In case you haven’t noticed, President Trump is not a fan of asylum seekers. His Administration has taken a number of actions to block asylum seekers from coming to the United States and to reduce legal protections for those who are already here. Now, the President has issued a policy memo instructing the Attorney General and the (acting) Secretary of Homeland Security to propose new regulations and re-arrange resources to further discourage migrants from seeking asylum in the U.S. Let’s take a look at this most recent move, and how it might impact the asylum process.
As a preliminary matter, the news is not all bad. In Section 2 of the memo, the President re-affirms his commitment to the humanitarian immigration system: “It is the policy of the executive branch to manage our humanitarian immigration programs in a safe, orderly manner that provides access to relief or protection from removal from the United States for aliens who qualify, and that promptly denies benefits to and facilitates the removal of those who do not.” While it may not be big news that the Administration will provide “relief or protection… for aliens who qualify,” since failing to do so would violate the law, we have to take our good news where we can find it.
In addition, the thrust of the new proposals seem directed towards migrants arriving at the Mexican border. Indeed, the express purpose of the memo is to address the on-going “crisis” in “our immigration and asylum system… as a consequence of the mass migration of aliens across our southern border.” It appears that some of the coming changes will affect all asylum seekers–as opposed to only those entering from Mexico–but we won’t know for sure until the AG and the DHS Secretary draw up the new regulations.
Finally, it is important to note that none of the changes in the memo have gone into effect–yet. The President has ordered his team to propose regulations within 90 days, and after that, it will likely take additional time to implement those changes (and some may be challenged in court). So for the time being, none of the new rules listed in the memo are operational.
Turning now to the specifics, the memo calls for several significant changes:
First, as I read the memo, it requires all asylum applicants who pass a credible fear interview (an initial evaluation of asylum eligibility) to present their cases before an Immigration Judge. Previously, certain applicants–most notably, minors–could present their cases in the less-confrontational environment of the Asylum Office. Now, it seems, they must present their cases in court.
Second, the memo requires that, “absent exceptional circumstances, all asylum applications adjudicated in immigration court proceedings receive final administrative adjudication, not including administrative appeal, within 180 days of filing.” [please assume there is a long pause here, while I laugh and laugh, and eventually compose myself well enough to continue writing]. This ain’t gonna happen. No way. No how. It’s another iteration of what Judge Paul Wickham Schmidt famously calls “aimless docket reshuffling” or ADS. ADS is the process whereby a new Administration comes in and imposes its particular priorities on the Immigration Court system. The very predictable result of ADS is that cases get re-arranged, judges lose control of their dockets, and most everything gets delayed much longer than if management had just left well-enough alone. The Trump Administration is by no means the first to practice ADS, but they do seem to indulge in it more frequently than prior administrations.
Third, the memo calls for “regulations setting a fee for an asylum application not to exceed the costs of adjudicating the application… and for an initial application for employment authorization for the period an asylum claim is pending.” In other words, the government wants to charge asylum seekers to seek asylum (the affirmative asylum system is currently funded by other immigrants when they pay USCIS fees). How much this fee will be, we don’t yet know, but if the fee is meant to cover the cost of adjudicating the asylum application, it won’t be cheap. Will the fee include the cost of security background checks? Immigration Court proceedings? These processes are expensive, and few asylum seekers can afford to “do business” this way.
The memo does not indicate what happens to people who cannot pay, but we can’t just deport them. Indeed, the Immigration and Nationality Act (section 241(b)(3)) and the Convention Against Torture prohibit the U.S. from returning people to countries where they face certain types of harm (this is separate from, but similar to, the asylum law). Such people apply for relief using the same form (I-589) as asylum applicants. Will the government adjudicate these other types of humanitarian applications where the person is unable to pay for asylum? We don’t know this either.
Perhaps those who cannot afford to pay will be eligible for a fee waiver. That would help, but fee waivers require significant work to complete, and so, at a minimum, many lawyers would raise their fees (since we are paid for our time). This would make it more difficult for asylum seekers to obtain legal counsel.
As I read the memo, it also seems to be calling for a fee for the initial Employment Authorization Document (“EAD”). Currently, the first EAD for an asylum applicant is free. Renewals cost money (currently $410). EADs are valid for two years, and fee waivers are available, so this particular requirement, while harmful to asylum seekers, is probably not that damaging.
Fourth, the memo calls for regulations to “bar aliens who have entered or attempted to enter the United States unlawfully from receiving employment authorization before any applicable application for relief or protection from removal has been granted, and to ensure immediate revocation of employment authorization for aliens who are denied asylum or become subject to a final order of removal.”
Currently, an alien is eligible for an EAD 180 days after she files for asylum (she can submit the application 150 days after she files for asylum). If the new memo is implemented, asylum seekers who “entered or attempted to enter the United States unlawfully”can no longer receive an EAD unless and until their cases are granted. As the memo is written, this provision would probably not apply to an alien who arrived in the U.S. with a visa, but that is not entirely clear. The phrase “entered or attempted to enter the United States unlawfully” is subject to interpretation, and if interpreted broadly, it could block some asylum seekers from obtaining an EAD, even if they entered the U.S. with a visa (for example, if the visa was procured by fraud).
Ironically, if the government succeeds in adjudicating asylum cases within 180 days (and I am skeptical about that), the EAD provision will become less important, since cases will either be granted or denied before the alien is eligible to obtain his EAD. If the case is granted, the alien will be eligible to work immediately, and if it is denied, he presumably (based on this memo) would be ineligible to work while the matter is being appealed. The problem will be for applicants who face long delays, and are unable to work lawfully. How will such people survive the wait?
Finally, the memo calls on the Secretary of Homeland Security to “reprioritize the assignment of immigration officers and any other employees of the Department as the Secretary deems necessary and appropriate to improve the integrity of adjudications of credible and reasonable fear claims, to strengthen the enforcement of the immigration laws, and to ensure compliance with the law by those aliens who have final orders of removal.” It’s unclear (at least to me) what this means, but it seems like another version of ADS. Perhaps the plan is to shift resources away from adjudicating immigration benefits and towards enforcement. While this would certainly cause even more delay for individuals, families, and businesses who rely on USCIS, any boost to the asylum or enforcement sections of DHS seems unlikely. There is just not a lot of cross-over between the different functions of DHS, and so there are only so many resources that can be shifted around. In other words, I doubt the DHS Secretary can arm Naturalization officers and enlist them to chase after aliens with final orders.
President Trump’s memo leaves many unanswered questions, and so we will have to wait for the new regulations to learn the specifics. While some of these changes may be blocked by courts, others will likely go into effect. The result will be a further erosion of our proud tradition as a beacon of hope to those fleeing harm.
Hello Jason,
Could you please explain what the new rules for asylum systems will effect us we are the people waiting for the interview for a long time is there will be any solution to this issue with new Trump rules for asylum seekers.
Thanks,
I think the rules he proposed will not do much for the people waiting, but we will have to see how the rules are implemented. For now, the only real solution is to try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Thanks Jason
Hello Jason,
Good day to you. Thank you for your regular assistance in the forum.
I will like to find out the implication of the dependants of the principal asylum seeker visiting the country of origin after granting asylum. Does it affect the dependants as much as the principal.
If u have articles that has dealt with it; I will appreciate the links to them.
Thanks
I did not write about it, but in terms of the law, there is no effect. The issue would be if the officers at the airport, upon return, do not understand that the person is a dependent, and give the person a hard time. The person should explain that he is a dependent and – unlike the principal – did not have a fear of return to the country. Legally, a person can win asylum and her family member dependents should be able to return home with no problem, but in the real world, I think it is good to be cautious, this is doubly true if the principal’s asylum application indicated that the whole family is in danger (in that case, the dependent’s return trip might cause DHS to suspect that the principal’s application was false). Take care, Jason
Hi Jason,
I’m on a pending asylum from Eritrea and I just want to meet my parents in Thailand with the travel document.
How much is the risk when I get back? Does it has an affect during interview?
Kindest regards,
If your asylum is pending and you are not in court, you can file for Advance Parole. I wrote about that on September 11, 2017. If you get that, and you travel while it’s valid, you should be able to return (and remember – AP is only a paper that allows you to re-enter; it cannot be used as a substitute for a passport, so you will still need a passport to travel). I have never heard of anyone with valid AP being refused re-entry into the US. Take care, Jason
Hello Jason,
My passport is expired and I couldn’t renew it. What shall I do?
It may be best not to renew the passport, depending on your case. If you already have asylum, you can apply for a Refugee Travel Document (form I-131, available at http://www.uscis.gov), which can be used as a passport. Take care, Jason
Good afternoon. I am dependant on my father’s case right now. And I’m planning to go to college for this Fall semester. I wonder wether taking financial aid impacts our case and future Green Card in any way. Thank you.
It should not, at least for asylum seekers and people who get a GC through asylum. If you decide to get a GC some other way (through marriage, for example), it might be a factor to consider in the “public charge” calculation, but I think financial aid through college should not be an issue. Take care, Jason
Hi Jason
Can you help me know what is the process for renewing a work permit.
Mine expires in August 2019.
Do i need to do it earlier? or will it be auto renewed?
Does my work place need to know of my work permit renewal or do i just renew it and handover a copy to them.
Thank you
You need to submit form I-765, available at http://www.uscis.gov with the fee ($410) or a fee waiver (form I-912) and the supporting evidence – such as a copy of your old EAD, front and back, proof of the asylum case, two passport-style photos, and maybe other evidence as required by the form, such as criminal/arrest records, if you have any. Check the form instructions for everything you need. You can renew now, and since the process is not so fast, the sooner you file to renew, the better. Take care, Jason
Hi Jason how far in advance can you apply for a work permit renewal? Mine expires in November 2019.
Also what if your clock is currently stopped ? I asked for an interview reschedule but am still awaiting a new date. Clock is over 600 days currently.
Thanks
Once the clock passes 180 days, there is no effect on the work permit if it stops. You can apply to renew up to 180 days before the old card expires. Take care, Jason
Thanks for your response Jason
I have a question.
There is an arrest record for my husband due to a fight we had over a year ago.
I then decided to take the case back and from a domestic violence case it was bought down to simple battery. I did this because i wanted things to reconcile for us to live a better life so that he doesnt get affected with his pending asylum case or to obtain a green card.
Now that we are renewing the work permits as a family is this going to affect him in any way?
Please can you share as much advice you have to help me process the Employment authorisation.
My son is 5 do i need to apply for him as well not is not necessary.
Many thanks for your time
Assuming he is applying for a work permit under category c-8, your husband will need to provide evidence of the arrest and disposition (outcome) of the case. A conviction of simple battery should not block him from the work permit. Whether it will cause a delay in processing, I am not sure, but it might. As for your son, you can apply for him or not – it is up to you. Most people get the first EAD, as that is free and the child can get an SS number, but they do not renew the EAD since the child does not need to work. Take care, Jason
Many thanks Jason
When you say provide evidence.
The court did not give us any documents, He was asked to do community service and complete a course. He did do both.
We just have documents pertaining to that. on the day of the hearing he was told the case is dismissed.
And we walked out.
Do i need to go back to the court to get the documents printed.
Please Advice
Thank you .
I would go back to the court and get a copy of the documents. Ask for a “certified” copy – which means the clerk will put a stamp on it. Take care, Jason
Hi Jason,
I really appreciate all your comments and articles here. I have a question about 10 year bar. If the condition in my country will be better for me in the future and I will have decided to go back, I was wondering if I will be the subject of the 10 year bar?
I came to the US legally and applied asylum after 3 days of my due date of permission.(6 months after I entered the country)So When I applied Asylum I was overstayed for only 3 days. Would it be a problem or will I be an exception as an asylee.
Thanks
A pending asylum application stops the clock for purposes of unlawful presence, so that means you have only 3 days of UP. If you leave, you would not be subject to the 10 year bar. However, if you do that, you need to withdraw your asylum case. If not, the case would eventually be referred to court where you would be ordered deported (since you could not show up to defend yourself). This deportation order comes with a 10-year bar. Take care, Jason
Jason, also, “ASYLEE” could be subject to the 3-year bar since s/he would have accrued more than 180 days but less than 1 year of unlawful presence during a single stay in the United States. While a grant of asylum doesn’t, in theory, remove the 3 or 10-year bar because of accrual of unlawful presence, asylees with a valid RTD are usually not- because of the humanitarian nature of the status- subject to the 3 or 10-year bar (in practice, at least).
Hello, i have asylum case pending and i sent work permit request since one month ago , and that after 150 days pending from my asylum case , but so far I didn’t receive even the first letter that they said we received your request for work permit and we work on it , although I have friend here he submitted his request for work permit in the same time I sent, and he got his work permit yesterday, so how can I check with them ? if they received my request or not or to figure out what happened, how can I contact with them ? .
God bless you
Thanks
I lives in tn and i sent my Request to Dallas
Hi jason. I have question about my I 485 application. I was granted asylum last year in March so then now I applied for my green card on April this year. So almost a month uscis received my application but I didn’t received first receipt from uscis. So kindly tell me approximately how much time is to receive first reciept from uscis. I have delivery confirmation reciept so they receive my application. Thanks
Usually, most people get the receipt in 4 or 5 weeks, so hopefully, you will receive it soon. Take care, Jason
I think it is too soon to worry. There are all kinds of delays and two cases filed at the same time are often processed at different rates. Probably you will receive the receipt soon. If you don’t have it in a week, you can try calling the USCIS to ask – you can find their number at http://www.uscis.gov. Take care, Jason
My case is refers to court by asylum office .what will happen now they give me a date for court 3 sep. Please guide me what to do my Attorney he charged me 5000 now he want more fee. And is it possible they will give me final decision on my case
Thanks a lot
I wrote a post about this (describing the process) on March 7, 2018. Most lawyer (including me) charge an additional fee for court cases, as it is a lot of work, even if we did the affirmative case at the Asylum Office. If you are happy with the lawyer, it probably makes sense to continue with him. If you are not happy, you can certainly switch. Take care, Jason
If you don’t mind would you please tell us what year did you file?
Hi Jason,
asylum office approved my expedited request a few months ago and the decision came in the form of NOID. There were multiple misunderstandings in the NOID which were clarified in the rebuttal with substantial evidence. It has been a 2 months since I submitted response to NOID in the form of rebuttal but i have not heard anything yet from USCIS. Can i request an expedite request again or is it too early? Secondly, can USCIS issue NOID without background check? I just wanted to make sure that my background check is completed.
Thank you
1 – You can contact the asylum office and ask about the status of your case – You can find their contact info if you follow the link at right called Asylum Office Locator. You can also mention the reason you need a decision quickly. 2 – I am not sure about this, but that would make sense (of course, applying logic to the asylum system is usually a fool’s errand). Good luck, Jason
I think they don’t need background check result for a denial. So NOID may be made prior to your background check complete.
Hello Jason
I have recently got married and added my wife as a derivitave to my asylum application. I haven’t received a receipt or any type of confirmation confirming that she was added. I’m wondering if this’s normal.
Also, If she needs a proof that she is under asylum process, what’s the best way to have that documented.
Finally, is she eligible for EAD if she submits an application as of now, or it’s best to have it sent with my EAD renewal when it’s time to do so?
Thank you!
Adding a spouse can be very difficult, as the asylum office often fails to do its job and get the person added to the case. If she is added, she should receive a fingerprint appointment. If that did not happen, I am not sure that she has been properly added. Contact the local asylum office to ask – you can find their contact info if you follow the link at right called Asylum Office Locator. Once she is actually added, she can apply for an EAD on the same schedule as the principal. So if you have an EAD already, she can apply as soon as she is added to the case. The first EAD for the dependent is free, and her application for EAD is separate from yours – you do not have to mail them together. Take care, Jason
Hi Jason,
Thanks for all your help and support I have 2 questions
1) I applied for asylum in Arlington office in August 2018 I already have my EAD but no interview I have seen few people who applied after me and got the interview done, when can I expect my interview
2) I am planning to go to California next month by air so can I use my driving licence and EAD card as a I’d at the airport, and I will have no issues in traveling domestically
Regards,
Najeeb
1 – Under the LIFO system, no one knows when your interview will be, but they are doing very few cases from the backlog (yours is in the backlog), and they are generally doing oldest cases to newest, so you probably have to wait for all the 2015, 2016, 2017, and some 2018 cases before your interview. We did get a case randomly called for an interview for someone who filed in 2017, so maybe that is a possibility. Otherwise, you can try to expedite – I wrote about that on March 30, 2017. 2 – I have not heard about anyone having problems if they have those documents. Also, you might bring your passport if you have one, and copies of asylum receipts, to show that you have a pending case. Take care, Jason
Dear Jason,
Does this mean that the documents submitted in 2014 have already been finished? Because I submitted in 2014 in Arlington and still haven’t had an interview. Thank you.
Most are finished, but maybe some remain. If you filed in 2014, you might want to contact the office to inquire about the case. You can email them or make an Info Pass appointment to check in person. There is a link at right for Info Pass and also for the Asylum Office Locator, where you can find their email. Take care, Jason
Hi Jason,
Thanks for your help. I have a question. My wife was added as a dependent to my asylum application. She is from a third country (Germany). She currently holds a valid F-2 and I20. However, she plans to visit Germany in the next couple of months. My question, is she still required to apply for advance parole or she can re-enter with her valid visa and I20? secondly, do you think she might face problems at the port of entry? if she returns with a visa?
Thanks and look forward to your answer.
Hello Asylee,
I have also added my wife as a dependent, and I’m wondering if you have received a receipt or any type of confirmation confirming that she was added.
Thank you!
Hello Asylee,
Yes, I received a confirmation when she was added. She has also completed her fingerprints. However, I had to contact the asylum office before they could send her a letter for her fingerprints. Maybe you would have to do the same.
Thanks for replying. What kind of a confirmation it was? was it an asylum receipt through mail like the one for main applicant?
My situation was a little different. She was added during the interview and the asylum office said we should receive the fingerprint appointment letter in mailbox which also serves as a confirmatiom that has successfully been added. However, I did not receive this letter so I had to contact the office. We received the fingerprint receipt few days after they received my letrer, which confirmed that she has been added.
The safest thing is to get AP. The problem for her is that the F2 visa is only for a temporary visit, but since she is now a dependent on an asylum case, she is asking to stay here permanently (based on asylum). This is in conflict, and so they could deny her entry into the US, unless she has AP (I wrote about AP on September 11, 2017 – she will need to show a “humanitarian reason” for the travel, which is not always easy to show). If she has AP, she should be allowed to enter the US; otherwise, she could have problems. Take care, Jason
Hello Jason
Please I need some clarification
Just read one of your comments below that one does not need explanation to apply for RTD after asylum granted?
Have been wanting to meet my husband in 3rd world country, but was afraid that they might deny couple with the fees😔.
Please I need your help.
Thank you
Hello Asylee,
Yes, I received a confirmation when she was added. She has also completed her fingerprints. However, I had to contact the asylum office before they could send her a letter for her fingerprints. Maybe you would have to do the same.
For Advance Parole (a travel document you can get while asylum is pending), you need an explanation – I wrote about that on September 11, 2017. However, if you were granted asylum, you can apply for a Refugee Travel Document – for that, you do not need an explanation. Both documents use form I-131, but you have to fill out the part that relates to the document you are applying for. Take care, Jason
Thank you Jason
Kind regards
Hi Jason, It has been always confusing to me to understand the concept of Advance Parole clearly since it does not specify anything about pending asylum cases. However, as everyone discuss here, we are who has still their pending asylum cases has a way to apply for an advance parole to go to a third country to see their family members if there is any humanitarian reason like serious illness or death. In this case, when I clearly look at the application to fill, pending asylum cases are choosing 1-d which is under the question of application type which refers to the advance parole to be allowed to return to the US after a temporary visit and the fee according to the instruction is $575 which does not require any biometrics. Am I right with this? Can you please inform me about that? Thanks.
I do not know the specific category by number, but it should be based on a humanitarian reason and the fee is $575. Take care, Jason
Hi Jason
I have a family friend who is here in the US on this application code: WAC——-,
My friend Rincy’s sister applied for green card for Rincy and her spouse and the kids as well. This application is pending since November 2011. The family is now in US, they travelled all the way from Dubai thinking it would be possible to expedite the case.
The application process is taking longer than expected. Is it possible to expedite the application with an attorney?
What are the other options for them to be able to obtain a work permit and SSI.
Our friends came to US on visit visa which is running out in July 2019, are they going to be out of status.
Is it going to be an issue for them to obtain work permit and SSI based on this application?
Do they need to exit the country and renew visit visa and come back, ( This will be their second time exiting the country to come back in for 2nd stay in the last 8 months)
To be honest they are here for good and are not willing to go back this time. However there are afraid to be out of status and so had to back to Dubai to renew visit visa. This application is under Indian national.
Your best possible advice is always appreciate! Thank you for always providing words of support and encouragement to millions of us on your blog.
We are very grateful.
I erased the receipt number as that is private for your family. As for the questions, I can really only address issues here related to asylum. They should talk to a lawyer, but even with a lawyer, there is no way to make the sister’s petition faster, and in order to take advantage of it, they would either need to leave the US and get the GC overseas, or remain in the US in some lawful status until the petition is current (you can Google “DOS visa bulletin” to see when it will be current). Maybe there are other ways to stay in the US – talk to a lawyer to review the options. Take care, Jason
Hi Jason,
How much do you charge for Mandamus lawsuits? What are the negative sides of this lawsuit?
I do not do such cases. But fees range are all over the place – Probably $2,000 to $4,000 is a normal range for a mandamus in an asylum case. The main downside is that if the Asylum Office cannot issue a decision because security checks are not complete, they will deny the case. That may be better than waiting forever for a decision, though, and if the case goes to court, you usually will not see the type of indefinite delays that you see at the Asylum Office. Take care, Jason
Hi Jason
Can I apply for reentry permits while my travel documents is still valid .
I think if you are applying for a Refugee Travel Document, and your old RTD is still valid, you need to send in the original RTD with the application for the new RTD. Double check the instructions to be sure. Take care, Jason
About that. Is it faster for 2nd time applications to process? For instance sending a valid RTD along with a new application?
Thank you Jason,
I am not sure – the time frames are very unpredictable, and I have not really paid attention to how long it takes to get a first RTD vs. a renewal. I would not count on it being faster, though, as very few applications are processed quickly these days. Take care, Jason
Hi Jason,
Could you please advise me the backlog asylum interview timeline for Newark office. Do you know anyone that has applied for asylum in July 2017 and got interviewed?
Thank you so much!
I don’t know. However, Newark is one of the offices that is moving relatively quickly. All the cases we filed there have been interviewed under LIFO. I do not know how they are doing with their backlogged cases. We may get some data about this later this month or next, after the Asylum Division quarterly meeting. If I have anything interesting, I will post it here. Take care, Jason
Thank you so much!
Hi Jason, Thanks for the information you provide in this blog, which everyone appreciates it largely. I have 2 questions:
1. Have you ever heard (and/or processed) people for green cards who got their I-140 approved DURING removal proceedings before the court in asylum ? I was surprised that someone here in this blog wrote and said he got his I-140 approved while he is in removal proceedings. This being said, how successful can it be ? Do yo people with these circumstances get the judge to terminate proceedings and do they eventually get green cards (whether adjustment of status or had to travel abroad) ?
2. How long is it normally taking to sponsor a spouse to come to the US based on an I-730 approved asylum petition ? do you have a range ?
Thanks a lot
Hisham
1 – It may be possible, for example if the person is eligible for INA 245(i) or maybe in some case where they have TPS. There is also a possible path for people who have filed for asylum and had their cases delayed for a long time (I wrote about that on August 28, 2018. I have never done such a case in any of these scenarios, and I have not heard about anyone doing any of these successfully. The only one I have confidence in is 245(i), which will work, but it is only for people who have been in the US since prior to December 2000 and who meet other requirement. 2 – The I-730 is taking longer than it used to – maybe 9 to 12 months. Consular processing is not very predictable, but we see anything from a couple months to long delays with no end in sight. However, I suspect most consular processing cases will be completed in less than 6 months. Take care, Jason
If I win a DV lottery, can I change my status and apply for green card, While my case in removal proceeding and my first hearing after a few days.
Probably not, but there are a few exceptions that might allow you to do that – talk to a lawyer to be sure. Also, I wrote something about this issue on October 5, 2015. Take care, Jason
Hello Jason,
What could be the estimated waiting after the biometrics appointment for a RTD? Nebraska office Center.
Rwegards,
It used to be faster, but lately, I think they are taking 4 to 6 months. Take care, Jason
Hello Jason,
I live in Missouri state, got refereed to court and the first hearing is in September 3rd, can I move and change to San Francisco after the first hearing is held ?
You can move and file a motion to change the court to SF. You can do that before the first hearing, or after. For the most part, judges will allow you to move a case, but if you are too close to the final hearing, the judge may not allow it. Take care, Jason
Hi Jason and others,
I am wondering if you or someone else share his/her experience with Ombudsman office. Do you think they will be able to resolve a delayed pending petition? I submitted a request to CIS ombudsman office and they said that they will get back to me after 90-120 days after request submission. Should I be hopeful and optimistic for their promise regarding my petition? I have a forever pending I-730 petition. Thanks
They might help. Their office used to be better. Now-a-days, they are more concerned with looking for fraud than helping with delayed cases, but they might be able to help. We are seeing delays for many I-730 petitions. If it seems too long, you might also think about a mandamus lawsuit – we wrote about that in the context of the asylum case on October 2, 2018, but the same lawsuit might work for an I-730. Take care, Jason
I have changed my address from NJ to Michigan like a year ago. I wondered where my case is now. Is it still in NJ or moved to Chicago? I have not heard anything from Chicago office so far. How can I know?
Contact your new asylum office and ask. You can find their contact info and email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason
Could you please tel me what’s the exact meaning for this notice that I got it ,After I applied for green card i-485 I got receive notice and after less than 3 weeks I got the other notice said ( this notice informs you that USCIS is able to reuse your previously captured fingerprints and other biometrics, USCIS will run the same security checks and use your biometric data as in the past, however it is not necessary for you to appear at USCIS application support center . Is it a good sign for to make the process faster .?? But I did biometric for travel documents jun last year.
Thank you for responding
It sounds like they do not need you to do fingerprints again. I guess that is good, as it saves you the trouble of going to an appointment. Whether it will make your case faster, do not know. We are typically seeing I-485 cases take 12 to 14 months, but some are faster and others are slower. Take care, Jason
Hi Jason,
While in removal proceeding my petition for TPS and I-140 Approved. My next hearing in Dec 19. Can I file directly AOS through USCIS or I have to wait to file in court?
Thank you for your help.
If you are eligible to get the green card based on the I-140 (and I do not know whether you are – talk to a lawyer about that), then either you can get your GC from the judge or have the judge terminate proceedings and get your GC from USCIS. The key is whether you are eligible to adjust status without leaving the US. I do very few I-140 petition, but generally someone in your position without TPS would have to leave the US. If you have TPS, you may be able to get the GC without leaving. Talk to a lawyer to be sure about that. Take care, Jason
Hi Sam,
Did you get your I-140 at the time you were in removal proceedings ? and have you heard of anyone being able to finally get a green card when he/she was out of status (pending asylum in court ) ?
Thanks
H
It looks like after asylum office denies a case, the applicant is no longer able for AOS within the US. Case Law:
In 2004, the Board of Immigration Appeals (BIA) denied an AOS appeal for an asylee applicant because the applicant failed to maintain lawful immigration status. In this case, the applicant filed the AOS application after receiving a denial on her asylum application and after her nonimmigrant status expired. The court found that “once the DHS has acted upon a pending asylum application, the “technical” reasons for the violation cease to exist, and the applicant may no longer be considered to be out of status for technical reasons.”
https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-42832/0-0-0-48843.html
Some asylum applicants might be able to do AOS within the US if I-485 was filed before the affirmative interview or before the Asylum office denies the application.
Interesting – Thank you, Jason
I have been accepted into a school program in Canada which will last 10 months and I am hoping I will get a job there after completion of the program. If I decide to go there, will my asylum application in the US create any difficulties in getting a student visa? My individual hearing is scheduled for 2022 and what steps do I need to take before leaving the US? I read about voluntary departures; is that something I can get before my court date? My husband is LPR in the US and I might try to come back here in the future if his petition works out.
You should talk to a lawyer – you don’t want to inadvertently end up with a deportation order, which could block you from returning to the US for 10 years. You might be able to get voluntary departure, so you could leave the US without a deport order. It may be possible to do that by filing a motion with the judge, or you might need to schedule an earlier hearing. If you just leave, you will eventually get a deportation order, once your court date arrives and you do not show up. Take care, Jason
I did 3 interviews for 3 different years annually, my case status online was application is pending for 6 months and it has been changed to decision pending so what that mean is any change will be ?
I think that just means the interview is done and you are waiting for the decision. Take care, Jason
Hi Jason,
Does an IO can make a decision on a case based on marriage if the beneficiary has a pending asylum case?
I had my marriage based interview about three months ago, and I haven’t heard anything back yet. I am worried that due to my asylum case, a judge has to approve my I-485 form not an IO? Any advice?
Thanks a lot!
Jason, I sent the application and evidence for an asylum-based green card. It was accepted (I received a text notification and a notice of action) a week after I was received.
I am based in California so I sent it to the Phoenix center. My lawyer said they can process it and we’ll receive the card within 3 to 6 months, which sounds too good to be true. Any insights on your end? Thanks!
Processing times vary across the US, so that may be correct. You can check processing times at http://www.uscis.gov, and that may give you some idea (where we are, it says the GC takes 8 to 20 months). We have been seeing such cases take maybe 12 to 14 months. They used to be faster, but maybe in CA, it is 3 to 6 months. Hopefully. Take care, Jason
Indeed, my case is handled by the Nebraska processing center and it shows a range of 9.5 to 19 months. I wonder if asylum-based applications have a priority over other types of GC applications.
We’ll see if we get a biometrics appointment in the next few weeks, if not, most likely the processing times will be within the stated range.
Not all GC applicants get a biometrics appointment, but most who do have such appointments get them in the first month or two. Take care, Jason
If you have a case in Immigration Court, the IO (at USCIS) can make a decision on the I-130 petition, but not on the I-485 (green card application). There are different ways to get the GC in this situation. Sometimes, the judge will dismiss the case and you can get the GC from USCIS. Other times, the judge will approve the GC. Take care, Jason
Jason,
Is there a away to check if my case still pending at Chicago Asylum office or its in an immigration court?
Thank you!
If you call 800-898-7180, and enter your Alien number, the system will tell you whether you have a case pending in court. Also, you can check http://www.uscis.gov and enter your asylum receipt number to see whether there is a decision in your case (assuming it was/is an affirmative asylum case). Take care, Jason
Hey Jason. Thank you for your support.
I want to apply for refugee and asylee travel document. My Asylum get approved two week ago from Houston.
My question is, I want to go for Religious Ceremony (Umrah) to Saudi Arabia. Is it valid reason? And please can you tell me which address I need to send the application form I-131. My location is Houston, I need to send it to Dallas lock box? How much time normally take to get refugee documents?
Hey Jason,
My Asylum approved two weeks ago, and my age is 27 year old. I trying to apply for selective service system to apply for it. But online I can not do it. Because application only open if your age is less then 26. Can please advise me what I need to do? Ignor then, or I need to apply some other way
I think you do not need to register if you are over 26 years old. If you are interested in joining the military, you would have to contact the recruiter for the branch you want to join. Take care, Jason
I can join military? I don’t green card I just have Asylum granted document, with out green card I can join Military?
I am not sure – especially now, as the military seems to be rejected people who are not US citizens. If you are interested in that, you would have to contact a recruiter and ask. Take care, Jason
If asylum is approved, you file for the Refugee Travel Document – so only complete the parts of the I-131 that are for everyone, or that are for the RTD. As long as you are not from Saudi Arabia, you should have no problem going there. You do not need to give a reason to get the RTD. Anyone who has asylum can get it. As for the address, you just have to check the Direct Filing Addresses with the form instructions. The RTD used to be faster, but these days, people seem to be waiting 4 to 6 months for them. Take care, Jason
Hello Mr. Jason
I have an asylum case pending with immigration court , so can I apply for travel document since my wife is sick and I need to take her to a third country for treatment?
Unfortunately, if you travel, even with Advance Parole, it may be considered a deportation (since you are in removal proceedings) and you may not be able to return. It may be possible to get permission from DHS to travel, but I have not heard about anyone doing that, and I do not know if it is still possible. The short answer is that most lawyers will tell you that you cannot travel and return. However, I have seen people travel with AP and return, but they certainly do risk not being able to come back to the US. If you are willing to take the risk, you might have your lawyer (if you have one) contact DHS (the prosecutor in Immigration Court) and see if they have a position on the matter. I think if you do travel, you may not be able to return, and so you should be aware of the risk, even if you are able to get Advance Parole or other permission. Good luck, Jason
Please ensure you can get visa to ksa, no gulf country including Saudi accepts RTD as a valid travel doc. You will not get visa.
Hi RTD,
How can we get visa if we do not have passport here(passport is expired)? I am planning to Dubai to visit my family in a third country, how can i check if they accept RTD or advance parole?
You can google or check with embassy. For online uae visa, there is no option to select anything other than passport on the menu. But I am pretty certain GCC countries don’t accept rtd.
Sometimes, the embassy website will give this info. You might also try contacting the embassy. Unfortunately, not all countries accept the RTD. Take care, Jason
Hi Jason! I have a quick question. Is it possible to apply for travel document the time I’am waiting for marriage interview?
It depends on your status, but you may be eligible – check form I-131, available at http://www.uscis.gov. If you paid for an I-485, you should be able to use the receipt for that, so you do not have to pay for the I-131. Take care, Jason
Hello Jason,
While going through the USCIS website it says “After filing, you will receive an interview notice along with a medical examination form that you will have to get completed as instructed” under the section “Asylee’s Adjustment of Status to Permanent Residence”. What does that mean? Will we be called for another interview? What kind of interview will it be? Does it apply to all? My Asylum was granted on Aug 2017 and applied for i485 on Aug 2018.
Some asylees get called for a green card interview, but most do not. I do not know why, but supposedly, dependent asylees will not will get called. Whether that is actually happening, I am not sure. If you are called for an interview, they typically ask the same questions as appear on the I-485. However, they can ask about your asylum case, so if you have an interview, you should review that so you are prepared to discuss if necessary. Take care, Jason
I granted asylum Apr 2016,
i applied for i-485 April 2017 and we (me, wife and minor kids) had i485 interview in Feb 2019.
The case is moving kind-of slowly. You might want to call USCIS to inquire. The phone number can be found at http://www.uscis.gov. Take care, Jason
My Nephew received a Notice of Hearing in removal proceedings for September 19, 2019 but he never got a MCH do you know why? he is from Venezuela and applied for asylum in May 2018 got his interview in July 2018 at the Houston office and he got his work permit in December, I don’t know that he is prepared for his IH and know we need to find a layer that wants to take a case like this, can you guide me on why he didn’t get his MCH date? thank you
He may have posted a similar question – below is the response. Take care, Jason
I have not heard about someone going directly to an individual hearing. Maybe it is a new policy from them, but I do not see how that would work, as they need to have some idea about the case and make sure everything is ready to go before the individual hearing. In many cases, the dates on the NTA are not correct – you can call 800-898-7180 and enter his alien number (this is a computer, not a person). When instructed, press 1 and it will tell you the next court date. If it is still an individual, talk to a lawyer. He will need a lawyer anyway to assist with the case, and if he has a case in September, the sooner you find someone, the better. As for the Army letter, I have no idea what that is about. I suppose he should contact them and find out. I think as an asylum seeker, he is not eligible to join the Army. Take care, Jason
Yes I’m sorry I forgot we’re I had written the question I called the court and they said they made a mistake and that this will be his MCH but the girl sounded hesitant to answer my question in regards of him not getting the NAT I just notice that we never change the address and they sent this letter to my moms address I don’t know how they got that address, anyway I wonder if he missed the MCH court date, my question is if he did would they have sent the letter of IH?
If he misses the Master Hearing, he will be ordered deported. Keep track of hearing dates using the 800-898-7180 number, and also make sure they have your updated address. You can use form EOIR-33 for that (one copy to the Immigration Court and one copy to the DHS Office of the Chief Counsel – you will find links to both at the right-side of this blog). Also, if you have a lawyer, the lawyer will take care of that for you. Take care, Jason
Hi Jason
Does EAD Clock still shows running time on USCIS website, If an individual is already in Removal proceedings (EOIR) ?? Mine is stuck at 603 days for more than a month now and I am having an EAD already expiring this year October ..Your comments would be appreciated please.
I think it should keep running, but it really does not matter in your case – since the clock has passed 180 days, you are eligible for an EAD or to renew your old EAD. Take care, Jason
Dear Respected Jason:
I have a pending asylum application with Asylum Office with no interview yet, in the backlog. I have my valid EAD too. My asylum clock is stopped since two days. Do I have to be worried or it could a technical problem since sometimes it happens?
Thanks a lot
One person here says the clock on the USCIS website stops for a few days, and then advances in chunks. In other words, maybe it only updates every few days. I have not paid attention to that, and so I do not know, but that may explain it. Maybe keep your eye on it for a few days and see if there is a change. If you think of it, please let us know, as that may help others. Take care, Jason
You are not on your own Asylee. Lots of people have been experiencing this including me. It is just a technical problem. I first thought my case was decided but I have learnt from others who also experience the same thing.
Hope this proves helpful
Just an opinion!
I believe that Trump’s Indefatigable efforts to blocking asylum are a “blessing in disguise”. They will, definitely, help future asylum seekers to avoid applying for asylum under a law that struggles to render a decision for a good percentage of asylees. Barring them from applying or making things harder is way better than letting them applying and then throw them into the black hole of indefinite fatal waiting. Not for a reason, but only because of the asylum officer, who did the interview, suspects that the asylum seeker has passed a Syrian opposition checkpoint; or for any other similar nonsense reason for seekers from other countries.
I respect Trump for his clarity and his frank speech. Imagine yourself starving in the middle of the desert; who would you respect most; a person who let you in his house and giving you an impression that he will give you some food and then keeps you waiting for eight years (so far); or a person who says I am sorry I cannot give you any food, eventually, granting you a chance to go and look for another safe-house?
At some point of time, during his presidential campaign, I remember Trump addressing asylees and refugees by saying: “‘I’d love to help, but we have our own problems'”. I really don’t see anything bad in this phrase! Do you?
If they issue an official shutdown of the asylum system, they will enable seekers to go to Canada and apply to asylum there. For example, the shutdown will relieve applicants from “the third safe country agreement” between Canada and the US which states that the applicant should apply for asylum only in the very first country of landing. To me, anything will be way better than waiting for long long years. That’s my opinion. Do you agree/disagree with it/some of it?
The reason I disagree is because Trump is repeatedly lying about asylum seekers. I think we as a country can make any decision we want concerning asylum seekers – let them all in, don’t let any in, but this requires us to change the law. The president is not a dictator and he cannot change the law based on his whim. If he and Congress decide to eliminate asylum, they can, but that is not what is happening. He is lying about who asylum seekers are, why they are coming here, and the impact they have on our country. If he had a valid argument, you’d think he could make it without lying and convince people to follow him. While I believe we should help asylum seekers (and leaving people in limbo for 8 years is not really helping them), I also think we as a country get to control our borders and decide who comes in. This is not a question for the president alone, however, and requires a change in the law. If he did that, and would quit all the lying, it would be easier for me to agree with your points. Anyway, hopefully, you will get some positive news soon – or maybe think about a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Good point Jason. Trump is lying; he’s lucky that the presidential path does not undergo the asylum office jurisdiction. Otherwise, they would have knocked him down instantly and referred him to court for “misrepresentation” 🙂 I learned all the vocabulary and related laws throughout the years by the help of the Asylumist.com “Academy”. I am really grateful for this.
Moreover, I have flipped the mandamus lawsuit option a thousand times in my mind. I have several complications in my personal life that prevents me from taking this option into consideration. Eventually, I really wish to hear anything from the asylum office. Regardless if it is an approval or denial, it does not really matter anymore.
You, definitely, know more information than I do. I remember your previous article about Trump when he was kind of blustering in a public speech against asylees throwing lies left and right and deriding of our fear. There will be no way for me to go that deep and know when he is “using” us to sell his ideology. This is unquestionably unacceptable. I, therefore, trust your judgment and enjoy reading your blogs. My problem that it is extremely hard to think logically while I am on my last leg. Things went fiercely south on me. I gave up begging the asylum office fellows. All that I need from them (although I doubt that they have the time to read similar blogs) is to end this tragedy and cut the pain! Say yes; say no… I don’t really care.
I thought when I work in the US, generate money, pay taxes, get higher degrees in education, do the best to my kids to be great citizens in the future, and abide the law, that I will be reviewed positively in the asylum office. During the last interview, the officer even refused to include what I tried to add such positive documents to support my case and to show that I am a good person. He said “these are irrelative documents to the asylum case. I see there is no reason to add them”. I started wondering that trying to enlist myself in the US army to defend this great country, flying to Puerto Rico during the past year hurricane to help people, or pursuing higher educational degrees are irrelative; and stopping at a Syrian checkpoint (or whatever similar reason) that I was not even sure if it is a rebel or regime one is relative?
I thought I will delight them when I work because I won’t be using the US welfare resources. I am not costing anybody any single penny. I was eventually shocked that I have to be grateful because they are generous that they are letting me work and providing me with the renewable EADs meanwhile they “decide”.
I am not really sure anymore about what is the criteria to persuade them that I am a good man. Obviously, there is no way!
Thank you for taking the time to read my prolonged comments. And thanks for letting us post accordingly. I appreciate all the help.
I do think you should consider the mandamus. It does not get you a “yes” or “no”, but it might get you a decision. Even if the decision is “no”, the delays on court are not as bad as at the asylum office, and so you might have better luck there. Also, given the long wait, you might Google “Cancellation of Removal”, which might apply to you if you have been in the US for 10+ years, have US citizen or green card parents, spouse or children, and meet the other requirements. If you go to court, maybe that would be a second option, besides asylum. Good luck, Jason
I understand your frustration ,Syrian. I am personally loosing my mind…You wonder which is better, your persecution or the wait. I guess it’s not one or the other.
I once heard an American at work wonder why people come to this country. I said to her, “you have no idea what you have as an American citizen”. Some of us just want to hear, “you can stay”, because then, human rights will become relevant in our lives.
All the best.
Hi Jason and Syrian,
Thank you Syrian for sharing your experience and the pain caused by such an antagonistic system that seems to function in a way aims to deter future asylum-seekers from coming to the US.
I share your pain and anger. Probably, seeking asylum in the U.S. was the biggest mistake in my life. When I contemplate my experience (and yours as well), I feel stupid because I had a naïve
belief in “Justice” and the U.S. commitments to human rights. At least, I am disillusioned with all of this now, and the more I read about the shameful history of the U.S. and the long pattern in its politics of labeling refugees and asylum-seekers as threats, the less surprised I become.
I am also Syrian, I fled from Damascus in 2012, applied for asylum in July 2013, had two interviews (3/2017, 10/2018) under Trump, yet no decision. During the first interview, I was asked exactly the same question about checkpoints, but when I answered that it was controlled by government forces, he surprised me by asking “how can you be sure? What if they were rebel forces pretending to be government forces?”
I told him the government forces never lost control over the border crossing between Syrian and Lebanon.
I’ve filed several congressional enquiries, contacted people at the State Department and all what I heard from the asylum office is pending, pending, pending…
They responded to my last congressional enquiry on February as follows “It appears that some unresolved issues were discovered during the supervisory review of Mr. X’s application and these issues require further examination. We are unable to determine at this time when the examination process for the application will be completed. Every effort will be made to complete the adjudication of the asylum application as quickly as possible.”
In fact, at the beginning of the second interview, the asylum officer told me that the purpose of this interview was to clarify certain issues [turned out to be obvious typos in secondary documents irrelevant to my story!] and to answer follow-up questions.
However, instead of focusing on the “unresolved issues,” the officer told me “we don’t want to talk about your political activities since you left Syria, but we will focus today on your time when you were in Syria” [7 years ago! yay]
Surprisingly, most of the time (5 hours) was spent on absurd “cultural questions”; how exactly I applied for my passport in 2011 and what was the conversation at the time; why I did NOT apply immediately for asylum when I arrived to the US? Etc.
After two hours of similar questions, my attorney become frustrated and asked him: “excuse me officer, after a year and half since he had the first interview you brought us all here to ask him these questions! with all due respect, is the whole interview gonna be like that!”
He responded: “unfortunately, these are my supervisor’s questions and I have to get answers”
It’s been almost 6 years (2120 days) since I’ve applied, and 7 years without seeing my family, whose health and well-being have been deteriorating as they lost any hope of seeing me and my siblings who are also refugees.
Jason, I considered filing a mandamus lawsuit, but I am in a tricky status. I have a valid graduate student status until 2020, so if they decided to deny my case, and as long as I have another “valid” status, would I be referred to an Immigration court or not?
I think in my case, a writ mandamus may hurt me more than it will help, for instance the RMV (Registry of Motor Vehicles) in Massachusetts changed the law last year, and they did not accept my valid “I-20” (they wanted a “valid visa” and a valid passport, which I cannot renew as an asylum seeker). After a long discussion with the supervisor I was forced to obtain a driving license based on my EAD (2 years instead of 5). The question here would be: if my case was denied, would not I lose my driving license too?
Finally, what do you think about filing FOIA instead? At least, I will know what they are holding against me, correct?
Thank you so much for your amazing blog, probably our only light in the black hole, that is called the U.S. Asylum system.
I wish I had more info about why they target Syrians in this way. I have seen similar questions for many clients, and when I ask officers about it (officers I know from outside their jobs), they tell me that there is no special rule for Syrians. I don’t think they are lying to me, and yet I think there is a special rule for Syrians (and Iraqis too, but not quite so bad). Anyway, if you are lawfully present in the US and in valid status, and you file a mandamus, the case will probably be granted or denied. If it is denied, you will get a final denial, with a detailed explanation of why the case was denied (I wrote about this process on March 7, 2018). But you will not go to court. If you are out of status at that time, you will go to court, which may be a good thing, as courts do not have these types of delays (though court cases usually take a year or two, or more). As for the license, I do not know about that. If you have an asylum-based EAD, you should be able to continue getting the license, but if you get a final denial, and they do not issue a license based on the F-1, them you are out of luck. It seems very strange to me that no foreign student in MA can get a license, though, and maybe you need to learn more about that. As for the FOIA, you can do that, though often the good parts are redacted. Given the long delay, there is probably no harm in trying, though as I see it, I think I prefer the mandamus (or maybe a FOIA and then a mandamus). Good luck, Jason
Thank you so much for your prompt response, Jason!
I think when you notice that almost all Syrians around you are experiencing the same pattern of delay and questions (honestly, I wouldn’t be that mad if the second interview had real security questions), then you cannot help but thinking that there is a special rule discriminating against Syrians.
I just wanna clarify that the new law in MA allows for the issuance of a license based on the F-1 IF you have a “valid passport” and a “valid Visa” (which you only need to enter the country) but not without the three documents (I-20 or DS for J1; valid visa, valid passport). In other words, international students/asylum-seekers whose passport or visa was expired are ineligible to apply.
I think I will apply for FOIA, followed by a mandamus before my graduation.
Thank you,
Interesting – Thank you for the clarification, Jason
Hi Jason,
my asylum clock is stopped for the last several days. I am very concerned. What should I do?
THANK YOU
It depends what stage of the proceedings you are at. If you caused a delay, the clock stops. If you already have an EAD, then there is no effect. If you are waiting for a decision, a stopped clock may be a sign that the case is granted, but you cannot be sure until you receive the notice. Take care, Jason
Jason I did my asylum interview in Jan 2018. My asylum case has been pending for 5.6 years. My decision has peen pending for 1904, but now it shows the clock has stopped for three days now but not other status update.
Martha,
What do you mean by saying “the clock has stopped”. Do you mean that the number 1904 is not incrementing? Or they have changed the online status from “pending” to “the clock has stopped”?
If it is about the number not changing, then this normal. My case counter of days changes in chunks, stops for several days, then suddenly resume to add the missing days.
Well, if some of the people who posted here are correct, it might be good news, but I think you will have to wait and see. You can also trying contacting the asylum office or maybe going in person. They will not give you a decision by email, but they may tell you if one has been mailed, maybe. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason,
I was reading this blog today.
“First, as I read the memo, it requires all asylum applicants who pass a credible fear interview (an initial evaluation of asylum eligibility) to present their cases before an Immigration Judge. Previously, certain applicants–most notably, minors–could present their cases in the less-confrontational environment of the Asylum Office. Now, it seems, they must present their cases in court.” – can you please clear it. So, our case is still pending. Where we have to go for interview.
Do you think they are going to renew our EAD for the next time until we get any decisions?
How do we live here? They should open some shelters for Asylee, so we can live there until we get any decisions. This law will force people to work illegally here. It’s really so much frustrating.
This refers to people who arrived at the border and expressed a fear of harm there. If you have a pending case, it does not apply to you. As for EADs, I do not think the new memo will affect renewals, so you should be fine. Take care, Jason
My EAD timeline
filed on 12/27/18
got Receipt 1/8/19
status change to you fingerprint verfiy done 2/23/19
Card send to printing 4/23/19
card arrived on 5/2/19
good luck
Hello ,
I have applied for a renewal for my EAD in Ferbraruy and now it is expired , I received the receipt and I went to the Secretary of State to renew my license base on the automatic extension that you mentioned , the Secretary of State first asked for my passport and I told them I am an asylum seeker and my passport has been expired , then after talking to the manager ,she asked the employee to check the homeland security website and she said there is no extension and she had to enter the receipt number and wait for processing time and I waited for three days and I checked http://www.uscis.gov/save which asked me to go to the Secretary of State I went there and when they checked they told me my latest immigration status should be canned and send it to the website of Homeland security , I gave them both my asylum receipt and my TPS grant approval . They told me to allow a processing time and the website Shows that I have to wait for 20 days for processing . I don’t really know what that means , doesn’t it mean a denial of my EAD or the Secretary of State I went to doesn’t seem to understand what they do !! And I don’t know if I have to apply for EAD based on my TPS .
Thank you and sorry for elaborating but I want to make sure I explained everything about my problem
The receipt itself indicates that the old EAD is automatically extended for 180 days. Also, I did a posting on January 25, 2017. At the end of that posts are some links to the law. Maybe you could print those and bring them with you. I do not know about the state process for a license, but the federal government issued the EAD. As far as I know, you are still eligible, but I guess if they refuse to accept that, you may have to wait for the new card. These are usually taking 3 to 6 months. Good luck, Jason
Hi jason
I have quick question based on LIFO
I APPLIED IN January 2016
Will i be ever getting any interviews !!!!!!!
I know LIFO IS soo unfair im sure some idiot made this policy
What about the backlog application from 2016
It may depend on the office you are in, but for most offices, I doubt you will be interviewed any time soon. And really, unless something changes, I don’t see how all the backlogged cases will ever be interviewed. Your best bet might be to try to expedite – I wrote about that on March 30, 2017. Take care, Jason
.
My attorney told me LA office is interviewing from Fall of 2017 . Have y heard any thing Jason ?
I have not, but I have very few cases in LA. Maybe someone else knows. Take care, Jason
I applied Sep2017 LA office, no interview yet.
Applied Sep 2015, LA.
Not interviewed yet…
I applied in May 2017, no interview yet. Please inform if someone had interview
Essentially this memo means nothing and is just something he wrote to keep himself busy and make him sleep better at night. Its like a pacifier for him. I can imagine that big trump baby blimp in diapers that was flying over the UK with it saying “I don’t like you asylum seekers! Go away!” as he cries like the infant he is. Pathetic.
I agree with the image, but unfortunately, the memo is not meaningless, as it directs his team to implement new regulations that will harm asylum seekers. Take care, Jason
Hi Jason,
my asylum clock is stopped for the last several days. I am very concerned. What should I do?
THANK YOU
It depends what stage of the proceedings you are at. If you caused a delay, the clock stops. If you already have an EAD, then there is no effect. If you are waiting for a decision, a stopped clock may be a sign that the case is granted, but you cannot be sure until you receive the notice. Take care, Jason
Hi, Jason. Thank you for this post, I read the memo and I didn’t understand the part where it says to revocate EAD for aliens who are denied asylum or become subject to a final order of
removal. Does it mean that if person gets denied at the interview, his EAD can be taken away? But some cases get court dates a year after, what asylum seeker should do in that period of time with no EAD and SSN? Can they actually do that legally? Are there any laws that protect us? Thank you.
The EAD is already invalidity if a person receives a final denial (in court, if they do not appeal, or at the BIA). The memo could be read to mean that the EAD will be invalidated if the judge denies asylum, even if the person appeals, but we will have to see how this is implemented. My guess is that they are concerned that people who are denied still have an EAD (which they cannot renew). So maybe they will require to turn the EAD over to DHS at the hearing and they will not get it back unless they win? I don’t know. We will have to see how this is implemented. As for the power to do it legally, they have that, as asylum seekers are not entitled to an EAD at all, and so they can basically put restrictions on EADs without much difficulty (though in some cases, court challenges may be possible). Take care, Jason
Hello Jason.
I have entered the US legally via a visa and have applied for asylum in April 2016 and have had 3 interviews so far but no decision due to security check. My work permit expires in 2 years. Will the new memo have any on me? Is there a possibility that it would be canceled or prevent me from renewing
it before the decision is granted?
Also if my case goes to court, will I be able to get a new EAD or I’d have to wait till the decision is made.
We will have to see how the memo is actually implemented, but as I read it, there should be no effect for someone in your situation, whether you win the case or go to court (unless they adjudicate your court case quickly, which does not seem likely). Take care, Jason
Hi mike
which office you applied in!
I applied in January 2016 and you applied after n how comes you go three interviews
Hello Jason,
I am a gay guy living with HIV who applied for asylum since Jan 2018 in Houston then moved down here to Tennessee and I did a change of address and my case was moved from Houston to New Orleans Sub Office. I requested to be put on the Shortlist but they replied me saying they don’t do it at their office and so I wrote them to as for the process to expedite my case due to depression from running away from my country down here to waiting on my case to be scheduled so I know my faith as it keeps me up everyday thinking and scared of what might happen. This is the response I got from the asylum office below. I need your advise on what to do.
Good afternoon,
To request an expedited interview you may write or email the request with an explanation of why you are requesting an expedited interview. We are aware that you previously wished to be on the short-notice list so we are trying to schedule your interview as quickly as we can. However, currently USCIS is experiencing a significant increase in the number of cases we receive. USCIS is currently following these priorities when scheduling affirmative asylum interviews:
1. Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;
2. Applications pending 21 days or less since filing; and
3. All other pending applications, starting with newer filings and working back toward older filings.
Workload priorities related to border enforcement may affect our ability to schedule all new applications for an interview within 21 days.
Thank you.
Let me just tell you…You are unlikely to get expedited…But I am so sorry for you. I am a trans woman with HIV applying for asylum here. I wish you all good luck !!!
Essentially, it sounds to me like they are inviting you to get some evidence about your depression and file a request to expedite. Usually, a doctor’s note that explains the problem, and explains how expediting your case will help alleviate the problem. I did a blog post that might help with this on March 30, 2017. Take care, Jason
Hi Jason,
The status on my asylum case changed from “your next step is an in person interview” to ” your case is still pending”. Do you think this means anything?
Thanks
This seems to happen to some people. As far as I can tell, it has no meaning. Take care, Jason
No meaning whatsoever!
Dear Jason,
Thanks a lot for the article on this memo. I eagerly need to know that, I have applied for EAD renewal (Pending Asylum) on March 14th,2019, and also I have received the I-797C, Notice of Action on 3/21/19. Is this memo will impact on my EAD approval with unlawful entry? I highly appreciated your kind help. Thank you very much.
I think this memo will have no effect on your renewal. The memo will not even start going into effect for months. Even then, as written, I think it would have no effect. Take care, Jason
Good afternoon. I am dependant on my father’s case right now. And I’m planning to go to college for this Fall semester. I wonder wether taking financial aid impacts our case and future Green Card in any way. Thank you.
Thank you for this great post. However, it will be very sad if they actually seem to be calling for a fee for the initial Employment Authorization because 3 months after I made it to the US, I didn’t even have a penny and I had had to the pay any fees for the initial EAD, that would have been impossible. My prayer for them would be to put themselves into other asylum applicants’ shoes. Being an asylum applicant is one of the worse things I have ever experienced in my life. Nonetheless, I got a question. Would the clock still run if the case were referred to IJ or it would automatically stop?
Unfortunately, it seems the reason they are making these changes is to punish people for trying to seek asylum, and to try to force them to go elsewhere. Of course, most asylum seekers have no where else to go, and so all that will happen is that they will be harmed, and people will not be deterred from coming to the US. As for the clock, if you get referred to court, it will not stop, unless you cause a delay in the process by, for example, asking for my time or rescheduling a hearing/interview. Take care, Jason
Is this memo the reason why to resend a failed to deliver EAD IS taken forever ? Because I can not understand why my EAD was failed to be delivered on Feb 1st and I have being calling USCIS back to back since then but still haven’t received it. Please is there any advice you have for me?
That type of incompetence has been around long before the memo. You can also try making an Info Pass (a link is at right), though USCIS is phasing those out, and so depending where you are located, it might not be possible. You might also try the USCIS Ombudsman (a link is at right) – they can sometimes help, but they are not very fast. Take care, Jason
Dear Jason:
Also I’m always keep asking on this blogs for any asylum decisions made on last 10 months from Chicago Office,particularly for the LIFO cases,filed in 2018,& already accomplished their interviews in 2018. As I already did my interview on June 12th.2018,& still waiting for the decision!Today I have had 323 days decision pending.
However, I already sent them three status queries,i.e. one each 4 months! Their reply was standard as usually: (Decision Is Pending),You completed your interview with USCIS. The time it takes for USCIS to give you a decision after completion of an interview may vary. An officer told you at the end of your interview if you needed to return to the office to pick-up your decision on a specific/scheduled date, or if your decision would be mailed to you………etc.)!!!
Currently, I’m under process for medical treatment,it may goes into recent surgery!!! also my daughter is under series of multiple planned surgeries! she is seeking her mom,sisters & brothers,…etc.
My question is: there is any possibility that USCIS can expedite my claim decision, if we inquiry for decision expedite along with such medical documents.
Appreciate your comments.
You can request that they expedite your decision. Including medical evidence might help. If not, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Thank you for the article for the latest memo. Although we have to wait to learn the specifics, How would you interpret for those who entered with a visa and are waiting in the backlog for interview –
1 – May they have issues while renewing the EAD?
2- May they expect earlier appointment date for asylum offices?
1 – I highly doubt anything here would affect someone who has an EAD and is waiting in the backlog, though to be sure, we will have to see the new regs. 2 – The memo refers to faster Immigration Court cases and does not directly apply to asylum offices cases. Potentially, if resources were moved to work on credible fear cases, this might free up Asylum Officers to do more affirmative cases. In that sense, maybe it could make affirmative cases slightly faster. Take care, Jason