Kate Sugarman is a family physician in Washington, DC. Here, she writes about her experience assisting detained asylum seekers who have health problems, and she invites you to join her and Doctors for Camp Closure for a lobby day and march on October 18 and 19, 2019.
In about 2005, I learned that if I can properly document scars of torture for someone who is seeking asylum, it greatly increases the odds of their being granted protection. So began my passion for human rights medicine and working to bring justice to immigrants seeking asylum in the United States. I have interviewed, examined, and written up forensic evaluations for well over 600 immigrants seeking asylum. All of these people have either been granted asylum or their cases are still pending.
Over the past several years, I have also been asked to go into ICE detention centers to document scars of torture for immigrants seeking asylum. Most of these people were detained upon entering the U.S. They have not committed any crimes, and are being held only because they have requested asylum in the United States.
During the summer of 2018, like many other Americans, I became upset over family separations happening to those arriving at the ports of entry along the Southern border. I reached out to human rights doctors and lawyers and I became aware that many immigrants being detained in ICE facilities were being denied necessary medical care. I started building a medical-legal partnership, in which lawyers who were working with individuals being denied medical care while being held in detention could contact our group of doctors for an assessment of their client’s medical risk as a result of having appropriate care withheld. We then wrote medical letters to ICE to describe our findings, as a means of advocating for detainees to receive the care they needed and deserved. Some of our letters included medical assessments, such as “Denying HIV infected people their HIV pills would result in their getting sick and dying from a treatable illness,” “Denying surgery for a growing and painful inguinal hernia puts a patient in terrible pain and in grave danger,” and “Not treating a patient with a deep osteomyelitis that is now oozing large amounts of pus and giving her a fever will cause her to die from a treatable condition.”
Until a few months ago, more than half of these letters resulted in the person getting released. That is no longer the case, as ICE is now refusing to release asylum seekers, even if they are severely ill. As a result, I am shifting my energies, though I continue to work on behalf of detained immigrants who are being denied health care.
One case I worked on recently was for a man named Yoel, who is seeking asylum from Cuba and whose case was profiled on NPR. His lawyers contacted me because they were hoping I could get him released based on his untreated medical condition. He had been detained in Louisiana. He has a lung mass, which is quite suspicious for lung cancer. Instead of giving him a lung biopsy, which is the standard approach in this situation, ICE kept moving him back and forth from Louisiana to Mississippi. Despite a nationwide outcry from many doctors and members of Congress, he was deported, even though his wife is a U.S. resident living in Florida. Two days later, the U.S. Supreme Court ruled that people arriving at the Southern border to request asylum have to wait in extremely dangerous conditions in Mexico without being allowed to enter the United States.
A few days later, I testified on behalf of a woman seeking asylum. Since she is not being provided appropriate medical care, her neurological degenerative disease is getting worse. The judge spent most of his time grilling me over details that had no relevance at all to what I was trying to tell him. In that case, we are still waiting for a decision and the asylum seeker is still behind bars.
Which leads me to why I joined D4CC – Doctors for Camp Closure. There is no healthy amount of time for any man, woman or child to be behind bars, denied the basics of human health and dignity. Seeking safety and asylum in the United States should not result in inhumane, dangerous incarceration. We have already seen the results with multiple adults and children dying in ICE custody.
Please join us Friday October 18, 2019 as we lobby Congress for the health and safety of immigrants. Our March for Migrants in Washington, DC on Saturday October 19 is open to everyone who shares our concerns. Spread the word and let’s work together to put an end to mass incarceration of people who deserve care, not condemnation.
You can find more information about D4CC and the upcoming events here:
Facebook: https://www.facebook.com/groups/915776502154354/
Twitter https://twitter.com/Doc4CampClosure
Instagram: @Doctorsforcampclosure
Website: https://d4cc.squarespace.com
Hi Jason,
I applied for Asylum November 2015 from NY. Moved to Nj 6 months ago and changed my address now it is at Newark Asylum office- i am the one of backlog cases. I went to Newark office by myself and I applied for short notice 2 months ago, they updated my phone and email. I haven’t get any news from them yet and my case is still waiting for interview schedule. By the time I have been preparing my case.
My question is my EAD card will be expired January 2019- if I apply from now I have to pay to my lawyer and plus renewal fee. It’s a lot of money and this will be 3rd time renewal my EAD card. What should I do? Should I wait for short notice answer from them until the December and then apply for the renewal? Or I should pay that amount ($750) from now and start processing my 3rd EAD card? I am so confused and tired keep doing the same things since 2015. I want to give up sometimes but it’s not easy. I have been working so hard and trying to build my life but still didn’t get my interview. I see many people around me just came to this country and get their status and move on. I am just waiting my interview and don’t even know if they accept me or not. It’s a lot of pressure. Please give me an advice.
Thank you
Leyla
Don’t apply EAD through lawyer, fill form I-765, you can download it and its instructions from USCIS website, will have to pay $410 only.
Take care.
I assume you mean it will expire in January 2020? If so, you should renew now. It is very doubtful that you will be scheduled for an interview by then – the NJ office announced that they would be devoting most of their resources to cases at the US border, and so they are supposedly not doing many interviews (though one of my LIFO cases there was recently scheduled for an interview). If money is an issue, you can file for a fee waiver (form I-912, available at http://www.uscis.gov). You might also consider filing the I-765 form without a lawyer, as it is not that difficult to do, especially if you have a copy of the old I-765 form from last time. Take care, Jason
Good morning Jason , thanks for all of your great articles and your time answering questions.
I applied for asylum in November 2014, and still waiting for the interview. Do you know by any chance if Arlington office is interviewing anyone from the backlog, and if they do which month is that ? Appreciate your answer.
We have not seen that in some time – in fact, they have been interviewing very few LIFO cases, let along backlog cases. However, last I heard, they said they would interview backlog cases from oldest to newest, and so if they start interviewing backlog cases, you should be near the front of the line. Make sure your case is ready to go. If things continue to be slow, you can try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hello,
I am Syrian asylum seeker, 6 years pending a decision with three conducted interviews. I know you wrote about that multiple times. But I kind of forgot and got confused with what is the latest regarding what I am going to ask:
1- Is there any problem to apply for DV Lottery program while I am pending asylum and while I am waiting for my decision “inside” the US?
2- I know it is not a guarantee to win a GC even they assumably approve my DV application. Do you have any quick advise to add on top of that?
Thank you very much for the D4CC efforts. I wish if you can organize a similar activity in California.
1 – No problem. You can apply. If you win, I do not know whether you can actually get the GC. My guess is that you would need to leave the US to do that, which might be impossible for multiple reasons, including the travel ban. But if you win, talk to a lawyer to see your options. There is no harm in applying for the lottery since it is free. 2 – I wrote a post about this issue on October 5, 2015. That might help. You might also consider a mandamus lawsuit to try to get a decision in the asylum case. We wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
My Derivative Asylum case is approved. I applied for an initial EAD. Here is the list of documents that I submitted:
1- Signed and dated EAD form ( I-765)
2- Approval Notice attached Arrival -Departure I-94
3- Pages of my passport ( expired) and initial I-94
4- Two identical photos with my name and A- number written behind.
Do you think, I missed any document? How long long does it take to get the initial EAD?
I can’t really say, as it may depend on the case, but it seems that these are the documents. If you are missing something, USCIS should send you a notice about it. Take care, Jason
Dear jason
Thank you for being there for us
Its been 35 days since i have done my interview- no decision yet- i email them they responded today that its still pending finale decisio – i wanted to to Arlington this walking day on Wednesday- should i go- will that make any difference or email response is fine-
Im from Afghanistan
There is no more walk-in days at Arlington. You need to make an Info Pass appointment – there is a link at right for that. Take care, Jason
Since when walk-in are no more available- because last month people used to came for walk- in
They told us that they were discontinued some time ago, and I thought that was the case. Maybe I am wrong, but we have been using Info Pass for all appointments for the last several months. Take care, Jason
Hello Jason. I was at Arlington office today, October 9. As a walk in.
I guess that answer that question – they are still accepting walk-ins, despite their announcement that they would not do that. Anyway, that is probably a good thing for those who cannot get an Info Pass appointment. Take care, Jason
I want to write a letter to Asylum office to add me in the short list. How is that supposed to be? What am I going to say in the request?
Not all offices have short lists. The best thing is to email them and ask. You can find their email address if you follow the link at right called Asylum Office Locator. Make sure that your case is done and ready to go – if you are called from the short list, you may not have much time between the call and the interview, so evidence should be submitted already. That said, the short lists are not short, and you will probably wait for a long time, but at least it gives you another option to try to get the interview. Take care, Jason
Dear sir jason ! please help. question. I am in desperate mode. It has being 5 years and I HAVE not had interview. asylo office director does not do anything for my expedite on health issues. How do I contact USCIS current director, it is possible. ?? is there way to do such thing ? I am horrified. thank you mister.
I know of no way to contact the director, and even if you could, I doubt that would help. The more realistic option is to try again to expedite with better/stronger evidence. You might also contact your Congressional representative (a link to the House and Senate is at right), and maybe they can make an expedite request for you. You could also talk to a lawyer about a mandamus case. We wrote about that on October 2, 2018. I do not know whether that would work if you have not yet been interviewed, but you can talk to a lawyer and see your options. Good luck, Jason
Hello jason!
I did my interview, two weeks later i received a recommended approval, i went on to check my case status online it was saying decision picked up, today i checked it again and it changes to decision still pending, and my ead clock is running again, is it normal? Or they are probably going to send me to see the judge?
Thank you for anything you are doing for us
I do not know, but the online updates seem to be not 100% reliable. I doubt they would take away your recommended approved. I would contact the asylum office to ask them directly and inquire about a final decision. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I read on the news that DOJ wants immigrants pay 975$ to request an appeal of an immigrant judge’s ruling and 895$ to request a case be reopened or reconsidered with BOIA.
That is the word on the street, but so far, I have not seen anything official. It is another effort to deprive immigrants, especially poor immigrants, of due process of law. Take care, Jason
Hi Jason! I have a few questions and I hope you can help me answering as you always do which I am very grateful for. I am in the US since 2015. I came as tourist with my child. after six months I got an extension for another six months B2 visa. I applied for Asylum before my B2 expired (which is within one year). Since 2016 I have been waiting for an interview. Now I do have two citizenship. would I have any chances even if I have a strong case? Also, my employee wants to file PERM LABOR CERTIFICATION for me, now I know that my I94 has expired in 2015 after just six months, would I even have chances to get that approved? Could I ask for Advance parole in order to adjust my I94 (get out and in the US) because it’s a big question if they will let me come back in the US. And another thing is I have EAD for the next two years and I have in ID for my child for another 10 years, including SS. I just got EAD renewal for myself but this time I didn’t apply for my child EAD since she is 11 and already has SS (I am just not sure if I should still have that EAD for her or not).
If you have two citizenships, you generally have to show that you would face persecution in both countries in order to win asylum here. If one country is safe, you cannot get asylum here. As for the job, I wrote about that issue on August 28, 2018. You probably do need to leave the US, which may or may not be possible. It would be a good idea to have Advance Parole if you leave, so that way, if your green card is denied, you can still return here with AP. Talk to a lawyer to go over the specifics of your case and see what you can do. As for your children, most people get the first, free EAD for the children, but do not renew if the children do not need to work. If the children want to work at some point, you can apply for the EAD at that time. Take care, Jason
Dear Jason, Can an asylum seeker ( pending asylum case) with a US law degree practice law in the US?
Yes, but you will have to pass the bar if you have a us law degree (JD) and if you have an international law degree and LLM in US then you will have to get the credit assessed by the bar and with permission, you will be able to attend the bar exam. The committee of the bar does not care about your immigration status.
I think so – I had a client once you was practicing law while his case was pending. As long as the person has a work permit. Maybe you want to check with the bar association for your state to be sure, as rules may vary. Take care, Jason
Dear Jason,
Does the asylum officer accept a medical report from a primary care physician? Or a medical report should be from a civil surgeon for any physical condition/illness? Please advice. I will highly appreciate your help. Thank you very much.
They can accept a medical report from either one. In my experience, reports from treating physicians are often more valuable than reports from doctors who do not know you as well. Take care, Jason
Dear Jason,
Thanks for all you do for the asylum community.I applied for Asylum in New York in April 2019.I have not received any interview notice till now.I EAD clock read 150 days already and I applied for the EAD.my wife and 4 year old son are beneficiaries in my case.
This morning I got 3 text messages from USCIS saying they had received our cases for EAD.I got 2 references.When I checked 2 were marked “we have completed a review of your Biometrics”.One Case stil says we have received your application.
=>what can be the cause for one file to be on hold?
=>How long do you think they can take to process this initial asylum EAD?
=>Do you think my asylum case is in the backlog?
Thanks for your time.
1 – Young children do not need biometrics/fingerprints, so it might just be that they did not need that for your son. And they already collected your biometrics when you filed for asylum. It sounds to me like everything is fine, but you will have to see how things develop. 2 – For a time, they were processing them in 30 days, but they changed that rule (I am not sure if the old 30-day rule is still in effect). Before it was 30 days, it took maybe 3 or 4 months, and so we might be under that time frame now, but since this change is recent, I am not sure. 3 – That seems to be the case. Normally, if an interview is not scheduled in the first 90 days, it means the case is in the backlog. Take care, Jason
Hi,
Does anyone know how long does it take for the court to render a decision after individual hearing ? Maybe if someone had experience and the judge was not able to get me the decision that day, can tell me how much did it took for them just so i can know what to expect. The judge said the case was complicated and he needed time to think about it but didn’t give any kind of timeframe so if someone has ever been in this situation please let me know. I appreciate everyone’s responses.
We have seen that take weeks or months. I doubt it should take more than 6 months. If you feel you have waited too long, you can contact the Court and talk to the Judge’s clerk. You can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
Hi Jason,
I have applied four years ago for asylum and still waiting for interview. if the asylum office denied my asylum claim and do not send me to the court since I have another status, can I apply for asylum again after termination my legal status? what should I do with one year bar? they would accept my legal status and initial asylum for excuse of one year bar? I get confused about this subject.
If you have another legal status. Why don’t you give up it so that you can go to the court ?
If you are lawfully in the United States when your case is finally denied, you can apply for asylum again, or if you go out of status, you can contact the Asylum Office and ask them to send your case to court. In terms of the one-year bar, the fact that you were in lawful status serves as an excuse for that, so the bar should not be a problem as long as you file before or you go out of status or very soon (days or a few weeks) after your status expires. If they denied asylum the first time, they will likely deny it again, but then – if you are out of status – you will be referred to an Immigration Judge who will evaluate the entire case and decide whether you qualify for asylum (or other relief). Note that if you are filing a second application, the process is different – you file at the local office; not the Service Center. The I-589 instructions, available at http://www.uscis.gov, discuss second applications. Take care, Jason
Dear Jason;
Thank you very much for your relentless effort to help us!
Quick question. Hope you’ll help me out. I am pending Asylee since 2017. My EAD has been recently expired. I have timely file I 765 and got my receipt notification. But I haven’t receive my EAD yet. Will I authorize to work in meantime? Any idea about driving license?
God Bless You!
If you have your receipt to renew the EAD, that automatically extends the old EAD by 180 days. It should indicate that on the receipt itself. So you can work legally for 180 days after the old EAD expires. Take care, Jason
Dear Mr jason , very kindly. Will you please ask at the asylum division meeting why they are practicing still LIFO or whatever order it is , leaving hundreds and thousands of people stuck and rotting eternally for an interview waiting to move on with life. Perhaps could you maybe suggest to their brains to do half of that order and half work on older cases. or stop at some point and process older cases . it seems to me they do not care about the people , nor did their strategy work. Not only they backlogged thousands of cases but a lot of people who came in recently are getting approved and moving on. This is a total wreck I am sure you think too. Grazie.
So true overit
Their strategy doesnt seem to be working and we as people are stuck with their lives without moving forward.
This has been raised with them before by many people. They are using LIFO because they want to give fast interviews (if possible). They do not want people to apply for asylum knowing that the case will take years, with the idea just to get a work permit. In other words, they think if people know interviews will take forever, people will file for asylum even if they have a weak case, just to get a work permit. So USCIS thinks LIFO deters this behavior. I think it does not, but that is the logic behind LIFO. Anyway, if there is news from the meeting, I will try to post something about it. Take care, Jason
I agree with overit, this system has been a total a failure and they do not seem to come to their senses and acknowledge their lack of strategy when it comes to handling the loads of incoming people.They stuck all these people and I have seen many coming and being ready for their lives. Not fair and not smart. Like most things lately I guess. Hopefully at this so called meeting somebody will speak up for this madness. best of luck for all of you.
My experience with USCIS ombudsman office:
It seems that this office is there just to waste fedral government and tax payers money. I have received zero percent help from this office. Apparently, the people who answer your phone are extremely nice and good. However, there performance is zero or negative. They might have a number of pre-written emails and responses. Whenever, you contact they just send it to you. The US congress or some other entities must critically take a look at their performance and their existential philosophy.
Unfortunately, there should be another office to press the Ombudsman office for their delays. Jason you might share my point of view with the USCIS if you have any chance.
The Ombudsman has good people working there, but the head of the office (since Trump came in) is a person who comes from an anti-immigration group and her main concern is finding fraud, not helping with delay. Nevertheless, it is free and not very difficult to make a request to the Ombudsman, and it is still possible that they will help. Hope springs eternal. Take care, Jason
Hi Jason,
I came to the US by crossing the border and applied for asylum and I’m waiting for the court date. I want to know is it possible to apply for DV lottery meanwhile?
Best
You can apply and if you win, you can talk to a lawyer to see whether there is any way to actually get your GC. If you entered without a visa at the border, I highly doubt that you could get a GC through the lottery, but since it is free, you might as well apply, and if you win, you can have a lawyer research your options. Take care, Jason
Dear mr Jason, I plan to submit exhibit of my evidence to asylum office. Should I include in this copy the asylum form, along with passports , personal documents etc or just evidence. and then the day of interview bring it all? I wanna leave them a copy of my evidence but not sure if I should just give them everything. thank you very much
I wrote about the format for submitting evidence on October 10, 2018, so maybe that would help. You have to submit two copies of the evidence, and file it in accordance with the asylum office rules (some offices require evidence at least one week before the interview). Bring all originals with you to the interview. Take care, Jason
Hi Jason,
I am applying for my first EAD as a Derivative Asylee. In the form I-765, It ask about I-94 Arival-Departure Record. Now, should I use the I-94 number that I received along with the I-730 approval Notice or the I-94 that issued by CBP?
I would use the most recent one, and include a copy of the new and old I-94 forms, that way, if USCIS wants the older I-94, it will be there. Take care, Jason
Dear forum readers:
My I-730 approved in the USA after having an interview with the local office. Both of us interviewed separately. We are both in the USA.
Here is my timeline:
Applied in December 2017
Biometric in January 2018
Interview done in September 2019
Approval received October 2019
Here is my experience:
Long wait: almost 10 tickets submitted
Contacts: Ombudsman, Congress members, expedite requests ( no success).
Thanks to everyone here and especially Jason.
Please tell me how you expedited your case and which office ?
Please search “USCIS expedite request” on Google. You will find the exact information needed there. You need to call a number and wait 30-40 min. Then talk to a person but you must have read the expedite basis earlier.
Yes but did you eventually get an expedited interview or did they just gave you one because you were persistent ? Can you please clarify this . It helps
The expedite didn’t work at all. I waited a long time and I think anyone could have received an interview after 23 months wait. Thanks
Asylee,
Can we guess the case is delayed that long because both of you are in the US already ?
Thanks,
Sambod
HI Asylee
When you say it a long wait what does that mean, did you keep sending them 10 tickets to expedite the case is this is why they hurried your case?
Would like to let us know how was your case interview
Thank you
Mariyam
Hi Kayra,
Long wait means 23 months wait!!
When I submitted my case Max processing was 7 Months. But I received decision after 23 months!!
10 Outside the normal processing time!!
They did not hurried my case, I guess. If they were, it would not have been this long.
I have been waiting for an interview since summer of 017 . I’m glad you were able you forced them to give you and Interview and didn’t let them to ruin your life with indefinite wait .you beat them in their own game . I hope you share what office you applied .
Hi Asylee
Thank you for responding you are very lucky to receive this final decision.
We are still waiting since 2017 March.
I do not know how long it will take.
Thinking of applying for green card, since the application is free.
I am going to ask you anyone here who read this to give me suggestion is it a good idea?
Will i be able to withdraw my asylum application then ?
I do not know what you mean by applying for a GC since the application is free. I did write about applying for a GC while asylum is pending – on August 2, 2018 and August 28, 2018. Take care, Jason
Thank you for sharing and I am glad it finally worked out. Take care, Jason
can you tell please which office proceeded your case?
i have a pending decision for asylum and my wife EAD card was stolen and now i want to apply for a replacement card. do we have to pay the fees when we apply for it or they are going to wave it?
best regards
I think the I-765 instructions cover this point (you can find them at http://www.uscis.gov). Unfortunately, I think you need to pay or do a fee waiver, form I-912. Check the instructions to be sure. Take care, Jason
Hi Jason,
May I ask a question, I have an affirmative asylum case pending. Currently I am also on F-1/OPT. If I apply for an asylum-based EAD ( c8 ead) and work under it. Would that invalidate my F-1 status ?
Some people say this, but I have not seen that happen. USCIS could say that you violated your F-1 status (which requires that you have no intent to remain permanently in the US) when you filed for asylum (which indicates an intention to remain permanently in the US). There was a USCIS memo from about September 2018 where they said that an F-1 student who applies for asylum and is then denied asylum will have the F-1 invalidated and will be sent to court. This is only if the asylum case is denied, and I have not seen this happen either, but it could. Take care, Jason
Thanks very much !
Hi everyone,
My husband and I applied for our EAD renewal. Today, we received my husband card in the mail while my online statut is still “case was received” I am surprised because I am the principal applicant. If anybody ever experienced this situation, can you please tell me how long it will take to get mine. Thank you
Hi Cathy,
I happens a lot for family members in the same family. They process the forms separately and independently. Jason may comment on this one.
I have one question and I would be very happy if you answer?
Is this your first EAD? If so, how long did it take for your husband to receive his EAD?
Hi Asylee. It is our 2nd EAD; so a renewal. The application was received on July 8th by USCIS and my husband EAD came today October 4th. About 3 months waiting (which surprisingly was faster than our first time EAD)
It is common for one person to get the EAD faster than the other, even when they filed at the same time. Probably you will receive your card soon too. Take care, Jason
Hi Jason
I’m granted asylum and I have applied for I-730 form for my wife 7 months ago, my wife’s passport expired and she has renewed her passport
I asked you before about my wife’s passport that when she wants to renew it in my country , her passport number will change .
You told me, (copy of the bio/photo page with the new number and send it to USCIS. Make sure to include your I-730 receipt number and a copy of your I-730 receipt when you mail it in, so USCIS can match it to your case )
I asked my lawyer to send the copy of my wife’s new passport to USCIS but he told me isn’t necessary and isn’t important that the passport number changed to another one
I have question , I trust you all tines, you told how could I expedite and I did it and I’m granted now
I had mentioned him before we can expedite but all times he denied it but finally I got it
Now he deny to send my wife’s new passport again
Is it make me problem ?
I do not think it will be a problem, but I have not dealt with that exact issue before, so I am not sure. I guess she can bring the old and new passport to the interview. I think that will be ok too, but I do not see the harm in sending the info in sooner. Different lawyers often differ, and so it may be that either approach is fine. Take care, Jason
Dear Jason,
DV 2021 Green Card Lottery has a requirement for a valid passport. There are three options though that we can select if our passport is expired and can’t renew, but none of these options says anything about people in our situation.
Taking that into account, is it possible to select one of the following since we can’t select anything else:
B) Passport Exemption options:
1. I am not required to submit passport information because I am:
Stateless (no nationality)
2. A national of a Communist-controlled country, and unable to obtain a passport
from my government.
3. Unable to obtain a passport, and have received an individual waiver of
the passport requirement by the Secretary of Homeland Security or Secretary of State.
Also, who defines communist country – what if I believe that my country is communist but it’s not in that list of communist countries and I’m not able to obtain a passport due to the common reason in this forum?
Sorry, I do not know about this. I think you would need to have a lawyer look into this for you. Take care, Jason
I envy you a lot. I was born in a country not eligible for DV lottery…
Hi Jason,
I want to make an appointment for consultation with your office. how can I make an appointment and how much is the cost?
Thanks
You can email Sinit next week at SHaile@DzubowLaw.com. She can help you. The fee depends on the type of case, she can tell you. Thank you, Jason
Hi Jason,
My passport from my country of origin has a valid Canadian Visa until 2024. I would like to visit Canada to attend a concert next year.
Would I need to apply for an entirely new Canadian Visa; or could I use the existing valid Visa from my passport (country of origin) with a US Refugee Travel Document?
Thanks
I do not know, but you should inquire with the Canadian embassy. My guess is that the visa will be enough, but I am not sure. Also, as long as the RTD is valid, you should not have trouble returning to the US. Take care, Jason
I contacted them yesterday, so I am waiting on a reply.
It’s just that my fear is using the passport of origin with the Canadian Visa at the border crossing, Canada then shares that info with the US; when the time comes to do things like apply for LPR it shows up in my records.
Will keep you updated when I hear back.
Hi Jason,
I can confirm, yes, I can use it, but upon return to the US, I must have an RTD.
Dear mister Jasón, 5 months ago I tried to expedite and was placed on short list . Have you had clients or heard of people actually being called from this list ? I am losing my mind over the years waiting just to See an officer ? This seems to be the only country so backlogged in this form . Thank you
Such cases do get called, but unfortunately, there is no way to know when. The short list that I am most familiar with (NJ) is quite long, and that office has currently slowed down. At least for the time being. Because people on the short list can be called today for an interview tomorrow, it is import that your case is complete and all documents are filed with the asylum office. Hopefully, you will get an interview soon. Take care, Jason
Can I just ask a question ? If anybody is encouraged to expedite, that essentially means everybody is not expedited…Is it really a good first step approach to fasten the process ? I am sorry but I am a little annoyed seeing all people are suggested to expedite like it’s commonly, easily done.
Jason is encouraging people because it is the only way to perhaps get ahead. It is at the office discretion to approve it or not. There is really no other option . Be thankful he answers your questions at least. Sometimes the office won’t even reply to your request or anything at all.
I honestly could care less about those illegals swarming the border , and I honestly hope they all get deported . We have been waiting here for years for a lousy interview . We applied for visa came here legally and decided to To apply for asylum because of the situation back in our homelands and those migrants put their lives of their children at risk ,reach the southern borders and they will be way ahead of us waiting here for years . It’s just stupid , no one even talk about us waiting here for years , media and the system only care about those that come here first .
…Clearly, immigrants are against other immigrants as well…because inherently, people are selfish. Nothing wrong with that, just disappointing.
Such a harsh thing to say. They are fleeing violence and persecution just like you and me. Their situation is desperate. Yes, I know, its hard waiting, but like I’ve said to some who are already in the country, you have already reached safety. Those at the border and those who even manage to cross, their struggle remains progress or just started. Families separated from children, put in cages, cold detention centers, abuse. The border is a crisis right now.
I watch stories about it all the time and I feel extremely lucky, especially in my unique circumstance, I had a US Visa, could afford ticket, comfortably board an airplane, go through immigration, land here, find a comfortable resting place, have some money saved to afford a lawyer.
Those at the border have none of those luxuries. So, what I truly want to say is count your blessings and don’t throw anyone under the bus, because we are no different from those at the border. Again, you are here now, I’m sure you can at least try living the life you want to live. I was granted asylum because I am from the LGBT community. When I came here, I didn’t just wait to live my life, I immediately found people from my community who accepted me and made me feel welcome.
Stop looking for the instant gratification. Just be great full and wish blessings on others too.
I need to go to Thailand to undergo gender reassignment surgery. But because my interview is still pending and very likely they will refer me to immigration to court. I won’t be able to have surgery for a decade…I couldn’t imagine the harsh life I will be facing after I become a non-passable mid-aged pre-op tranny/shemale (as they call it…)…or worse yet, found ineligible for asylum and deported back to my home country. I say this because based on my observation, asylum officer are mostly heterosexual and almost always cisgender. They probably don’t like transgender people anyway, so why grant them asylum. It’s not surprising, since even many fellow cisgender heterosexual asylum seekers find that we are in queue for no reason and we should just live like a man so we won’t face persecution and get out, not to mention a lot of USCIS officers who mostly don’t really transgender asylum seekers.
I do not do many transgender cases, but my law partner does. Most such cases seem to get approved, so I do think there is hope. Also, if you need to travel for a medical procedure, you can try for Advance Parole. I wrote about that on September 11, 2017. Take care, Jason
I did a post about this on May 30, 2019. Take care, Jason
It is not easy to expedite, but it is basically the only option for people who cannot wait or have an emergency. Sometimes, it works and sometimes, it does not work, but that is the one thing to try (aside from maybe filing a lawsuit against the government). Take care, Jason
I guess I am just very sad that there isn’t really any option…expedite doesn’t seem really work most of the time…I want to cry about our dire situation…I am sorry for my tone…But I don’t know where is the way out…
You are not alone. The uncertainty and never-ending wait is extremely difficult. Also, the powerlessness. I wrote an article about this issue on January 9, 2018 where I discuss this issue and how it affects people. Take care, Jason
What would you rather have him say? If “try to expedite” is not good enough , you want to interview yourself?
I just feel it’s cruel to give hope when there is really no hope.
Dear Jason,
I hope you’re doing very well.
Actually, I don’t know how to explain my situation but I try to do it. My left elbow was broken ( I was fell down from a high floor) when I was child, and there was no good educated doctor back in my home, unfortunately, I was cured by uneducated and unprofessional ways by three different house women, which they even weren’t doctors.
Due to financial issues and other life problems, my elbow was left like that so far. It has abnormal fracture or deformity. In my country ( Afghanistan), I had an office job which I was not using my hand a lot, I was not lifting staff, since it has no normal power like my other hand does.
When I came to US, i started job in Cvs. I was not able to fulfill my job, my hand pain get sever everyday, I have problem while bending it, while taking shower or even washing something. I left my job with cvs, and went to the best doctor in University of Virginia Health System, who is the head of orthopedic.
He is advising me that you should do the operation otherwise you will have arthritis. The doctor is telling me that even if you do surgery, your hand will not be like it was before, or like normal hand. You will have problem lifting things, and bending it. But you should do the surgery in order to prevent the arthritis.
I am so lost what to do, I can’t study to get a good job that I can do an office job, since I have a bachelor degree in business but I need to study more to qualified for a good job. You may realize me that how much difficult is to run your life US. I am getting loans from friends to do some of my staff now. If I study, schools are charging me as an international student since I have EAD. I don’t wanna be considered as a disable person, I wanna work myself, I wanna get my goals. I am human and I have ambitions.
My hand problem is getting sever every day, I have my all documents including MRI and other things, which shows my hand problem. I have badly pain, I don’t sleep nights to mornings. I can’t work, I can’t study, I can’t drive well.
What do you think, if I request an expedite, and mention my problems that if my asylum case is solved, i can do my survey, I can study, I can get an office job. Will they accept my request? I know it’s all depend on luck, but based on your experience, is this can a good reason?
I am so sorry for this long comment
I wrote a post about expediting on March 30, 2017. I think you have a reason to expedite and you can try. You should get a doctor’s note explaining the problem and how expediting will help (you need to finish the case in order to get insurance and have a needed operation). Such requests do seem to depend on luck, but there is nothing to lose by trying. Take care, Jason
Hey Jason , are you aware about like uscis immigration court doesn’t deliver anymore I94 to asylee granted???
I didn’t receive my I94 since I have been granted in July 2019 .
The court has never given an I-94 as far as I know. They give an order, and then you have to Google “post order instructions in immigration court”. Follow the instructions and you will get the I-94 and a new EAD. Take care, Jason
Hello Mr.Jason,
How would a potential impeachment affect USCIS operations? Would it slow down or not affect at all?
I doubt it would have much impact, since the people messing with asylum and immigration don’t have much to do with the impeachment case. The one exception is the Attorney General, who oversees the BIA and the Immigration Courts. If the impeachment inquiry takes up his time and stops him from issuing more negative decisions related to asylum, that would be a good thing. On the other hand, as things implode, maybe they will be looking for scapegoats and trying to appeal to the President’s base. If so, maybe that will impact immigration. We shall see. Take care, Jason
Mr Jason dear ! Question please I have gathered my evidence which I will deliver to the office . Please.i am confuse … what is the best way to put this document in and leave them for the staff . Open folder ? Envelope ( big of course ) any indication please ? Merci .
I did a post that might help on October 10, 2018. You need to submit two copies. We two-hole punch the top and use a metal faster to put it together. It should also be tabbed and the pages numbered. Take care, Jason
Hi Jason,
We had our I-730 interview in the US. However, we haven’t heard back on the decision so far. My spouse who is the beneficiary has recently got a job offer. He can only work if he provides proof of work status. Do you think that we can request an expedite based on financial loss? He will loss the job if he doesn’t receive a decision on the form sooner. Thanks
You can try – the first step would be to call USCIS at 800-375-5283 and try to talk to a person to explain. They may be able to help. You could also send a letter to USCIS with a copy of the job officer and a request to expedite. Make sure to include the receipt number and a copy of the receipt, so they can match the expedite request with his file. Take care, Jason
I am an asylum seeker currently living in New York. i want to apply the DVlottery 2020-2021 but there is an addition in the application indicating to fill out my passport requirement. kindly, inform me what i should i do. Thank you
You need to enter your passport number. I do not know if an unexpired passport is required or not, but I guess you should enter whatever passport number you have. Whether you can do the DV lottery if you do not have a passport, I do not know, but I doubt it. I wrote about the DV lottery on October 5, 2015. Take care, Jason
Hey Jason.
i do not have a passport when i was entering and DHS has not required me to bring my passport. when i checked on the instructions for the DVlottery. they have some options in there and i do not know which category i am under. I read thoroughly but i don’t know which one. can you please help? Thank You
I do not know – you may want to consult a lawyer to review it and tell you. I have not done a DV application in a long time, and I never did one for someone without a passport. Take care, Jason
Dear Jason…. it is posted that USCIS will show meeting on november for asylum division . Mister I have been waiting almost 6 years for interview. Are you going to be present at this meeting!! Please ask them why this atrocity is happening and can they do something for the people who are struck in this crazyness. Wether you can speakj for us I am thankful to this! Thanks.
The issue is the same as always – too many cases and too few officers. They have been hiring more officers, and they are certainly trying to block people from coming here. If those things happen, they may start to make some progress on old cases. Anyway, if they give us any updates, I will try to post that here. For now, your only real option is to try to expedite – I wrote about that on March 30, 2017. Take care, Jason