In the latest outrageous move against non-citizens, the Trump Administration seems to be eliminating a long-standing program that allows people with serious medical conditions and their caregivers to remain in the United States beyond the normal period of stay. The change means that children and adults with cancer, leukemia, AIDS, and other serious health problems could be deported to their deaths.
The program on the chopping block is known as deferred action. It is basically a form of prosecutorial discretion. The government simply chooses not to initiate deportation proceedings against a person who is in the U.S. without status. In some cases, the person may receive permission to work. A person could receive deferred action for different reasons, but for the cases at issue here, the non-citizens were permitted to remain in the U.S. due to serious–and often life-threatening–health problems. Here is a statement from USCIS, as conveyed to the American Immigration Lawyers Association–
USCIS field offices will no longer consider non-military requests for deferred action, to instead focus agency resources on faithfully administering our nation’s lawful immigration system. This redirection of agency resources does not affect DACA or other deferred action requests processed at USCIS service centers under other policies, regulations, or court orders (such as VAWA deferred action and deferred action related to the U nonimmigrant status waiting list). As deferred action is a type of prosecutorial discretion used to delay removal from the United States, USCIS will generally defer to the DHS component agency responsible for removing individuals from the United States – U.S. Immigration and Customs Enforcement (ICE) – to make most non-DACA, non-military deferred action determinations.
USCIS confirmed that this change became effective on August 7, 2019, and that no public notice about the change was issued. The public is being informed about the change on an individual, case by case basis.
This basically means that medial patients and their caregivers who applied for deferred action may now be denied. The denial letters that I have seen in the press indicate that applicants have 33 days to leave the United States or face removal proceedings. The letters do not indicate how these medical patients can apply to ICE for deferred action, and at this stage, it is unclear whether ICE is even accepting such applications.
You can imagine how these denials would affect sick people (many of whom are children) who suddenly learn that they have to leave the U.S. and quite possibly lose their medical treatment. Here is a statement from Jonathan Sanchez, who has cystic fibrosis and whose sister earlier died from the same disease:
“If they deny the program, then I need to go back to my country [Honduras], and I’ll probably die because in my country, there’s no treatment for CF [cystic fibrosis],” Sanchez said, crying and trying to catch his breath. “Doctors don’t even know what’s the disease. The only ones who can help me are here in the United States.”
Even if he is ultimately allowed to remain here for treatment, the idea that this boy has been threatened with deportation at a time when he is fighting for his life is a true horror. From my point of view, the fact that we are even having this conversation is extraordinarily repulsive. That our country would mistreat people–especially children–in this manner is a black stain on our nation (one of many, unfortunately). All that said, the question I want to address here is, Can these medical patients (and their family members/caregivers) make a viable claim for asylum, so that they can try to remain in the country?
First, to receive asylum, you need to demonstrate that you filed for asylum within one year of arriving in the United States. There are exceptions to this rule, and if you have (or had) deferred action, you may meet such an exception (the “extraordinary circumstances” exception). However, once deferred action ends, you must file within a “reasonable” period of time; otherwise the asylum application will be considered untimely filed, and it will be denied. What is a reasonable period of time? There is no set definition, and I have seen cases indicating that two or three months is reasonable, but six months is not reasonable. So the bottom line is, if your deferred action ends and you want to request asylum, you should file your application as soon as possible.
Second, in some deferred action cases, more than one family member is in the United States (for example, a sick child and a caregiver parent). Certain family members can file for asylum together, and so it is worth considering which family member, if any, has a viable asylum case. An adult asylum applicant can include a spouse and any minor, unmarried children in her asylum case. A child who is over 21, or who is married, cannot be included in a parent’s asylum application. An unmarried couple would each have to file their own application for asylum. A child with his own asylum case cannot include a parent in that case (though sometimes when a child faces persecution, the parent can articulate her own, independent claim – an example might be where the child faces FGM or female genital mutilation, and the parent faces harm for trying to protect the child). So you have to think about who in the family might have a claim for asylum, and whether all family members could be included in that application.
Third, if a person was persecuted in the past–even the distant past–based on race, religion, nationality, political opinion or particular social group, he may be eligible for “humanitarian” asylum or “other serious harm” asylum. Humanitarian asylum is available to people who have faced severe persecution in the past. Even if the country is now safe, we allow the person to remain in the United States rather than force him to go back to a place where he faced terrible harm. I once did such a case for a Rwandan woman whose family was massacred during the genocide, when she was only 11 years old. The Immigration Judge found that the harm she suffered qualified her for humanitarian asylum, even if it would be safe for her in Rwanda today. Other serious harm asylum is for people who suffered persecution in the past based on their race, religion, nationality, political opinion or particular social group. If such a person would face any other serious harm today, even if that harm is not on account of a protected ground, she can qualify for asylum. So for example, if a woman was subject to FGM as a child (FGM is persecution on account of a particular social group) and today, she faces harm due to a lack of medical treatment for cancer, she might qualify for “other serious harm” asylum.
Finally, what if there is no basis for asylum other than the medical condition itself? Such cases are often difficult, since there needs to be a “persecutor” – someone who wants to harm the asylum applicant. Poor hospital conditions or lack of medical care–without more–would not normally qualify for asylum protection. But sometimes, people with medical conditions face discrimination that rises to the level of persecution. For instance, we once obtained protection for a Mexican man who was HIV positive. We argued that discrimination in Mexico was so severe that his life would be at risk there. For people from countries where law and order has broken down, one argument might be that people with medical conditions will be targeted by criminals or member of society due to their particular vulnerabilities. Central American countries with rampant gang issues may be places where vulnerable people are specifically targeted by gang members, and maybe that could form the basis for an asylum claim. Other medical conditions, such as albinism, are so stigmatized in certain societies that people with those conditions face harm or death. The key to cases like these often involves obtaining country condition information that demonstrates the danger faced by people with medical conditions. Specific examples of people who were harmed can also help. For example, we did a case where a Turkish man faced imprisonment for political reasons. The man had leukemia, and so we argued that even a short imprisonment would be life threatening. We supported our claim with newspaper articles about people who died in prison due to health problems. These articles demonstrated that the harm faced, at least for this specific person, was severe enough to qualify him for asylum.
The status of deferred action cases is still unclear. Will ICE announce a procedure for people with serious medical conditions to apply for deferred removal? Will USCIS respond to the backlash and re-institute the program? It now appears that cases filed before August 7, 2019, which were denied, are now being reopened, but the fate of the program going forward seems uncertain (at best). For those affected, it is important to start thinking about alternatives. One such option may be asylum; other options may exist as well, depending on the case. Talk to a lawyer, and if you cannot afford a lawyer, remember that free or low-cost help is available. Unfortunately, this new change affects the most vulnerable, and it is easy to lose hope. But there are many people who want to help, and the sooner you take action, the more likely you are to find an alternative way to remain in the United States.
Hello there,! I am from Syria, the country of war and I live in Lebanon.
Recently my son has diagnosed with Muscular Dystrophy Disease “Duchenne “ which is unfortunately a fetal disease. I asked many employees from UNHCR office to help me for traveling, specially that I can’t turn back to my country, they refused that because my husband is Lebanese, and the Lebanese healthcare government is nothing, can’t help you with anything.
What should I do? I am a Syrian mother and all I want is to get my son out of this bad country to provide him with good medical healthcare.
Please any recommendations.
I am sorry to hear this and I hope he will be ok. I do not know much about going to other countries, but many countries have good medical services and may issue a visa, at least if you can show you have money to pay for the services. For the US, you can apply for a B visa for medical treatment. If that does not work, there is something called “humanitarian parole” that allows some people to come to the US for medical treatment. I have never done such a case and I do not know much about it, but maybe you could email lawyers in the US to ask. If you need names of lawyers, go to http://www.AILA.org (an immigration lawyer association), scroll to the very bottom of the page, and click the link called “AILA Lawyer”. That is a referral service, and the lawyers there tend to be a bit better than average. Take care, Jason
Hello Jason,
I have a question for you 🙂
I am going to file I765 for renewal. I am going to pay the filing fee, just because I don’t want to take the risk of my fee waiver to be rejected, because I don’t have so much time. So can I pay it with my debit card using form g1450? I am not filing online btw, it will be paper by mail.
Thank you
I never pay by credit card, so I don’t know, sorry. Maybe someone else here has tried that? Take care, Jason
Hey Jason, thank you for all your support.
My wife & I have been granted asylum on July 18th but till now we didn’t receive our approval letter with our I94, I just wanna know weather uscis changes their policy or it still delay?
Hello Jason,I also have the same prob my daughter’s EAD says we have been approved since Feb so we were meant to file under a diff category but no approval letter,we called but no response…
I would send an email or go in person to the asylum office to inquire. You can find their email address and office hours if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi HOPEFUL,
Please how did you find out your case was approved, i understand your daughter’s EAD shows indicate your case was approved in February. Did you corroborate that. Which office did you interviewed from?
I’ve been waiting for a long time now, interviewed back in July of 2018 in Chicago. I recently saw my status changed to “Fingerprint Review was completed”- don’t know what that means. Did you see a message like this on your status. What’s status says now? Mine still shows ‘decision is pending’.
If you have not done so, you might want to email the asylum office to inquire directly from them. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
If the approval was at the asylum office, you can email them to ask about a copy of the notice, or you can go in person. You can find their email address and office hours if you follow the link at right called Asylum Office Locator. If you were granted in court, you need to Google “post order instructions in immigration court” and follow those. Take care, Jason
Thank you so much Jason.
Please help elaborate more on the last bit:
“Renewals are essentially unaffected, as far as I can tell, and they still get the 180 day extension, assuming they are renewing under the same category as the old EAD card”
For instance, I have my first EAD expiring next year, interviewed already but no decision. How does the 90/180days apply to me upon renewal?
Hello dear asylum seekers!
Jason,May God bless you for being here for us. You are doing an amazing job for the asylum family! I wish you all the best for ever.
I have been waiting for 13month from Chicago asylum office. Anybody here to help me how to contact them? Does someone know their email address? Thank you,and good luck to everybod!
You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
You are not on your own man. I have been waiting for a decision for almost 3 years now at the same office, Chicago
Hi Jason
I had a bad news
I send my and my wife and my son green card application and send one form for fee waver for all of us and when I check I found them accept waved fee only for my son and when I checke my case statuses it said case rejected because send wrong fee and they will send my application back so if I return the application with separate wave fee is it will be considered as old date one ore they will give me anew receipt date
I do not think this is a big deal. You should receive the packet back soon, and you can add fee waiver forms for you and your wife, correct any other errors they mention, and re-send it. Your cases may be delayed a few weeks, but otherwise, there should be no harm. Take care, Jason
Hi asylum seekers 10
How were you able to check your case online without a receipt number. I just filled for GC with a fee waiver too, but expecting to receive their mail b4 checking my status .
Please advise how you were able to do this
Thanks
Hi Asylum10, can you please share with me which types of evidences did you send for the fee waiver? I’m trying to apply Green card for me, my wife and child but don’t know what evidences I can use to fee waiver. Thank You
Hello Jason,
Thanks for your kind help. I applied for my green card after completion of one year as asylee, and submitted an application for adjustment of status? After 7 months in waiting Nebraska Service Centre trasnsfrered my case to National Benefit Centre in MO. I requested to have my case expedited. Today o recieved an email from a field office of USCIS ( You must submit evidence supporting your request by mail to this office. Please include a copy of this letter with your request.
Once you have submitted documents associated with your request for expedited scheduling of your case, the documents will be reviewed to determine if you meet your burden for expedited scheduling. If the documents are sufficient to meet one or more of the foregoing criteria and favorable discretion is granted, your case will be expedited and we will endeavor to have your case scheduled within 90 days if it is in the scheduling queue (if it is not yet in the queue due, for example, to background checks still pending, we will endeavor to have your case scheduled within 90 days of being placed in the scheduling queue); alternatively, if the documents do not establish that one or more of the foregoing criteria are met, your case will not be expedited, you will not receive any further notice of your request to expedite your case, and your case will retain its current place in the scheduling queue. You should not request expedited handling on your case again unless you can provide documentary evidence that your situation has changed and meets one or more of the foregoing criteria) so does this mean that I am scheduled for an INTERVIEW?? I am so scared and anxious that why as an asylee will I be interviewed??
It sounds like USCIS needs evidence about the reason you are trying to expedite. For example, if you have a health condition, get a letter from the doctor explaining why expediting will improve your health. If you do not have evidence, USCIS will not expedite and will process your case normally. If you do have evidence, you should submit it as instructed and they may (or may not) expedite. Take care, Jason
Hi Jason,
Trust you’re doing great.
I wanted to bring to your notice of USCIS proposed changes to current EADs application and renewal procedure. Not sure what to make of it. We will rely on your expertise to make sense out of it.
Here’s the link below:
https://www.federalregister.gov/documents/2019/09/09/2019-19125/removal-of-30-day-processing-provision-for-asylum-applicant-related-form-i-765-employment
Key summary from the page below.
30-day processing provision
“In sum, DHS is proposing to eliminate the 30-day processing provision at 8 CFR 208.7(a)(1) because of the increased volume of affirmative asylum applications and accompanying Applications for Employment Authorization, over two decades of changes in intake and EAD document production, and the need to appropriately vet applicants for fraud and national security concerns. DHS believes that the 30-day timeframe described in 8 CFR 208.7(a)(1) does not provide sufficient flexibility for DHS to meet its core missions of enforcing and administering our immigration laws and enhancing security.
180-day automatic extension
DHS implemented the 180-day automatic extension for eligible individuals, including pending asylum applicants for renewal EADs, in accordance with the 2017 AC21 Rule. As a result, the subject EADs are already automatically extended, even if the renewal EAD application has not been submitted at least 90 days in advance of its expiration. DHS therefore proposes to make a clarifying amendment to delete subsection (d) from 8 CFR 208.7. Under this change, pending asylum applicants would not need to submit Form I-765 renewal applications at least 90 days prior to the employment authorization expiration in order for the employment authorization to be renewed. Pending asylum applicants would be able to submit Form I-765 renewal applications up to 180 days prior to the employment authorization expiration, as recommended by USCIS on its website, and the EAD would be automatically extended for up to 180 days from the date of expiration.[24] This proposed change would reduce confusion regarding EAD renewal application requirements for pending asylum applicants and ensure the regulatory text reflects current DHS policy and regulations under the 2017 AC21 Rule. DHS welcomes public comment on all aspects of this proposal.
Additionally, under the 2017 AC21 Rule, applicants eligible for employment authorization can have the validity of their EADs automatically extended for up to 180 days from the document’s expiration date, if they (1) file before its expiration date, (2) are requesting renewal based on the same employment authorization category under which the expiring EAD was granted, and (3) will continue to be authorized for employment based on their status, even after the EAD expires and are applying for renewal under a category that does not first require USCIS to adjudicate an underlying application, petition, or request.”
Thank you
Thanks, Mentor, the problem starts when the ID/Driver’s license has the same expiry as of EAD and it expires, if EAD is not expiring within 180 days, the DMV will not accept that. The people sitting in DMV do not care about your problems and they keep your request for renewal pending unless they get a reply from USCIS. There has to be a system to renew license automatically if the EAD can be used after about 180 days of its expiration.
Lots of confusion i must admit.
I trust Jason to do justice to the post helping with key take-away. I wish i could say i know what lies ahead for the ‘asylum community’ but i don’t. God help us.
I am not sure how much effect this will have. The regulation, as written, says that first-time EADs filed by asylum applicants should be processed in 30 days. For years, USCIS did not follow that rule and it took months to get the first EAD. Then, a year or two ago, there was a court case where the judge ordered USCIS to produce the cards in 30 days. As a result, that has been happening (mostly) since then. I guess USCIS does not like having to do the EADs fast, plus they want to be unfriendly to asylum applicants, and so now they are changing the regulations so that EADs can be processed more slowly than 30 days. How long it will take, we will have to see, but if it is like before, it will be maybe 3 or 4 months (on top of the 150 days people have to wait before filing for the EAD). Renewals are essentially unaffected, as far as I can tell, and they still get the 180 day extension, assuming they are renewing under the same category as the old EAD card. Take care, Jason
Thank you so much Jason.
Please help elaborate more on the last bit:
“Renewals are essentially unaffected, as far as I can tell, and they still get the 180 day extension, assuming they are renewing under the same category as the old EAD card”
For instance, I have my first EAD expiring next year, interviewed already but no decision. How does the 90/180days apply to me upon renewal?
As I read the new regulation, you can file to renew any time, starting 180 days before the old EAD expires. I guess the old reg said you had to file at least 90 days before the old EAD expired, but I am not sure, and I have never seen that rule enforced, so I do not think there is any real change for renewals. Take care, Jason
Thank you sir.
Your’re such a huge blessing to us All on this forum.
Hello Jason!
I filled for asylum by myself 4 years ago and my interview is not scheduled yet.
Couple months ago I paid lawyer for consultation and he told that I don’t have a lot of chances since political situation in my country changed. Recently I spoke with another lawyer and she told that she can try to help, make some amendment to my story so i’ll have better chances even if political situation changed. My question is .. In your opinion, is it worth to hire her? Previous lawyer was more straightforward … She has a good reviews on Avvo, that’s why I’m not sure… Is it too late to make some changes to story?
I think I trust your advice more than any other person in US.
Thanks!
Changes in country conditions can affect the chances for success, for better and for worse. But without knowing specifics, it is hard to evaluate. It would also matter if you had past persecution or not. Where a person suffered past persecution, he will generally qualify for asylum unless the US government has evidence to demonstrate that conditions have improved (and even then, it may still be possible to get “humanitarian asylum” depending on the past persecution). You can and should update your case prior to the interview and make the strongest argument that you can. In terms of the two lawyers, I would trust your feelings about them, or maybe seek a third opinion if you are not satisfied. I would not pay a lot of attention to online ratings, as those are easily manipulated and are not very useful. Take care, Jason
Hi Jason, I hope you are doing well. I posted this again as I thought I had posted it on the most recent thread.
1. Does the USCIS send a detailed report about an asylum interview (that is not approved later on) to the judge and lawyer prior to the individual hearing ?
2. Is it possible to call EOIR directly to ask about the grant rate of a specific judge (freedom of information act) ?
3. What is another way to know of how one of the newly appointed judges is adjudicating cases (grant vs. denial) ?
4. Is a judge that interrupts testimony and very strict about deadlines generally considered a tough judge ? or is that typical of any judge ?
Thanks
H.
1 – If a case is referred to court, the DHS attorney (the prosecutor) should have a copy of the asylum officer’s notes and reasoning. The judge should not receive that. 2 – I highly doubt it. You can check TRAC immigration, or I suppose you can try to FOIA that judge’s data. 3 – Talk to people (lawyers) who practice in the court. 4 – Not necessarily. Some judges are not nice, but they tend to grant more cases. Other judges are nicer, and they deny you with a smile. I think the best thing to do is to prepare the case as well as you can, and if the case is good, most judges will grant it (but of course, there are exceptions, including glaring exceptions, but usually the reputations of such judges is know). Take care, Jason
Dear Jason,
I applied for asylum in May 2015 and still waiting for interview.my wife is green card holder and she can apply for citizenship in october 2020. With given the time frame, do you think she cloud become citizen and file petition for me during asylum process ?( I mean considerig of time during of asylum including court time)
I think it is possible that she will be a citizen before your interview, but of course, I do not know for sure and there is really no way to know. You should feel pretty confident though – even if you get an interview soon and the case is denied, by the time you go through the court process, she will likely be a citizen – assuming you are eligible – she can petition for you. So if you do not get the GC from asylum, you should get it through marriage. By the way, I wrote about this issue on August 2, 2018. Take care, Jason
Dear Jason,
I cannot thank you enough for all the help you provide here. Your Blog has really helped me better understand the process.
I applied at Newark Office on September 2017. Do you know of anyone who has applied during that time and has been interviewed? Maybe you could encourage your followers to share any information they have?
Also, do you know if Newark Office entertains expedite requests or only short-list? Can I request directly or through lawyer? Thank you so much!!
Hey Lon. Last month, Newark was interviewing case filed in October 2017 from the backlog ( information obtained from the Newark Asylum office). It means that September filers were next. So you can expect an interview anytime soon. But with the relocation of their staff in the border, I don’t know how things are going anymore.
Hey NEMA,
Thank you for your response. May I ask how did you obtain that information? Can I contact the Newark Asylum Office to find out which month are they interviewing? I thought they stopped giving any scheduling details/updates. Thank you again for your help.
I have had cases interviewed there in 2018 and 2019. However, supposedly, they are stopping affirmative cases for a time (I do not know how long, and I am not 100% sure this is true, but I read a couple articles about it). Once they are working on affirmative cases again, you can try to expedite or short list. You do not need a lawyer to do that. Contact their office – you can find the contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Dear Jason, today I got letter that I should go to do Interview again at local office for my Greencard ,I field for my green card one year ago and I got RFE for my negligent driving violation happened 5 years ago at my state around 3 months ago , and now I should go fr interview again, do you know what will I expected to that interview? Is it related to the Negligent violation or they going back to my asylum case and We should re interview all the case again?
I do not know, but you should assume the worst – make sure you have a copy of all your documents, including the driving issue. Also, review your asylum case so you can answer questions about that, if asked. Hopefully, it will be no big deal, but it is best to be prepared, just in case. Take care, Jason
Dear Jason
Thank you very much for all your help. You work is truly inspiring. I had a question about my position for interview if I relocate. My case is currently with Newark Office, and I am relocating to Los Angeles, California this December. I am wondering how my position will change? Will they consider the date when I applied when scheduling my interview in California, or they will put me all the way back on the backlog? Any information would be greatly appreciated. Thank you
As far as I know, once you move, the case is treated as if it was filed in the new office. Currently, LA is moving along and supposedly, Newark is stopped temporarily (though I have not confirmed that), so I guess it is possible your case will get interviewed once you transfer to LA. Be ready with evidence, just in case (obviously, it is also possible that you will not get an interview, but it is best to be ready). Take care, Jason
dear Jason
thanks a lot for your time, care and advice
I had a problem I send my green card form for me and my family to USCIC more than a month with a fee removal up on we receiving food stamp and low income and I track the package and said its delivered but till now USCIS didn’t send me receipt for my form , I don’t know what to do. i have 3 questions pls answer me when you can
1- do you think they not send me the receipt because of the green card fee removal
2- do I had to resent another application or not
3- how can i ask about my case because when i try to check online the website ask about receipt number which i didn’t receive it yet
thanks again
1 – Maybe, but we have also seen some delays with receipts lately, so I am not sure. 2 – Not yet, as you need to determine where the first application is. 3 – You should call them at 800-375-5283. Do this immediately. You can use your name and Alien number (if any) to inquire about that case and hopefully see whether it is received. If it is not received, you will probably need to re-send it soon, as the rules are changing with regard to public charge, and this could affect you (depending on the case). The rules change on October 15, so you would want to re-send it by early October. Until then, try to call and find out whether the case has been received and is being processed. Take care, Jason
Hi JASON,
Hope your doing good..
As you mentioned in this comment if we obtain public charge this will be problem to get GC,
But last month when i asked you if iam taking only Medicaid and you have mentioned that’s not applicable for granted Asylee.
Am confused could you please tell me, this rule will be applicable for everyone including granted Asylee?.
Because myself , Spouse and kid having medicaid .but the thing is my spouse she’s pregnant and kid both are using medicaid . so this will be problem when am applying for GC.
Please need your Advice on this JASON .
Thanks,
VJ
I would check with a lawyer to research the question to be sure. My understanding is that asylum seekers and asylees are exempt from the public charge rules (by statute) and people with a GC are not blocked from citizenship due to public charge issues. I have not reviewed the full regulation thoroughly and so I am not 100% sure about this (well, I am certain that asylees and asylum seekers are not subject to the public charge rules – I am not completely sure about the other part). I have not seen any thorough explanations about the rules yet, but maybe you can Google around and find some. If I have some info about that, I will try to post it. Take care, Jason
Dear Jason
Hope you are fine-
I did my interview last week-
Had my interview after four years
During my interview d offer asked me if i have anyother status i said i dont!!!
She was asking about my current activity- and i have had my university ID card with me im doing my MASTER in a private university- I haven’t changed my visa to student!!
Based on your experience will this cause deny my case – wont they deny it because im studing i should have changed my visa type to student!!!!!
Please clarify it
Unless you lied about something, I do not see how this would have any effect. Lots of people who are here waiting for the cases decide to study at university (usually using the EAD as their ID) and that has no effect on the asylum case. Take care, Jason
Dear jason
Is studing causing any problems towards asylum decisions???
I do have my driving license and EAD but on interview day i showed them my university ID AS WELL!!!
Studing should be consider a positive progress for an asylum seeker-
But i was not required to changed my visa to student because if university was asking to do then i would have declined to go school- because my B1 visa expired 3 years a go and im having pending asylum!!!
I have never seen a negative effect on an asylum case because a person is studying. I think it is normally viewed positively or neutrally. Take care, Jason
Greeting Jason and my asylum fellows.
I would like to know if the Newark asylum office has a walk-in day because I’m planning to go inquire about my case in person. Thank you
I do not know, but you can email them to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. That same web page should also list office hours. Take care, Jason
Dear jason
After interview based on your experience
Its obvious that some people get asylum granted- what’s other result as a result of interview!!
Is it only granted and denial or they referrig to courts as well
The results can be granted, Notice of Intent to Deny, denied, or referred to court. I wrote about these on February 21, 2018 and March 7, 2018. Take care, Jason
Thank you
But the officer told me that if your case is approved you will receive it in your mail or you will be refer to courts she said refering to court doesnt mean denial n you have another chance to win – she didn’t mentioned about denial or intent to denial-
You think she will sent me to court
A denial (and a notice of intent to deny) are only issued to people who are currently in lawful immigration status, so if your status has expired or if you never had status, those would not be options for you. Take care, Jason
Hello Mr. Jason,
Thanks for your guidance . I have a quick question. I applied my case in December 2016 in Los Angeles office. Do anybody know how long it’s gonna take for interview ?
I applied in June 2015 from Los Angeles and still have been waiting for my interview.My expedite request was rejected last year.I wanna try one more time but no hope at all.
Last year, things were slower in LA. Now they are moving a bit faster (at least according to data that I saw and posted here on June 12, 2019), and so it may be a good time to try again to expedite. Take care, Jason
No one knows – the LA office is moving kind-of quickly these days (at least according to the most recent data I have seen, which I posted on June 12, 2019). Because things are moving, it may be a good time to try to expedite. I wrote about expediting on March 30, 2017. Take care, Jason
Dear Jason,
I have a question about my pending asylum application. I had my second interview 6 weeks ago still no decision even though AO told me that they would issue the decision in 2-3 weeks, she repeted it several times and when I left the office I was confident that I would recieve decision in that timeframe. The officer told me that they will mail my decision in 2-3 weeks and if I won’t recieve it I can come to the office and inquire about it. Now I want to go to Arlington but I do not have infopass appointment, do they still let people in without appointment?
I have another question and I would really appreciate if you help with it. I worked for the embassy before I came here, it was the embassy of third country, and on my interview AO wasn’t satisfied with my answer when she asked me about how I got that job. Is it possible that AO may contact that embassy to get information about me and share some information with them? I know that they do not share any information with applicant’s country of origin, but how about other countries?
Zuhaa
Would you mind sharing your country!! Wherr are you from
You have to make an Info Pass appointment, and you can do that by following the Info Pass link at right (by the way, it is pretty common for officers to give a time estimate for the decision, and that estimate turns out to be wrong). I highly doubt they will contact the embassy about you. That sometimes happens for people in court, but even that is very uncommon. Take care, Jason
Hello Jason!
Thank you for your response!
Do you think if I go tomorrow without an appointment they will not talk to me? I just cannot make an appointment for tomorrow, which is Wednesday, instead it only gives me times for appointment next Wednesday. I only can go tomorrow, do you think It would be waste of my time and money? I know that they will probably won’t help me but I still want to go and do something. Otherwise, I believe that my decision will be delayed for another 3 years. I am so tired of waiting, I have tried an Ombudsman and Senator, and I hoped that this time they would give decision in time but apparently it never gonna happen.
I doubt they will see you if you do not have an appointment. You can try, but probably that won’t help. The better choice is to find another date when you can go, and then make an appointment and go on that date. Hopefully, they will be able to give you some positive news. Take care, Jason
Thanks for sharing…..and congratulations.
How did you expedite a decision?
Hello Jason, thanks for all your been doing for us. I applied for asylum in Jan 2018 and I have my asylum interview coming up next month and I’m currently married to a US citizen since Dec 2018 but I didn’t apply for green card based on marriage because my spouse don’t live with me currently as he is in a nearby state. Will the Asylum Officer ask me why I didn’t apply for green card rather than Waiting for asylum ? And if he does what is the best response?
Thanks
First, they will probably not delay the interview for you because of the marriage, and so you should prepare for that and try to win the case. I did a post on September 8, 2016 that might help. Second, you should bring with you to the interview a completed page 2 of the I-589, which will have your spouse’s info and bring also evidence of the marriage (marriage certificate, photos together), and evidence about him (birth certificate, passport, letter from him). Third, you are not required to file for the marriage case, and I do not know that they would ask, but if they do, you can explain that you live in different states and don’t yet have enough evidence (assuming that is the explanation). Finally, if the asylum is denied or delayed, you might think about doing the marriage case, as that is usually easier and faster. Take care, Jason
I applied for asylum and I’m waiting for my individual hearing court. Meanwhile I got the EAD card and SSN. Can I open a bank account now? Because most of the banks say they need passport and my passport is held by the US government. Many thanks.
Yes, go to any Bank of America or Chase bank and open an account. Make sure you have your EAD, SSN and any passport from your country
Sir, as I explained I don’t have my passport because it’s with DHS now and I have just a copy of it which they don’t accept
Hi
You can go to wells fargo. They don’t need passport to open bank account.
You should be able to do that. Some banks are better than others, but maybe someone here can recommend a place that will allow you to open an account without a passport. Take care, Jason
Hi Jason.Thanks for your advice and i am again here. i Granted Asylum in June 2018 in NY. i Applied i730 for my wife and kids in my Country in July 2018. i moved to TX in Febuary 2019 and changed my address on uscis too. i got i797C letters last werk for some of my kids to Biomatrics near to my Address in TX usa next week. i was very consfused and contact you here. You advised me to call uscis first and then write them too. i called USCIS some days ago. They connected to to another officer.She heared my matter and got info and called me back. She advised me to Write a letter tp Texas Service Center and mention the situation. Then i wrote a letter to TSC with mentioned all the situation.Also sent copies of all my family members and these biometric letters too. Also mentioned my Family address in my Home country. Now my request is that What i should do more and how matter may be solved?
Noot would u mind plz share yr timeline for newyork??
I am not sure what more can be done now. It sounds like you took the correct steps. My concern is that it will not work, and so I think you have to keep an eye on things. If there is no news in 30 days (which is normally a short time frame), maybe call them again and see if you can find out whether USCIS understands that the family members are outside the US. You might also want to hire a lawyer to help with this, but I am not quite sure what more a lawyer would do at this stage other than follow up with USCIS. Take care, Jason
Hi jason.if it will not work then which more step i should take immediately as USCIS understand that my all Family is not in USA but in my Home Country? Kindly guide me i am confused and doubt that USCIS may not denie my Familys i730. i have written them 2 page letter fir correction and they received too. What i should do next immediately? Plz guide sir.
Noor can u plz share ur timeline for newyork
I think there is nothing more to do – hopefully the letters and call will work. I do not know whether they will work, but I think you should follow up with another call. Maybe in a month? To give them some time to make the change to the case. I guess you can call sooner, but in terms of other things to do, I do not know that there is anything more to do except call again and try to confirm that the case is now changed to consular processing. Take care, Jason
Hi Jason
I just moved to another state and I have not find a lawyer yet, is it possible that I file a motion to change venue with the Immigration court by myself or must it be done by a lawyer?
You have to file a change-of-address form, EOIR-33 (which you can Google) and you are supposed to do that within 5 days of moving. You can also file a Motion without a lawyer, but it is difficult to know all the rules. You can Google “Immigration Court Practice Manual” and maybe that will help. It would probably be better to find a lawyer to help you, and anyway, it increases the chances of winning in court if you have a lawyer. Take care, Jason
Hello everyone
I am in a state of excitement and happiness. This is just to share with you my timeline and enhance your hope and faith in this hard time of waiting. This kind of “Waiting” is one of the toughest things I ever experienced in my life. Here is the timeline.
Came to the USA….Feb 2017
Applied for asylum…March 2017
Expedite request ….July 2018
Asylum interview ….December 2018
Expedite request for Decision ….July 2019
Decision (Asylum granted)…Sep 4 2014
Asylum office….Chicago
Now, I am going to process for my family. I am willing to reply for any general questions over here in regard to my experience.
Guys do not give up and stay positive. I know how tough and frustrating this process is but just stay strong. I strongly believe prayers can make a difference, so I encourage you to lean on prayers. God be with you all.
Use this blog as much as you can. Jason is a uniquely amazing person. What a commitment? Most of us paid a bunch of money for our lawyers but not getting even a response from them. But this awesome brother is dedicating his precious time to help us. God bless you, Jason!
wow, Congratulations GRANTED ASYLEE!!!!!!!!
I have a very similar timeline to yours. Applied March 2017, interview Dec 2018, called for second fingerprint, July 2019. No reply yet. How did you expedite your decision? I also applied in Chicago. I don’t know how to expedite for the final decision. Thanks and looking forward to your reply. Congrats again.
Hey Asylee; Thanks. It’s amazing we got pretty much same timeline. I had a humanitarian reason for my family back home and that was a cause for my expedite application. But, I have got two more letters that can support my application. This way, I bet you can expedite the decision.
Thank you for sharing the good news (especially on a Friday afternoon). Congratulations to you, and Welcome to the USA! Jason
How do you expedite a decision? What is the procedure. I did my interview a year and a half ago.
Hey Asylee; Thanks. I had a humanitarian reason for my family back home and that was a cause for my expedite application. But, I also got two more letters along with the evidence for the humanitarian cause that can support my application. This way, I bet you can expedite the decision. Good luck!
You can email the office to ask. You can find their email address if you follow the link at right called Asylum Office Locator. If you have a reason, such as a medical condition, include some evidence (maybe a page or two), like a letter from the doctor. If that does not work, you can try the USCIS Ombudsman – a link is also at right. Finally, you can try a mandamus lawsuit, which we wrote about here on October 2, 2018. It is difficult to get them to expedite, but certainly you can ask and see what happens. Take care, Jason
Dear Jason
After interview why would an officer says for someone to come and pick up your decision and for someone they says we will mail for you!
For me personally in Virginia office said at the beginning that if you live closer to our office we will ask you to come and pick it up?
At the end she said my supervisor said we will mail it to you!!
Do you think this is About the distance ?
Even though i told her that im willing to come and pick it up
If you have experience any sort of similar issues??
Sometimes it is due to distance, but more often it is because they cannot finish the case in two weeks. Either they don’t have time to finish it or the background check is not done. It is very common to have mail-out decisions and this does not tell you anything about the chances of winning. Take care, Jason
Hello Jason, may I ask you a question please? If I apply Refugee Travel Document with Green Card together, should I pay both fingerprint fees for both or I don’t need to pay fingerprint fee for RTD since I’ve already pay for GC? If I apply I131 and I485 together, will the USCIS ask me to do fingerprint twice or just one time is fine? Thank you!
If you apply together, you can just pay the I-485 fee ($1225). That includes the I-131. Normally, you should only be fingerprinted one time (or sometimes, they use the fingerprints they have and you do not need to get printed again – they will send you a letter if that is the case). Take care, Jason
Hello Mr. Jason, I hope you’re doing fine.
I’m an asylee and I applied for a Travel Document. I mailed the application on July 2nd, got the received notice on July 10th, and gave fingerprints on August 16th. However on the USCIS’s case tracking site, it still says “Fingerprint Fee Received” for almost 2 months without any updates. Is there something wrong or doesn’t USCIS update the status screen?
Thanks
I doubt anything is wrong, and the Refugee Travel Document seems to be taking longer to process these days (maybe 4 to 6 months). If you are concerned, you can call USCIS at 800-375-5283 to check on the case status. Take care, Jason
Hi Everyone. I’m asylee and submitting AOS I-485 form based on asylum status. Then I need to submit I-130 for my wife in abroad. Can I do it together?
Thanks for everyone who can give me advice.
If you were married at the time asylum was granted, and it has been less than 2 years since you got asylum, you can file an I-730 for your wife (this is a petition for the relative of an asylee to follow-to-join you in the US). That will be faster. Otherwise, you have to file the I-485, wait until you have the green card, and then file the I-130 for her. Take care, Jason
Hi Jason. I hope you are doing great!
I am an asylum applicant and finally today my status changed to decision is mailed and ead clock is stopped. What are the possible decision outcomes given that I am in legal status here in US. Could it be final approval or denial?
Thanks in advance!
Same is my situation but the EAD clock is running. I don’t know how to interpret it.
You really have to wait for the decision to know, but some commentors here say that if the decision is issued and the clock stops, that may indicate a grant. If the clock does not stop, it may indicate a denial, but I have not seen that or heard that, so hopefully, it is wrong and you will get a good decision. Good luck, Jason
Hello Jason,
The theory that “EAD clock running” is a referral or denial, and “EAD clock stopped” seems untrue in my case because I have my EAD clock running in the status while Decision Mailed and I got a Recommended Approval today. Thanks to you for your tremendous support in preparing the case as my attorney. I hope I would receive the Final Approval soon.
Everyone,
Keep hoping, I know it is hard time to go through, but patience pays off. I had tough times waiting for the this letter for 3 days when the status changed decision mailed and the clock was running. I was so stressed that I couldn’t sleep. Now I think I need to have some good sleep and I hope the final approval would follow soon. Thanks to all for your comments and sharing which gives orients to the process, answers some questions and clarifies confusions we have.
Cheers
Thank you for this comment – it is helpful and makes an important point. Good night, Jason
EAD CLOCK RUNNING BUT RECOMMENDED APPROVAL, first, congrats on your recommended approval (RA).
An RA, though, is not a final approval; thus, your RA doesn’t disprove the “theory”. It only further muddies the water. You would have a point if you’d received a final approval and your clock was still running.
Jamie,
Thanks 🙂 I agree that it muddies the water. But it does make a point that “Decision Mailed” and “EAD Clock is running” is not always either a denial or referral to the court. There could be the third possibility of “Recommended Approval” which indeed is not Final Grant but still not a denial or referral as it was theorized earlier on different blog posts.
Commentors here on this blog have said that if the it says decision issued and the clock is stopped, that indicates a grant. I do not know, and I think it is best to remain patient and wait for the actual decision, which hopefully will come in a few days or a week. Good luck, Jason
Dear Uncle Jason,
I thank you for all you do.
It’s been 100 days since we applied for Asylum and no interview letter has come oir way.I am the principal applicant and my wife and 4 year old son are beneficiaries.
When the time comes for us to apply for EADs,shall we apply for the 3 of us including my 4 year old son?
Is there any hope we could be interviewed before 150 days?We applied in San Francisco.
Thanks
Many cases are not being interviewed due to the backlog – different offices have different backlogs, but I think SF is one of the “slow” offices, so it would not be a surprise if your case is in the backlog (meaning you will not be interviewed soon and no one can really predict when the interview might come). As for the EAD, you all can apply – each person needs his or her own complete application, though you can send all 3 applications in the same envelope. Since the first EAD is free, most people apply for small children, so they can have an SS number, but since the child will probably not need an EAD, there is usually no reason to renew the EAD in 2 years (and pay the fee), but that is up to you. Take care, Jason
Hi Asylee
Can you share which office did you apply with.
Thank you.
Based on my experience, if you don’t see I-765 application received message, most likely it’s a denial, or at a minimal, NOID.
You can also check the case type in myCases. If the case type is I-765, it’s approval.
Hello Jason,
I would like to ask a question regarding my asylum case.
I was interviewed 2 years ago and since then I haven’t received my decision yet. I talked with the CIS Ombusdman and the Congressman’s Office and also did inquiries many times but every time I received the same reply: Case is pending, actively working on it.
Recently, I talked with the Supervisor and they said they are waiting for the documents from another office about another pending case I have (that case was decided 4 months ago). This discussion happened a month ago and even if they use horses to carry these files, it would take less amount of time than a month.
Anyway, my question is do you know how long it takes to move my files from one USCIS office to the Asylum Office?
I actually assumed it was moved by donkey, which is slower than horse (I think). Just because the one case is resolved does not mean that they will take immediate action on your case. Maybe you want to make another inquiry with them and try to talk to the same supervisor if possible. Also, you should probably give them some time now that the problem has supposedly been resolved, but if it is taking too long, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hello Jason,
Let’s say my asylum case is pending for about 10 – 11 years and than it denied. I know there’s a 10 years rule in US where you can ask cancellation of removal if you physically lived in US during this years. Does this rule will apply to a person who’s asylum case was pending for so long term?
Thanks!
Cancellation of Removal is a possibility for asylum applicants who were sent to court. You need to show that you have 10+ years in the US before you are sent to court, you have no disqualifying criminal issues, you are a person of good moral character, and you have a US citizen or green card spouse, parent or child who will suffer exceptional and extremely unusual hardship if you are forced to leave. It is not so easy to get, but it is certainly possible if you meet the requirements. Take care, Jason
Hi Jason,
Hope you are doing good. Any hope for the pending cases early 2015 in Arlington office?
Thanks
Hope springs eternal, but we have not seen a 2015 case interviewed in a while. You can try to expedite – I wrote about that on March 30, 2017. Also, if/when Arlington starts doing backlog cases, they will be going from oldest to newest (at least that is what they said last time this issue came up), and so they would probably be working on cases from the very end of 2014 or the beginning of 2015. Take care, Jason
Dear jason
During my interview in Virginia- i had a picture in my phone to show to the officer-
And i pulled out my phone to show her but at first she said telephone is not allowed to bring up on the table – but i told her i have a picture to show you then she allowed me to tell her.
Will that affect the decision result- im abit worry please based on ur experience what’s ur idea??
I doubt it will have a negative impact. The better approach would have been to print the picture and include it with your other evidence. Take care, Jason
Hi Jason,
I’m curious if you’ve seen any changes recently in how USCIS handles naturalization cases of former asylees? Are there any additional delays, extensive questioning or investigations? Based on the forums from 2008-2015, it seems like most asylee citizenship interviews have been as straightforward as all other citizenship interviews without any questions asked about asylum case. I’m wondering if USCIS started to treat asylee citizenship applicants differently now?
I have not done any very recently, but we had several asylee clients naturalize early this year, all from countries that the Administration does not love: Iran, Sudan, and Yemen. All of them are well educated and spoke English fluently, and all naturalized pretty smoothly. The woman from Sudan had a few month delay between the interview and the swearing in, but that was the worst of it. I do think it is very important to be consistent between the different application, particularly on questions such as arrests and organizations you were a member of. They are being very nitpicky, and it is easy to miss something. Take care, Jason
Hi Jason do you know how fast Los Angeles is working on Backlog cases ? Have u heard anyone interviewed from 017? Thanks
LA was the slowest office for a long time, but as I read the most recent data (which I posted on June 12, 2019), they seem to be interviewing all new cases and maybe working on some backlog cases. I do not know whether they are working on the backlog from oldest to newest or newest to oldest. Either way, you are kind-of in the middle (though probably closer to the newer cases, since when they stopped posting info, they were still working on 2013 cases, I think). My guess is that you have some time to wait, but I am not sure. For offices that are moving, like LA, you may have a better chance to expedite, so you might try that – I wrote about expediting on March 30, 2017. Take care, Jason
I literally Requested for expedited interview twice with Medical reason and they never answered back
Such request sometimes disappear. That is somewhat common. You should try to contact them again to follow up, or if you can, go in person to ask. Take care, Jason
Dear jason
Today was my interview
But when im checking my status still its say the same like before that we scheduled your interview………
You think this will change soon or they scheduled me for another interview.
I think they update database once a day. 10-11AM EST.
I expect it will change soon to “decision pending” or something like that. I do not know how long it takes to make such updates. Take care, Jason
The only way to resolve this problem is for Democratic Party winning the white house…
Dear jason
I hope you are fine!
I have had my interview today in Virginia – it last two and half hours-
Once the interview finished the officer told me and asked to wait two minutes to receive instructions from supervisor whether you come here to pick up your decision or it will be mailed-
Then she come n said you can go your decision wjll be mailed-
Dont u think my interview took abit longer thrn usual-??
How long will be abel to receive the decision?
And she give me a paper stated that if ur cases is approved you are all set- if you reffered to courts then you can tell your story there-
Can you please tell me based on your experience – which types of cass will be referring to courts??
And how soon court interview will come??
Please answer thr abobe concern!
Would glad
I think your interview time was normal. As for the decision, the wait time is not predictable. We have seen cases take a few days, and we have also seen delays for months or years. The cases with the most delay (in general) seem to be men from Muslim countries, but sometimes they can be fast too. As for court, there is no way to predict or explain, as each case is different and each officer is different. If you have a valid basis for asylum and the interview went well, you should be fine. In terms of time frame in court, it is again not predictable, but cases usually take 1 to 3 years. Take care, Jason
In Arlington my interview took about 4 hours and at the end, the interviewer asked me to come back, she said my lawyer will be informed about next interview date, second interview held after two weeks, she called me for about 30 minutes and told me to wait for the decision that may take up to six months. Its been about 19 months, still waiting.
This is pretty common – where the officer tells you it will take X months, but then it takes 10X months. You can contact the asylum office to inquire. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason.
Hi Jason-
Can you travel with National passport if you are not political asylum? I just traveled abroad with GC and Travel Document and CBP officers told me I don’t need RTD and that I can use NP.
Is that true?
If you have your green card and got that some way other than asylum, and you never claimed asylum before, it should be no problem to travel with your passport and re-enter the US with a GC. That is the normal way to do it. Take care, Jason
Jason,
I have GC from claimed asylum. I heard that if you are non political asylee you can use your passport instead of RTD for traveling. I did some research, but want to confirm with you. Most of lawyers advise not to travel with national passport but CBP officers said I could use it. I’m confused what to do… traveling with RTD is very frustrating.
There is no hard and fast rule. If you use your passport, you could create issues. It is less likely if, for example, you do not fear your government (which issued the passport), but instead fear a terrorist group in your country. Many of my clients like that have used their passports without problem. However, you could face questions about using your passport and your asylum case even if you do not fear your government. You should be prepared to explain if asked. I doubt it would lead to termination of asylum proceedings, but that is not impossible, and these days, it is best to be cautious and use the RTD if you can. Take care, Jason
Hi,
Dear Jason,
Thank you so much for unlimited help. I have a concern.
I am a doctor back in my country. I sought asylum in year 2017 but till now I have not heard from them. Now I am applying for residency position this year and some program mention no EAD on their website. Can I expedite my case based on this?
Thanks and regards
I wrote about expediting on March 30, 2017 – maybe that would help. This can be a reason, but I do not know how likely it is to work compared to other reasons (such as health issues or family separation). Anyway, the expedite process involves a lot of luck, and so it is worth a try. Take care, Jason
Thank you Jason and Liz for your advice.
regards
Hi Doc.
I have been there and that’s pretty tough especially as eras opens this week,I will advise you apply to community programs that accept EAD for now,sadly your ECFMG certificate qualifies you for Visa sponsorship but you can’t use that with a pending asylum case.
Wish you all the best.
The walk-back has started it seems…
https://www.uscis.gov/news/alerts/uscis-re-opens-previously-pending-deferral-requests
thanks.