The massacre at the Tree of Life Synagogue in Pittsburgh hits home for me, as a Jew and as an immigration lawyer. The murderer shouted anti-Semitic slurs as he gunned down innocent parishioners. His on-line rants point to his motivation: Hatred of HIAS (the Hebrew Immigrant Aid Society, a Jewish resettlement agency) and “invaders,” i.e., refugees seeking protection in the United States.
The synagogue attack did not happen in a vacuum. According to the Anti-Defamation League, incidents of anti-Semitism increased 57% between 2016 and 2017. We’ve also seen a rise in hate crimes against immigrants (and people perceived to be immigrants), and there is good reason to believe that anti-Semitism and anti-immigrant sentiment go hand in hand.
What to do about all this?
On the macro level, we as a nation need to do better. We need to be more civil and more truthful. We need to listen more, and we need to think critically and be less wiling to accept the version of “reality” that comports with our own narrow prejudices. These are important policies points, but they are not really what I want to talk about in the wake of the massacre in Pittsburgh.
I want to talk about defiance.
The murders in Pittsburgh were motivated by hatred of Jews and hatred of immigrants. This was an act of terror, designed to intimidate us. It was the violent manifestation of the same hate that has, of late, become prominent in our country. Politicians–most notably our President, but many others as well–have fanned the flames of this hatred for political gain. The animosity has largely been directed at Muslims, Mexicans, and immigrants, but many “outsiders,” including Jews, have also been targeted.
The reaction I have observed from my friends in the Jewish community has been unified and powerful: We are not intimidated by the haters and we are not afraid. We will not compromise or cower. We will continue to attend synagogue and engage in all the social, charitable, and religious activities that have been the hallmark of our vibrant community. We have survived persecution by Romans, Crusaders, Inquisitions, programs, Nazis, and terrorists. We are still here and we will carry on.
I saw this determination last week at a vigil at my synagogue. Over 3,000 people came to honor and remember those murdered and injured in Pittsburgh. The mayor of Washington, DC spoke, so did the governors of our neighboring states, Maryland and Virginia. Leaders of the local and national Jewish community were there, as was the Israeli Ambassador. Also present were clergy and lay leaders from many faiths. And so while the pain inflicted on our community is very real, the support we feel is overwhelming.
Since the attack in Pittsburgh, I have been to my synagogue four times–for regular events and special events related to the massacre. Maybe the best way to honor the martyrs in Pittsburgh is to continue to live our lives as Jews, and that is what we are doing.
As for my friends in the immigrant-advocacy community, I have also seen our determination. The attack in Pittsburgh was motivated by hatred and fear of “invaders,” who the murderer thought were coming to the U.S. to “slaughter” his people. He specifically mentioned a refugee resettlement agency, HIAS, which has been helping displaced Jews and others since 1881.
The murderer’s fear of these “invaders” does not come from nowhere. The President and many others have been lying about the alleged threat of refugees and other foreigners. They have been ginning up hatred and anger. I suppose this is their way of motivating their supporters to vote. But it also seems related to the attack in Pittsburgh, and it apparently has inspired private militia members to bring their guns to the border and fend off the “invasion.” And why not? If we are being invaded by terrorists and gang members, armed resistance is the logical response.
The torrent of hate has effected immigrants and their advocates, and not just at the border. The HIAS office now has armed guards. Other immigrant advocacy groups have increased their security as well. The Pittsburgh attack and the regular threats received by advocates demonstrate that the danger is real.
But the lies and the hate have not stopped immigrant advocates from doing our jobs. Indeed, the situation is quite the opposite–more people than ever are donating and volunteering to help immigrants and refugees. In part, this is simply because people want to help others who are in need. It is also a response to rising xenophobia, and to the hatred and mendacity we see from some politicians and pundits. The bottom line, though, is that we are continuing our work to support immigrants and refugees despite–and because of–the current political environment.
Eleven Jews are dead. Other Jews and law enforcement officers are injured. There is no escaping this tragedy. But to the extent that the attack was designed to terrorize us and to prevent us from living our lives and pursuing Justice, it has failed. I have faith that even in these difficult times, we will never surrender to the forces of hate, and in the end, we will prevail.
Hi Jason,
Do you have any recommendations for good lawyers in San Francisco or the bay area region?
The lawyer I am currently working with is very unhelpful and gets mad when I ask him questions.
Please let me know.
Hi, i feel you. I have the exact experience like yours 🙁 I feel like I’m betrayed. If you know anything helpful about lawyers, please share with me. I’d appreciate that.
I can’t really recommend lawyers here, as that would lead down a path with no end. In any case, I don’t know any private lawyers in SF. Try looking at http://www.aila.org. Lawyers on that site tend to be better than average, but certainly it is no guarantee. Really, the best way is to talk to a few lawyer and find someone who you can afford and you seems trustworthy and competent. Take care, Jason
Hello Jason …
My case was referred to immigration court and I have my master hearing next week in buffalo …my lawyer ( you recommend me ) filed some sort of motion ( exactly I don’t know what type ) & it was granted also . So I don’t need to personally present at hearing he will go on date only .my questions is that you have any idea about how long it gonna take between master & final hearing in buffalo , Mr Kolken is my attorney
It would depend on the Judge, and I do not know that. When you have the MCH, you should receive the final hearing date. Give Mr. Kolken my regards, Jason
Hi Jason,
Thank you for the great job you do for keeping us informed with all the changes!!
I have a quick questions for you.
I have a schedule hearing on mid June 2019 in Newark NJ(i m currently live in NJ).
My family is relocating in South Florida next month December 2018). I have to move with them since i m depending on them.
Would you recommend to submit a change of address once i move to Florida?
How will affect my case with the immigration court?
Thank you in advance and i look forward hearing your response.
Peter
You are required to submit a change of address when you move. The Court could move your case to FL (or you can ask the Court to do that if you want; you can also try to keep the case in NJ if DHS requests that the case be moved). If the case moves to FL, it will create more delay. Whether that is a good thing or not depends on what you want. Take care, Jason
Hi Jason!
I wanna say thank you for all you do for us and I need your opinion about my situation….I am a backloger(4 years already waiting for my interview) applied for asylum in December 2014 in Miami but now I wanna move to Chicago so of course I have to move my case as well, my question is if I move will my case be at the end of the list in Chicago office or I better wait for my interview in Miami…my lawyer said that if I move then the wait time will be even longer…I am confused I don’t know what to do?this wait time it’s very exhausting…please help me with your advice.
Thank you Jason!!!
Miami is the busiest office in the US. So if you move, I doubt things will be slower. I do not know how Chicago is interviewing cases, but at least some offices are interviewing old cases when they have spare time (mostly, they are interviewing new cases under LIFO). If they do sometimes interview old cases, you may have a change to get an interview more quickly than you would in Miami. Also, you can try to expedite the case once it is moved – I wrote about that on March 30, 2017. In any event, if you move, the case will move too, so there is really no choice about that, but if I had to bet, I think it is more likely you will get an interview in Chicago than in Miami. Also, we move a case to San Fran recently and that person got an interview quickly (which was a surprise for us), so be ready to go just in case you get scheduled. Take care, Jason
Good morning Jason!
Thank you very much for your answer…you made my day…your answer it’s like a light in the back of tunnel….all the best to you…
Hi Jason,
I filed my EAD renewal form in October last week which is going to expire in December first. I was confused and was late. It’s my fault. Do you know how long they might take to renew my work permit. I drive for Uber and lyft and my license is going to expire with my ead. I heard we can’t renew license without ead. Is that true based on the fact that my driving license expire with the same date of ead.
Another thing, I send my documents to Arizona department of homelands security and some one is saying that department is moved from there so I have to send to Texas. Is this also true ? Do I need to send again to Texas service center.
Got confused and have big fear that I might be jobless for long term and may have to sell my car for the sale for living.
Your help will be appreciated.
Thank you
You should receive your receipt in less than a month after filing, and the receipt automatically extends your EAD by 180 days. The DMV should accept this. If you need it, I provided some links to the law in this posting (at he bottom of the article):
https://www.asylumist.com/2017/01/25/work-permits-for-asylum-seekers-some-good-news/
As for the AZ office moving, I do not know anything about that, but if you sent the form to the correct address listed on the I-765 website, you should be fine. Take care, Jason
I filed my EAD renewal on Nov 05 at Dallas TX , mine was expiring on Nov 30. They received the application on Nov 08 and I saw the charge of $410 on my credit card which is the fee of renewal on Nov 09. Based on the information I am hoping to get it before Nov 30 hopefully. Fingers crossed! It varies from state to state some states issue Licence for 10 years straight some issue based on your EAD. Hope that helps.
Hey jason,
Thanks for your help. My case was referred to court and I have my mch in December and my next trial is June 2020, my question is will this new trump asylum law affect previous asylum seekers who didn’t cross the border? Secondly I’m getting married to a citizen next year and I have trial in 2020, I don’t know if After we get married I should file for green card or wait for trial. Please I need your advise on what to do.
The new executive order should have no effect on you – it seems only to affect people who arrive at the border and request asylum after November 9 (or so), 2018. As for getting the GC through marriage, that may be an option and I would recommend you look into that now, rather than wait for the trial. Also, I wrote something on that topic on August 8, 2018. Take care, Jason
Jason, according to the INA and internationally law, anyone can seek asylum- even if they crossed the border illegally. Can an EO override the INA?
I don’t know why people are so up in arms about asylum claims as if asylum claims automatically means a right to citizenship. Only around 20% of these asylum claims are successful and even when you are granted asylum, the path to citizenship or PR is daunting and difficult. They give the impression that everyone who seeks asylum is granted asylum and it’s an easy process. The process itself is very stressful and long.
This EO just seems wrong on so many levels. It seems like the president is acting as the legislative branch, the judicial and the executive branch. I am afraid that if the POTUS is allowed to rip up existing laws (laws passed by Congress) and get away with it, then America is in serious trouble. Any citizen or resident of the US should be concerned about this. While actions like these don’t immediately affect a US citizen, for example, it should be a concern that the POTUS can later on do something similar to any citizen or PR that will have an impact on their lives.
Section 208 of the INA says that any person in the US or at a border can seek asylum here regardless of how they entered the country. However, INA 212(f) gives the President broad authority to limit who can enter the US. The EO does not affect asylum seekers who entered lawfully. Only certain asylum seekers who enter (or try to enter) at an undesignated port of entry (i.e., people who try to sneak across the border). The two sections of the INA seem to be in conflict on whether the President has the authority to block these particular asylum seekers. My guess is that the Supreme Court would ultimately side with the President (as they did for the Muslim travel ban). However, I think it is basically all for naught, since all asylum seekers (even those covered by the EO) are still entitled to due process of law (i.e., a hearing of some kind) based on the UN Convention Against Torture (which says that we cannot return people who face torture). So if the plan is to block due process for certain asylum seekers and expeditiously deport them, I think the plan will not succeed – while the President probably can prevent this particular subset of asylum seekers from having a hearing on asylum, I think they will still be entitled to a hearing based on the Torture Convention. In the end, of course, you are correct that the large majority of Central American claims will fail (for asylum and for Torture Convention), but they are still entitled to due process of law. Take care, Jason
Jason, thank you for your response.
Thanks Jason I went through it and I have a few question. My asylum case which was referred to court is in Newark, my mch was moved to 2020 and I have someone I’m seeing who is in Dallas and we plan on getting married next year. But I have a case in Newark and I’m getting married in Texas another state where I would file for my green card. Please what do you think is the best procedure for me to take to let the judge cancel my court proceedings as you stated. Like what’s the best way to go about it.
The first step is to get married and then have your spouse file the form I-130. After that, different judges have different policies about closing out a case. I wrote about this issue on August 8, 2018. I do think you will be better off if you live with the spouse and have the court case and the marriage case use the same home address. Take care, Jason
Thank you for all your hard work. Have a question: I submitted a form I-485 on end of March 2018 asylum based to Nebraska service center. On July 13 2018 case status online change to “case was received by your local office. Week later I got a letter that on July 13 my case was transferred to Texas service center. So now I’m confused. Pls help to understand where is my case ?? And what’s the case was received by my little cal office means . I’m live in New York. Thank you
I do not understand all their internal case transfers, and I think a lot of that is meaningless, or is done to distribute work loads more evenly. For people with asylum, we have seen I-485 cases take about a year, though I think the official processing times at http://www.uscis.gov indicate 11.5 to 37 months. In short, your case is within the normal time frame and I think you should not worry about the internal transfers, as I think they do not have much meaning. Take care, Jason
Thank you for your quick response. Will keep everyone updated . Btw the article is talking a lot to me cuz I’m Jewish also . Really hurt when something like this happens especially in USA. Take care👋🏻
hello Jason, I filed for asylum early last month from texas though i dont know which center has jurisdiction cause as i speak i have not received any acknowledgment receipt. it would be one year since i entered the country this coming week so i am worried. how can i inquire about this. how can i know they have my application its been over 4 weeks now and I dont know what to do
If you have proof of mailing, you should be ok, even if the one year period passes (since you filed on time). It can take a month to get the receipt, so everything may be normal. If you want to try to contact the Texas Service Center, you can Google “TSC NSCS follow up” and you should find the contact info. Also, you can try emailing the local asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hello I just want to give someone hope out there especially where it comes to processing times for EAD. my application was received on the 1st of Nov and was approved on the 9th of nov. a day after the 180 day rule. i know they say it takes long now but just keep the faith.
Hello Asylum Seeker,
Please confirm, is this your first EAD? Does it mean you didn’t apply on the 150days clock? Just curious, 1st Nov to 9th Nov isn’t up to 30days.
yes this is my first EAD I had posted my application when it reached 150 days on the 9th of October, however when i called uscis on the 5th of November they said they only had recieved my application as received on the 1st of nov. so in retrospect my 180 days was the 9th of November which the case was approved. i think my lawyer didn’t post on time so it was received on the 1st of November.
Thank you for writting this. I recently filed adjustment of status as an asylee. Next month i will be getting married to a US citizen. Do i have to send paperwork to uscis to change my marital status? My application said i was single then?
Because you may not get an interview for the green card, you might want to send them a letter updating your status – include the case receipt number, your A number, and a copy of the marriage certificate, also, maybe send the relevant pages of the updated I-485 or even a complete and updated I-485. Keep a copy of everything, including the proof of mailing. That way, even if USCIS loses it, at least you will have proof that you sent it, which should protect you in the event that they later say you failed to inform them of the marriage. Take care, Jason
Thank you
Hi Jason
I applied for my work permit 6 months ago but I didn’t get a work permit so they first scheduled my interview on 26th October but I never get any mail from them about my interview on 26th October 2018 so they automatically reschedule my interview for this month 19 November…I have a question that would it effect my case that I didn’t went on a first interview but the problem is that I didn’t even get a mail for the first interview? I only get a mail for my second one on 19th November? And my question is that can I get a work permit after my interview or after a decision?
Hi QA:
Greetings!
At the outset, wish you best of luck in your interview.
Secondly, when did you apply for aslyum(year)? And where is your office of asylum?
Regards,
Hello QA,
While you wait to hear from Jason, here is my little knowledge (thanks articles on this blog) on the matter:
1. It does appears there’s a delay caused by your inability to see the first interview notice and
2. Though is not clear when you applied for the EAD, it does appears they are putting this you and as you probably know by now, any delays cause by applicant will certainly put a alt to the 180days clock.
3. You may want to check relevant post on this forum for articles on EAD/180s days clock, Jason did an excellent post on this.
4. From experience on this forum, you got to be ready to give detailed explanation why you didn’t make the first interview and believe things should work well.
Best wishes.
If they think it is your fault that you missed the interview, it will stop the asylum clock. Once you attend the interview, the clock should re-start. Maybe when you are there, you can mention this and ask about the status of the clock. The interviewing officer may not know, but you can ask, and if the officer does not know, try asking at the reception desk. Take care, Jason
Hi, I have applied for adjustment of status at the Texas service center and my application was transferred to a local office in MA. After 9 months, it is transferred to the Arlington asylum office where I applied for asylum but granted by a court. USCIS says this is normal and that they transferred it to maximize efficiency. Should I be concerned? Do Asylum offices process adjustment of status cases? Thanks.
I have heard about this, but I do not know if it is normal or if it means that the asylum office wants to look at the case. It may very well be normal, but it would probably be wise to make sure that you have a copy of all your documents from the asylum case, in the event that USCIS asks you about that case. If you do not have your documents, I doubt it is a big worry. Please do let us know what happens, as that will help others. Thank you, Jason
Hey kuku, I want to ask a few question, I was referred to court and I would need your help to clarify somethings. Please send me an email zozobaba779@gmail.com please and thank you.
Hi Jason,
Can a green card holder (as a result of asylum) get Re-entry permit instead of RTD to travel abroad? The only plus is 1 year extra validity but I am getting mixed views from internet. Most of USCIS websites say that LPRs who got the status thru asylum/refugee should apply for RTD but I see alot of ppl saying that reentry is also okay and better if you want something for longer duration. What do you think?
The Re-entry Permit is better because it is valid for 2 years. But what I do not know is whether it is accepted as a passport by other countries in the same way that the RTD is (or is supposed to be). I think the idea of a RP is that you would travel abroad with your passport, but you would re-enter the US with the RP. If the country you want to visit accepts the RP in lieu of a passport, maybe that is a better option. Unfortunately, there may be no way to know the answer to that question – maybe check the embassy website or contact them, and then hope that the people at the border and the people at the embassy are in agreement about what documents they accept. Take care, Jason
Thank you very much for your response. Do you have cases from your experience where USCIS granted re-entry permit to LPRs of Asylum? I just dont want them to reject it saying that I should have applied for RTD instead. It will be a waste of $660. Thanks.
I really do not remember, but we have applied for Re-entry Permits for LPRs before (how they got to be LPRs, I don’t recall). Normally, if a person has asylum, they get the RTD. It’s just that people are frustrated with that because it is only valid for one year. Check the instructions, but I believe all LPRs are eligible for the Re-entry Permit. Again, though, unless the country you are visiting accepts that in lieu of a passport, you might do better with the RTD. Take care, Jason
Hello sir Jason
My question is . I fild a motion to advance for my individual hearing date because of my heath situation
So how I am gonna come to know that my motion application approved or not. By 1800 number or through my attorney or by mail?
Thanks so much god bless you
All three. You (or better, your attorney) can also call the court to inquire – you can find their phone number at right, where it says Immigration Court. Take care, Jason
on 14 nov 2018 i have to visit ICE but instead of 14 i went yesterday they put ankle monitor on my foot , i have ead nd pending asylum case in immigration court. last time i visited ICE in july they didnt ask any thing they let me free without any hassle . so please could u tell me what is this as i can’t move out california. will they remove gps fromy ankle on 14 nov 2018 ?
I do not know, but they did this to one of our clients and the case was then sent to court (improperly, in my opinion). We are challenging the notice that sent him to court. The only reason I can think of about why they sent him to court was because he had a J visa and a scholarship from the US government, and them he filed for asylum. Really, it was a ridiculous thing to do – harmful to him and a total waste of government resources. Take care, Jason
Hi Jason,
Thank you very much for this article—at a time like this, it’s always great to read something uplifting. Jason, I have a question: I currently have asylum and my one-year eligibility to become a permanent resident is coming up in a couple of months. In your opinion, how *early* can I submit my adjustment of status application? I’ve read somewhere that 30 days is a good time frame. What do you think, especially on how long it’s taking now under this administration to process anything? Thank you.
We used to submit it 30 days early, but then one day, USCIS rejected it as “too early.” Since then, we wait the full year, which is what I recommend. If you send it and they reject it, it will cause extra delay. Take care, Jason
Hello Jason,
I have a pending asylum case since 2015 and I file my adjustment of status through marriage to a US citizen 2months ago with EAD application C09. However my previous EAD will expired by January and I’m thinking of renewing it base on pending asylum since the EAD base on Adjustment of status may not be approve by January. Kindly advise me on what to do.
You can do that. Whether you will get the C9 EAD by January, I do not know. I think there is a decent chance that you will. One option is to wait until about a month before the old EAD expires – if you do not have the new EAD, you can file then, as it should take less than a month from the date of fling until you receive the receipt, which automatically extends the C8 EAD for 180 days. Take care, Jason
Dear Jason:
I, personally appreciate you more than this world for being this much nice and helpful with us. God bless you.
My question is as follow and is really important to me:
I have a medical condition, which I suffer from it not every day but I really suffer it every hour. I am sure, if I expedite it, the Docters will give me some good evidences and even I can have the pics too. However, my concern is that what if the asylum office tell me that you can do your operations in here? But believe me, I can not afford such operations even if I work 5 years for it. I am not from a rich family to support such expenses and I am pretty sure that most of the people can’t.
In addition to, when I stress, I get fat a lot. When I get fat, my medical conditions becomes much bothersome to me. Even if I don’t stress, it is really terrible and bad condition. I am pretty sure that if they don’t tell me to do your operation here, the other response will be accepting of my expedite.
Actually, I have to do two operations, one is more bothersome, but the other one is not more, still, I have pain from it in winters.
I wanna do it in a very proper way with my attorney, because if it doesn’t accept it, I can’t afford the next try.
Please, tell me your suggestion.
Regards,
The last case we successfully expedited was a person with leukemia. The letter from the doctor indicated that stress from the asylum case was contributing to health problems with the leukemia. I think this was a very strong expedite request from the point of view of the asylum office – it was documented by a doctor in the US and it directly tied the asylum case to the health problem. If you can do that, you should have a decent chance of expediting. Take care, Jason
Hello Jason! I am sorry to hear about that news. It breaks my heart when I see that innocent people got hurt in the middle of worshiping and at the place what they thought to be the safest place in the universe. Whether its Tanakh, mosque or temple we consider it the most sacred and safe place. It reminds me of my own country Pakistan where we had similar kind of attacks in our mosques and lost our loved ones. I came to U.S. thinking that its safer and better place to live but when I see these things my heart bleeds. My prayers and thoughts for the people who had to go through the pain of losing their loved ones. I pray that no one has to go through the same ever! No matter what religion you and I belong to, humanity comes first, I always wonder what kind of courage one needs to take a human life? Being a mother I feel that I won’t be able to breathe if God forbidden anything happens to my kid, the kind of effort and energy and love and affection we put to raise a kid and Poof! someone takes a moment to just take away the life . The thoughts leave me devastated. God bless everyone and keep our loved ones safe.
Thank you for this comment. We will all continue to work for better days. Take care, Jason
Hi Jason,
Thank you so much for your great effort. I have been following your blog for one year but I haven’t asked anything before because I could find every answer in your blog. On 2nd of November, I saw my status changed to ‘Fees Were Waived’ on Case Status Online. Today I got my asylum approval notice and I want to inform all asylumist community about my timeline:
Apply in Newark – January 2018
Biometric – February 2018
Interview – March 2018
Granted – November 2018
Congratulations and thank you for sharing. Best of luck in the USA! Jason
Usually, you can not check the status of your asylum online. How did you check yours online? Was that an asylum case or green card case?
Sara
It is an asylum case. I checked everyday and it said ‘case status doesn’t recognize the receipt number’ till last Friday and last Friday my status changed on Case Status Online.
Hi Jason,
If an asylee applies for an EAD and it’s denied, do you know why they would deny the EAD application? The asylee has a pending I-485 application and in possession of a valid EAD ( currently possessed EAD is valid for the next 10 or so months).
Thanks for your response.
Maybe they put the wrong category on the I-765? Usually, the denial letter tells you why the application was denied. Take care, Jason
Thanks, Jason!
Thank You Jason for your support at all time,
Please i will like to file form G-884 to request for my original document from Uscis office.
My question is that we submitted our application form I-589 for asylum to Houstin Asylum Office, got interview at El-paso Texas, decision was mailed to me through Asylum Sub-Office of Houston in New Orleans Louisiana. Now where do i mail my form G-884 to?
Please help me out Jason.
When was your interview? After how many days you received you result through mail?
Because I had my interview in Houston Asylum on October 11 2018, they said they gonna mail it to me, still didnot get any thing.
I am not sure. Maybe the form tells you. If not, you might email the Houston Asylum Office to ask them. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Thanks so much Jason
Jason, what impact, if any, do you think the new makeup of congress will have on “hot topics” such as immigration, refugee and asylum, DACA, TPS…?
I know that judicial appointments will be mostly conservative and thus can have negative impacts on asylum and refugee claims, for example. However, Congress, a co-equal branch of government, is vested with the power to make laws that affect immigration in general. This may- and I am being cautious by using the word “may”- bode well for immigration in general. This is at least for the next 2 years. However, there specific cases, including asylum and refugee claims, that are inextricably linked, though not excluded from the Legislative branch, to the judicial system and, therefore, must go through the judicial process.
What are your thoughts? Do you think you can write something on this for your next post? I think this would make an interesting read.
I am thinking about a post on this topic. The main legal effect is that it will prevent any new immigration law from being purely punitive. Unfortunately, that will not be enough to save DACA or TPS, but at least programs like asylum, family-based immigration, etc. will not be eliminated. I have something else on tap for next week (about WWI), but this is a good idea for a future post. Take care, Jason
Hi Jason
I applied for asylum in August 2018 and did my Biometrics in September 2018. But since then I haven’t been called for interview. The asylum office handling my case is Arlington VA. I have called this number 703 235 4100 several times to inquire about the status of my case but it doesn’t give the option of speaking to a representative. The phone directory gives 2 options. 1. If you know the extension of the person you want to talk to press it. 2. If you know the last name of the person you want to talk to say the name. Of which I don’t know either. So I gave up on it and wrote them an email on October 23rd but up to today they haven’t replied.
Please advise me accordingly how to go about this.
Thanks.
Hi Asylum Seeker:
I also applied in August, and did biometric in Sep but haven’t heard anything back yet.
Can you please give me the email address of Arlington office so that I can contact them as well. I will be really appreciated.
Regards,
You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
I am really sorry for keep asking questions. To be honest, I really don’t know which link are mentioning at right? The blog or USCIC web? I checked both but I couldn’t find. I am really sorry about it.
Regards,
You can Google “asylum office locator” and you will find the link. Take care, Jason
You can go on Wednesdays from 7:00-3:00 and make an inquiry. Likewise the email is: ArlingtonAsylum@uscis.dhs.gov. (Arlington Asylum office).
Email is he best way (aside from going in person, but if you do that, check the office hours on the website). It sometimes takes a few weeks to respond, and they only respond about half the time, so I would give them another week, and if there is no response, try again. In any event, there is not much for them to tell you. They receive more cases each month than they can interview, and if you filed in August, it probably means your case is not going to be interviewed and you are in the backlog. No one (including them) can tell you how long the wait will be. If you have a reason to expedite, you can try that – I wrote about expediting on March 30, 2017. Take care, Jason
Hi Jason,
I filed my case in July 15 th. I never received an interview notice. But in September I received a failure to appear notice. It was actually a mistake from their part (i.e the Chicago office). On Sept 15th, they accepted my request for rescheduling an interview. Since then, I didn’t hear from them. I contacted them by phone and told me that my case has not been scheduled yet. When I asked if that means that I was sent to the backlog, they said no. I am really confused regarding this backlog thing. Following the new LIFO rule, rescheduled cases should be on top of the list am I right ? If yes, why do you think they did not schedule my interview yet. Is there anything I can do ? Thanks
I agree that in this case, you should be at the top of the list (but then again, their rules are pretty incomprehensible and often they do not follow their own rules). Try emailing them and explaining what happened. Or go in person if you can. Maybe that would work better than calling. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Just wanted to thank you Jason. In this cumbersome process, you are the only human voice that we hear.
Gracias, Jason
It was a terrible act of violence. But I can’t agree that the source of this violence is in politic. President never told anything about jews, and he never told about immigrants in general. He told about illegal immigrants and this is a real problem because every month more than 30 000 people try to cross the southern border illegally pouring drugs and crime into the USA. That’s inappropriate and that is Trump talking about. And if he (and we) stop talking about it, being afraid that another moron would take his gun and shoot people, that would mean that morons win. What next? Will we stop fighting with ISIS because some idiots can start killing Muslims in the US? Or apologize to Russia for accusation in interference in elections because someone can shoot russians in Brighton beach NY? Or maybe even blame Martin Luther King for his standing for human rights which radicalized idiot who killed him? No. Because that would be real surrender.
So, where is a source of this violence? Is it Trump, US government or King who did and does right things that need to be done? Or is it illegal migration, terrorism, world bully and inequality?
I think you are very wrong in your evaluation. It is possible to oppose immigration (legal and illegal) without resorting to racism, fear mongering, and lies, but that is not what the President does. He intentionally ratchets up the hate and fear in order to mobilize voters. This is not an accident; it is an intentional strategy. When leaders use lies to encourage hatred and fear, bad things happen. I do not directly blame Trump for the attack in Pittsburgh, but he sets the tone, and that tone is one of fear and hate, and a logical response, if you believe his lies, is to use violence. Perhaps he will tone things down now that the election season is ending. At least until 2020. Take care, Jason
When you say “he intentionally ratchets up the hate and fear in order to mobilize voters,” I say “he emphasizes the seriousness of the problem to secure the border”. His purpose is not to encourage hatred and fear, his purpose is to make strong borders. And the logical response of millions of people who believe Trump is an intention to have a strong border. Not violence towards the immigrants.
P.S. and also want to mention that gunman from Pittsburg was antisemite who thought that Jews were helping transport members of the migrant caravans. He didn’t vote for Trump, he even criticized him. Is that is also Trump’s fault?
Trump and others have referred to “invaders” and claimed – with no evidence – that the caravan contains terrorists and gang members. He deployed the military (to do what, it is not clear), as a defense to the “invasion”. When the President uses such language and speaks so irresponsibly, and in a manner devoid of truth, it causes people to be afraid and to take action. The murderer in Pittsburgh was not only anti-Semitic. His online postings indicate his motivation – to stop HIAS and the “invaders”. Is Trump’s rhetoric directly to blame for this? No, but had Trump spoken responsibly about the problem, he could ratchet down the hate and anger, and reduce the likelihood of further violent incidents. Take care, Jason
And what action do people take? Millions of people started to persecute immigrants? No. We have only a few mentally unstable people who decided to retaliate. It’s less than 0.00001% and we even don’t know how they were affected by Trump’s words. That is how people understand the issue and what they actually do.
And about the caravan. I don’t know who they are. But I see how they fight with mexican police trying to break border, how they throw stones to a law enforcement. And that what invasion is.
Precisely, you don’t know who they are, or why some of them are fighting with police. It is ok to say you don’t know, but that is not what Trump does. He used the caravan as a wedge issue to divide people, and sow fear and hate. When the President of the United States makes such statements, it provides justification for people to take bad actions – like the militia mentioned in the above article. Do we trust them not to murder people crossing in the desert? But there they are, with their guns, waiting for some “invaders” so they can play soldier. Take care, Jason
hi Jason,
do you think Democrats win yesterday could effect immigration positively specially on immigration cases for people coming from banned countries ?
I do not think so. I may write a blog post about this, but one positive is that it will not be impossible to pass a new immigration law that is solely punitive. Another positive is that they control the purse strings for the government, including ICE, and if they think ICE is behaving improperly, they could potentially restrain it. A final positive is that they can subpoena the different agencies heads to investigate any improper conduct. Take care, Jason
Jews had faced persecution and genocide. It is sad that hate crime gets or communities every day. Even churches. May Lord protect you.
NIK, Jason is being nice to you because he is the administrator of the blog. Well, I am not going to be so nice to you. I am going to tell you like it is.
You sound like the typical Trump supporter/Fox “News” viewer. This is OK with me- you are free to support whoever you want and consume whatever junk you want.
The moment you said 30,000 people try to cross the border illegally, most of whom you have concluded are criminals, without proffering any kind of evidence, I stopped reading your post. You and I know, and I suspect that most people on this blog do as well, that the “information” you provided is patently false and bears a striking resemblance of the anti-immigrant rhetoric that are invariably touted as reality by the regular “standard bearer” for Trump, or one who consumes, without any kind of filter, all the blatant lies or half-truths that Fox “News” puts out.
Trump lied when he said, for example, that the Caravan of 5,000-7,000 people are made up of criminals, people from the Middle East, Muslims, and a crowd of mostly armed and dangerous men. These claims by the POTUS are false and nocuous, to say the least. Trump’s reaction- and his reaction is solely for gaining a political advantage over his competitors- is a classic case of stoking fear so as to “gin up” his base which he hoped would have motivated his base to go out and vote for him and those seeking re-election in his administration.
Well-thinking adults are not asking the POTUS to apologize for the actions of a set of diabolical sociopaths. What we are asking of the POTUS is that he shows leadership by strongly disavowing- which would remove all doubts from our minds- these acts of violence and hatred toward minority groups. The POTUS cast a shadow of doubt on where he stands on the issue when he flippantly said, for example, that there were good people on both sides.
Quite clearly there is a correlation between the uptick in violence and hate against minority groups, including Jews, and the rhetoric spewed by the POTUS. In fact, there seems to be more incidents of mass shooting in the US within the last 2 years. In addition, I am blaming the POTUS and his administration for the level of divisiveness- the like of which many of us millennial and gen z have never experienced or seen- in the US. We are also asking the POTUS to help bring the country together- not using fear mongering and inflammatory languages to exploit peoples’ ignorance and vulnerability for political gains.
For your information, the shooter never voted for Trump because his daughter, Ivanka Trump, married a Jew. That does not mean that he did not support the current administration and its movement. He wanted someone worse than Trump because of his Nazi-like views.
The moment you said that I wrote that most of 30 000 people are criminals I stopped reading your post too. Sorry.
NIK, true to form- typical of people like you when confronted with the facts, or your bold lies are pointed out. Read back your original comment. YOU concluded that 30,000 criminals pour into the US every month. You flat out lied!
I sad “more than 30 000 people try to cross the southern border illegally pouring drugs and crime into the USA”. I didn’t say that “most of whom you have concluded are criminals”. That is how you think. Your statements are based on lie or wrong misinterpretation. And you even lie in a situation when your words can be easily disproved.
Dear Jason:
With a apology that my question is not related to the post.
As a lawyer, how do you evaluate the asylum process nowadays? Do you see hope for us that we will get rid of all these stress and difficulties one day? It is really stressful to in such limbo situation. Still, I personally have no other choice except being waited.
Also, how much the expediting a case works now? How many times can an applicant try expedite? Is it limited or not?
Thanks,
I think there is still a decent chance to win cases. In many ways, things are not all that different from when Obama was president, at least for most of the clients I am representing. As for expediting, it is still possible (we just did it for someone), but it seems to work mainly if there is a well-documented health issue (my client had cancer and we had medical evidence about that and about the stress of his case making his health worse). Take care, Jason
Lots of useful information on your site.JASON, you really do great job! Thank you very much!
Hi Jason,
I need to renew my Employment Authorization (EAD). I’m currently under the status “Prosecutorial Discretion,” given to me after discovering that my asylum request was rejected 3 years ago. I’m wondering, do I apply under the Eligibility Category of (c)(8)? As I read the application instructions, the more confused I get. Please let me know if I apply under that category.
Also, could you give me a brief list of the documents and information I’ll need to provide along with the application? The instructions for (c)(8) category is quite confusing. I appreciate any help you could provide. Thank you so much.
I cannot give specific advice about applications, sorry. If you check the EAD card, it should list the category of the old card. Also, you should be able to use your prior EAD applications as a model. If a lawyer did them for you, ask the lawyer for a copy – the lawyer is obligated to give you a copy of your file. If all else fails, you might talk to a lawyer about what you need, as I do not know off the top of my head (I have not done an EAD application for a PD person in quite some time). Take care, Jason
Thanks for your response. I understand, I just want to know one thing. I have all the documents needed for the EAD application, but should I include the previous EAD renewal approval letter? I remember my friend, who used to help me renew mine, say that I should include it but it’s not mentioned in the instructions at all. My friend passed away now and I’m confused. My lawyer is unwilling to help me without having me pay her for her full service, but I know how to renew it and this is the only question I have.
You can submit a copy of that letter. I do not think it is needed, but I also do not see how it can do any harm. Take care, Jason
That sounds reasonable. Again, thank you for the response!
Hi Jason,
I thought about you when I heard about the attack. I am glad that people could put religion and race aside, and show support.
Apart from living in fear of the possible outcome of my case, I also live in fear of hate crime. The America I heard and read about is so different from the one in this present reality.
God bless you for all you do.
I try to keep in mind that the bad guys are a minority, and the violent bad guys are a miniscule minority. Unfortunately, they can do much damage and they get a lot of attention. Take care, Jason
My prayers with the Jewish brothers and Sisters…
“Do not go gentle into that good night, rage, rage against the dying of the light”..
God Bless you All..!!
I was thinking of Churchill – “We shall never surrender!” Take care, Jason
Hey Jason, my case was referred to immigration court and I have my mch next week, do you think the ICE detain people in court? I’m so scared
From the little i know i dont think they detain people at the court, pls clarify is it ice you going ti see, when did you file and interview
At this time, there is no reason to believe that ICE will detain anyone in court, so I think you will be fine. One exception might be if you have a criminal history in the US, but otherwise, you should be fine. Take care, Jason
I am scheduled for a third interview at the asylum office. I have a doubt about this interview. I am curious about the executive order (EO) which separates the kids from their parents. I have no information if this EO applies on new arrivals at the southern border only, or it may apply to my case as a legal arrival who came through an airport gateway six years ago? To be more specific, can our kids be taken from us at the asylum office during the interview; can they separate them from us?
I have never heard of such a thing, and I do not think it is a concern. Hopefully, the third interview will be the charm. Good luck, Jason
Hi Jason,
Thank you for writing this. Well said, sir.
Continue to live and worship without fear. We can’t allow hate to cripple us to the point where we can’t even assemble for worship. What kind of person would want to massacre a group of innocent people who are minding their own business? This is so heart-wrenching, you almost feel utterly consumed by hopelessness and sadness.
Frankly, I think the Jewish community is lucky in this regard. We probably received more support than many of the attacks on churches, and I imagine if other, minority communities are attacked, they may not have as much support as we have received. Hopefully, we will never find out, but these types of attacks seem to be a pattern in our country. It is a sickness that goes well beyond the individual perpetrators. Take care, Jason
Hi Jason, it is sad that hate crime still takes place in the 21st century. I have a question, as asylees do we have to submit form I-693 (Medical) along with adjustment of status I-485?
You do, but given that the processing times for I-485 applications is very slow, you may want to wait and submit the medical exam later (upon USCIS request). Otherwise, you risk having the form expire before your case is processed, and you would have to re-do the exam (and probably pay for it a second time). If you do the exam after November 1, 2018, and the doctor signs it within 60 days of submission, it will be valid for two years, and this should be enough time to complete the processing of the I-485. Take care, Jason
Thank you for your thoughts and inspiration.