This post is by the good folks at AsylumConnect, a web resource for LGBTQ asylum seekers.
There are still 70 countries, mostly in the Middle East, Africa, and Asia, where homosexual activity between consenting adults is illegal, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association’s latest State-sponsored Homophobia report. There are also currently six countries in which homosexuality is punishable by death.
According to Amnesty International, even in countries where homosexuality has been decriminalized, LGBTQ people can still face violence, arbitrary arrest, imprisonment and torture. An estimated 400 million LGBTQ people continue to face the risk of criminal imprisonment due to their LGBTQ identity.
As a result, every year, millions of people flee their home countries due to persecution based on their sexual orientation or gender identity (an estimated 5% of U.S. asylum claims are based on persecution of sexual orientation or gender identity, which suggests there are over 40,000 currently pending LGBTQ asylum cases in the United States).
After fleeing violence, imprisonment, and death threats in their home countries, LGBTQ asylum seekers arrive in the U.S. in pursuit of a better life. However, many LGBTQ asylum seekers are traumatized when–nearly as soon as they arrive on U.S. soil–they are thrown into immigration detention facilities that replicate the very persecution they sacrificed so much to escape. LGBTQ asylum seekers, especially trans and gender non-conforming asylum seekers, are routinely targeted in ICE detention. For example, trans asylum seekers in detention are often denied access to hormones and gender-appropriate clothing, and some are physically and sexually assaulted.
The psychological and physical trauma endured by LGBTQ asylum seekers at the hands of their own government and families makes them especially vulnerable when they arrive in the United States. In addition to facing challenges as asylum seekers, LGBTQ asylum seekers face unique obstacles due to their LGBTQ identity:
- An estimated 44 percent of LGBTQ refugees suffer from post-traumatic stress disorder (PTSD) when they arrive in the United States.
- LGBTQ asylum seekers may be forced to “prove” their sexual orientation and/or gender identity to an asylum officer or immigration judge. Many are forced to face gendered stereotypes when dealing with those who are not properly trained in processing LGBTQ/SOGI (sexual orientation and gender identity) claims.
- After experiencing severe levels of transphobia and homophobia in their home countries, many LGBTQ asylum seekers fear the organizations that they go to for help in the U.S. will also discriminate against them based on their LGBTQ identity. Once in the U.S., LGBTQ asylum seekers must find services that are both immigrant-friendly and LGBTQ-friendly during the lengthy asylum process.
While organizations that help LGBTQ asylum seekers do exist in this country (such as LGBTQ centers and verified LGBTQ-friendly immigration services), information on where to find these resources is difficult to access.
In 2014, a lesbian American and a gay asylum seeker co-founded AsylumConnect to fill this information gap. AsylumConnect is a nonprofit organization providing the first and only resource website and app designed for LGBTQ asylum. The AsylumConnect catalog currently helps LGBTQ asylum seekers find verified safe resources during the U.S. asylum process. LGBTQ asylum seekers can use AsylumConnect as a one-stop-shop to meet their needs in all aspects of their lives, including where it is safe to go for help with housing, hygiene and clothing, legal assistance, food, medical care, mental health treatment, community support, translation, transportation, education, and employment. Nonprofits and attorneys can also use AsylumConnect to easily gather verified resource referrals for their LGBTQ clients.
There should never be a moment when someone does not know where it is safe to go for help due to their LGBTQ identity or immigration status.
For more information, visit AsylumConnect.org. You can also make a tax-deductible donation to AsylumConnect to help persecuted LGBTQ people find safety.
Donald Trump wants asylum seekers to pay application fee && He wants to deny immigrants who came to US without visa work permits. Scary!
It’s not Donald Trump. It’s because a lot of people don’t like asylum seekers. And those people support Donald Trump
My case is in New York and I’m moving to North Carolina for a contract job which is six months. Do I have to inform USCIS and change my address? Please let me know I don’t really want to move my case.
If you maintain your NY address, keep your driver’s license there and pay taxes there, I think you can argue that your permanent address is NY, and not file a change of address. There is no hard and fast rule, however. I wrote a posting about this issue on June 24, 2015. Take care, Jason
Hello Jason!
Hope you are doing well.
I just wanna ask a question.
I saw someone’s comment that if your is still running after your interview it means that your case is referred to immigration judge. Is this statement true?
Because I am done with my interview but my clock is still running while my decision is still pending.
Thank you!
JJ, that’s not what the original comment said. The comment said after he/she checked the case status online, the case status changed to decision was REACHED and NOTICE MAILED. Were you made aware that a decision was reached on your case and you noticed that the clock is still running?
That is not correct. The clock keeps running while the decision is pending in all cases. However, once the decision is made, if the clock stops, it may mean that the case was granted. It is unclear whether this way of reading the tea leaves is actually accurate. It may be, but I have not seen a case where it has been confirmed. Take care, Jason
Hello Jason,
it has actually been confirmed by 10+ cases of people I know. Just try to track your recent cases with mail-out decisions. Assuming you know the outcomes of those cases you can easily confirm this theory. So far it’s 100% accurate although all the cases are from LA. Maybe in your Asylum Office it’s different.
It’s not something I have time to do, but I am not surprised that it seems to work. Take care, Jason
Hello Jason,
I am applying for an advance parole to go see my ailing parent who is current in a hospital bed. The doctor caring for him wants to know who to address the letter to: to the immigration office, to me or to whom it may concern. Also is there any other supporting document needed like hospital record, patient record…
Thank you for you assistance.
Freddie
The doctor can address the letter to any of those. To Whom It May Concern is fine. Include evidence that they are your parents (your birth certificate) and if there are any particularly important medical records, you can include those too (but keep it short and don’t include records that are not understandable – hopefully, the doctor’s letter will be enough). Finally, hopefully, they are in a third country, so USCIS sees that you can visit them without going to your home country. Take care, Jason
Hi Jason
My asylum clocked has stopped although no status update (current status: decision pending) What could be the reason?
Thank you
I have the same situation as well. Decision pending and and clock stopped.
Do you mean that the count has stopped or the clock has stopped? Mine also has been pending decision but the clock has not been moving for 3 days now. I think it is just a technical issue
Some people here think that if you have a decision pending and clock stops, it is a sign that the case may be granted. I do not know, and there is nothing official about that, but let’s hope so. Good luck, Jason
Hi Jason,
I read today the latest memo of Pres. Trump 4/30/2019-about immigration changes for Asylum seekers.
It says in the memo that there will be a fee for Asylum applications now. My main concern is that It also notes that work authorization is to be stripped from migrants who are denied asylum or subject to final order of removal. Our case is referred to IJ and our MCH is on June 4, 2019. This is only MCH, and our EAD will expire Sept.2019, does this mean we cannot renew our EAD anymore? What is our case is still in IJ and no final decisions yet, could we still be approved EAD renewal?
Thank you.
God bless!
JR
If you read the US Code chapter 8, what I understand is that the AG can charge fees on applications, etc. However, the period of 180 days to EAD can be increased ? I am not sure. The law says EAD cannot be issued before 180 days unless otherwise authorized by AG, however, whether it can be increased to any number of days above 180, I think Jason can give his legal opinion. I see legal challenges coming up on this issue.
The INA indicates that they do not have to issue the EAD at all (though potentially, this could be challenged in court – maybe), and so I imagine they can charge a fee for the initial EAD or increase the waiting time. Take care, Jason
I do not read the memo that way. I think if you have an EAD, it should not affect you, but we will have to wait for the final regulations to know for sure. I will post something about this tomorrow, so check back if you are interested. Take care, Jason
Will surely wait for your post. Thank you Jason!
God bless!
Hi jason,
The administration gave a new memo to tighthen the asylum rules. that includes all asylum applications must be solved in immigration court with in 180 days. this rule would implement for all asylum applicant or just applicants arrived at the border? do you think this rule would be applicable for all asylum applicants?
thanks
I will post something about this tomorrow, so check back. But it seems to indicate that the 180-day rule would apply to border cases. Take care, Jason
Hi Jason,
Thank you very much for all the hard work you put into this website.
Do you know how can I get myself on to asylum interview short list? Is that something that I need to do through lawyer? What is the process? I told my lawyer that I would like to be listed on short list, he asked me to figure it out myself.
Any information would be greatly t appreciated.
Thank you
You might find a lawyer who is a bit less lazy. It worries me if he says that. Did he do his job for other parts of the case? That said, different offices have different policies, and not all offices have short lists. You have to contact your local office to ask about that – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason, thank you very much for your reply.
He said he doesn’t like the idea of me being listed on the short list, after I insisted to be on, he told me to figure out myself, which I never expected to hear from my own lawyer. It also worries me now if he will put effort to prep me for interview in the future. Waiting for several years without knowing when to be called for interview is terrible, now on top of that I have to deal with my own lawyer, don’t really know what to do.
I understand why he might not like the short list, but it is his job to represent you, and that means making an effort to help you. If he cannot do that, you should find another lawyer, in my opinion. If you keep this lawyer and put your name on the short list, make sure the case is complete and that he knows you are on the list, so hopefully, he will help you when it comes time for the interview. Take care, Jason
If my lawyer said that to me, I would say, thank you for your service, good bye and go look for a different attorney who is not that condescending. It’s even worst if you are paying for the service.
Jason, My friend from Venezuela was recently notified of her asylum interview date coming up in June. She just received notice that the interview was canceled and would be rescheduled. Have you heard of other Venezuelans’ interviews being canceled recently? We’re wondering if this is happening generally and reflects the political situation, or is just a local Omaha office issue. Thanks for your work.
dd
Hi Anna. I am from Venezuela and had my interview in March. Just waiting for the decision.
** I had my asylum interview **
I highly doubt it has to do with her or with her country. It is fairly common for interviews to be canceled and rescheduled (usually in a month or two), and it is usually because of internal scheduling issues at the asylum office. In other words, I wouldn’t worry about it. Take care, Jason
Thanks Jason. We are glued to the news watching Guaido today. Que le vaya bien con todos de la gente en Venezuela. Bendiciones. We are hopeful.
I’ve seen some terrible scenes on the news. Hopefully, it will be resolved soon and things will finally improve there. Take care, Jason
Hello, I am currently on F-1 student status, and I would like to continue maintaining student status by applying for OPT as I graduate this May. I have filed an OPT application, but I am worried about it because I also hold an asylum EAD. I don’t want to use the asylum EAD for work because I want to work based on OPT to hold my student status. As such, would my asylum application/EAD affect my OPT application? Have you seen cases similar to this? I already am in a hiring process with a job that is related to my field of study so I am fully complying with the F-1 OPT regulations.
Thank you
Supposedly, students who are denied asylum will now be sent to immigration court, even if they have otherwise maintained status. I have not seen that happen, but that seems to be the USCIS policy. I think you will be considered in status for purposes of the OPT, and that you will be fine. I would caution you, though, that the act of applying for asylum (seeking to stay in the US permanently) is in conflict with the F-1 student visa (which is temporary). However, we have not seen any student lose status simply because they filed asylum, but theoretically, it is possible for that to happen. Take care, Jason
Dont use the asylum EAD. It is very risky. I am in the same situation and dealing with OPT is a pain. But dont use it
Did you receive the opt ead card while also holding a current asylum pending ead card?9
Dear Jason,
I made an inquiry to USCIS since my cae has been pending for 200 days. Im from Venezuela and applied in New York. I reached out via email and they said that my case escalated to the attention of the section chief and that they probably wont have a decision in the next 45 days. They said that if I dont get anything from them in the next 50 days that I should inquiry again.
Is this common? What does it mean? Thanks again for all your help.
Maybe the case was sent to headquarters? I am not sure what it means, but you can inquire again if there is nothing after 50 days. I did a post about cases sent to headquarters on October 20, 2015. Take care, Jason
Section chief means the office supervisor, not the headquarters.
Do you think is a good sign that they gave me the number of days? At least they didnt say “just wait”
Thanks
I don’t put a lot of stock in such messages, but hopefully it is a good sign. Take care, Jason
Hey Jason,
I was interviewed more than 2 years ago but the asylum office never issued any decision on my application. In the interim, I renewed my authorization card for the**** time. Yesterday, I saw this following update on my work permit application:
Name Was Updated
On April 27, 2019, we updated your name for your Form I-765, Application for Employment Authorization, Receipt Number LIN**************. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address. Is this something common or it is just the blablabla we always see with their online case status update?
Be blessed
Hi! I got the same notification and already got my card after waiting for 4 months. It just means that someone is working on your application now and most likely they’ll send you the card soon.
Hey Jason,
I was interviewed more than 2 years ago but the asylum office never issued any decision on my application. In the interim, I renewed my authorization card for the**** time. Yesterday, I saw this following update on my work permit application:
Name Was Updated
On April 27, 2019, we updated your name for your Form I-765, Application for Employment Authorization, Receipt Number LIN**************. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address. Is this something come on or it is just the blablabla we always see with their online case status update?
Be blessed
I think this is blablabla. It probably just means they are processing the EAD application. Take care, Jason
Hello,
Recently I had interview at Newark office and after interview, the officer requested additional documentary evidence. I have the following questions regarding this:-
1. Is additional evidence and Request for Evidnece (RFE) the same thing?
2. What if I have limited evidence and then describe why is that in separate letter
3. Is that a hint for approval if provided additional evidence?
4. What’s gonna happen if did not provide any additional evidence or unable to provide?
Thanks Jason and group for all your commendable work.
1 – Yes. 2 – You can do that. Or if you do not have evidence on a certain point, you can provide an explanation. 3 – Maybe, but you can never really predict such things. At least they did not give an outright denial, so that is a positive sign. 4 – I do not know, but certainly if you do not respond, the case may be denied. Either provide the evidence or provide an explanation why you do not have evidence, but definitely, it is best to respond. Take care, Jason
Hi Applicant,
Could you please share your timeline? When did you applied in Newark office?
Finally, 5.5 years after filing for asylum and 1.5 year after the interview, I have received my asylum approval today! I still can’t believe It!
It was not easy to wait for such a long time and think about it every single day and night! But now it is over! Honestly this process made me so strong. I learned that I have to move on in my life and didn’t let this situation to stop me! I tried to be better and better in my work, started studying my PhD and now I am almost done with the PhD. All this time, I was thinking that if the officer reject my case, I have to be good enough to apply and get the Canada’s residency immidiately. This process is over now and I gained many acheiments during this 5.5 years. I love the US and I am so happy. I hope all of you hear good news too. Just never let these tough times stop you from getting what you want!
I am from a middle east country, I filed from LA and had just one interview.
Good luck all.
Congratulations and (finally) welcome to the USA! Take care, Jason
AHMAD, congrats! I am so excited for you. I love to hear good news for asylum seekers, especially when we have to wait so long for our interviews/ decisions. I am also happy to know that you continued to augment your qualifications by furthering your education while your case was pending a decision. This is good to share as many asylum seekers believe that they should put their lives on pause because their I-589 is pending an interview or decision.
Hi Ahmed,
Very happy for you. I am in the same shoes. A pending case for 5 years and gave an interview 2 years ago; Chicago Office – Circuit Ride. No decision yet. Doing PhD and thinking to apply for immigration to Canada upon completion hopefully. From a Middle East country too. I feel the exhaustion you went through bit by bit. So HAPPY for you man. Your story is hope in this era of hopelessness. Btw, what is your field of study?
Nice job.
Congrats with your asylum case.
Question
1. How do manage to register for PhD ?
I thought you should have valid passport visa and I20 from previous school. somehow you should be in legal status to apply for New I20. I thought it is impossible to register while you have pending asylum unless you have some kind of status.
asylee 12
As long as you have an EAD, you can do your Phd. With your asylum pending, most schools consider you a domestic student. Hope this helps! Just find a school, apply, get accepted, and things will work out hopefully
Hello Dear Jason.
I hope you doing well. I got approved few days ago. I already have authorization work which expire on January 1th 2020 and also I have restricted social security number. My question is Should I have to apply for a new EAD and unrestricted SSN and where ? Or my I94 now it is enough to prove that I’m eligible to work ?
God bless you and thanks a lot.
Congratulations! If you were approved through the Asylum Office, you should automatically receive a new EAD – it may take a few months. I think you will have to contact the SS office to get a new, unrestricted SS card. I did a post on May 16, 2018 that might be helpful. Take care, Jason
Hello, thanks for helping us, i have a question, dose the asylum office check our place where we work or our credit history to make sure where we do live after interview or begore?
I really appreciate for your answer.
I have not seen a case where they checked the place of work (or if they did, I never learned about that). Asylum is confidential, so they are limited in terms of what they can check. In terms of credit history, I do not know whether they check that when they do the general security background check. That said, you should assume they will know anything negative, so you can prepare your case accordingly. I will say that it is sometimes surprising how much they seem to know about people. Take care, Jason
Thank you so much!
HELLO JASON,
I RECEIVED NOID 2 MONTHS AGO AND THEN REPLIED TO NOID WITHIN 16 DAYS. I HAVE NOT RECEIVED ANY RESPONSE FROM USCIS. CAN I INQUIRE ABOUT MY CASE NOW? HOW MUCH TIME USCIS TAKES TO SEND RESPONSE TO THE APPLICANT?
THANK YOU
May I ask what status did you hold before asylum interview ?
The time frame is not predictable. There is no harm in inquiring, and so you might as well try. Take care, Jason
Hi jason
Hope ur fine
Im abit frustrated i would ask your suggestion for the very last time
My expedition was rejected two times once in 2017 and the recent i filed last week which i got the rejection today!!!!
What should i do? I applied from Virginia in January 2016 when do u think i might get interviews??? In normal route???
My other question is when i went to asylum office in person they said you can withdraw your files and apply again for asylum then you will be under LIFO category ??? How much practical you can see this ???
Because if I withdraw my case and i apply again my visa is expired in late 2016 ? How much do u see the chances? If i apply again and n with my case? Or if you have other options im too tired of this situation USCIS seems doesnt have common sense ? I have hd my all hospital report despite that they rejected me please answer my above concern issues
I would be appreciate then i will decide what to do!!!!
Under the LIFO system, no one can tell you when you will get an interview – the Asylum Office itself does not know. My guess is that unless something changes, it will not be any time soon. As for the idea of withdrawing the case and filing again under LIFO, I think that will not work, and that is strange advice for them to give you. Filing a second application (especially in Virginia) is a bureaucratic mess – you have to file with the Virginia Asylum Office; not the Texas Service Center (where a first application is filed) and they almost always lose it. Plus, the clock would start again from zero. Also, I doubt it would result in a fast interview, because they have to pull your old file and match that with the new, and by the time this happens, the priority period for LIFO interviews will likely pass. All that said, I have never tried this, so I do not know for sure, but I am very skeptical. The only other option to move the case, and I do not know whether this will work, is to file a mandamus lawsuit. We wrote about that on October 2, 2018 – you can look at that post and talk to a lawyer about whether it might be an option. Take care, Jason
Hello, Jason.
Thank you again for your invaluable help to the asylum community.
I have a question, again:
My wife filed I-730 for me about 11 months ago and the interview notice has finally come.
Would you please, please give me an idea of what happens on I-730 interview? Will my wife be asked questions about her approved case?
I have fired my attorney recently so can’t ask him.
Thank you in advance for any help.
Hi CL,
I can tell you to read someone else experience regarding I-730 interview in the USA in this forum. But first, would you please let me know if the online status of your case changed after you received interview notice?
Hello, sorry for the delayed reply – yes, the online status has changed to “your case was transferred to a local USCIS office”.
Check the the the passage written in September 24, 2018. Someone who is name is Charm fully wrote his experience on her I-730 interview in the USA. Thanks and wish you luck!
Hi.
Thank you for the tip, I found those comments and it was quite helpful.
We have already had the I-730 interview.
It was very laid-back.
The officer asked for our original birth certificates, then asked me when I first came to the US, how did we meet with my wife, if I have ever been married before (I was and he asked why did we divorce and what status did she have).
Then he asked for my passport, but I didn’t have the original with me – just copies. He kind of chuckled that I didn’t bring it.
Then he asked a few more questions, like are you still at the same address and when was your daughter born (our toddler was in the room with us).
He said he didn’t need joint tax returns and photos we had with us.
Then he asked bar questions (were you ever arrested etc).
It was on April 30 and on May 4th the approval came in mail.
So maybe this will help someone to calm their nerves in the future too.
Typically, a person is not asked about the approved case, but they could be, so you should be prepared for that. Also, review the form I-730 to make sure everything is accurate, as they can go over the questions there again. They probably also ask about whether there is any criminal record, terrorist activity or weapons training (the “bar” questions). Take care, Jason
Hi Jason,
I want to ask a question regarding work authorization as an affirmative asylum applicant.
So in my understanding, I am on C8 category EAD, so my work authorization is not sponsored by the company, right ?
That’s what I put in my job application. And then when HR/Recruiter ask about my legal status, I say I am not U.S.citizen nor green card holder. I am an asylum applicant with a C8 category EAD which doesn’t need sponsorship from the company. I ended up rejected because of sponsorship-related issue still since they say they want H1B or OPT > 24 months. This is the case for a number of companies I recently applied.
I guess my question is why this happens ? I am not sure but are most company’s HR not aware of C8 EAD ? Right now, I just feel like my C8 EAD, which doesn’t need sponsorship, is inferior to OPT & H1B, which needs sponsorship from company. Feel absurd… I almost feel as if I have no work authorization at all…Any opinion is welcome !!!
I do not do employment law, but what they are doing may be illegal – you might want to consult an employment attorney on that. Or maybe you need some type of explanation that you can give them, as they seem not to understand what your EAD is, and that it is renewable. Maybe a letter from a lawyer that explains the c8 EAD would help – you can show it to the HR people so they could better understand your situation. Take care, Jason
When you fill out a job application the question asks “Do you or will you require sponsorship…”
You answer no.
If HR at some point asks you what document you have, you say that it’s an EAD that is renewable and that you don’t need any sponsorship.
When you start working, you bring your EAD, which is a document from List A of an I-9 form. That’s all. No need to mention any categories and make your (and HR’s) life more difficult.
As an Asylum seeker when recruiters or HR ask what authorization you have. Tell them “Green Card EAD” don’t explain that it’s C08. Green Card EAD means that you don’t require any sponsorship.
I am not sure that is accurate, since you are not applying for a GC; you are applying for asylum. I would just say, I am applying for permanent status in the US and I have an EAD based on that application and I do not need sponsorship. Take care, Jason
Hi Jason,
I was checking the online us is processing times for registration for permanent resident after 1 year of asylum grant. It gave me a range of 7-24 months. Based on the cases you’ve seen. Do people wait 24 months to get their green card? It is a bit confusing to me. I mean this is 17 months difference in between best and worst case scenario.
Regards,
It is confusing to me as well. You would think they can give a better time estimate. Most cases we have done recently probably took around 14 months, but the time frame is not really that predictable. Take care, Jason
Hi Jason. I wanted to know how this calculation about 5% and 40.000 was made? Last statictics(february) says that there are 319.000 cases are pending. So if there are 40000 of lgbt cases it should be around 12%?
I am not sure, as I did not write the article, but I think maybe they are also considering the Immigration Court backlog. Also, the 5% is an estimate. No one really knows what percentage of cases are based on sexual orientation, as DHS does not keep such statistics. If I look at my own case load (which is probably not particularly representative, but it is all I can look at), I would say the number is closer to 10%, but maybe the authors have a bigger data set that they can look at. Take care, Jason
I got it. Thank You for reply.
Take care!
I think the 5% is inclusive of the applications in immigration court, the asylum offices, and the BIA that are pending an interview/decision . I too feel like the number is an estimate.
Hi Jason! I’am asylum seeker. My AED going to expire on June and I already apply for renewal. I have an emergency so I want to apply for advance parole. My question is must I wait for new AED before applying or I can apply now?
The EAD and the Advance Parole are not really related, so you can apply for AP even if you do not yet have the new work permit. Take care, Jason
Hello Jason,
I am Syrian. Came to the US 15 years ago through H1B. Worked using my H1B for a few months then I had to quit work for certain family hardship. (one of my family members was dying due to a cancer disease; so I had to be next to him). The office which I worked for and brought me to the US has been found, later-on (almost 13 years ago) involved in fraud cases. The government said this office was bringing people using fraud claims. The government placed me for deportation (although I was legally here and worked. My situation was not a fraud. But my bad luck that that particular office was working on both fraud and non-fraud cases). I applied for asylum (12 years ago) because I was afraid of returning back to Syria for certain reasons. My asylum case wasn’t decided and I had to apply for TPS (6 years ago) to stay in the US. Now, my son who is already a US citizen applied for me using I-130 and I won it. I applied for a green card using this I-130. The USCIS returned me to the court because they failed to render a decision with all these complications. During the court session, the judge asked me to show my passport (the expired Syrian passport). The judge expropriated (took) the passport without declaring the reason behind doing so and gave me another trial date after one year. My lawyer said he doesn’t know why they did that.
My question:
Any idea why did they take the passport? have you seen or heard of similar court behavior? If not seen, can you expect or conclude any reason behind doing so?
I do not know, but sometimes, judges take original documents. It is more common for the DHS attorney to do this. It is very difficult to get such documents back. If the I-130 is approved, you should be alright, as long as there is no decision by the IJ that you committed fraud (and so maybe the judge took the passport to somehow look into that, even though normally, that would be the job of the DHS attorney). If there is such a finding (of fraud), you may be eligible for a waiver. The delay is frustrating, though, but I am not sure there is much to be done about that. I suppose you could ask for an earlier court date, but that is not usually done and is probably not a great idea. Take care, Jason
Hi jason
My expedition reject for the very second time
First I expedited in 2017 it got rejected thst time
Last week I requested for expedition as well today again they rejected what should i dooo i applied from Virginia in January 2016 nooo reply yet
Will i be able to get any interviews ever please help me
If you have a new reason, you can try again. We have had success once (recently) with a second attempt, and once in a different case (a few years ago) with a third attempt. You might also talk to a lawyer about a mandamus lawsuit. I do not know whether it would work in this situation (pre-interview), but you can try. We wrote about that on October 2, 2018. Take care, Jason
DEAR JASON.
I am trying to change my address online with uscis but I am failing to complete the transaction.
Below is the message I get when I hint the submit button.
“You must select the form number associated to your receipt number. The form number you selected does not match our records for that receipt number.”
has anyone experienced this issue. Jason what do you think could be the problem?
thanks
VIO, Jason will respond. In the meantime, here below is an explanation of what I think is happening.
You first have to select the type of application that USCIS currently has for you- or the form number of the last application you submitted to USCIS. Examples of form number are: I-485, I-589, N-400, I-90, etc. There should be a drop-down list on the AR-11 that allows you to select the appropriate form number. You have to ensure that the receipt number matches the form number that you select. Go back over your documents that USCIS sent to ensure that the receipt number (a receipt number would read something like this (for example) LIN19966853…). If this doesn’t work, you should contact USCIS.
This issue was raised on one of my lawyer list serves today, and I expect it is a widespread problem. Maybe try again tomorrow. To be extra safe, print the rejection message, and save that, in case you are ever asked why you did not file the change of address more quickly. If the problem persists, you can also send the AR-11 by mail (keep a copy of that too). Take care, Jason
Dear Jason, could you please clarify if the following comment is true? Is it really true that EAD Clock Running means the application is denied and referred to the court? Is it possible that they are still reviewing and doing checks? Thank you so much.
ANTON
April 25, 2019
Yes, there is a way. Look at the sentence about EAD CLOCK. If it says RUNNING then you were referred to court if it is STOPPED than you got granted asylum.
Please share what it is.
I do not know whether that is true. Reading too much into their messages is risky, as they are not always consistent and so you never can tell for sure. Also, Anton was referring to a situation where the decision is mailed AND the clock is still running. If the decision is not mailed, then the clock will continue to run. Whether the message will indicate that the clock is stopped and the decision is mailed, and whether this means that asylum is granted, I am not sure. But maybe. Take care, Jason
Hello jason,
I have pending asylum case and also I have student status. I used EAD base on asylum to work. recently, I graduate from one university and transfer to a new program in another university. I cloud renew my I-20 and start new program. what would happen if my asylum denied? should I leave the US or continue my study without any future issue? do you think the asylum office would send me to court eventhough my I-20 is still active? I am realy affraid that ICE detained me and put me in detention center although I have not had any criminal record.
thank you
I think the chances of you being detained is extremely low (assuming you don’t commit a crime). If asylum is denied, they may send you to court – there is a memo from September 2018 indicating that students who are denied asylum may be sent to court, but that memo is not so clear, and I know of no examples where a person in student status was sent to court. If you want to continue as a student, you should try to do so. You can probably continue your studies as an F-1, or you could probably study using your asylum EAD. Also, if you were eligible for an OPT EAD, you can try that as well. Take care, Jason
Hi jason
I submitted my expedited forms last week its been a week in Arlington office va When do I expect to receive any answer!
Where they approve it or reject?
Can u please tell me? If they approved it will they sent thr interview date as well or first approval of expedition comes then interview? How long will it take usually? After submission of expedition case???
Sometimes, it takes a few days; other times, it takes a few months. Usually, they first send you an approval letter and then schedule an interview, but other times, they just schedule the interview. From the time of approval to the time of interview is unpredictable. We have seen in take a month or two, and in other cases is take 6 or 7 months. Take care, Jason
Hello dear Jason
I hope you and all doing well. I had my interview on June 2018 . Yesterday I checked my status using USCIS website and I got the new Update that we Decision Was Mailed
We reached a decision in your case. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what you should do next. My question,
Is there a way to know about decision if I’m approved or not before I receive mail. I’m really confuse and stress . I didn’t sleep two days ago. I tried to used immigration court number and I filled my alien number but I got that number not in system. I don’t know if it’s good sign or not .Thanks a lot dear Jason and God bless you.
I really hope and pray for you to get an approval notice. I understand it is very frustrating. Please share here with the asylum community so others may decode the message “decision was mailed” as it tells nothing.
good luck
Our clients have received that message in the past, and then have received a decision in a few days. Take care, Jason
Yes, there is a way. Look at the sentence about EAD CLOCK. If it says RUNNING then you were referred to court if it is STOPPED than you got granted asylum.
Please share what it is.
Hi Anton,
Hope you doing well. It’s says EAD Clock is currently stopped ?!! So are you sure about this? Please
Thanks a lot .
Let’s hope so – please let us know what happens. Thank you, Jason
Is this really true?
That’s a clever idea. Thank you, Jason
I’m waiting for interview 4.5 years already.
During this time I don’t believe I qualify for political asylum anymore since political situation changed in my country. Should I wait till interview or should I just leave US?
That is up to you. If you want to stay, you might talk to a lawyer to see whether you have any other alternatives. Take care, Jason
Dear Jason
I don’t know how to thank you for all supported. I ask my God to protect you all the time. Finally, I got approved by USICS. Today I will sleep without fair and stress. I’m asking my God to help everyone here. I would like to share my experience.
August 31st, 2017 applied for Asylum Chicago office.
Jun 6th, 2018 had an interview.
April 25th, 2019 got approved.
God bless all and all the best for everyone
Congratulations and thank you for sharing good news. And of course, Welcome to the USA! Jason
I hope my clock someday stops after interview😊.
Congrats and enjoy your piece of mind.
“Peace of mind” ,please.
Hi Jason, thanks for alwyas being helpful.
I applied for asylum in 2014 and after married to a uscitizen I obtain my 2 years green card and withdrawed my asylum application. she decided to file divorce for some reasons which related to her mental reasons.our marriage was real and we did not do that just for immigration purpose. I got engaged after few months with my current wife. she intends to file petition for me. can we go through this annoying process again? would it be possible to get my GC again?
thanks
If you are legally married to a US citizen, and you are eligible for the GC, you can go through the annoying process again to get a new GC based on the new marriage. An alternative is file again for asylum, but you should do that as soon as possible, as you have to file within a “reasonable period” after losing your status (if you lose your status). Another alternative is to file the I-751 by yourself. If you have good evidence of the first marriage, this is probably best option, or you could do it in combination with a new asylum case as a back-up plan. Filing an I-751 alone can be difficult, but it is possible to win – talk to a lawyer for help with that. Take care, Jason
Hi Jason,
I am an asylum seeker in the US and my individual hearing date is in 2021. I crossed the border from Canada and I recently noticed that I am under one the exceptions of Safe third country agreement. so my question is that is it now possible to claim for that exception and move the case from defensive procedure to affirmative procedure? many thanks.
I doubt that you can do that – once the court has jurisdiction, you cannot easily return the case to the asylum office (unless maybe you are a minor). I suppose you can make the argument to the Immigration Judge and see what happens, but I would not be optimistic that it will work. Take care, Jason
Some say because I crossed the border and entered illegally, and this agreement doesn’t apply to me, then the exceptions of it don’t either. is that correct? since I found this law:
This rule provides that an immigration judge may consider asylum issues regarding an alien who otherwise would be barred by the Agreement if DHS notifies the immigration judge that it has invoked the public interest exception. If an issue arises in removal proceedings related to the public interest exception, and it is within the jurisdiction of the immigration judge to address, the parties may raise the matter during the proceedings under the existing rules.
I do not know about that, but I do think you will have to look at this issue in your case, and so if you have a lawyer, you should discuss with the lawyer. I think the agreement probably does apply, but maybe you meet an exception. Hopefully, you have a lawyer for the court case and that person can look into this. Take care, Jason
Hello Jason, thanks for always being helpful and informative regarding the asylum process.
I’m still waiting for my asylum interview at the USCIS office. It’s two months before I can apply for the work permit. I wonder if it’s possible to request a local ID before the 150-days or I need to wait anyways? Thank you in advance.
Most states do not allow that, but I guess you can try – maybe check the DMV website first to see if there is guidance, as that is probably easier than going there. Take care, Jason
Hello dear Jason
I hope you and all doing well. I had my interview on June 2018 . Yesterday I checked my status using USCIS website and I got the new Update that we Decision Was Mailed
We reached a decision in your case. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what you should do next. My question,
Is there a way to know about decision if I’m approved or not before I receive mail. I’m really confuse and stress . I didn’t sleep two days ago. I tried to used immigration court number and I filled my alien number but I got that number not in system. I don’t know if it’s good sign or not .Thanks a lot dear Jason and God bless you.
I do not know how to determine whether the decision is good or bad, other than waiting for the letter. Normally, it arrives in a few days. I suppose you can try going to the Asylum Office to inquire, but not all offices allow this, and I do not know whether they would tell you the decision if you did go. Probably, it is best to just wait for the letter. Good luck, Jason
I got a drivers licence from Maryland when my status was B2 and it was valid for 6 months only, and then after filing asylum I renewed my licence with the receipt but I talked with the supervisor at DMV and he granted renewal for 9 months so you can try. And after I got my EAD I again renew it for 2 years
I am a trans asylum seeker and I couldn’t agree more with your post.