 or 6 months to heal..
Oh gosh, kids unsafe, dad got his knee broken, asylum offices seem not to care much………..It is extremely painful. I know I got no hope on earth but God is my comfort. Trying hard and would like to advise you out there to hold tight. I have reached the highest lest of depression as I cannot work and laying down, leg up every day nor bring my entire family over.
Need your prayers
It is a terrible story, and many asylum seekers have such issues. Asylum should be a balm to these wounds, but instead, people are being re-traumatized. We can hope that someday we will live under a more compassionate and humane regime, and even if not all cases are approved, all people should be treated with respect and humanity. Take care, Jason
Dear Mr Strong,
I am heartbroken to read what happened to you and your family and the loss of your child. Losing a child specially in that circumstances must be the most terrible thing that can happen to a parent. I cannot imagine your sorrow and pain. I can only say that you cannot ever lose your hope and faith in God. My prayers are with you and your family.
The most important thing I learned is that the more difficulties you face the more you got to remain stronger and more levelheaded. With that you can overcome anything.
I think Jason wrote somewhere in this blog – something like – you got to do your best to lead normal life.
God be with you and help you to stay strong both emotionally and physically.
I’m so sorry for your loss. My sincerest condolences.
You’re doing the best you can for your family, and it might help to try to remember that at times when it doesn’t feel like it’s enough or that it’s working.
Peace and light.
Thank you very much Sara
Hi,
I wouldn’t say there’s some additional asylum information that I wish for had known prior to filing my application, but I do wish I had filed a barebones version of my case rather than delaying filing for a few months while my lawyer and I put together a complete application. I could have caught the first LIFO wave, and possibly shaved a good 3 years off of this already long process.
Oh, and one more thing: I would have made sure my family had their visitor visas before I filed because, apparently, they can’t get them now.
Unexpected things: This very hostile, anti immigration environment was unexpected.
Regrets: I regret nothing!
Favorite pastime while waiting for the decision: This blog + eating happy carbs.
Fears & anxiety: See above.
Feeling like an outcast: I’m like an undercover asylee, basically. Everyone assumes I grew up here, and I find no reason to discuss my business with folks who have no business knowing my business.
HTH
That I wish I had known*
If you work in immigration law, you tend to eat a lot of happy carbs. For this reason, you can identify immigration lawyers by our rotund-ness (if that is a word). Take care, Jason
Pizza = life
Thanks so much, Sara, for sharing your experience here.
I’m so very grateful to the US Government for providing this opportunity to people who cannot turn to anybody or anywhere. I know, like every system, it’s got its flaws and deadends. But I just wish that asylum seekers were not subject to this 3/10 Bars.
I’ve got a wonderful lawyer and I recently made my filing. My worst fear is ending up out of status and no work permit, and stuck for years. How am I going to feed myself and my family in that situation? Plus I can’t return to my country and even if I did, I would be barred for 3 or 10 years from returning to the US.
Glad to see the addition you made to your name. It helps to try to remain in good spirits throughout this journey. And on that note, I will advise you not to ponder the worst case scenarios so much. It’s easier said than done, I know, but you need to have faith in your case and that you’re going to win. Others may not agree with this, but the “in it to win it” attitude helped me.
Good luck.
Thanks Sara. I find this blog very helpful also.
http://designingyour.life/articles/
I just started the book.
Dear Jason,
First of all, I like many other people deeply appreciate your blog and sharing your experience and knowledge so generously.
May I have your views on the worst possible consequence and scenario that could happen to asylum seekers after getting denial from immigration court when the asylum applicant has no valid visa or status? Will the applicant be subject to 3/10 year bar? I understand that you cannot apply for a student visa or for extension of, say, B visa after you file for asylum. Is this correct?
Thank you so much.
If you are in court, it means you are out of status. With very limited exceptions (marriage to a US citizen is probably the most common exception), this means to get any other status, you would need to leave the US and get a new visa overseas. People in court could be subject to the 3/10 year bar (I wrote about that on August 28, 2018). They could also be subject to a bar if they were ordered deported (I think it is 10 years). They may be subject to other bars as well, depending on the case. In short, if you are denied in court, and you do not appeal, you can be deported. Once you leave, it is very difficult to come back. On the other hand, if you lose, you can appeal to the BIA. If that fails, you can file a petition for review in federal court. Depending on the case, there may be different options, so it is difficult to say what the worst case – or the best case – would be. Take care, Jason
Hello Jason,
Thanks for the wonderful effort and great assistance you’re doing. I’ve a question and will be grateful if you can kindly help or anyone with experience here.
I applied for asylum in December 2017 and got interviewed in March 2018, after the interview I was given a note that the decision be mailed to me but I haven’t heard updates about the decision yet.
After the 150 days waiting period I applied for the EAD and got issued with category A05 and as well with an Unrestricted SS Card. I am still yet to receive any decision after my interview. Is this waiting normal ? Do they usually make such kind of oversight of issuing category A05 instead of C08?
MABALLY, first of all, I would suggest that you contact USCIS to verify if you were in fact granted asylum. I suspect that they wouldn’t give you that information over the phone, or via email, as it appears as though you have not been given written notice of your asylum grant. Perhaps you can make an “info pass” appointment so you can speak to a supervisor at the asylum office where you were interviewed.
Secondly, it seems like USCIS has been making a lot of errors as of lately. This could very well be a mistake on USCIS’ part. Though it could possibly be a mistake, I think you might have been granted asylum and the information wasn’t communicated to you. If it was in fact communicated to you, it might have been misplaced/lost by the US Postal Services.
An “unrestricted” social security card can only be given to an asylum applicant if he/she can show that he/she was granted asylum- or some other immigration benefit. Once you are granted asylum, your status changes from C8 (pending I-589 application) to A5 (asylum granted).
It’s good that you got your interview not too long after filing. I was wondering if there is any restriction on the type of job you can do with EAD obtained based on a pending asylum case. Are there any specific notes on such EADs? Would potential employers know how you got EAD and based on asylum?
Thanks.
If you have an EAD based on a pending asylum case, you can work any place that will hire you. Take care, Jason
Hi Jason,
Some employers do not offer us jobs simply because we have EAD based on a pending asylum. That is my personal experience
I know this is the case. I am not sure whether it might be illegal. Maybe I will try to write something on that point one day. Take care, Jason
Hi, Mabally. Congratulations on having interview, hope you’ll receive your approval soon. If you don’t mind sharing, which office did you apply? Thank you
I did the interview at Portland office
As you know, a05 is for a granted case. I think you should contact the asylum office (or go in person) to ask about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). This seems to happen sometimes, but it is not always a sign that the case is granted – it could just be an error. Or maybe it indicates good news. Either way, you need the actual decision from the asylum office, so I would ask them. Good luck, Jason
Me & my wife applied separatey. She applied a year after mine. We didn’t have the other as a dependent. I am in Virginia & She is planning to move to Seattle for class. Can we have separate interviews(if we ever get the chance) ? How does it work?
You would have separate interviews. If you are not dependents on each other’s cases, then if you (or she) wins, you would have to file a form I-730 for her to get asylum (and vice versa). If you lose and go to court, she will not be part of the court case. Take care, Jason
Hi Jason,
After waiting for almost 4 years I finally got my interview with asylum office yesterday. It went ok- I don’t know, i feel like I told him everything and what had happened to me. It went for almost 1.5 hours, the officer seemed pretty nice. He asked me every detail and I told him that i still fear to go back to my country. He kept asking about my TPS. Do tou think it would put a negative affect because I had TPS? I did not renew it this year thoufh.he said that My decision will mailed but I dont know what will happen. The officer said have a good day to me is that a positive sigh? I cant think staraight right now
Hi,
when did you apply for asylum? which office? and did you expdite your case or put in short list?
thank you
Hi,
I requested to be placed on shorlist almost 2 months ago.
Hi, Asylee. I hope you hear good news very soon. Which office did you apply?Did you expedite your case? Thank you
I do not think you can read any of these signs as a good or bad thing. It sounds like the interview went well, and so that is good. Whether a person has TPS would not normally affect the result of an asylum case, so I would not worry about that. Good luck, Jason
Hello jason.
I applied for my asylum in January 2018,had my interview in August and recently got A Recommended Approval last week Sept 2018 from San Francisco office.
my question is,what are the odds of a recommended approval turning into a denial? and also how long do u think u will have to wait for my final approval.
My EAD card was supposedly delivered to me in August but I never received it,when I tracked it it said that USCIS had sent it already so i contacted my local postoffice.uptil now it hasn’t been found so I’m sure the post office lost it ..i am not sure what to do to get a new one without having to pay the 410 fees,and how long will I have to wait to get a new EAD card.
thank you.
Hello June,
First of all, I am not Jason. I am a regular participant of the blog and a fellow asylee.
Congrats on your RA!
USCIS usually issues an RA when they have made a preliminary determination on your application for asylum. In other words, the officer wants to grant you asylum but he/she hasn’t yet received that mandatory investigation of your identity and background check (more popularly called “background check”).
Bear in mind that if USCIS receives any derogatory information on your identity/background, they may deny your application for asylum or refer your application to immigration court. This decision also affects any dependents that you put on your I-589 application.
I would want to imagine that a change of RA to denial/grant of asylum is usually dependent on the result(s) of your background check. Thus, no body on this forum would be able to tell you exactly what the odds are of a change of RA to denial. Quite frankly, you would have a better chance of calculating those odds since you know your background more than any of us. Generally speaking, however, if you record is clean, you shouldn’t worry about a denial after your RA.
How long it will take for you to receive an eventual grant will depend on your country of origin, how you came to the U.S., how many IDs you presented to USCIS, your gender, whether you were involved in any group that USCIS may remotely consider terrorist groups, etc.. Generally, most people receive their final grant in 2 to 8 months.
For the EAD, if the document was lost by the U.S. Postal Services, and USCIS has determined that they sent you the document, you will, unfortunately, have to re-apply for the EAD. You have the option to wait and see if USPS will eventually find the EAD. This latter option may take a while but may make more economic sense for you.
Hi Jamie,
I s there chance you can give me your email address? I would like to ask you some questio s.
Regards,
Tina.
Is there a chance*
In my experience, it is very rare for a recommended approval to be rescinded. I think I have seen it once out of many cases. The timing is less clear. Usually, people have a final approval within a few months, but sometimes, it takes a lot longer. As for the EAD, contact USCIS about this. There seems to be some problem with EAD cards based on asylum. You can find their phone number at http://www.uscis.gov. You can also make an Info Pass appointment to try to go in person to talk to USCIS. A link to Info Pass is at right. Take care, Jason
hi
Hello Jason, I am regular reader of your blogs and they are absolutely insightful and informative.
I have question regarding J-1 waiver. Actually, I have a two year home residency requirement but I applied for asylum in May 2015 but I haven’t got an interview yet, I wanna get marry and adjust my status. I want to get waiver on my own based on prosecution as I can’t afford an attorney for this purpose. Can I use same documents like personal statement, country conditions etc which were prepared by my pro bno attorney for asylum purpuse? I tried to reach out to my him but he is very busy now days. So do you think it will be fine to use those documents after some changes in my J-1 waiver application. Thank you!
The legal standard for a J-1 waiver is different from the legal standard for asylum, but in many cases, there is a lot of overlap. So if the evidence from the asylum case applies to the waiver application, you should be able to use it. But make sure to learn as much as you can about what is needed for the waiver, so that you can include everything, even evidence that may not have been included with the asylum case. Take care, Jason
Hi Dear Respected Jason:
Thanks for your tireless help for us, I personally appreciate it.
Dear Sir, I applied for asylum in mid August, 2018, and did my biometric on 05 Sep, 2018. I haven’t heard anything back from them since I see applicants in the blog recieve their interview dates pretty quick after the interview, even at the same day with thier biometric dates.
What is you opinion, did my case go to the backlog or still it is soon to say this. Because it is only 12 days that I did my biometric.
Regards,
Sorry, I was meant, they recieved their interview date pretty quick after the biometric.
It’s hard to say. If you don’t have your interview notice within two months of the initial filing, I think it would be safe to say that your case is in the backlog, but at this point, it’s still too soon to know. Take care, Jason
Hi, Jason. I hope you’re doing well. Can your please share with us (if you have time) your thoughts on asylum processing times? I know it’s impossible right now to predict anything, but maybe as a professional you can see more in this statistical data.
P.S. It seems that USCIS removed processing dates June-July-August from website, any thoughts why it could happen? Thank you.
The most recent data I have seen is from June 2018. I think nothing later than that is available. My main takeaway from the data I have seen is that most asylum offices are still receiving more cases than they can interview. This means that until something changes, only new cases (and maybe expedited cases) will be interviewed. No backlog cases will be interviewed. I did notice that the backlog has basically held steady for the last few months (maybe April to June), and so if it starts to go down, maybe we will start to see progress on old cases. We shall see. Take care, Jason
BOSTON OFFICE STATS AS OF MARCH 2018: Cases completed 275, Pending case 16,000. Even if no new cases is filled there they still need about 5 years to finish the backlog with current pace.
Parsing their statistics is always a bit tricky, but the main point is, I think, that people are still able to win asylum, and that the backlog will not be going away anytime soon. Take care, Jason
Hi draj, would you mind sharing from where did you get these numbers? ..i had my interview 13 monthes ago in Boston office.
There you go:
https://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/PED_AsylumOfficeWorkloadMarch2018.pdf
HI DRAKE,
Would you mind sharing from where did you get these numbers? 16000 seema to be inrealistic number.
I had my interview auhust 2017 in Boston, still waiting for decision
Did they send you RA? are you from banned country?
Also only 20 cases were approved out of 187 interviewed in March at Boston office.
Hi Jason,
May I email you? I believe the session June 2018 memo against DV/GV has been extended to fgm.
I received a referral to court citing that the persecution I faced (that ultimately led to the death of my children, and left me for dead in a pool of blood and scarred me psychologically) was not carried out by state actors hence I am not eligible as a refugee. (Apparently tribal leaders who my govt are unable to control because they do not get involved in cultural disputes)
I am not just sad about being referred to court but after everything I’ve been through, I faced the threat of my only living child about to be taken from me to face the life i barely escaped from with the child and my life to seek protection here. How heartless could this be?
The saddest part is that I received medical treatment here in the US and the hospital submitted detailed medical records how they battled to save my life highlighting my extreme blood loss and near death experience buy the officer could adjuctate that my persecutors were non state actors hence I do am not eligible for asylum?
I could only deduce one thing, my case was viewed as a domestic violence/gang violence case even though it was fgm related due to… AG sessions June 2018 memo
So sorry about this but let’s be sure of victory in court.
Please can you share your timeline and which country are you from?
Thanks
I’m from sub-saharan Africa where fgm is nationally endemic and married into another country culture where fgm is mandatory.
Applied in July
Biometrics in mid August
Interview last week in August
Got decision first week of sept.
Legally, this is not correct. Matter of AB, the case you are referring to, limits asylum for victims of non-state actors, but it certainly does not end it. The officer may have misinterpreted the law (which is unfortunately somewhat common), or there may have been other issues in the case, but Matter of AB alone would not cause a case to be denied simply because the persecutors were non-state actors. If you would like to email me, my email is jdzubow@dzubowlaw.com, but please note that I have very limited ability to respond to email for the next few days, but I will respond when I can. Take care, Jason
Thanks Jason for your response. It gave me a form of comfort.
The only piece of information in the referral notice under past persecution was “Your persecution was not carried out by your government.”
After sleeping over it, I believe it will all get better with time. Asylum is a privilege and we should be grateful for the opportunity to have a safe place to run to
If there was nothing else in the case that barred the applicant from receiving asylum at the asylum office, then the officer erred in his/her judgment. Demonstrating that your persecution is by the hands of your government was never a legal hurdle to gaining asylum status.
While the applicant has to demonstrate that the government is unwilling or unable to control the persecutors, the applicant doesn’t need to show that the perpetrators are the government. In fact, circuit court cases have expressly said that the applicant doesn’t need to show that the persecutor is the government.
This is a gross misapplication/ “misinterpretation” of asylum laws- both international and local laws.
He stated under past persecution that the persecution was not carried out by state actors.
He then future persecution that I failed to show the government was unwilling and unable to protect me from future harm even though the police report we managed to get stated that my case was a cultural/traditional family issue which they are UNABLE to conclude.
My lawyer also added recent country reports with other people experiences regarding the matter with no respite in sight. I think it was ignored because of matters of a-b. I saw in this article that police reports are now ignored.
https://www.nolo.com/legal-updates/asylum-protection-for-victims-of-domestic-violence-and-other-persecution-in-jeopardy.html
“Also, because Session asked for amicus (friend of the court) briefs regarding whether victims “of private criminal activity” could form a particular social group, other victims of gender-based persecution, such as female genital mutilation and sex trafficking, are in danger of losing asylum protections in the United States. (These forms of persecution are often carried out by private, non-government, actors.)”
I’ve been trying to be strong but now, I feel helpless. Yesterday while driving I parked by the roadside and broke down out of despair. A passerby had to knock on my window to be sure I was alright. I have only 1 child left and I am afraid for her future. If I go back home and submit myself to my fate, what becomes of my child?
Thanks for giving me a listening ear to bare my heart
I particularly like your user name.
After I read your story, I felt extremely hopeless. I have been waiting for years, and fgm is part of my story.
You really cannot afford to give up the fight just yet. It’s not over yet. Be positive and trust in the Lord. You may get a compassionate judge who will find a reason to grant your case. Judging by your user name, I feel free to share psalm 46:10, and Jeremiah 29:11. Be sure to share the good news in the future. All the best.
Thanks Tina.
Thanks for your encouragement. It lifted my spirits this evening.
I’m holding on to the verses you sent. God bless you for your compassion.
If you have not done so, I recommend you read the interview with the anonymous asylum officer (a link is in the above article). That officer indicates that the door is not fully closed on cases where persecution is committed by a non-state actor. Also, we have had such cases granted since Matter of AB, so I know it is still possible to win. Take care, Jason
Dear Jason, Hope you are doing great.
I was granted Asylum last year in San francisco Asylum office. I applied for Refugee Asylee travel document in April which got approved in September. To my surprise i recieved Advance Parole instead of Refugee Asylee travel document? I correctly filed the form I-131 and i never requested for AP. Is it a USCIS error? How can i fix it? I called the customer services centre and they did create a service request, and the officer didnt who responded to my SR didnt specified if it was in error or not, but he sent me an automated message like if i think it was issued in error send it back to the Service Centre? As an asylee who was granted Asylum last year, should i travel with AP or re-correct my document to Refugee Asylee travel document. I need your advice badly Jason. Thank you
The form I-131 is for both the RTD and AP, so it is easy to make a mistake by completing the wrong part of the form. Maybe it is also easy for USCIS to make a mistake as well. I have not seen that before, and I am not sure whether it is fixable. I would be concerned about traveling using AP, as that is not really for someone with asylum. You might try making an Info Pass appointment and going in person to ask about this (a link to Info Pass is at right). Maybe that would help. Or you could hire a lawyer to assist. It may be easier to simply re-apply for the RTD and make it very clear on the cover letter that you are applying for AP. Good luck, Jason
Thank you Jason,
You may never know the difference your words make to depressed people.
God bless you.
Hi dear Jason – I would need to apply I-485 for my family based on asylum status Present in US for one year, do I need to apply I-864W and can I select the category for Asylee on page 2 part 2 Question 1.C.?
I am trying to complete the application without attorney, would it be a problem if I submit application on my own? Kindly advise.
Hello Bhatti
Based on my personal experience I would strongly urge that you should seek the help of a competent attorney when submitting your I 485 application.
Hi Jason,
Are asylum cases guaranteed or safe for women with genital multitation in the 9 cercit courts ?
Thanks
There is no guarantee for any case. FGM cases have generated some resistance, at least at my local asylum office. In general, such cases are strong cases, but it probably depends on the case and the decision-maker. I do not particularly know about the 9th circuit and FGM cases. Take care, Jason
You can submit the application on your own. You just have to be careful, as these days, small mistakes can result in a denial. As for the questions, I cannot answer questions specific to forms. I can tell you that a person with asylum who files for a green card based on the asylum status does not need an Affidavit of Support. Also, if the fee is too much, check form I-912, available at http://www.uscis.gov, for the fee waiver. Take care, Jason
Dear Bhatti, Spend few bucks don’t mess up with case.😊
I want to share my timeline with you all and I also have a question for Jason.
Applied 11/20/17
Biometrics 12/22/17
Got my EAD 06/11/18
Interview scheduled for 10/10/18
Jason is it advisable I go with my lawyer for the interview or it makes no difference if I go alone or go with the lawyer?
I hope and believe I’ll share the good news pretty soon by the grace of God.
Hi, Kate. Good luck with the interview.Which office did you apply? Did you expedite? Thank you
Thanks.
Newark office
I didn’t expedite.
Hi, Kate. Thank you for your reply. I’ve applied to the same office in October, so your comment gave me hope that I will be interviewed soon too.
Good luck, I hope you will be approved. Could you please afterwards share with us how interview went.
Thank you.
Hi Kate how long did it take you to get your EAD after you submitted it.Goodluck tho
If you can afford to go with a lawyer, that is better. The lawyer’s role at the interview is small. However, it is safer not to go alone to an interview in case the officer is not good. Most officers are good, but you never know. Also, it is very important to prepare/practice for the interview, and your lawyer should help with that. Good luck, Jason
I lost my passport. I plan to apply for asylum, but I am afraid that my application won’t be accepted. I heard that USCIS requires copies of all pages of passport. I only have a copy of first and US visa pages. May I still apply for asylum? Thank you Jason!
You can still apply for asylum. Some people who have no passport file for asylum, so this is not a major issue. However, you should be prepared to explain what happened to your passport. Take care, Jason
Hi jason thank you for your continuous support towards asylum seekers I filled my case in oct 2015 by myself and my interview was in august 20 2018 in newyork asylum office and i got approved by asylum office in sep 4 2018 and approval date is august 28 2018 . I am very thankful to you and your guidance.
Hi, Dev,
Congratulations for receiving approval. Could you share with us if you had expedited your case? I haven’t heard anyone from 2015-2017 NYC office to be interviewed without expediting their case.
Thank you.
Thank you and no I didn’t expedited i was actually scheduled for july 26 2018 but they didn’t take interivew that day and send a letter for August 20 2018.
Hey Dev,
Congratulations! Thank you for sharing your timeline. Are you from a banned country? I have been waiting for decision for almost a year 🙁
Hi Dev! Could you tell when did they schedule your interview for July 26? After January (after new rules)?
I applied in Dec 2015 and still waiting.
Thank you for letting us know. Congratulations, and Welcome to the USA, Jason
Hello Jason,
Thank you very much for taking your time to answer these comments. I really appreciate it. Anyway, I was granted asylum recently and I have gotten my new EAD Card based on asylum. At the same time, I did apply for OPT and my OPT EAD card has also been approved. So in short, I have two EAD Cards now. What should I do? Should I call the USCIS office to cancel the OPT Card. FYI, I have asked the school also to terminate my F-1 status.
I don’t know that you need to do anything. With asylum, you can work and attend school (sometimes with in-state) tuition, so there is no need for the OPT. Also, I think you lose your F-1 status anyway, since asylum is a superior status. As for the OPT EAD card, I do not know that you need to do anything about that. Maybe call USCIS to ask, but I think you can set it aside, as you do not need it. Take care, Jason
Hi Jason,
I want to appreciate all your helpful and encouragement posts here.
Please do you know when likely my interview could come up,I applied for asylum in May 2016 in Newark,NJ and still waiting for an interview.
Though I have moved to Texas but yet to change my address, I am a bit nervous so my application wouldn’t miss it’s position in the line.
Please advice.
Emmanuel
one can tell you when the interview will be. However, unless you can expedite the interview (I wrote about that on March 30, 2017), you will probably not get an interview anytime soon. If you move, you have to change your address using form AR-11, available at http://www.uscis.govhttp://www.uscis.gov. To the extent that there is still a line, I think you will not lose your place in the queue. At least that was the policy before LIFO, when there actually was a line. Take care, Jason
Hello Jason I filed my EAD and it’s already on its ya, when can I apply for social security number? I have one in 2016 I don’t known knowing it’s ok to use, but can I go and apply for a SSC or I have to wait till I get my EAD?
Normally people wait until they have the EAD, and then they apply for the SS card. However, the new I-765 (EAD application) lets you order the SS card when you apply for the EAD. If you did that, you should receive the SS card automatically. Take care, Jason
Hi Jason … My Asylum case Was Recently Referred To Immigration Court . I need some information i.e
1 . My Girl has her own Pending Asylum she don’t have interview Yet and If we both Marry each other now what will be the impact on Our cases … she have her own asylum & i have mine but my case is In court now .
2 . If we get marry and my case will be Denied at court . Her pending asylum will help me in any case ???
3. Or if marry each other do we need to add each other spouse on Asylum ??
4. If we marry each other can my court Proceedings will Stop as she have her asylum pending as well ??
5. If i will get my asylum approve in court than will she also get asylum or she has to wait till her interview ??
1 – If you are legally married and one person wins the case, he/she can file an I-730 so that the other person can also get asylum. 2 – Her case will only help if you win. She may want to try to expedite her case so that if she wins, you can get asylum based on her (if you are legally married). I wrote about expediting on March 30, 2017. 3 – You need to list each other on the I-589 form and submit a marriage certificate. Given that you are in court, I think you cannot become dependents on each other’s case, but that only menus that you or she would need to file a form I-730 for the spouse if you/she wins. If you were dependents, you would get asylum without filing the form. It is no big deal, though. 4 – A marriage would probably not stop the court proceedings, but you could ask the judge to do that. I highly doubt it would work. If she wins asylum while you are married, that should stop the court proceedings. 5 – She can get it too, as long as you are legally married, but you would need to file the I-730 for her. Take care, Jason
Hey Jason, my case for form I765 updated to new card being produced, does that mean my EAD has been approved? And how long does it take to come?
I guess it is approved. Hopefully, it arrives within a few weeks. Take care, Jason
Hello jason,
I had my interview in Boston asylum office augsut 2017, i inquired about my case at the 6 month remark aftrr the interview by email they mailed me 3 days later that my csse is pending for background check, i inquired again at the remark of a year after interview without any response from them ,i called again two weeks ago just to verify if they had received my inquiry email they couldnt find it, i sent again while i was on the phone with then and they confirmed the receipt of the email, but no response called again yesterday the operator asked me about my name then she put me on hold for 5 minutes then she came back to tell me that all what she can say that i will receive it by mail, it seems really atrabge to me the delay in the the answer for the inquiry, are they about to issue the decision so they are holding the inquiry answet till they issue it ?
It is common to see delays after the interview; sometimes, those delays can be very long. I wrote something about this on October 20, 2015. You can also try an inquiry with the USCIS Ombudsman – a link is at right. If that does not help, talk to a lawyer about a mandamus lawsuit. Take care, Jason
Hey Jason,
Why do I keep reading that the applications from lawful asylum applicants are sent to the headquarters for more review? Is it worse if you are lawful than unlawful. It looks like a negative thing. Also, the fact that lawful applicants dont pick up the decision after 2 weeks mean their decision will take longer than that?
Thanks again for your help
It has not been my experience that applicants in lawful status receive faster or slower treatment than those out of status. Also, I do not see that they are going to headquarters more or less frequently than people who are out of status. I wrote about the types of cases that go to headquarters on October 20, 2015. Take care, Jason
Hi Jason,
Thank you for kind responses to our questions. Do you know how long advance parole currently takes? I applied on March 12 and still have not heard anything from them. I tried case inquiry but got standard “Your case is currently under review by an officer” and that I should receive response in 60 days. Is it normal that AP application is pending more than 6 months?
My impression is that AP is a mess and it is getting worse. I do not remember how long our last application took, but I would guess it was about 6 months or more. You can check the processing times (for what that’s worth) at http://www.uscis.gov. Also, if it is going slow and you made an inquiry with USCIS, you might also try the USCIS Ombudsman – a link is at right. They can sometimes help with delayed cases, but that are not so fast either. Take care, Jason
Hi, Jason,
Could you please share you thoughts on USCIS asylum cases processing time? Per statistics published on their website, it seems that they are interviewing around same amount of cases they are receiving each month. I am very interested in NYC cases, I have applied in September 2017 and I thought maybe with the new policy my case will be interviewed later this year, but now I think it will never happen((
Thank you.
The last few months where we have data basically shows that the backlog has stopped growing overall. So maybe the asylum offices will be able to start making progress on the backlog. If so, the question is whether they are moving through their cases backwards or forwards. They announced that they would move backwards through backlogged cases. If that is correct, you should be near the front of the line. It is not clear to me whether all offices will interview cases in that order. Some might do older cases first. Maybe this is a long way of saying, I don’t know, but you can see the statistics for yourself if you Google “asylum division quarterly stakeholder meeting”. Since each office is different, you can take a look at the data for NY. My opinion is that these numbers are not particularly helpful in predicting future progress of the backlog, but it is the only data we have, and maybe it gives us some idea about what is going on. Take care, Jason
As per March 2018 report, 1848 total approvals out of 5567 interviews conducted. That makes a pass percentage of around 33%. Looks very positive outlook in the current political scenario.
HELLO Jason how are you. I wish you a good day.
I applied my daughter’s i-765 for her work permit. We received a letter of request for evidence. uscis asks us to send a piece of identification. we have applied his passport in our embassy, and it is not yet finished. but we have the passport receipt of the embassy which contains his picture, his year of birth and all this information. Can I ship this passport receipt as proof of identification? I thank you, and I would be very happy to receive your point of view. thanks again
I am not sure they will accept that. If you can get the passport that would probably be better. If not, you will have to use what you have, but maybe you want to send them an explanation about why you cannot get the passport. Take care, Jason
Hi Jason,
My I -730 was approved today. Please can you tell me what’s the next process? and how long approximately take time to come to USA.I am from an Asian country.
Thanks.
Hi Cathy Congrats !!!!!
Could please let us know when did u apply and which Center.I applied in April 2018 for my family back home and haven’t heard anything yet.Through you input I will relate mine. Thanks if you can share……..
Thanks Jason for your reply. .
Sarah, my case took 9 months 20 days to get the approval from Nebraska centre.
thank you Cathy Best of Luck and keep us updated!!!
The case should be forwarded to the Embassy and you should receive a notice about that, and then you and your family members will need to follow the instructions. Time frames are not predictable, but most cases I have done take 3 to 4 months at the embassy. Some are faster and some are slower, so you never know. Take care, Jason
Hi Jason,
I received I-730 approval. Its says they forwarded it to Department of state National Visa Centre. I thought its going to transfer to embassy. we do have an embassy in my country. Can you please please give me some idea about how this will going process and what must I do? how do I prepare for it? how long is going to take it from here? do the NVC has a backlog?
Thanks.
All cases go to the NVC and then to the embassy. You or your family member should receive an email from them about the next step. Usually, the embassy process is not that long, but it depends on the embassy and the case. The State Department has a website that discusses consular processing: https://travel.state.gov/content/travel/en/us-visas/immigrate/follow-to-join-refugees-and-asylees.html. Take care, Jason
Hello. I have a question. I was interviewed October 2017 and still waiting for the decision. I was told that the result will be mailed. According to stakeholder meeting on August 2018, all applicants must pick up their decisions two weeks after their interview and results no longer will be mailed to them and all headquarters must check offices to see if they follow the new procedure. I send an email to the office I was interviewed in ( Los Angeles) and still got the same answer that the decision is pending and it will be mailed to me. So my question is that is it true that results no longer mailed and why Los Angeles asylum office doesn’t follow it. Thank you
Generally applicants who are currently in lawful status, need additional headquarter review and circuit ride locations will have the decisions mailed. That is and has always been the practice and the fact that you will go and pick up the decision won’t expedite the decision.
I think you misinterpreted the message at the stakeholder meeting. Please find below for the official response:
“All asylum offices require applicants to pick up their decisions as the default method for serving decisions, and all offices have exceptions to this pick-up requirement. The requirements for circuit ride locations may vary. We are unable to provide such a report at this time as these reports are still under final review.”
Why? Why would applicants in lawful status need additional headquarter review?
Lots of reasons – I wrote about some on October 20, 2015. Take care, Jason
I have never heard of that (but I did not read the notes from the August 2018 meeting). Decisions are often mailed – we received some in the last few weeks, so I do not know about this policy. Or maybe only applies to certain applicants (like LIFO cases?). Take care, Jason
Mahsa, I had my interview same time as yours, with no status. Mibe is awaiting the back ground check. I think this is going to be usual for applicants from banned countries.
Please update me when you get your decision.
Be patient and good luck!
mine* is still awaiting for background check.
No more decision pick up,
It been like this for a while,
I had to wait 22 months for the decision after the interview in LA office,
are you from the banned countries or Europe?
Have you got your approval afyer 22 month? Was it waiting for security check?
I an from a banned country.