This posting is by Elizabeth Rosenman, a Seattle asylum attorney and a member of Northwest Immigrant Rights Project’s pro bono panel. A former editor of UCLA’s law review, she has a master’s degree in journalism from Columbia University. Among other publications, she has written for The Seattle Times, the Los Angeles Times, and most recently, The Hill.
When I’m helping a client prepare his I-589, the first thing I do is download the 10-page application, officially called the “U.S. Citizenship and Immigration Form I-589 Application for Asylum,” from the USCIS website. The first half of the I-589 asks simple biographical questions and the second half probes for responses intended to tease out whether the applicant likely qualifies for asylum or is possibly barred from staying here permanently.
The form is written in plain English and even the questions that call for long answers are straightforward. Everything is self-explanatory. That’s why it’s tempting to skip over another document on the same website called “Instructions for I-589” — a 14-page document that is far denser than the form it’s supposed to clarify.
Read the instructions.
The first time I did, I was stunned by how helpful they were. The instructions contain both a concise tutorial on asylum law and a superb how-to manual for preparing an entire asylum case, not just filling out the I-589.
There’s also a lot of practical stuff that isn’t immediately obvious to asylum seekers and inexperienced lawyers: The one-year time limit for submitting the I-589 in most circumstances, the rule that the form has to be either typed or filled out in black–not blue–ink, and the requirement that an asylum seeker can’t leave the U.S., even for an emergency, without prior approval unless he wants to forfeit his claim.
Only about two pages of the instructions actually offer help filling out the I-589, but who cares? The document is an invaluable legal tool. And it’s free. But there’s a flip side. The instructions are also confusing, misleading, annoying, and bizarre. My take: Reading the instructions is a must, but following them all is a big mistake.
Consider this–even before you finish the first sentence, you realize there’s an obvious problem. The instructions, like the I-589, are only printed in English. Nobody in our government appears to care that the vast majority of asylum seekers aren’t native English speakers.
Just as bad, the instructions leave out some basic information, like where asylum seekers temporarily living in certain states–California, Nevada, and Pennsylvania–should send the I-589 to get the process rolling. Immigration officials have divided each of these states into two parts, but the instructions don’t explain where the dividing line is.
Take California. The instructions say that affirmative asylum seekers living in Northern Californian should send their completed I-589 to a post office box in Lincoln, Nebraska. Those in Southern California are told to send their asylum applications to Laguna Niguel, California (asylum seekers in court follow a different set of rules). Is Fresno considered north or south? How about Bakersfield? The instructions are silent. Instead, a few phone numbers are listed in the instructions for the asylum seeker or her lawyer to call with questions. My clients have all lived in Washington State, so this hasn’t been an issue for me. But I couldn’t resist calling the first phone number listed, the one for USCIS’s National Customer Service Center, to see how hard it would be to get an answer.
Very hard, if you aren’t an attorney, it turns out. That general phone number has recorded messages for almost any immigration problem I’ve ever heard of, except the I-589 address question. I spent several minutes trying to get a customer care representative on the line to talk me through the problem. I couldn’t figure out how to do that. Every time I pushed a keypad number I thought would get me to a person, I instead got a recorded voice that referred me to the USCIS general website. So I called back again, this time taking advantage of the one keypad prompt that’s only for attorneys. In less than two minutes, a USCIS employee came on the line and cheerfully offered to help. Instantly, she pulled up a directory of which California counties were included in one address or the other.
“Why not list this on the I-589 instructions pages?” I asked. “We don’t really know why they wouldn’t,” she said. Me either. Given a chance, I’m not sure I could dream up a way to make the task of addressing an I-589 more complicated than the one our government has already put in place.
Another complaint: The instructions leave out some key facts. For instance, they note that people who are granted asylum “may eventually adjust to lawful permanent resident status.” That means an asylum seeker who is granted asylum may, a year later, apply for a green card. So what’s the big deal? The instructions omit the most important part–an asylee is also eligible to apply to become a U.S. citizen, with all of the rights and protections that come with citizenship, four years after getting a green card. He’d probably figure the citizenship part out somewhere along the way. Why not let him know from the start?
Then there’s an omission that I find mean spirited and annoying: The instructions never mention that documents submitted as part of an asylum case don’t need to be notarized. All of my clients have needlessly paid money to a Notary Public to translate a few documents before I began representing them. They could have instead had a friend do the translating and used the extra money to buy food or bus fare.
Even more troubling, the instructions contain some misleading advice. At one point, they say “you are strongly urged to attach additional written statements and documents to support your claim.” “Strongly urged” sounds scary. Don’t worry. I’ve ignored that instruction for every client. Let me explain.
Remember that rule about asylum seekers not being allowed to request work authorization until 150 days after USCIS receives the I-589? That clock starts ticking whether or not an asylum applicant submits all of his supporting documents with the I-589 or just the bare I-589. Since all of my clients are anxious to get legal work authorization, I quickly fill out and submit the I-589 to get the 150-day clock going.
Then, after it’s in the mail, I begin the long process of gathering the supporting documents. I don’t send in those documents, which make up the bulk of the asylum case, until closer to the date of a client’s court hearing or asylum interview.
Two paragraphs later, the instructions give horrible advice: “You can amend or supplement your application at the time of your asylum interview with an asylum officer and at your hearing in immigration court….” That’s not true. Asylum officers and immigration judges have various rules about when evidence is due. If an asylum seeker misses that cutoff, he may be barred from submitting crucial documents later. This isn’t a problem for a lawyer who has been through the rigmarole a few times and is aware of the rules. But what about an asylum seeker who has been unable to obtain a lawyer?
Then there’s this bizarre fact: The instructions explain that an asylum seeker attending an interview who doesn’t speak English fluently must bring an interpreter and cover the cost. But if the asylum seeker is hearing impaired, that’s a different story. In that instance, the government will supply a sign language interpreter in any language–on the house.
Enough complaining. Even though I’m aware of most potential pitfalls, I always re-read the instructions the night before meeting with a client to fill out an I-589. They are updated frequently without prior warning–oops, another complaint–so I always check to see if anything important has changed.
Hi there
Thank you brother
I am in the court. I am waiting for my individual hearing. I have already submitted I 589 already and gave finger print. Do I need to give for second time?
Thank you again
Sometimes, fingerprints “expire” and need to be re-done. Usually not, but these days, things are not predictable. You can check with the DHS Attorney’s Office (a link is at right) and ask about that. Take care, Jason
Hi Jason,
Thank you so much for all the efforts, I filed an address change online, i actually got a confirmation from USCIS, I printed the confirmation, though, I do not have a pending case, because my asylum was approved last year, my fear is it is over 30 days and i have not gotten a mail confirmation from USCIS in my physical mailbox, which i usually get when i do an address change, what would you advise? should i fill another AR-11 form and send it to USCIS office?
When we do address changes, we do not get mail confirmations. All we get is the emailed confirmation. I think you are fine if you have the e-confirmation, especially if you do not have any applications currently pending. Take care, Jason
Hi Jason
Do you have to pay for EAD renewal 2nd time?
And do we also have to pay for children under 6 years old for renewal the 2nd time we renew it?
Please advice
Thanks
Everyone who wants to renew has to pay. If you want to avoid the fee, you can file for a fee waiver using form I-912, available at http://www.uscis.gov. Most people do not renew EADs for young children, since they do not need them, but that is up to you. Take care, Jason
Hi Jason,
If the asylum applicant has siblings living in a third country temporary on work visa,would that make him inadmissable to the USA(reason for denial of application).
Thank you.
You need to disclose that, but it is normally not an issue. They might ask whether the applicant can also live in the third country, so you might be prepare to explain why he cannot. Take care, Jason
[…] The Instructions for the I-589 Asylum Form: An Invaluable Tool, But Not the Last Word (The Asylumist Blog, Jan. 2019) [text] […]
Has anyone ever been interviewed who has filed their case in 2017 under the jurisdiction of Houston asylum office? I wonder how long more that I suppose to wait by this lifo system? Does it worth to request an expedition or 2017 cases are getting there to be interviewed soon? Any idea, experiences or suggestions are welcome to me!
And I do not how good signal that is but I have also just checked my case, at least the number of the days is updated. While it was 651, now it is 686.When I considered since when my case has been pending. The updated number is accurate. Good luck to all of us. Keep your heart warm, no matter how this world is so cold. Start writing a few lines on what has caused you to seek asylum in the country of melting pot!
It seems that the online system is now working, hopefully. Take care, Jason
Hi Jason: I have heard that USCIS started to interview all Asylees who apply for Green card…I am talking about the principle asylee…is that True???
I have not heard that or seen it, and I kind of doubt that is happening, but if I hear news, I will try to post it. Take care, Jason
Hello Jason,
I just received an interview confirmation. However, it’s coming from the wrong office. I filed the case to this office, but have been living in a different jurisdiction for the last three years. I have a letter from the “correct” office that my case has been transferred.
I don’t want to go to the office I received an confirmation from but want to stay with the correct one. What can be done in this situation? I have two weeks till the interview.
I would scan the letter and email it to the office where the interview was scheduled. You might also email it to the “correct” office. You can explain the problem to them and hopefully, they can correct it. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason,
I sent my info over.
The “wrong” office is Arlington, the correct is New York. From your experience, does the Arlington office read emails in a timely manner? They have walk-in hours tomorrow; it’s quite a trip but doable if it’s better to inquire in person.
They get back to me on about half the emails I send, and it often takes a few days or (for expedite requests) a few months. It is better to go in person, but you would probably be there for at least 3 or 4 hours, and it is pretty crowded on most Wednesdays. The advantage is that you will likely get an answer of some kind. Maybe try to send another email today and indicate in the title of the email exactly what you want. Hopefully, they will answer and you can avoid a trip to VA. Take care, Jason
Thank you, Jason.
I’ll follow up via email once again.
If I’m there right before 7am, I should be able to get through the line in 3-4 hours, you think?
There are 7:30 AM interviews, so there is usually a line at 7:00. Maybe it is better to arrive at 8:00. There is a form near the receptionist windows that you need to complete and then get in line. The problem is not the line, so much, as the wait after you submit the form. Three or four hours is a decent guess. Good luck, Jason
Responded and cancelled in the morning.
It was a great turnaround time.
Hi Jason, quick question, how long does it take for a lawyer to prepare and present a credible fear case, considering that you are on a B1/B2 visa and don’t want to be out of status before the application is filed. Secondly, if you are in status and your interview is rejected, you have to leave and no appeals. So is it prudent to wait three or so months before you approach a lawyer, just to make sure your interview is not scheduled within 6 months of you being in USA, just to ensure you have a chance to go to IC and not kicked out in case of interview rejection. Thanks in advance.
A credible fear interview takes place at the border, when a person arriving in the US expresses a fear of return, so I think you are not referring to that – I think you are referring to an asylum application. How long that takes to prepare varies a lot. For us, we can complete and mail a complete case within 1 to 3 months (normally). However, if there is an emergency and we have to file quickly, we can normally send a bare-bones application within a few days, assuming the client cooperates. If you are in-status and your case is denied, you just continue in status. You do not get deported automatically. If the government wants to deport anyone, they must be sent to an immigration court. Some people prefer to go to court rather than get an outright denial (and have to file again, which is a huge pain). If so, you may want to wait until your status is closer to expiring before you file, as you suggest. I wrote about these issues on February 21, 2018 and March 7, 2018 – maybe those would be of interest. Take care, Jason
Cheers Jason, that answers the question.
Hello Jason, I have the interview soon, my English speaking level is not very good but I did check the fluent in English box in the form, First question is; is it still ok to bring an interpreter? Second and more important question is, the person I was planning to bring as interpreter also has the interview in the same week, before me. And it’s not the main office so we would probably see the same officer, but she is not my witness or anything, would this be a problem?
1 – Yes. If your English is not fluent, it is better to bring an interpreter, since the officer sometimes speak quickly and use legal terminology. The fact that that you checked “yes” should not be a problem, as you can say your English level goes down when you are nervous and you wanted to be careful. 2 – I doubt it is a problem, but you might do better to have someone more independent. What if the person was interviewed and the officer thought that person was lying about her case? That could affect you. Probably that will not happen, but it seems to me that you may be safer to use someone else if possible. Take care, Jason
Thank you Jason. In this case, is it possible to reschedule the interview if I can not find another interpreter, is this a reasonable reason to reschedule? Thank you
and is there a time limit for that?
The sooner, the better. Normally, they reschedule it for 3 or 4 weeks in the future. Take care, Jason
You can reschedule for this reason. You can email them in advance to ask about that – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
This is what I did: send a scanned copy of the interview notice and a paper from the “correct” office and explained the situation. Should it be enough?
Hopefully, they will respond and let you know. Take care, Jason
I have a question related filing of EAD for pending application of Asylum. I got a reckless driving ticket in VA and released on summon at the spot. My court date was feb 4th but i hired an attorney he is not available till April so now the next date is in April. he is very hopeful that my reckless charges would be dropped but the thing is i have to apply my EAD as 150 days has been completed. i am curious what to mark in the section where they are asking that have you ever been arrested for and/or convicted of any crime? Because i have never been arrested or convicted as it now so what do you recommend…..
If it is a criminal charge, you need to indicate that you were arrested and include a copy of the documents. If it is only a traffic ticket, I think you do not need to tell them, but double check the I-765 instructions to be sure. Take care, Jason
hey hamad
just here to help you ,
i was in your situation 2017 ,, got reckless ticket in Virginia and it’s considered misdemeanor so you need to get a good lawyer and you will be fine ,, the lawyer got me out of it and i applied for EAD normally and got it ,, so no worries but again don’t pay the ticket and go to the court with a lawyer as long as you have a clean driving record you will be fine .
If – just if they let you expedite . Do you ever suggest hiring attorney after expedition granted ? For political asylum based on religion . I have tons of documents I was thinking maybe hiring attorney after expedition granted would help me saved that hard earned money since I have my evidence ready on hand ? Let me know thank you
I did a blog post about this on July 7, 2016 – maybe that would help. But in your specific case, I think it is better to hire the attorney before you expedite. Many attorneys will not take a case at the last minute, and depending how the case is expedited, you may not have time to find a lawyer. Also, given how a lawyer can help with an asylum case, it may make more sense to have the lawyer prepare the case, and that is normally best done before you try to expedite. Take care, Jason
Jason I’m a Christian from Iran . I have tons of documents . How long do you think it would approximately take for an attorny to put my case togheter with tons of documents ( pictures ,texts ,email , news headlines , etc) let’s say if they decided to expedite my case and we have two weeks to go, is that really impossible for an attorney to take care of my case in 2 weeks ?! The thing is If they don’t really grant Expedition I don’t think I can stay for that long either way , I have been diagnosed with chronic condition and I do need health care . I’m not able to stay another 2 years like this ( total of 4 years my attorney said ) , then what’s the point of of paying him 5 grand ?
How long it takes to put together an expedite request, I do not know. For us, it usually takes a few months, mostly because we are busy. However, you can file the expedite request even if the case is not complete. We sometimes do that if the case is mostly complete. Even if a case is expedited (which it often is not), it can take months to get an interview and a decision can also take a long time. In fact, we have an Iranian apostasy case that was expedited for an interview and has now been waiting at least 6 or 8 months for a decision. It is very upsetting, but there is not much to be done. The point is that you need to be prepared to wait, even if the case is expedited. On a more positive note, we expedited a Turkish case, and he received asylum yesterday, only 2 weeks after the interview, so that is possible too. Take care, Jason
Hi Jason i need your help on this please.My asylum interview is pending because of asylum officer(Because of her appointment she took half interview ).I applied my asylum on 7th july 2018 and got my interview on 22nd August 2018 but due to some reason I’ve cancelled it and requested for another interview so i got next interview on 25th September and i went for interview but my asylum officer took only half interview and told me to wait for another interview date ,due to her personal appointment she had to go.I’m still waiting but didn’t get interview letter.Meanwhile I’ve applied for my EAD on January 15,2018 and got acknowledgement letter.Right now I’ve crossed 180 days and I didn’t count ( August 22,2018 to September 25, 2018) these 35 days because I’ve requested for another interview and 1st I cancelled it.Please put some light on it
Is there any problem for me to get my EAD or i get on time.Thanks
Supposedly, the clock should stop when you postponed the interview and then re-start when you attended in September. However, the clock does not always work properly. You can try to check your receipt number on-line (I provided links in the post 2 weeks ago), but that seems not to be very accurate, as it is not updating the number of days on the clock, at least for most people. If things work as they should, you should get the EAD, and so hopefully, you will. As for the interview, I think you should contact the Asylum Office and ask about that – it seems a long time to wait under the circumstances. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you for your response. I really appreciate your work and advise
Jason, that’s why I always tell people not to reschedule interviews unless they absolutely have to, or if they have their EADs already (clock re-starting problems). For people who will be interviewed under LIFO, you must ensure that you are ready as you are likely to be interviewed quickly. I can’t understand why an attorney or a client would want to submit an asylum application under LIFO without ensuring that the applicant is ready for his/her interview.
The only reason an attorney or client should be submitting an incomplete application for asylum (having no supporting documents or evidence in your possession, client not prepared, no affidavit, etc.) is if the 1-year deadline was approaching and the client needed to submit the application urgently.
If the attorney knows that he/she will be busy, or he/she has a very large workload, the attorney should not submit an application that’s incomplete- unless, of course, he or she is confident (barring unforeseen emergencies or extenuating circumstances) that he will be able to ready the applicant and acquire all the necessary supporting documents- as obviously, as is is evidenced by the new LIFO system, the probability of the applicant being called for an interview is high.
Personally, filling when you are out of status is not a big deal once you file the application before the 1-year deadline- especially if you have a genuine asylum case. If, on the other hand, you are unsure and you believe you can go back home, you can always file when you are in status so as to preserve the validity of your visitor visa (this is if the process is complete- from initial denial to final denial- before you are out of status). I would therefore focus more on filing before the 1-year deadline and submitting a complete application.
Some attorneys or client may differ.
Summary:
While you need to submit the application so the clock can start (EAD purposes), you have to keep in mind that you can be called for an interview quickly. This can turn out to be counterproductive if you are not prepared.
One issue that lawyers face is pressure from clients who want to file quickly. To me, it is often penny wise and pound foolish, but it is a big issue. I wrote something about that on February 19, 2014. Take care, Jason
Hi, Jason.
How are you doing. I am currently having an affirmative case and want to retain a lawyer. However, the one reputable law office I contacted said that the appointment is booked over a month. I just want to ask is it normal ? I am very afraid that if I end up with this law office or any other law office. The long wait between available appointments could be a very big problem in the process of my case.
It may be a good sign – they are trying not to take too many cases so they can manage the case load they have. It is not something I have ever been good about. I think you will have to wait and see when you meet the lawyer, but in the mean time, nothing stops you from talking to other lawyers and hopefully finding someone you trust. Take care, Jason
Hi
Today i did my interview in chicago
I applied on dec 2015?
And expend my interview on may 2018
Im from syria
My interview was only one hour
I feel the offcer trust me
I didnt lie in my story any thing
My lawyer said i did very good
But i feel negative because the offecer gave me very easy question smpall and he didnt cover every thing in my story
He was good and said in the end will mail u the decision
Do u think that is normal
Interview was very fast and short
Im worry about that
Different officers have different styles, and how long an interview takes depends on the facts of the case. One hour is pretty short. On the other hand, if you have a strong case, the officer may not need much time. Hopefully, your lawyer is correct that it went well. I do think you should be prepared to potentially wait a long while for the decision, as decisions are slow for everyone, but particularly for men from Muslim countries, including Syria. Good luck, Jason
Me too, the officer did not go deep in my story,
I have been interviewed in Chicago,
Was the officer an old man wearing glasses and he speaks in a very calm voice? 🙂
Hellow Jason,
My husband applied for asylum on July,2018 including me and our son as a derivative applicant and we had an interview with the asylum officer in Arlington on August ,2018.after two weeks they gave us NOID and we respond the rebuttal with in 16 days that is on September 14, 2018.the decision is still pending.we applied for EAD on time but they rejected us, the letter says that the asylum officer denied our case on September 18.2018 but we didn’t received a letter from the asylum office stating that our case is rejected.my husband also went to the asylum office on November 20,2018 to ask them our status and they said it’s pending decision.the system also said decision pending.
My question is why did they rejected our EAD application? Do you have any explanation for this?
Thank you so much for your help Jason!
I do not, but I may have a client with the same problem. In his case, we are going to try to re-apply and include evidence that the asylum case is still pending. If you received a denial letter, it should explain the reason for the denial. My client never got his letter, which makes things more complicated. You can try to make an Info Pass appointment at USCIS to ask about the denial and show them evidence that the case is pending. In my client’s case, since we do not know what the problem is, we are going to try to re-apply for a new EAD. Take care, Jason
Hellow Jason
Previously I posted a question about a deined EAD application while our asylum case is pending.we were at the asylum office for inquiries and we showed them a letter sent for us stating the reason for the EAD denial. The lady at the office said it is totally wrong and that our case is ‘under review’ .she also said that they will sent the decision with in 3 weeks.
My question is what does that mean the case is “under review”!?
They have lots of ways to tell you that the case is pending – as far as I can tell, this is one of those ways. Take care Jason
Dear Jason
Thank for your precious time and effort you gave for the people in need.
Previously I posted our case that is our application for work permit is denied while the case is pending and we sent motion to appeal I -290b .
How long does it takes to process the application?
Have you ever been applied for I -290b recently?
A 290b only works if USCIS made an error on the case. Usually, it is better (and less expensive) to file a new I-765. You may want to consult with a lawyer just to understand why the I-765 was originally denied. A form I-290b probably takes at least 6 months; maybe longer. I would talk to a lawyer about this rather than just wait for USCIS, as you need to know why the case was denied and what is the best thing to do next. Take care, Jason
Dear Jason, how are you. Have you ever expedited a case for an applicant who is a caregiver? My mom is severely ill, she has Parkinson’s, the severe and aggressive kind. I have an individual hearing in 2022 in Arlington but to be honest with you I don’t think my mom can make it till 2022. I’m her sole caregiver and taking care of her has taken a toll on me. I want to know if I can use my mom’s deteriorating heatlth as a valid reason to expedite my case. Thanks.
I have not tried that, as far as I can remember, but if you can make an argument about why you need to expedite, you can try. I wrote about expediting court cases on April 20, 2017. Take care, Jason
Hey Jason! I have a pending case in court and I married a wife who applied for asylum before we get married, recently she went to the interview and explained them that her application has been changed because when she applied she was single and now she’s married with one kid, my question is, what should we expect in case they approve her asylum , is it possible that we can both be approved at the same time because she has put me in her application as a husband who is looking for asylum too.
I am not sure whether they can approve you if you have a case pending in court. Maybe they can, but even if they do not, if her case is granted, she can file an I-730 for you and you can close your court case (assuming there are no complicating issues, like criminal arrests or immigration violations) and get your asylum based on her case. Take care, Jason
Hello Jason,
I applied for asylum during my first entery to US(back to 2015). I went to asylum interview and my case was denied by asylum office few months ago(I was in status). Recently, ICE sent me a letter to appear before IJ the reason is that they thought I am out of status. can I file asylum before IJ? what do you think about one year bar issu? Can I pursue my first application before judge and overcome one year issue.
Thanks
What office did you interview in?
If you have a court case, you need a lawyer, and the lawyer can research this. I think you may be able to use your original asylum application to overcome the one year bar (assuming you filed on time), but that might depend on the facts of the case. You should talk to a lawyer as soon as possible, because if you need to file a new asylum application, the sooner you do that, the better chance you have to overcome the one-year bar. Take care, Jason
Mr. Benjamen, May you inform us did you expedite your case and which office did you apply?
Thank you.
I’m diagnosed with chronic pelvic pain disorder with has devasted my life with sudden and lingering pain , he gave me a note . There’s no real treatment . Only preventive measures can be taken . I want to see psychologist , what do you think would be the best for her to write indicating how my condition has made me anxious and depressed and expediting could possibly help ? Please let me know what you think
To expedite a case, you need to explain why expediting will help you. So maybe the doctor can explain that the stress of the asylum case is making your health condition worse, and if the case were resolved, it would help improve your health. Take care, Jason
Do you ever suggest to tell them that getting my case resolved help my eligibility for health care ?
We have done that for people before. I do not think it is a very strong reason for their perspective, but if that is combined with a serious health problem, it may be a strong reason to expedite. Take care, Jason
Dear Jason,
I am always thankful for the incredible support you are providing in the platform.
My initial I-589 form submitted to USCIS was corrected at some point and resubmitted by my lawyer, do I considered to be a liar for the correction made by the second form ?
Thanks,
Sambod
Not at all, but they can ask you to explain why you said one thing on the first form and something different on the second form. You should be prepared to explain, but usually, this is no big deal (though it depends on what was changed). Take care, Jason
Hi Jason,
Our MCH is scheduled on June 2019 and our EAD will expire July 2019, could we still renew it? And when is the right time to renew?
Thank and God bless,
Jr
You should be able to renew as long as the case is still going. You can file to renew up to 180 days before the old EAD expires. Take care, Jason
Hi Jason, thanks for the great work you do and the wealth of information. I just came from my asylum interview. I did not have a lawyer present. The immigration officer asked me about my brothers status. My brother is a US citizen. She then asked me how he acquired his status. Has that anything to do with my case? And is it allowed by law?
Thanks
Dear Dangwe,
I think it mean nothing and it’s customary to ask such a question. A kind of question is also available on the asylum application form, asking any of your relatives or siblings living in the US and its status. I did mine too last Friday, wish you a good luck!
When did you appointed to pick the results?
Thanks,
Sambod
Hey Sambod,
I guess you are right cause we went through my application box by box. And the reason I had asked is that, I didn’t think it’ll matter what my brothers status is cause I thought by law they are not allowed to then open up my brothers file to make any determination on mine. I could be wrong. Anyway the officer told me that I’ll get my response in the mail so I didn’t get another appointment. She made me sign a form that she had explained to me that I’ll get my response by mail.
Hi Jason,
1- Can a denied mother for green card due to insufficient income of the peteinier come to the USA with valid visa and apply for asylum (she has been going through tough time in home country )??
2- would the petition application affect her elegibility for asylum ?
Thank you
1 – Assuming she has a visa and can get into the US, yes, she can apply for asylum here. 2 – I doubt it, but they would have a copy of the old application, and so it is important that the new application be consistent with the old (or that she explain any inconsistencies). Take care, Jason
The officer can ask this. Whether it has anything to do with your case, I do not know, but they can explore whether it does. It is pretty common for them to ask the status of relatives who live in the US or other countries aside from your home country, so it may just have been routine. Take care, Jason
Hey Jason
Good Morning, you are the hope for asylum seeker.
I have question, I am man from Muslim country, I had my Asylum interview on Oct 11 2018. Still waiting for the decision, many times I go in person many times I emailed Houston asylum office, still they are giving same response, that your case is pending.
Wait is very stressful, Please what other legal option to do. I have medical problem too, for that they expedite my case too.
Your Help will be appreciated
I think it is not helpful to go there and write them many times. I would not contact them more than once every few months. If you have an emergency, you can provide evidence of the emergency and ask for an expedited decision. If there is no response, you can file a mandamus lawsuit – we wrote about that on October 2, 2018. Realize that the security background check is not within their control, and so if the background check is not complete and you file a mandamus, they could deny the case. That may be better than waiting forever in limbo (you can go to a judge and eventually get a decision), but you should be aware that that is a possibility. Take care, Jason
Jason,
Is it valuable to have an attorney during an interview in the Asylum office? As I understand, they’re not allowed to do/say pretty much anything.
Assuming there are two attorneys equally experienced but one goes to an interview, and another doesn’t, does it make sense to pay a higher fee and retain the first attorney?
The attorney’s job at the interview is very limited, but it is helpful to have a lawyer there – in the (relatively rare) event that the officer is a jerk, it is good to have a lawyer there. Also, they can make a closing statement or ask some clarifying questions. They can take notes, so you have a record of the interview. It really depends on what you can afford, but compared to preparing the documents and prep-ing you for the interview, in my opinion, attending the interview is the least important of the three. Take care, Jason
Hi Jason. Hope you are doing well. Hummm Jason since August i sent some doc to expedite the case.they respond saying the same language that i see in the site” the next step is the interview…”.we are now on February. 2 weeks ago we stop there in person to ask about the expedited case, that man responded to us that now expedited case doesn’t count because of the backlog especially for 2014 -2017 cases.iam from the 2015 case fron Arlington. Please Jason is it true that they don’t consider expedited cases anymore?What should i do? Can i write to them again so they can consider it as urgent?Thank you and be bless.
It may depend on the office, but we have recently expedited case in Virginia and Boston, and I think most office have an expedite process. However, the asylum offices do not always respond to expedite requests and as far as I can tell, the majority of requests to expedite are denied. Take care, Jason
Hi Jason. My office is virginia,(Arlington).we gave them all the doc and it was approved.bit because it taken long ,we then went in person.the man said because of backlog they so not consider expedited cases anymore. So iam confuse.thank you
We just had an expedited case accepted there a few days ago, so I do not know why they told you that. Take care, Jason
Hi Jason. Sorry to ask again .please do you how many months it took the person to be called for the interview after he expedited his case? want to know to compare .thank you Jason. Nice day.
I have seen people get called anywhere from 1 to 6 months (or maybe more) after the asylum office agrees to an expedite request. Take care, Jason
Hi Jason !
I have a question: after the government shutdown is ended , did you have any Court Hearings?, or did you hear that now they are postponing the hearings for later ?
My Individual Hearing is scheduled for March thats the reason I asked.
Appreciate
Take care Jason
We have court hearings, and assuming there is not another government shutdown, a case for March should proceed normally. Take care, Jason
Hello Jason,
How long it takes for USCIS to give response after submitting expedited request with documentation?
Thanks alot
It is very unpredictable. If you are talking about an expediting asylum case, we have seen that take anywhere from a few weeks to maybe 6 or 7 months (and then longer while we wait for the actual interview). Take care, Jason
Dear Jason.,
Thank u for all ur assistance and informations. I am due to apply for EAD next month. How do I go about i ?I first send my I 589 form to Texas office and they referred me to do biometrics which I have done. Am I going to send the i-765 form I downloaded to Texas office or I go to Arlington office, what are the documents I have to submit, will I also pay any fee. Please advice me I am a novice on this and dont want to make mistake
Maryland
I cannot give specific advice like that, as I do not know your case. The I-765 instructions (available at http://www.uscis.gov) explain what to do and where to file. If this is a first time EAD based on pending asylum, your category is c-8 and there is no fee. Take care, Jason
Hi Jason,
When do AO make a decision on the interview? Do they give their recommended statement right after the interview or took some time for discussion with supervisors?
Thanks,
Sambod
I think it depends on the AO and his or her schedule. They give the decision to the supervisor, and the supervisor approves it (or asks the AO to do additional work on the case). Take care, Jason
Dear
Do not worry, I am in the similar situation I want there and they did only change my MCH date of appointment, just respect the time of your appointment take with you your passport or any ID if you have it. Thanks
I applied for asylum 2015 I got my interview I been waiting for decision Till 1/30/2019 I checked on website it says Application closed they sent by the mail but I have received nothing I don’t know why they closed my case
You should contact the asylum office or go in person to ask about the decision. Also, if you have your alien number, you can call 800-898-7180 (it is a computer, not a person). If the case was send to court, the phone system will tell you if you have a court date. Good luck, Jason
Dear Nadia
If you don’t mind can you please share your timeline we also applied in Feb 2015 in Arlington office and still waiting for interview. Thanks
Hi Dear Respected Jason:
How long does it take to get the Approval for Initial EAD application after getting the reciept? I applied on Jan,15 2019, and received my reciept on 28, Jan,2019 based on pending aslyum. So how long does it take to get the approval ? Do I have to wait to complete 180 days or it is not the case, it has been 170 days that i am pending asylum.
Thanks
We applied Dec 25, 2018,
Approved on Jan 15, 2019,
Cards in production Feb 2, 2019
So should receive them in a week I guess.
It was around 165 days when we applied
Dear ANTON:
Thanks a lot for sharing your timline.
Can you please tell me how long did it take to get your Approval after the reciept ? The days between receiving the reciept and approval
Thanks a lot
These days, it normally takes 1 to 3 months. You are not eligible for the EAD until 180 days pass, so USCIS should not send that until you complete the 180 days (though they make some many mistakes, that maybe you will be lucky and get it before 180 days). Take care, Jason
Dear Jason,
Many many thanks for your guidance. I am very grateful for all your support! I am an affirmative asylum seeker. My case has been referred to Immigration court and my MCH hearing was scheduled on 8th Jan.19 which got cancelled due to government shutdown. Today I have received a notice from DHS, Immigration and Customs enforcement Stating that, please come to the office at the address shown below, at the time and place indicated in connection with an official matter.
Ask for : Deportation Officer Manuel Tellado
Reason for appointment: Immigration status in the United sate.
I got shocked after receiving this notice. I don’t know what to do. Could you please guide me what should I do next.
Thanks a million!
Banu
Can you share your timeline, please ? How long after your interview did you get the decision about your referral to court ?
I don’t think this appointment gonna end up with deportation order but I wouldn’t go alone. Hire an attorney to go with you.
You should go to the office as instructed. The problem is that you do not know what they want to do – normally, they just question the person, but they could give you an ankle bracelet and they could detain you, though I have not seen people being detained except maybe in cases where they have a criminal conviction. It would probably be a good idea to talk to a lawyer to prepare for the meeting and to go with you to the meeting. A lawyer can usually not stop a detention, but the lawyer may be able to help you get ready and be prepared for whatever they want. You should know that in most cases, these meetings are routine and people are not detained, but it is better to prepare for the worst, just in case. Take care, Jason
Hi Jason!
Can you still get asylum derivative status if married but separated?
Thanks!
If you are legally married, you can get asylum if your spouse is granted asylum. I do not know the effect of being separated from the spouse, but USCIS may consider that to be a fraud. I would double check this with a lawyer to be sure, and to protect both spouses from having a problem. Take care, Jason
They’ve been living together for 10 years and have 4 children. Now they are heading toward divorce, but before that, they wanna be separated first for at least 1 year and then make a decision about divorce. So our question is during that separation if their pending case is approved, the other will still get the derrivation status?
I am not 100% sure about that. They should talk to a lawyer and have the lawyer research the question. As far as I know, “separated” is not a legal status and they will still be married. This makes me think that the spouse will be eligible to get derivative asylum status. However, if USCIS thinks they are engaging in fraud about their marital status, that could cause both spouses to get into trouble. For this reason, I think they should talk to a lawyer to be safe. Take care, Jason
Hi Jason, i granted Asylum from IJ last year. 1.My one year will complete on June 6, 2019. So when i should apply for Green Card? 2. My EAD Card will expire on November 1. It is in C8 Catagary now. My Wuestion is that when i should apply for renewal and for which Catagary? Will have to pay fees or it free?
1 – You can apply for the GC after June 6, 2019, assuming you have not been outside of the US for a significant time in the last year. 2 – You do have to renew the card. If a person wins asylum, the first EAD based on asylum granted is free, and is category a5. You should be entitled to that card and you should not have to pay. Normally, the send it automatically if you won at the asylum office. If you won in court, you need to take action to get the card – Google “post order instructions for immigration court” and you should find what you need. Take care, Jason
Yes i am granted Asylum by immigration court and now read post orders by immigration court.But not under stood for EAD that when i have to apply? i granted Asylum on june 6,2018.And my EAD of C8 catagory will expire on November 1,2019.My Question is that when i apply for my renewal of EAD? 180 days before expiry? or with Green card application?
And applying for EAD renewal is free after grant of immigration court?
Yes, the first a5 EAD is free. Take care, Jason
You cannot renew the c8 EAD. You have to apply for an a5 EAD, and you can do that now. If you follow those instructions, you should get an EAD when you go for your appointment. So you know, even without an EAD, a person with asylum is eligible to work, but many employers do not understand that, and so it is better to get the EAD. Take care, Jason
I would like to share a recent experience we had with I-131. Not sure how many of you regularly follow the blog but for those who do, they might remember my post from couple of months ago when I asked about getting RTD sent abroad after USCIS approves it. Most of people including Jason replied that its too big of a risk and they were not wrong. However, my situation demanded an urgent travel.
To conclude, it took a lot of tension, some calls and emails here and there but USCIS sent the RTD to American embassy while I was abroad and I was able to get it in time without any trouble. Majority of USCIS reps in USA and USCIS offices abroad and consular section in embassy have information related to green card holders and since I am not yet an LPR they were not just clueless about asylees but also giving wrong information. During all this, I also found out how to obtain permission to get back to USA even without RTD getting approved in time or not applied at all in the first place. A hell of a journey indeed.
Thank you for sharing. The RTD instructions specifically allow a person to receive the document at the embassy abroad, but that does make me nervous – glad to hear it worked. Take care, Jason
AM, I am glad everything worked out for you! Would you be so kind to describe your experience with U.S. customs and immigration officers while traveling with an RTD?
Hi Jason,
To day I conducted an expedited interview here in Arlington. The interview took 3an half hour it was good. I realized that I have made a mistaken statement on the year of a certain event, and the officer noticed the discrepancy, does it have impact on the decision?
Finally I was given two options whether to come in person or to get the decision on mail I preferred to pick in person after two weeks, does it mean something?
He also asked me about the visa process in the consular office of us embac back home is it customary?
Thanks,
Sambod
It happened to me also and I dont think its a bad thing. If such small mistakes dont show some kind of cheating or fraud on your behalf and its merely a typo or an innocent mistake its no big deal. I had couple of dates on my form which didnt make sense. AO cleared it with me and corrected them before interview. I got my approved.
Thanks, you know the AO officer asked me I said the mistaken year but same month and date, I only realized it after the interview. Thanks again
An inconsistency could affect the outcome of the case, but I doubt that one mistake about a date would have much impact. There are two ways to get your decision – this is normal. Even with a pick up decision, it is common for the officer to call and indicate that the decision is not ready, and tell you that they will mail it out. As for the consular discussion, I have not seen that before, so I do not know why he would tell you that, but I do not really think you can view that as a signal about how the case will be decided. Take care, Jason
Hi Sambod.please can u share the timeline for yr expected case? Yr year,how many months it took for u to be called for that expedited interview. Thank you!
First time applied for EAD on pending decision. Field this Jan 11th, received receipt on Jan 17th. I received letter of approval on Jan 21rd. How long does it take to receive the actual EAD card? Does anyone have experience?
Hi ASLYEEE
can you please tell me which office did you apply in?
Because I applied in 15th Jan, and received my reciept on 29th, and I didn’t not receive anything since that time for approval ? I applied in Arlington office.
Regards,
I applied at Houston Office. Applied July 2018, Interview September 2018, Applied EAD Jan 2019.
I applied on dec 22,2018…approval on jan 02, 2019… Jan 09, fingerprint being processed…jan 30, card sent to production….my First Ead based on pending decision
Probably a week or two. Take care, Jason
Hello jason,
how a person who catched by ICE for overstay can release? They would send him to detention center or just give him NTA and release him?
Thank
Sometimes, ICE releases the person for free or with a bond. Other times, the Immigration Judge does it. Not everyone gets released; it depends on the case. Take care, Jason
Hi Jason,
If I move to another address within the same city and under the jurisdiction of the same asylum office, will it affect my EAD clock? My case has been pending for 160 days.
It should not affect the clock. However, there are all sorts of problems with the clock, and so you can’t be too careful. I would recommend waiting to move until you have reached 180 days, just so there are no issues. Take care, Jason
hi jason
it is so perfect artical as well as we know you the best Lawyer if you remember i told you about my situation this monuth i got my ead depends on pending asylum but ead card was an issue with the valdition date so i bring it back to them as they told with examination paper to describe why i send it back to them but after a few days i received my ssn card from texas homeland so what about ny ead! how many days could it takes to fix it and send it back i have so bad situation i need to work thank you very match
Probably you applied for the EAD and the SSN at the same time (using form I-765). You got the incorrect EAD, and you now received the SS card. That all seems normal, except for their mistake. How long it takes to get the replacement card, I do not know, but I would guess at least a few months. If you want, you can try to call them to inquire. Take care, Jason
Hi Jason
Is a birth certificate required for Asylees applying for green card and later for naturalization? The I-485 instructions clearly state that it is not required for refugees or asylees (both copy or proof of non-availability). However I had a friend who went for citizenship interview and got asked for it and got a RFE. I’m planning on getting a green card and do not have birth certificate and I am unable to get it. I want to know what happens if you don’t have it? Do they ask for it during adjustment? Also if they don’t ask during adjustment will they ask for it during citizenship? Unlike I-485, the N400 instructions mention nothing about birth certificate.
They are being jerks about stuff like this – maybe they won’t ask you for it, but we have seen cases where the person did not have it, and so they asked for alternative evidence: notarized letters, school records, baptism documents, hospital documents from when you were born. It is very annoying. When we submitted what we could get, they approved it. So I doubt this will block you from becoming a citizen, but it may cause you some annoyance. Take care, Jason
I did not have a birth Certificate when applying for an asylum based green card. I wrote them a letter explaining the reasons why. They did approve my green card in 4 months. Sometimes it depends on the officer dealing with your case. Goodluck
However, things are tougher now than they were six months or a year ago, but usually the birth certificate thing can be sorted out – it is mostly just a nuisance. Take care, Jason
Hi Jason
Thanks for your reply. I do not have any of these hospital records you are talking about and I am unable to get them from back home. I do have a passport which will expire in 1 year and I won’t be able to renew. So you think it’s a problem in case if they ask during I-485?
My friend is in a similar situation but for citizenship. They asked for it and now she is asked to get a birth certificate or some affidavit from parents. Her parents are no more.
I guess what I’m asking – if they ask and we do not have it, what is the way around it? Does it mean that they deny your application?
You would have to get notarized letters from people who know that you were born (I’ve always thought that the best evidence of your birth is that you exist now), and also you should explain why you cannot get the other evidence. I think in the end, it will be fine, but this all can be a pain. Take care, Jason
Very well written article! I think the whole process is a joke. The instructions page is confusing and misleading, I think You S CIS should ask one of us(asylum seekers) to re-write these instructions based on our experiences, pain, and frustration we go through while filling this ridiculous piece of art! Oops! Did I complain?
There was a minute there (maybe in 2012?) when USCIS gave a satisfaction survey to asylum seekers. They mostly rated things pretty positively, but they may have been afraid of the consequences of complaining. Take care, Jason