The Trump Administration has been doing everything it can to block asylum seekers from reaching our shores (everything, that is, except working with Congress to reform the law). Many of the Administration’s policies are legally questionable (to put it mildly), and have been challenged in federal court. Now, in an extraordinary move, a union that represents Asylum Officers has filed an amicus brief opposing a policy of President Trump (their boss).
The Administration policy at issue is officially known as the Migrant Protection Protocols or MPP. It is also called the “Remain in Mexico” plan, and it requires many asylum seekers entering the United States from Mexico illegally or without proper documentation to be returned to Mexico for the duration of their immigration proceeding. As a result of the MPP, over 12,000 people have been forced to wait in Mexico while their cases are adjudicated in the U.S.
The problems with the MPP are too numerous to list here. But for starters, Mexico is not a safe place for many asylum seekers, especially women, children, and sexual and ethnic minorities. Another problem is that asylum applicants stuck in Mexico have less access to legal assistance and less due process of law. Of course, all this is by design, as the MPP is clearly meant to deter people from seeking asylum by punishing those who have the temerity to ask us for help.
Apparently, the MPP was also too much for many Asylum Officers, who are charged with evaluating asylum claims made by people arriving at our Southern border. Through their union, Local 1924, a group of Officers filed an “amicus” or “friend of the court” brief supporting a lawsuit that seeks to block the MPP. Amicus briefs must include a “statement of interest,” explaining why the filing party has an interest in the matter. Here is what Local 1924 had to say:
Local 1924 has a special interest in this case because, as the collective bargaining unit of federal government employees who are at the forefront of interviewing and adjudicating the claims of individuals seeking asylum in the United States, Local 1924’s members have first-hand knowledge as to whether the MPP assures the United States’ compliance with international and domestic laws concerning due process for asylum seekers and the protection of refugees and whether the MPP is necessary to deal with the flow of migrants through our Nation’s Southern Border.
There are two main reasons that Local 1924 objects to the MPP:
- In the course of waiting [in Mexico] for a determination of their asylum applications, many [asylum seekers] will face persecution because of their race, religion, nationality, political opinion, or membership in a particular social group. By forcing a vulnerable population to return to a hostile territory where they are likely to face persecution, the MPP abandons our tradition of providing a safe haven to the persecuted and violates our international and domestic legal obligations.
- Moreover, the MPP is entirely unnecessary, as our immigration system has the foundation and agility necessary to deal with the flow of migrants through our Southern Border. The system has been tested time and again, and it is fully capable—with additional resources where appropriate–of efficiently processing asylum claims… The MPP, contrary to the Administration’s claim, does nothing to streamline the process, but instead increases the burdens on our immigration courts and makes the system more inefficient.
In short, the officers charged with enforcing the asylum law at the Southern border think that the MPP violates the law and endangers people who our country is obliged (under international and domestic law) to protect.
Predictably, the Acting Director of USCIS (which oversees the Asylum Division), Ken Cuccinelli, issued a statement “blasting” the amicus brief:
Union leadership continues to play games while the border crisis intensifies. Lives are being lost, detention facilities are unsustainably overcrowded, and illegal aliens with frivolous claims continue to overwhelm our system. The fact of the matter remains that our officers signed up to protect the truly vulnerable, our asylum system, and most importantly, our country. A cheap political stunt helps no one and certainly does not help to contain this crisis.
In his statement, Mr. Cuccinelli fails to address any of the substantive claims raised in the amicus brief (shocking, I know). Instead, he falls back on the old talking point that frivolous asylum claims are somehow to blame for the crisis at the border. Of course, there is little evidence to support this position, but as a climate-change denier, Mr. Cuccinelli is obviously not beholden to concepts such as evidence or common sense (or common decency).
In my experience, most Asylum Officers take their jobs very seriously. They recognize their duty to uphold the asylum law and to grant or deny protection where appropriate. They also recognize their duty to protect the United States. This sense of responsibility to country stands in sharp contrast to the arrogance of the Trump Administration and the USCIS Acting Director, who seem to think they can run roughshod over our nation’s laws and force government employees to do the same. For this reason, I think the amicus brief is significant: It stands as an expression of independence of Asylum Officers (or at least those in Local 1924) to make decisions in accordance with the law, even when their higher-ups demand that they do otherwise.
I hope Asylum Officers and Immigration Judges around the country will take note. I hope that they will read the amicus brief, particularly the recitation of our country’s proud (but imperfect) history of protecting people fleeing harm. And most of all, I hope Officers and Judges will continue to follow the law, even when the political leadership pushes them to ignore it. Following and enforcing the law is the ultimate “rebellion” against the current Administration’s lawlessness. Our asylum system, our country’s moral integrity, and the lives of asylum seekers all depend on it.
Hi Jason,
Hope you are doing well.
How I can expidite my green card application processing time. I did applied for my green card in june_2019 and I need my green card before September _2019 for my education.
Thanaks,
Amina
You can call USCIS to ask about this. The phone number is 800-375-5283. You can also send them a letter with your receipt number and A number, and ask them to expedite. Maybe include a letter from the school if you can get it. Good luck, Jason
Thanks Jason.
You are great.
Hi Jason,
I submitted a change of address ar-11 ONLINE only more than 3 weeks ago from California to New York , I did nor receive anything in the mail to confirm this change. what should I do ?
thanks
Normally, you do not get any confirmation except what you get at the time you submit the form online. You can email the asylum office directly to ask about this – you can find their email if you follow the link at right called Asylum Office Locator. Maybe they will even respond. Take care, Jason
No Jason..,
I got a confirmation letter from USCIS which came to my new address.
Interesting – usually, we only receive the confirmation online. Take care, Jason
Jason, I got a confirmation letter too. Haha 🙂 can’t study USCIS. You won’t pass/graduate.
Jason,
My father just passed away in lebanon and i am syrian i did my asylum interview in March 2018. Where should i go to get an expedited parole so i can attend the funeral?
I am sorry for your loss. IT is especially hard when you are far away. Unfortunately, the process has become more difficult since USCIS has cancelled the ability to go for most appointments. Basically, you would need to call USCIS (the number can be found at http://www.uscis.gov) and try to get an emergency Info Pass appointment so you can get Advance Parole. I wrote about AP on September 11, 2017 – maybe that post would help. Take care, Jason
Hello Jason,
My asylum was approved about one year and half ago, but asylum of my close friend was denied and he was deported. Recently I found that he was killed in home country. Obviously it’s a fault of asylum officer, judge and every person who took part in his case.
My question is, can I file a claim in court demanding those people to take a full responsibility for his death and demand justice. It’s their fault.
But the problem is .. I don’t know their name and I was not able to got it.
Thanks!
Hello jason
This comment really scared me. What country was your friend from if you don’t mind sharing.
So sorry to hear this.
But to be honest, it is not the asylum officer’s nor any other DHS personal’s fault. It is simply not. It is those gang members and murderous that should bare the blame.
As a human system, Asylum process is far from perfect. It is simply impossible that the asylum officers or the IJ can make a distinction between 100 identical cases, of which many are made up. While the asylum standard should lean towards false positives, human makes mistake.
There is no help blaming the man and woman most of whom are just trying to help. (esp. asylum officers) Most of them are decent human beings and want to help as much as they can.
I did a post on December 11, 2018 on this point, if you are interested. Take care, Jason
I am sorry for your loss. However, I think that such a suit would not work. Asylum Officers and Judges have immunity from such suits, and even so, you could not prove that they are responsible since they are making a judgment call about possible future harm, and that is inherently not easy to predict. That said, I think you can do something – maybe contact journalists to write a story about what happened. You can look for journalists who wrote other articles about deported asylum seekers. Also, some legal clinics at law schools have looked into the fate of deported asylum seekers. Maybe you could Google around for ideas. I do think it is worth a try, as your friend’s tragedy may at least help to inform people and hopefully help avoid this from happening again. Take care, Jason
Hi Jason and the forum members,
Recently I asked for expedite for my petition. I received a mail from USCIS as follow:
Upon receipt of your request for expeditious handling, your case was reviewed and a determination was made that we need additional information to make a decision regarding your request…. ”
How long does it take to hear back from USCIS after submitting additional evidence/information?
Anyone else who has experience with this thing can kindly comment.
It is not predictable, but usually not long. If you submit the info and do not hear back after 30 days, you might want to inquire again. Take care, Jason
hi
be passion soon you get your interview i been the same situation as you, hope you get soon
I apply 2016 end
expedited on April
got interview on Jun first
finally, I ope i´ĺl get soon the decision
What happens if I withdraw my case and request again ? They send me straight to court ? I don’t mind . They cant deport a prosecuted Christian to Middle East any way .im tired of waiting for a lousy interview
What happens if I withdraw my case and request again ? They send me straight to court ? I don’t mind . They can deport a prosecuted Christian to Middle East any way .im tired of waiting for a lousy interview
I doubt that will help – if you withdraw and re-file, you have to file with the local office, and that is usually a bureaucratic mess. Maybe if you withdraw, they will send you to court, but I do not know. The better bet may be to try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Hello Jason and patrons,
I received my asylum approval recently and thinking of changing my name legally. Now that I have my immigration status (Asylee) and will apply for green card next year. Should I wait a year and submit name change when applying for green card OR can I do it right now? I know I can do it now but was wondering about the background check for green card. Would it take long if I have my name changed or it would have no effect whatsoever?
I can wait if the name change can lead to extensive background check
Thanks as always
Changing a name and applying for GC is two different matters.
You’re legally entitled to change your legal name with our without USCIS merits, however specifics depend on a state in particular.
The procedure is done in Court – the choice is your – your county court or supreme. County is cheaper and faster, btw.
Go to your county court, file all required papers with a clerk, bring all identity docs with you have and make a few paper copies prior coming. File a petition, file an affidavit of support (reason why you want to do so). Pay a fee (usually it’s relatively small) and wait for a date of summons – it’s usually within month or so after the date. Come to ‘Name Change Court’, face the judge – follow your state requirements – some requires to publish name changes in a local paper (NY for instance), obtain a order granting leave the old name – got a few copies from clerk as well and you’re good to go.
Just don’t forget to update all institutions with a name change – banks, SSA, USCIS, landlord – everybody. They usually would ask to send them a copy of the court order – so always have a digital scan of it.
NAME CHANGE DOESN’T LEAD TO ANY ADDITIONAL BACKGROUND CHECKS.
When you’ll be applying for a GC – make sure to mention your old legal name, US official instituions are got used to people changing names all the time.
Thanks for that info. I always thought only U.S. Citizens can change his/her names. I hate my native name and I want to have an American name. Now that it seems doable, I will make that change 🙂
Thank for the brief reply, it was really helpful.
I filed petition with county court in PA and scheduled hearing for September. So far the immigration status question hasn’t come up and yet to wait for hearing if it does. I also published name change according to law I have to in PA.
I’m really excited to get rid of Islamic name that dictates my identity and I don’t subscribe to Islam anymore.
Thanks y’all good humans 😁😁
I do not know whether it would cause a delay, and it seems to me, if you want to change your name, you can do it now. You can also wait – it is easy to do when you apply to be a US citizen, but that is years away, and during that whole time, you will acquire more documents with your current name. Basically, unless you find out that it will delay the green card (and I do not really know, but I have not heard that before or seen it with clients who changed their names), you might as well change it now, so you can start using it on all documents. Take care, Jason
Hello Jason,
I am pending decision since 6 years with 3 conducted interviews. Considering worst case scenario, if I got referred by the asylum office and ordered deportation by the court, can the US government under any law and by any mean take my US born son from me before they deport me?
Hi Jason!
Today i had to go in court for my decision. In my way there my lawyer called me and told me that we don’t have to appear in front of judge, because court called today the office and told that judge said that she’s going to make decision today and mail it out to us.!!! How long after the decision is made i can check in hotline number about my case decision.? Can I know for example before I receive the letter from court? I don’t know what is happening?!
I really appreciate you Being here for us every time.
Take care sir . Salute
Assuming they actual make the decision today (a big assumption), it may appear on the hotline (800-898-7180) before you receive the actual letter. Good luck, Jason
Hey asylee, I hope that you get a positive decision. Iam in the same situation, my decision is for this Thursday coming up. Good luck
They cannot take your child, but you would have to decide whether to take the child or leave him here with someone. If you do end up in Court, you may have another option called Cancellation of Removal, but among other requirements, you would have to have been in the US for 10+ years prior to being referred to the Court. This would be in addition to the asylum claim (and maybe other claims too). Take care, Jason
May I follow up on this, does the 10 years need to be continuous ? Before I filed my I589 application, I have been on other nonimmigrant visa and have overseas travel, the majority of the past few years tho I stayed with in the States. Can these years be counted ? Or just starting from my last admission ? Thanks very much !
Short trips outside the US may not be an issue, but you would have to have a lawyer look at your travel history to be sure – I am not exactly sure about the rule on this. Take care, Jason
Dear Jason and other friends,
I filed my I-589 in September 2016 in NY and so far no news. I check my case status online on the website as well.
My question is has anyone in NY got their interview date that applied for asylum in 2016 or later?
I appreciate all responses and have a great weekend.
I think NY is one of the slow offices. I wrote about that on June 12, 2019. Maybe one option is to try to expedite – I wrote about that on March 30, 2017. Take care, Jason
We haven’t been schedule the interview for 1432 days since filing in NY
Jason, how much does your firm charge to respond to a NOID?
It depends on the NOID, but for an asylum NOID for someone who is not a current client, probably in the range of $1500 to $2000 (if we have availability to take a case that requires immediate attention). Take care, Jason
Thank you.
Hello
Now is the time to focus on NOID. Do not focus on the money too much.
Please don’t make any mistake in replying for NOID.
Be consistent and read your case again and again.
The asylum officer is looking if your original claim is consistent with your response to NOID.
spend extra time on your original claim and response to your NOID.
I am telling you from Experience
Good luck
Best wishes
Hello! I applied for asylum based green card in March 2018( Nebraska) ; May 2018 fingerprints done; July 2018 case transferred to Texas. Since then I didn’t hear from them. There is 3 of us : me , my husband and a kid . All 3 of us has different receipt numb. My husband is main applicant . me and kid are derivatives. I heard from a friend that I could write a letter to uscis Texas to inquire about my ( our) cases. Is it a good idea? Will it harm to our case ? If not ,could you pls tell me if I could inquire about all 3 cases in one letter? And what should I write there. Thank you and sorry for the long post . Shalom
I suppose you can inquire with a letter, but they will probably not respond. You should check the processing time for an I-485 at http://www.uscis.gov. I think your cases are still within the normal processing times, and so I think it is just ordinary delay. If you want to inquire, you can call – the phone number is on their website. That is better than writing. Or maybe if you have some emergency reason to expedite, you can try that, but most likely, you just need to wait for the (very long) process to play out. Take care, Jason
Guys, my case status is uscis tracking tool has always been Decision is Pending. Today, it is changed to Application is pending. Case history is also showing that ‘you have completed your interview on date xxxx’. the date is wrong though. It is showing today as my interview date even though I did it 1.5 year ago. Anyone else have this change in the system yet?
just received the email notification too. But it is a bit different. case status here is: Your Case Status: Initial Review.
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant’s/petitioner’s criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators.
looks like they may have just started to review my case (not sure if background check is done yet).
I have not seen it, but you could contact the asylum office directly and ask whether there are any updates in your case – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi jason
I come a cross ombudsman word here in your page?
I didn’t understand really well?
I have a pending case here in Virginia over four years ? Can i use this and what are the chances and how am i gonna use it?
Thanks
The USCIS Ombudsman (there is a link at right) can sometimes help with a delayed case. They most likely will not help, but it is free, and there is no harm in trying. However, if you have not yet received an interview, the Ombudsman won’t help – you have to try to expedite the case. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason and other members
I contacted Ombudsman office 6 months ago. After, a couple of inquiry, they sent me the following email:
Dear Sir or Madam,
The Ombudsman’s Office has reviewed your request for case assistance and contacted U.S. Citizenship and Immigration Services (USCIS) regarding your application/petition.
We will notify you when we receive information from USCIS.
What do you think about this response? Anyone else have received any type of assistance from the ombudsman office after this type of email?
Hi,
Back in 2015, I received this type of email from the Ombudsman’s Office and after a few weeks they emailed me back saying your case decision will be sent soon and I received my decision but unfortunately, it was denial so from that year I am still waiting for my individual hearing. I was scheduled for January 2019, but immigration was shut down at that time and I got a new date in 2022 July and I don’t know if I can reschedule it to an earlier date.
If you want to try to get an earlier date, you can – I wrote about that on April 20, 2017. Take care, Jason
I thin that is a positive response (too bad it didn’t come sooner). It is their job to reach out to the USCIS office with your case to inquire about the delay. Hopefully it will help. Unfortunately, I do not know the time frame for a response, and they do not give you one, but maybe wait a few months and if there is no response, follow up with the Ombudsman. Good luck, Jason
Hi Jason,
I have a new professional job with a company that sponsors their employees with green cards based on employment if necessary. Are asylum seekers eligible for adjustment of status if they dont have a visa that is still current? I came in the usa as F1 but that status expired once i applied for asylum and finished school.However I applied for asylum before my status expired. I never was in the USA illegally for any length of time
It is a tricky question and depends on many factors – I wrote a blog post about this on August 28, 2018, but you should talk to a lawyer about your situation to see whether it can be done. I would want the lawyer to map out (in writing) how you will get from where you are today to a green card. Take care, Jason
Hi CIR,
I had the same situation this year, my court is after 3 years and my company is willing to sponsor me and I talked to my lawyer and he told me that I need to leave the country and get my green card and the come back to us.
Good luck
Applying for asylum doesn’t automatically invalidates your F1 status, so your F1 status would still be valid and you are still eligible for adjustment of status from F1 to H1B or greencard.
That is unless your I-20 already expired.
I have the same issue
The main problem is to adjust status after I-20 (F1 status) expired.
It seems pending asylum doesn’t help us for adjusting status.
short answer. not possible to adjust status without leaving US if you have expired I20 (F1 status) plus pending asylum case.
Correct me if I am wrong
You are probably correct, but there are some exceptions (I wrote about this on August 28, 2018), and it may be worthwhile to talk to a lawyer about the specifics of the case to be sure. Take care, Jason
On August 28, 2018 blog stated that
“unless you are “in status” (and a pending asylum case does not count), you would need to leave the U.S. to get your Green Card (this is where premium processing can sometimes come in handy) (also, there is a possible exception to this rule for certain employment-based categories where the period of the violation did not exceed 180 days, or where the period only exceeded 180 days due to a “technical violation” or through no fault of the alien – and potentially, this could include a person with a pending asylum case)”
It seems there is vague idea on the above paragraph
First line stated that pending asylum case does not count in status.
Later on the paragraph stated that there is possible exception; period of violation exceeded 180 days due to a “technical violation” or through no fault of alien. This could include a person with a pending asylum case
An individual person in lawful nonimmigrant status who files for asylum and then falls out of nonimmigrant status may be eligible to adjust if an asylum application is pending. However, that individual is no longer eligible to adjust status if DHS acts on the asylum request by approving or denying the application, referring it to immigration court, or dismissing it
source (https://wolfsdorf.com/blog/2017/02/13/can-asylum-applicant-apply-eb-5-immigrant-investor-employment-visa/)
I do not know of an example of where the exception was applied. I think if you are pursuing this, it is best to talk to a lawyer and let the lawyer examine the specifics of the case, and explain – step by step – how you will get from where you are now to a green card. Take care, Jason
On August 28, 2018 blog stated that
pending asylum case does not count in status.However, there is possible exception; period of violation exceeded 180 days due to a “technical violation” or through no fault of alien. This could include a person with a pending asylum case.
it seems to be vague .
An individual person in lawful nonimmigrant status who files for asylum and then falls out of nonimmigrant status may be eligible to adjust if an asylum application is pending. However, that individual is no longer eligible to adjust status if DHS acts on the asylum request by approving or denying the application, referring it to immigration court, or dismissing it
source (https://wolfsdorf.com/blog/2017/02/13/can-asylum-applicant-apply-eb-5-immigrant-investor-employment-visa/)
Thank you for advice us
Hello, Jason
If you had a minute to answer my question I would really appreciate it:
I got asylum approval as a beneficiary from my wife’s I-730 petition.
But I still have a master hearing for removal proceedings.
Do I need to still go there, or can I file a motion to terminate in writing?
Thank you again for all your invaluable help to asylum community.
Also, which one would you think is more accurate for a court date: automated system or the notice they gave me on the last hearing? The notice gives me one date and the system – absolutely another.
Thank you.
Normally, the phone system is better, but if you are not sure, call the Immigration Court (a link is at right) and talk to the clerk. If that fails, go to the first scheduled hearing – it will be a big mess if you miss a hearing date. Take care, Jason
You can file the motion in writing, and include a copy of the approved I-730 and all other proof of your status. You probably also need to contact the DHS Office of the Chief Counsel (the prosecutor) to get their consent (a link to their office is at right). Normally, a lawyer would do all this. If the Judge does not terminate your case, you do need to go to the MCH and the Judge should terminate at that time, if you have the necessary evidence. Take care, Jason
Hi Jason,
I was trying to get an I-94 confirmation for my granted asylum. And make appointment at infopass Arlington USCIS office, but they canceled it mentioning they don’t process such cases. I have the Judges decision letter, and at MVA they asked me to bring an I-94, would able to advise me on this ?
Thanks,
Sambod
This is very annoying, but you have to call USCIS (the number can be found at http://www.uscis.gov) and speak to a representative, explain that you were granted asylum, and ask for an Info Pass appointment. It is ridiculous that they just don’t give you an appointment more easily. Anyway, it should work, but you will be annoyed at the end of the process. Take care, Jason
Dear Jason:
At the outset, I wanna thank you a lot, you are the best person ever met in my life. You are trying to keep hundreds of those people who are in need of small hope. I appreciate you SIR.
Dear Jason, my left hand was broken from elbow when I was a child and I was fell down from second floor. Due to poverty and not good doctors in my country, my hand grew abnormal ( the elbow is not on its own place, it’s 100% abnormal from elbow).
I was working at CVS, and my hand had pain due to shifting the packages and some other staff. The pain get severed day by day, eventually, I couldn’t find an office job and I resigned from my job. Now my brother supports me financially and I don’t have insurance too.
I got an appointment for my hand in UVA Hospital so I can check how much does it cost my to have an operation for my hand but I am sure I can’t afford it at all, I will 370 doller just for an initial visit. Even I can’t afford the rest of X-ray or some other staff.
What is your thoughts, if I get letter from dr about my hand situation which made me completely unable to work, and even I can’t study to get a good job since I will be charged as an international student. Is there any chance that my expedite get accepted?
It’s not something like I make a reason for my expedite, even if I send a pic of my hand to USCIC, they can understand that my hand is totally abnormal.
Please tell me your advice, what should I do ?
If you can get a letter from your doctor or someone explaining that you need the operation and that you are in pain, and explaining how expediting the asylum case would help the situation, that might work. You can also include a photo if you think that will help. The key is to explain how finishing the asylum case will help your health situation. Also, you might try Googling “Catholic Charities immigration” + your city. That office helps immigrants, and maybe they can refer you to some resources for help. Good luck, Jason
Hi Jason,
How long does it take to get a receipt from uscis after filling form I-485 adjustment to permanent resident after 1 year? It’s been about 4 weeks and still didn’t get the receipt.
Usually around 4 weeks, but you never know. You might double check that you sent it to the correct address, and as long as you did (and you listed your correct address on the form), you should be fine. Also, you can check whether your check was cashed (if you paid by check). If so, you can get a copy of your check form your bank, and it will list your USCIS receipt number, which you can use to contact USCIS if you do not get the receipt. Take care, Jason
Dear Jason,
Hope you are great.
My physical renewal EAD card arrived yesterday in the mailbox of the old address (which is of an apartment complex). And USPS marked it to have sent into that mailbox that I couldn’t get it back anyway although I did change address with USCIS and USPS properly as soon as I moved. I called the complex manager but she could not help me since she are not allowed to access the mail box which is previously under my control.
Any advice for me? Should I contact USCIS to ask them issue new card?
Best,
Ryan
When this happens, and it happens often, it can be a big pain. The best thing to do is call USCIS. You can find the number at http://www.uscis.gov. Eventually, you will be able to talk to someone and you can explain that you filed the change of address, but they sent it to the old address. Also, make sure that you filed a change of address, form AR-11, specifically for the I-765 (and not just for the I-589). If you did not do that, you should do it now. Hopefully, those actions will cause them to re-send the card to the correct address. Take care, Jason
Go to the old address and knock the door. Whoever opens the door will have the key to the mail box. Let him or her know that you lived here earlier and they mistakenly dropped your important document in this mail box. And then ask for the envelope or go yourself and grab it.
I appreciate your precious ideas, Sir
I will let you know how my issues is going on.
Have a good day.
Ryan
Hi Jason,
I did my interview in Seattle last September, I have been waiting since then! My case is LGBT, my lawyer keep saying that she has direct contact in San Francisco asylum office and that they might have sent me file to headquarter but they will never admit that!! Should I go to San Francisco personally? Or what should I do? I am from a Muslim majority country! Thanks a lot.
Sometimes, they tell you about sending a file to HQ; most times, they do not tell you. I do not know why they cannot tell you all the time. I wrote an article about the reasons cases go to HQ on October 20, 2015, so maybe you can see if that applies to your case. Last time I heard, the average wait at HQ was over a little over a year, so maybe you will get something in the next few months. It could also be a delay to security background checks, and those delays are even less predictable. I do not know that going to the SF office will help, but if you are there and stop by, it won’t hurt. You can also inquire by email and sometimes they respond. If nothing else works, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Dear Jason,
Is there risk in dropping the asylum based on gvmt issues, and renewing the passport with the country council in the US? What if the person already has another immigration status and he doesn’t need the pending asylum? What if the country conditions have improved and the person feels no longer danger? That all is requirement for the new DV lottery to submit a valid passport.
You can withdraw the asylum case if you no longer need/want it – contact the local office about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Whether you can take advantage of the DV lottery if you win, I do not know – it depends on the specifics of the case. Talk to a lawyer about that. Also, I wrote about that issue on October 5, 2015 – that article may help. Take care, Jason
Jason, what is short listing? How does it help for the cases waiting for interview since Sept 2015? Thank you!
Some offices have a short list. I think Newark does, but otherwise, I do am not sure – you would have to contact the particular office to ask. If you are on the short list, and your name comes up, and an interview slot opens up at the last minute, they may call you and ask if you want the interview slot. You have to make sure all your documents are filed if you are on the short list, as you may not have time to file documents after you get the call. This is just another way to try to get a faster interview. It is not great, since the short lists are usually pretty long, but it might make things faster and is worth a try. Take care, Jason
Which office you applied at .
Mr Jason I have a question , I was denied one month ago my expedite request for interview . I was put on short list. have you seen any positive stories with this list? this does not tell me anything and , how soon after one month can I try to expedite again ? I am sick of the wait i feel i am going to have a heart attack
I do not have many cases on the short list – only in Newark, and I have not had a short list interview in a while, but the list does work. There is no rules about expediting, so if you have a new reason or new evidence, you can try again. Good luck, Jason
Hello Jason
Thank you for the beautiful job you are doing for us.
I have aquestion.
How long does it take for Viginia to grant a decision. I have been waiting for almost 2 yrs now and its for the 2nd interview.
And since its a second interview with all thse long wait. Do you think its a denial.
Thank you.
A second interview does not indicate a denial. There is no time frame, and some cases have long delays. You can contact the asylum office to inquire – you can find their contact info if you follow the link at right called Asylum Office Locator. You can also make an Info Pass appointment and go in person – this may work better. There is a link at right called Info Pass where you can make an appointment. If nothing else works, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason i hope you are doing well, i have a question i got referral to the court last month and still waiting for master hearing cause i was scheduled for July third on Seattle and i had moved, so my attorney did a motion and the clerk said will sent the case to California how long it will take the case comes here and how much usually is chance to win in the court for asylum seekers?
best.
How long it takes is not predictable; probably a few months at least. You can call 800-898-7180 and enter your Alien number. The computer will tell you if you have a hearing date scheduled (this system is not always working – it is probably best to call early in the morning or at night). As for the chances to win, it varies by judge. Once you know your judge (and the 800-number will tell you that too), you can Google “TRAC Immigration” and find asylum statistics on many judges. Take care, Jason
Thank you so much.
Hi Jason,
Hi requested an expedition for my interview at Newark Office since April with no response. I decided to inquire yesterday and this the response I got: “ According to our records, you have been placed on the “expedited review list” for the Newark Asylum Office. We carefully review each request and will make a decision as soon as circumstances permit. Please feel free to follow up in the next 30 days.” Does it mean something or it is just one of the standard replies? Thank you
What was your reason for expedition request
I have medical reasons and I submitted the supporting documents
I am not sure what the “expedited review list” is, but it sounds like the case will be expedited. I guess you should give them 30 days and if there is no news, inquire again. Take care, Jason
Hi Jason. I wish to thank you for your endless support to asylum seekers.I do not have a lawyer so i rely just on you and your blog for guidance. I had my interview July 2018 at Arlington Virginia after expedition due to my wife being in Danger back home. I contacted the asylum office 3 months ago and they said my case was pending a final decision but until now i have not gotten any information. Now my wife is considering going to the border to seek asylum her self. So if she happens to seek asylum at the border and my case is granted will she still continue with her case or join my own. I am really worried i do not know what to do.
I now have a constant headache due to stress. i really need your advise.
The US/Mexico border? I think that is a bad idea given the humanitarian disaster there. She is probably better off waiting in a safe third country until your case is done (of course, this only helps if you win). If she did arrive at the border, and if she could seek asylum, she would have her own case. If you ultimately won and filed an I-730 for her, she should be able to get asylum that way, assuming the government does not come up with some creative way to try to block her (they are doing their best in this regard). Maybe make another inquiry and include evidence that your wife is in danger, and ask for an expedited decision. Hopefully, it will work. Take care, Jason
Hi Jason!
Thursday i have to go in court to take my decision, and my lawyer just send me email that he can not come because he’s out of USA until Sunday, but he did find another lawyer to come with me. Court is going to be just for a decision!! Is this a bad thing? What should i do if the judge ask something the new lawyer and he’s nit familiar with the case ?!!
Thank you and I really appreciate your help
If it is only for a decision, it should be fine. If the judge needs more info, and the lawyer is not prepared, the lawyer should probably ask for a continuance based on the fact that the lawyer was not expecting to do any substantive work on the case and is not ready. Good luck with the decision, Jason
Hi jason
Any updates on backlog progress in Virginia- and on which year they are working
Im sooooo tired and hopeless – do u think will they have any plan for backlog case
😭😭😭😭😭😭😭
I did an update on June 12, 2019, but the short answer is that Virginia is making almost no progress on the backlog. The only real option is to try to expedite – which does sometimes work in Virginia (I have an expedited interview later this week). I wrote about expediting on March 30, 2017. Take care, Jason
When will any of you clearly see that President Trump is trying to stop the influx of new immigrants into OUR country so that we can take care of our own issues and then deal with the long-term asylees that have been waiting here forever? Do we not owe ourselves that? How many more people need to come into our country to file asylum, hi-jacking the front of the line, so that the people that have been here waiting forever can get their case heard? The President recently praised the efforts of the USCIS and Border Patrol, he is NOT denigrating them, as this article states. More fake news, of course.
Mr. Dzubow, I am sure that you are a great attorney, but can you please stop and look at our own country for just a minute before taking care of EVERYONE else that clamors to get in?
Just a thought…Thank you.
I did not say that President Trump is denigrating the USCIS – I am not sure where you get that. Where I disagree with you is that the President is not following the law. If he (or we) want to stop people from seeking asylum here, we (Congress and the President) need to change the law, which currently allows people to seek asylum here. On that point, I am fairly agnostic – I think we should make a democratic decision and admit or exclude whoever we decide to protect. But that is not the issue here. The issue is that the President is ignoring and/or violating the law that currently exists, and which allows people to seek asylum. He is also trying to get asylum officers and others to violate the law, and their duty to uphold the law. That is the problem. Take care, Jason
Trump trolls are everywhere 😂
I think the person makes a reasonable point, but I think it is incorrect. Take care, Jason
Jason, I disagree with you that this person made a reasonable point. A reasonable point has sound judgment. Further, it is fair, logical and sensible. I read the original comment 4 times and I found it to b bereft of reason and laden with xenophobia.
According to Aaron:
1. “…President Trump is trying to stop the influx of new immigrants into OUR country…” (I agree with Aaron on this point)
2. The U.S. should disregard its own asylum laws and international laws, to which its a signatory, in a bid to “…take care of our own issues…” and [THEN] “…deal with the long-term asylees who have been waiting here forever…” In other words- and this a rather common argument employed by xenophobes- the U.S. has it own issues so asylum seekers should not come to the U.S. to seek asylum. Or, the U.S., or the “system”, is already full so the U.S. can’t accept new immigrants/ the “influx” of immigrants. Of course the U.S. is not perfect and has its own issue like any other country. If the U.S., the wealthiest, at least in terms of GDP, and most powerful country on earth, can take the aforesaid stance, in a bid to justify denying people the right to seek asylum asylum, what say other countries that are less fortunate that the U.S.? Is Aaron saying that the U.S. should stop accepting asylum applications indefinitely, or until it’s cleared its backlog?The real question is: Can the U.S. absorb, successfully, the people- some of whom are fleeing wars, abject poverty, death, the worst kinds of persecution, etc.- who are seeking asylum?
Aaron asked: “How many more people need to come into our country to file asylum, hi-jacking the front of the line, so that the people that have been here waiting forever can get their case heard?” Aaron, seeking asylum is legal, per the INA. Furthermore, how does requesting asylum translate into “hi-jacking the front of the line”? Should we, instead, be questioning the way in which asylum applications are processed and not try to demonize asylum seekers, or pit asylum seekers against each other? Should asylum seekers at the border be punished/blamed for a system that was, quite frankly, systematically/ intentionally designed to function the way it currently does? For those who don’t know U.S. immigration history, these kinds of practices are not new!
Historically, America has always had an “influx” of immigrants: Some came against their will as slaves, some as indentured servants, some as refugees, fleeing Nazis and wars, some at their own volition, perhaps because they were or are seeking opportunities, like Donald Trump’s wives, for example, and some who wish(ed) to reunite with families. Some pillaged and claimed.
When I said his point was reasonable, I was referring to the more general point that an argument can be made for restricting people from entering the country. I do agree with you that a number of the points he raises are not correct, however, and drawing conclusions based on incorrect information leads – not surprisingly – to erroneous conclusions. Take care, Jason
Hello Jason,
Recently I got my final approval and want to apply for asylum benefits (cash assistance, SNAP and Medicaid) but scared of “public charge”
Does that apply to Asylee or we are exempted.
There are so many conflicting and confuse articles out there but it would be satisfying to get your answer.
Thanks
Asylee is exempted from public charge inadmissibility ground.
Congratulations on the grant.
I wrote an article about this on September 24, 2018, but the short answer is that the public charge rules do not apply to people with asylum. Take care, Jason
Hi jason
I am going to write a letter to my asylum office to place my name on short notice list. Do i also have to give a reason why i want my name to be on the list or not ?
Do you think its better writing them then going in walk in hours ? Is this effective?
Thanks jason
Different offices have different policies. The short notice lists I have used do not require a reason, but you might check with your local office about that. To get on the list, you might try emailing them and see what happens. If that does not work, you can go in person. You can find their email and contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Asylum officers: Highly educated, overworked, low paid. There’s a constant turnover requiring you to pick up cases that belonged to others. And now there are policies that are the antithesis of what they believe.
It is not a surprise that one asylum officer I know says EVERYONE in her office is looking to get out.
Hey , Jason!
What do I need to apply for a short notice for my asylum application? I have been waiting five years now for interview
It depends on the office. Sometimes, you can just email them or go in person, other offices may have a form. Contact the local office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I think morale is really low these days, which is not surprising when your boss constantly denigrates your work. I am not sure filing the amicus brief will help morale, but at least it is a signal that asylum officers (at least the ones in the union) will not acquiesce to the lawlessness from above. Maybe there is some comfort in that. Take care, Jason
Dear Jason,
Thanks again for all you do.Its been 2 months since I did my biometrics and still have not yet received an invitation to come for Interview.Please what can be the problem?I applied in San Francisco.Thanks
Not everyone gets a quick interview, and your case may be in the backlog (though I think it is still a bit too soon to reach that conclusion). I did a post on June 12, 2019 where I discuss how the different offices are doing – maybe that will give you an idea about the SF office. Take care, Jason
Hi Jason. i am Asylee and i applied for my GC on june 25,2019 but still not received receipt.How much time it gonna take to get receipt or letter? and what about fingure prints?when it become?Plz guide for furture process.Thanks.
It normally takes 3 or 4 weeks to get the receipt and another week or two for the fingerprint appointment. Things may be a bit slower due to the July 4th holiday. Take care, Jason
Hi
After waiting for 5 long years ,the asylum officer sent me to court in Houston.These people act simply as inhuman. My blood pressure went up until I was admitted to the ER. I cried as baby ,not knowing what to do. I missed my children for the last 5 years.
I m left in limbo.I tried to let the officer know the danger I faced,my husband was killed few weeks before I come.But the AO has still the pleasure to send me to court, knowing I ll stay there forever.I start realizing I might never see my children again. The persecution I m facing here from the system is similar even more of what I saw home
I am sorry to hear it, and it is true that in some cases, the asylum process is worse than the persecution in the home country. I have limited experience in court in TX (and I think it is just in Dallas, but I am not sure), but I think the court there is fairly fast. Also, you can ask to expedite the court case – I wrote about that on April 20, 2017. In many cases, it is easier to win in court than at the asylum office (and that is my experience in TX as well). Good luck, Jason
Hi Jason ! Thank you so much for your blog.
I have a question. I applied to renew my EAD car in May in 2 weeks received notice that uscis office received my case and working on it. I’m planing to move to a different state in couple weeks and I have no clue what to do . Do you think if I change the address will it affect processing time ?
If you move, you have to change your address (using form AR-11, available at http://www.uscis.gov). You have to do this once for the I-589 and once for the I-765. It should not affect the processing of the EAD. However, USCIS tends to lose things or make mistakes, and they may not process the change of address properly, and that may cause issues. If possible, maybe you can keep the old address until you receive the new EAD? That would be safest. If not, do the change of address and keep track of the case online, so you will know when to expect the card in the mail. Take care, Jason
Hey Jason,
After waiting for 16 months since interview, still no news from Newark office. did multiple inquiries and received the same ” your case in currently being reviewed by an officer” response. Then I asked my local congressmen office to enquire for me and got a little “better” sounding response like this: ” case is being reviewed and is pending a final decision at this time”. Does this “final decision” mean that they are close to finalizing it or it may be just another way of saying “keep waiting”?
Hi,
I am on the same boat. I have had my interview almost 10 months ago and this time after reaching out to congresswoman’s office. It said my case is in supervisory review and pending final decision. I dont know what it is though. Still waiting. I applied in 2014.
I do not think this message has much meaning. Normally, the Newark office is pretty good, but your case is moving slowly. At some point, if you have no decision, you may try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
At least, we got some got news! There are still the honest and decent OFFICIALS in this country, and that gives us hope that the USA is curable despite all of those terrible things that happened to it within the last three years.
I agree with that – most people working within the system want to follow the law, and grant or deny relief as they consider appropriate. It is the higher-ups that want to ignore the law. Take care, Jason