Earlier this month, United States Citizenship and Immigration Service (“USCIS”) issued a news release touting its accomplishments for FY 2019, which ended on September 30, 2019 (a belated Happy FY 2020 to all!). According to the agency, “FY 2019 has been a historic year for USCIS and we have achieved many of President Trump’s goals to make our immigration system work better for America.” Here, we’ll take a look at some of USCIS’s “accomplishments” and explore what that means for asylum seekers.
First, I can’t help but note the hostility towards Congress and towards asylum seekers expressed in the news release and by Acting USCIS Director Ken Cuccinelli. Here are a couple quotes—
In the face of congressional inaction, we’ve taken significant steps to mitigate the loopholes in our asylum system, combat fraudulent claims and strengthen the protections we have in place to preserve humanitarian assistance for those truly in need of it.
Absent congressional action to provide targeted fixes to our immigration system, USCIS rushed personnel and resources to our southern border and implemented a number of significant policy changes and reforms designed to help reduce the loopholes in our nation’s asylum system that allowed for crisis levels of abuse and exploitation.
USCIS is correct that Congress has failed to pass comprehensive (or partial) immigration reform, which has been sorely needed for years. However, to blame only Congress, without considering the erratic leadership (or lack thereof) from the Executive Branch looks like a case of the pot calling the kettle black. Also, USCIS again points to “loopholes” and “crisis levels of abuse and exploitation” without specifying what that means. Clearly, the Acting Director wants to deter asylum seekers from coming here, but that is a separate question from whether asylum seekers themselves are exploiting loopholes or abusing the system.
USCIS points to two major policy reforms for FY 2019. The first is the Migrant Protection Protocols (“MPP”), which were designed to stop asylum seekers from “attempting to game the immigration system.” Again, evidence that anyone is “gaming the system” is lacking. “Under MPP, aliens attempting to enter the U.S. from Mexico without proper documentation may be returned to Mexico to wait outside of the U.S. during their immigration proceedings.” Sadly, the MPP has done real damage to our asylum system and to our nation’s moral standing. The program has forced thousands of people to wait in tents in Mexico, where they are subject to violence and extortion at the hands of cartels, which have a powerful presence near the border. Also under the MPP, asylum seekers are routinely and blatantly denied due process of law.
The other major policy reform is the Third Country Transit Asylum Rule, which is designed to–
enhance the integrity of the asylum process by placing further restrictions or limitations on eligibility for aliens who seek asylum in the United States. Specifically, with limited exceptions, the rule bars aliens, who entered along the southern border, from receiving asylum in the U.S. if they did not apply for asylum in at least one other country they transited through. This rule aims to mitigate the crisis at the border by better identifying and serving legitimate asylum seekers.
Like the MPP, this rule degrades (and arguably violates) our asylum system by forcing asylum seekers who arrive at the Southern border to file for asylum in a country that they pass through on the way to the U.S. This might be fine if the countries in question were safe and had operating asylum systems of their own, but for the most part, they aren’t and they don’t. What I find most offensive about this pronouncement, though, is the last part–the claim that the policy “aims to mitigate the crisis at the border by better identifying and serving legitimate asylum seekers.” It does no such thing. Instead, the rule arbitrary seeks to block all asylum seekers by forcing them to seek protection in third countries. There is no effort to distinguish legitimate asylum seekers from those who are somehow not legitimate (whatever that means). Why USCIS can’t simply say this, and be honest about their goal of making asylum more difficult for everyone, I do not know.
The news release also gives us some statistics. “In FY 2019, the Asylum Division received more than 105,000 credible fear cases – over 5,000 more than in FY 2018 and a new record high.” A credible fear interview or CFI is an initial evaluation of asylum eligibility. People who arrive at a border or an airport and request asylum receive a CFI. If they “pass,” they are referred to an Immigration Judge for a full asylum hearing. If they “fail,” they are removed from the U.S. The fact that USCIS performed a record number of CFIs signals that the government’s deterrent efforts are not working. If people were being deterred from coming to the U.S. for asylum, we should see lower numbers of CFIs.
Another statistic relates to hiring–
In FY 2019, USCIS executed an ambitious plan to hire 500 staff for the Asylum Division by the end of December 2019 to reach authorized staffing levels. New strategies are in development to more specifically target individuals with relevant experience and skill sets, including those with prior military and law enforcement expertise.
The Asylum Division has been “staffing up” for probably half a dozen years, and whether they expect to actually achieve their goal this time, they do not say. If so, this could help reduce the asylum backlog, which would be good news. On the other hand, the idea that they are recruiting people with “law enforcement expertise” rather than human rights experience, points to the type of candidate they may be seeking.
Also in FY 2019, the “Asylum Division trained and deployed U.S. Border Patrol agents and USCIS officers from outside the Asylum Division to supplement staffing on the southern border and assist with the Asylum Division’s workload.” Whether Border Patrol agents and USCIS officers have the training necessary to properly do Asylum Division work is an open question, and is an issue of concern for advocates. I personally have my doubts. But on the positive side, I suppose it will free up “real” Asylum Officers to do more affirmative cases.
Finally, the news release discusses some plans for FY 2020. One point of interest for asylum seekers is that USCIS plans to continue the transition to on-line filing, and will make it possible to e-file the I-589 asylum form. If done properly, this would be a great benefit to asylum seekers, since it would make filing easier and more reliable, and would hopefully avoid the problem of USCIS losing documents, which has been a big issue in the past. Given all the bad news from USCIS, let’s end here, with happy thoughts of e-filing in FY 2020.
hi sir my name is Sukhchain Singh i m her 4 years but one is problem 4 year is no inter view no any court date my request is immigration is please check my file
Maybe you need to talk to a lawyer to check your case status, or you can contact the court or asylum office (or whatever agency has your case) – there are links to the Asylum Office Locator and Immigration Court under Resources. Take care, Jason
Hi Sir,
I appreciate all your support.
Can I apply for I-485 while I am an asylum applicant?
Thank you very much!
You can, but whether that will be approved depends on the case and on your current status in the US. You also need a basis for the claim (marriage, job sponsorship, etc.). Talk to a lawyer about the specifics of your case to know if that will work. Also, I wrote about this issue on August 2, 2018 and August 28, 2018. Take care, Jason
Hi, my asylum case was referred to court and I want to travel and see my aged mother because she is sick. If I apply for an advance parole, will I be allowed entry into the US on return. Thanks
I have had clients in court with TPS and AP who left and returned. However, technically, if you leave the country while you have a court case, you are considered deported. Supposedly, it is possible to get permission from DHS (the prosecutor) to travel and return, but that is very difficult, if not impossible. Talk to a lawyer about the options, but unfortunately, it is not easy. Take care, Jason
Hello sir ,
I have pending asylum at Newark . Waiting for interview in sep 2019 I request for expedite and they denied my request. Now i request for short list and they put me on short list do you know how long i have to wait now i am now in short list
And one more question one of my friend have pending master hearings in jan 2020 his clock is stoped on 127 days even he have 160 days passed after filling asylum. How can he start his clock again to get EAD
Thanks A lot again to all AO who are doing very hard job
And thanks to you sir also
I do not know, and I am not 100% sure how the short list works these days, but the short list in the past was not short. It may or may not be faster than the normal process (it never makes things slower, so if you get an interview through the normal process, you do not lose that interview if your name is on the short list). The NJ office has been moving pretty quickly lately, and so maybe the short list will be faster than before. Also, if you have a new reason, you can try again to expedite. Take care, Jason
Hi, Jason,
greetings.
i m tibetan use to love in Nepal. to servive their made fake nepali citizenship and pp. life was good until I raised voice for injustice happening in Nepal on Tibetans. I was tourcher by nepal police. I had US visa came few time for business. but this time staued here and applied for asylum as situation in nepal for tibetan is becoming worse. But do you think i ll have problem in getting asylum as I made fake pp and come to US. I did that to servive there, as being tibetan I have no identity. I have many document that prove I am Tibetan do still I ll have problem? please reply.
dolma
You may be able to overcome the use of a fake passport (there is a case about this called Matter of Pula), but you need to explain everything. I think you will also need to show that you need asylum from China and that you are not firmly resettled in Nepal – I did a blog post that might help on the latter point on June 22, 2017. If you do win asylum, you will still need to be careful, and make sure when you apply for a GC and for citizenship, that you mention the fake passport. Otherwise, they may accuse you of lying on the green card and citizenship applications. If you are not sure, talk to a lawyer about this to be safe. Take care, Jason
Hey Jason
Thank you so much for your unlimited help. You’re just a blessing to the asylum community. I have a couple of questions for you.
1. I have got my asylum approval a couple of months ago and filled i-730 to process for my family. I heard/read the whole process to bring my family might potentially take up to 2 years. I do have a humanitarian reason and do you think I can submit to expedite the process? I was also thinking to drive 10 hrs to Nebraska and talk to anyone there if that helps, what do you suggest me about this?
2. In my asylum approval letter, it clearly says I can immediately apply for unrestricted social security. When I go to the social security office to upgrade my restricted social security, the guy told me I need to have a green card in order to process the unrestricted SS. I gave him the asylum approval letter to read it but he wasn’t willing to do so. Is that the way it’s or do I have to go and try again with different officers?
Thanks a lot!
Hi
Waiting time for I-730 is 9 to 12 months and every day I check the processing time, USCIS increase the waiting time
3 days ago waiting time was 11/5 months but now is 12 months
But Jason told me
If the I-730 is pending, the best bet is to call USCIS (at 800-375-5283)
And I don’t know what should I do
I applied for I-730 form 8 months ago
2- I went to ssn office they told me look like you
And they sent me a paper thank we can’t give you
But I changed SSN office and I went to another one
I show them that in ssn website writing that we have to have unrestricted ssn
The lady was working there told me I know and after 10 days they send me unrestricted ssn
Please try another ssn office
In terms of expediting the I-730, if the case is already filed, the best bet is probably to call them. You can also send them a letter, but my sense is that calling may be more effective. For people who have not yet filed, you can include the reason to expedite when you do file – maybe it will help. The processing times are not always correct, but USCIS will not take any action if the form is inside the processing time, and so there is no point in contacting them to inquire about the case (unless it is for the purpose of trying to expedite). Take care, Jason
Thank you so much dear Asylee and Jason for your help. This is for sure helpful. God bless you all!
1 – There is no real time frame, but it seems most cases are taking about a year. Certainly some are longer. When you file the case, you can ask them to expedite and include supporting evidence about that. It may or may not help, but it won’t hurt. As for driving to Nebraska, as far as I know, there is no way to visit that facility or talk to someone in person, and so I think that will not work. 2 – I think he is wrong, as my clients have received the unrestricted SS card. Maybe try again, and if the person cannot assist, ask to speak with a supervisor. Take care, Jason
My Time Line:
* Applied Sept/2017 (New York Office )
* EAD March/2018
* Moved/Changed Address March/2019 (Now New Jersey Office)
* Request for Short List June/2019
* Interview Scheduled October/2019 (one week notice)
* Interviewed October/2019
* Approval pick up October 29, 2019, two weeks after interview (total days waited: 777 DAYS!!!!…..that’s 2 years 2 months)
I must say a big thank to Jason for all his information that he’s constantly providing. His information didn’t help me to win my asylum case, but it helped me emotionally and psychologically. I appreciate this flat form because I would visit the blog DAILY to see what the newest update and inside scoop was and through doing, that I was able to be at ease, somewhat.
I must also say that Jason has been wrong a few times with some of his personal advice that he has given, BUT I’m glad he was wrong because it didn’t make me create this false sense of hope. Jason is a realist, good person and god will continue to bless you!
When I picked up my decision today, the person gave me ALOT of information about the next steps; which leaves me with a bunch of questions that I will ask about at another time. But for now I’m just sharing the good news. Any questions, please do not hesitate to ask me! Bless!
I am probably wrong about much of my advice, but it is helpful if you tell me what is wrong, so I can correct it. Anyway, congratulations on the approval – and welcome to the USA! Jason
Mr. Jason is a well established and honest person. His comments are always based on facts, logic and integrity. Please do not make a give if you can not give evidence to substantiate it. He is truly a gentleman.
Thank you. I am also quite good looking. At least that is what my mother tells me…
Hi Jason,
My attorney applied asylum without my notice. I know that’s totally my mistake trusting the attorney to apply for U-visa. What he did was applied Asylum and when I came to know that I signed on Asylum, I was refused to go to bio metrics. But again, He told me those biometrics can be converted to U-visa and Asylum will be no longer valid. I can happily go to my home country and come back. But, It’s been 2 years And I am already in depression. I am on H1B visa working here in US. I got Asylum work permit 2 years ago and it’s going to expire in December 2019. I haven’t used it any where. I do not want Asylum. I want to go to my home country and come back with out any issues. Contacted many lawyers and all they can say is Once applied, it will be in my status forever and cannot return to USA throughout my life. The only mistake I did is trusting the attorney who ruined my dreams. I have a question! Are there any chances of cancelling asylum? And if I do not renew Asylum EAD, will my Asylum gets canceled? Looking for your help. Thank you
If you do not renew the EAD, it has no effect and your asylum continues. However, you certainly can cancel your asylum. You should find a new lawyer to help you, and if the original lawyer lied to you about the application, you should file a bar complaint against that lawyer. This said, the asylum case is part of the record and will potentially affect your immigration status going forward. That is why you need a new, trustworthy lawyer to determine how best to assist you in this situation. Take care, Jason
Hi Jason,
A GC holder based on asylum should select the RTD or Re-entry permit on the I-131 form?
You can get either one, but normally a person with asylum should not use the home country passport to travel, and so it is better to get the RTD, which you use in lieu of a passport (even if not all countries accept it). Take care, Jason
Hi Jason,
I am GC holder based on my approved asylum. I want to apply for RTD. In my first RTD, I wrote my class admission aslyee but now I am LPR. What should I write for my class of admission. Asylee or LPR?
It’s literally placed on the GC. AS6 for principal asylees and AS7 for derivative asylees.
You could probably put that too – as long as you explain the situation accurately, I think they will basically accept whatever you say. Take care, Jason
Normally, for that, we put the status you had when you last entered the US. If you entered as an asylee but are now an LPR, you can probably write that. Take care, Jason
Hi, Jason and all the readers of this blog,
I was reading instructions for EAD form, and it says there that if you have been arrested they can deny EAD for you. My question is have you, Jason, had clients or heard about people whose EAD was denied because of that? I was detained by police in my homecountry for participation at a rally, I wasn’t arrested, so I’m really worried now that uscis will deny my EAD renewal because of that. Have any of the fellow asylum seekers here had issue with EAD because of this?
The EAD form asks for all arrests, but the only reason you should be denied is if you have an “aggravated felony” as defined by US immigration law. Your arrest is not an aggravated felony, so it should have no effect. I have not heard of anyone being denied an EAD for this reason, but there are not so many asylum seekers who have aggravated felonies, and so it is not a common scenario. Take care, Jason
Does the form say something like “…not including political arrests…”? If the “arrest/detention” is also part of your asylum claim, or if it was political in nature, for example, you were protesting for democracy, I can’t see why this would be a problem.
For this, I think there is a conflict between what is written on the form and what is written in the form instructions. My thought is that it is better to be over-inclusive, so you are not accused of trying to hide an arrest, but different lawyers may interpret that differently. Take care, Jason
Dear Jason
Thank you for being there ! You are the only one who listen to us with high patience!
Its been exactly 60 days since my interview in Arlington Va “ i went in person they said you wont get decison any time soon”
And i emailed two times during these period they wrote “your application pending a finale decision “
What does this mean” finale decision “
Will they reject or approve or refer me to court??
Based on ur experience how soon a client is going to be refer to court after interview ?
I hope mine will not go to court as i cant wait more then this!!
Because I didn’t have lawyer!!
Im from Afghanistan
We do many Afghan cases and it is common to wait months – and sometimes years – after the interview. I suppose that is what their messages mean. Repeatedly inquiring probably won’t make a difference, and it sounds like they were trying to discourage you from doing that. For my office, I do inquire more than once in 90 days – you may want to inquire more frequently than that, but it is up to you. If you have a reason that you need a decision more quickly (health problem, family separation), you may want to get evidence about that and ask them to expedite the decision. If nothing else is working and you cannot keep waiting, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Dear jason my othe part of question is if decision is positive waiting make sense?
Do u happen to see any one wait for a year and after year refer to court or denied??
I have seen people who waited a long time receive a referral to court. It is not so common, at least among my own cases, but I have seen it. Take care, Jason
Hello Jason,
I am Syrian. Pending a decision with 3 conducted interviews. My case on the USCIS tracker website was showing “pending”. Today, my case status was changed to “Decision is pending”. I have no clue what does that mean? I have excerpt the below text which confuses me:
*********************START
Your Case Status: Testing and Interview
You completed your interview with USCIS. The time it takes for USCIS to give you a decision after completion of an interview may vary.
……….. CUT TEXT………..
If your case status indicates that you are currently in this step, you have either been scheduled for an interview or are in line to be scheduled for an interview.
*******************END
1- What do you think they meant? Am I going to be scheduled for a 4th interview? Or they are doing some admin work on the case and that might be just a courtesy notice and 4th interview is not required?
They confused me since they said: “you completed your interview”.. and then they said” you have been scheduled”.
2- They said: “If your case status indicates that you are currently in this step”. Any idea what step is it. the rest of the original text doesn’t indicate anything.
thank you
3- What do you think “testing” mean in “Your Case Status: Testing and Interview”?
does it mean that they need to check credibility? To me, it feels like they have some contradictory information and they need to cross-check and test the credibility? Isn’t?
1 – This sounds like standard language to me, and I think it has no real meaning. Hopefully, the switch in messages indicates they are moving towards a decision, but it is difficult to understand what the different messages actually mean. 2 & 3 – I think it is meaningless, but maybe you should contact the asylum office directly and see if there is any update. You can find their contact info if you file the link at right called Asylum Office Locator. One other point, I have seen this in a number of Syrian cases, where they want to give multiple interviews. I am not sure why, and the officers I ask deny it, but I think they treat such cases differently from others, which is unfair. In any case, all you can really do is inquire, and if you want, you can file a mandamus lawsuit to move things along – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason, i granted Asylum and applied i730 forms for my all family members in my home country 15 months ago but still in pending. My lawer wrote letter and also congress man. But still nothing. My a son was much ill last year and also ill now adays. I am away and can not take care of him and entire family. They are facing financial and other social problems. What next step should i take to bring them here?
It can be difficult to get them to expedite a case, and 15 months is slow for an I-730. Did you try calling USCIS and speaking to someone about expediting? Sometimes that helps. The number is 800-375-5283. Good luck, Jason
Any updates on newark office???which year are they interviewing???what could be a good reason for expediting the case?I have two minor kids back in the home country but they rejected my request
They announced that they would stop interviewing new cases, but we have had about 3 or 4 cases scheduled there recently, and so it seems to me that they are at least interviewing new cases. You can try again to expedite, especially if there is new information or a new reason – I wrote about expediting on March 30, 2017. Take care, Jason
Hi, Jason,
My asylum case is still pending since September 2015.
Now I am applying a new job which need me to get a TWIC, for further information about TWIC please click this link:
https://www.tsa.gov/for-industry/twic
According to the website I am not qualified with TWIC card, because they need EAD with A5 category, since mine is C08.
I just want to know is any way for me to get a TWIC card, I searched from google, which is said someone got that card through waiver something.
Do you know about asylum pending can get a TWIC card with a waiver or not? Thank you, take care.
I am an asylee and I recieved my green card yesterday in the mail. I want to travel to a third country to meet my mother who is over 90 years old. I was wondering if any one can help me. My questions are :
1- In order for me to travel, do I need to fill form I-131 or I can travel with my green card and passport from my country of birth.
2- In the form I-131, question 6 (in the other information section of part 1) asks about class of admission. I am not sure what the question. What does it actually what to ask?
3- The last one is about the application type ( Part 2 of I-131). I think I should check the 1c box. Am I right ?
Thanks
Could you please share your timeline for the
Processing , what year you applied and which months , how Long took to received the green card .. which service ? And did they transfer your case for any other office during the process.!?
Appreciate it
Well, filed in August 2014. Got the interview in 2017. Approval letter showed up within two to three months after interview. Houston office handled my case and I am from Utah State.
1 – You can travel and return with the GC, but it is better to get the Refugee Travel Document (form I-131). When as asylee (or an LPR based on asylum) travels with his own passport, it may cause USCIS to be suspicious about your original asylum claim, especially if your case involved fear of your home government (as opposed to fear of a terrorist group where your government cannot protect you). So it potentially avoids problems to use the RTD. 2 & 3 – I can’ answer specific questions about forms, as I do not know your case, but for # 2, it is normally the status you had when you last entered the US. Take care, Jason
Thanks sir, May Allah give you long and prosper life. Amen
Hi Jason,
I am a LPR ( GC holder) based on my approved asylum. Recently, the traffic police stopped me and harshly spoke to me. Then, arrested me for careless driving and resistance against detention. I spent 2 days in jail for that. Then, I was sent to court and the court dismissed all the codes. Do you think this will affect my Citizenship application or cause any trouble with my GC status?
If there is no conviction, and it was not a DUI, it should not affect your status. However, when you file for citizenship, you will have to give USCIS evidence that the case was dismissed, so you should get a copy of the “disposition” (the final outcome) of the case from the court, so you will have that for when you need it. Take care, Jason
Hi Jason and everyone, I have a question for domestic flight. If I wanna go to visit California from NY then what documents do I need? I have my passport but it was expired.
And anyone have idea about NY asylum office? What year now calling for interview? I have applied December 2016 still waiting for first interview.
Thanks much!!
If you want to travel domestically a government issued driver’s license is more than enough, if you want to feel safer you can bring your ead card. passports are not needed for domestic flights.
If you have your EAD and a REAL ID driver’s license, that should be enough. Bring copies of your asylum receipts, just in case. As for the time frame, no one can tell you that. If you have a reason, you can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
hi jason ,i am asylee and get gGC one years ago and bring my wife 3 month ago with follow to joint asylee visa.I have a question what i must do for my wife green cart and Di your office do this for me?
Your wife has to wait 1 year after she got her own asylum status and then she can file for a GC (assuming she has not left the US; if she left the US, she has to wait longer). Presumably, she got her asylum when she entered the US based on the I-730. Our office can do such cases. Take care, Jason
Hi Jason,
I have been called for interview after more than a year. What should I expect? Is this a denial? Can you please share some experience that you’ve had with your client?
Re-interview – sorry I forgot to write that.
In other words, you were interview two times, and the last time was more than one year ago? If so, you should make an inquiry – You can find their contact info if you file the link at right called Asylum Office Locator. The long delay does not signal anything positive or negative, at least as far as I can tell. Take care, Jason
Hi Jason,
Sorry for not being clear. I was interviewed more than a year ago and now I have been called for re-interview. What should I expect? Can you please share a link to find a lawyer?
Many thanks
I cannot recommend lawyers here. One place to try is http://www.aila.org. Lawyers who belong to that group tend to be better on average than lawyers who do not belong. As for the interview, it could be short (if they just have a few more questions that they forgot to ask) or it could involve a completely new interview. You should prepare like you did for the first interview. Also, keep in mind that they have a record of what you said at the first interview, and so you should try to be consistent with that interview, and if you are not sure about something or do not remember, say that you don’t know or don’t remember – don’t guess. Take care, Jason
Hi Jason,
Can I get a lawyer in little less than 2 weeks? I don’t have any lawyer yet but for my 2nd interview I am thinking about getting one. Please advise
You can try – it depends on the lawyer’s availability and many lawyers would not be able to take a case at the last minute. Usually, two weeks is enough for many lawyers, so if you look around, you may find someone. Take care, Jason
Dear Jason,
I applied for i589 in 2015 including my wife n kids on the form. No interview yet. My question is Can my wife get H1B visa ?
Thanks
She can try – Some types of visas are harder to get if your spouse has a pending asylum case (for example a B or F visa), but the H1b visa is “dual intent” meaning that it is a non-immigrant visa where the US government does not care if the person has an intent to immigrate. So your asylum case should not affect her eligibility for an H1b. Take care, Jason
Dear and well respected Mr. Jason. I got a question. who is bound to issue a dicision in asylum oiffce , offcier and director ? or just offcier. is it something like 50 50 or all decision is 100 from one person. thank you sir.
The officer who interviewed you writes up the decision and their supervisor (who would not normally be the supervisor of the whole office) approved it or rejects it. Take care, Jason
Hi Jason, as you suggested I went to Newark Asylum office to ask about my short notice is in process. Which I submitted 2 months ago! (I applied 2015 November backlog case) However, it was a Friday and there was only one officer he was very young and very rude! I asked him if he can check my case status if my case is in progress , he told me “they will call me whenever is ready!” I said at least can’t you check with my A- number from your computer? I have been waiting since 2015. He looked at me with his angry attitude and said, “ What did I just tell you can’t you understand?” i said sorry but I took a off day from my work to come and ask questions about my case. He was so upset! Maybe he had some personal problems. However I watched the other people after me he did the same things other people as well. I have heard him! This was very encouraging and he was very rude to other people as well whom have a right to learn about their cases. I haven’t get my interview since 2015 but at least I pay my tax to this country and working hard. I just couldn’t believe that some people even don’t have heart and mercy on other people. I just know that I cannot give up! I have to be strong even I see this kinds of people who treat us like a shit. I was so ashamed and embarrassed.
I just wanted to share my experience with you
Thank you
Leyla
Don’t worry leyla , Karma is real. Rest assured soon things will shine for you very soon.
I am sorry to hear that and, unfortunately, not surprised. I hope to post an article soon about asylum officer satisfaction. Spoiler alert – they seem to be very unhappy in their jobs. They are overworked and stressed. The person you talked to was probably not an asylum officer, but he is still working in the same environment. That may help to explain his attitude, but it in no way excuses his behavior. Keep in mind that many many people are rooting for asylum seekers and want to see you succeed. Take care, Jason
Good afternoon Jason
I came here in 2016 with c1/d visa still my case is in the asylum office and I asked them to send it to court more than 4 times but still they didn’t send it.
Whats your advice on this case? Thanks
Crew members are not eligible for an interview at the asylum office, so once they realize that you are not entitled to an interview, they will send you to court. Unfortunately, this is probably most likely to happen once they schedule an interview, call you in, and then tell you that they cannot interview you. I do not really know what else you can do aside from contact them and trying to get them to pay attention to the case and understand that you are a crew member. Maybe you could present it as a “request to expedite and refer case to court for a crew member,” and maybe if they were agreeing to expedite, they will see the case and send it to court. But in truth, I do not know whether they can do that without having you come in – maybe they can, but I do not know how that works in terms of the procedure. Take care, Jason
Dear Jason! Do you know why would I get a mail from homeland security office? I remember getting letter for interview and it was from Arlington not from dhs Washington dc. I am a little worried what it can be?
There is no way to know until you get it. Could it be a notice for a second interview? Or a decision? I guess you will know soon enough. Take care, Jason
Next time if you see tell him : You get paid by our tax payer you sorry sack of $*th , go F*** yourself . Don’t worry Nothing he can do . Free speech right ? Lol
I think we’ve talked to the same guy (short hair, probably blonde white male around 30s?). I went there on Friday in the morning and we were like only two people there in the empty hall asking for the status. He was just yelling at me when he announced my number and said : Decision pending!! Wait!!!..,sorry, is there anyone that can talk about this? I asked,, his face just turned yet and and he yelled again: NO!! there is no one you can talk to!! asylum is benefit! you are not entitled to anything!!!!!! oh man,, it was a horrible experience!!!
Hi Jason,
Thank you for supporting the asylum community. I do have a quick question.
My family (me, husband and two kids) has applied for GC based on approved asylum six months ago. In my application my husband and two kids are included as derivatives. My husband has an H1B approval through his work. People are telling us now that we can not have more than one active case with USCIS. Is this true?
Thank you
M.
In order to be eligible for green card as a derivative of your asylum status, they have to be on asylum status
First then only they can adjust the status And the other option is you have wait till you get a green card and then you can file the green card for them as dependents.
I would just add that if a spouse or child was listed on the I-589 but not included as a derivative, you can file an I-730 to give that person derivative status. For children, they must have been unmarried and under 21 years old at the time you filed for asylum (you can file an I-730 for them even if they are now over 21, as long as they were under 21 when you filed the I-589 asylum form). Take care, Jason
Hi, Jason,
My asylum case is still pending since September 2015.
Now I am applying a new job which need me to get a TWIC, for further information about TWIC please click this link:
https://www.tsa.gov/for-industry/twic
According to the website I am not qualified with TWIC card, because they need EAD with A5 category, since mine is C08.
I just want to know is any way for me to get a TWIC card, I searched from google, which is said someone got that card through waiver something.
Do you know about asylum pending can get a TWIC card with a waiver or not? Thank you, take care.
Sorry, I do not know anything about that – but some jobs are not available to people unless they have a GC or are a US citizen. Take care, Jason
It is not true, but if your husband has asylum as your derivative, it probably erases the H1b status – asylum is a better status and leads to a green card, so if he got asylum, I think that is his status, not H1b. Take care, Jason
Hey Montika, Can you help me understand a little here:
When you applied for GC after one year of approval.
Did you only use 1 form for adjustment of status and included your Husband and two kids there?
On your Asylum form (I-589) was your husband included as Derivative?
I am on same boat planning to apply for GC soon. I have my wife as Derivative on my I-589. So do i only use one form and include my wife there? and only pay one fees?
confused.
We use one I-485 form per person, and each person pays the fee (or does a fee waiver using form I-912, available at http://www.uscis.gov). I have never heard of a form I-485 being used for more than one person (on the other hand, the list of things I don’t know is long, so you never know). Take care, Jason
hi Jason sir
my husband did a request 3 weeks ago. we checked the online status this Monday .it shows your interview is scheduled you will receive a mail shortly but we didn’t receive a mail yet what should we do sir?
thanks so so so much in advance
Hi RP,
Can you be clear on the interview what kind of interview is that is it that asylum interview or a green card interview?
Congratulations anyway!
If you are talking about the local asylum office, you can contact them directly to ask – you can find their contact info if you follow the link at right called Asylum Office Locator. My guess is that, as long as they have your address, you will receive a letter in the mail soon. Take care, Jason
Dear Mr Jason , I submitted a packet of evidence and a new evidence attached folder in the whole evidence packet because , a situation happened In my country happened way after I filed my application . Will this bring any issues with my interview, on that new evidence I wrote a letter explaining the events and proof of it ? Thank you very much
This is pretty common, especially these days when asylum cases take so long. I do not see why this should cause any issues, and hopefully the new info will be helpful to your case. Take care, Jason
Dear JASON,
Thanks for all you do.I applied for Asylum in San Francisco 175 days ago.I sent in my application for initial EAD 2 weeks ago.
=>Do you know if I can have it in under 30 days?
=>If I apply for Medical,Calfresh and other benefits,will it affect my asylum application and other immigration benefits in future?
=>If I get into the backlog,how long do you think I can wait for an interview?
Thanks in advance for your answers.
Regards
1 – USCIS was, for a time, issuing first-time EADs in about a month or two (after a court ordered them to do so), but now they changed the rules, and so I expect it will be slower than that – up to 3 or 4 months. It is difficult to say, though, as things keep changing. Maybe your case will be processed under the old rule and you will get it more quickly. 2 – Asylees are not affected by the public charge rules. 3 – If you have not been interviewed yet, you are almost certainly in the backlog (with 330,00+ other cases). These days, no one can say when the interview will be, not even the government. I expect it will be at least a year or two. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
I’ve a pending asylum for three years that am waiting for an interview. I filled my wife and children in the form. Is it possible if they apply for the US visa back home? Will it have an effect for my interview in the future?
Thanks
They can try to get a visa, but the fact that you have a pending asylum case will likely make it more difficult for them to get most types of visas. If they can come here on an H1b visa or an L visa, your asylum case should not have much affect. Their applications should not affect your asylum case, but be aware that the asylum office will likely have a copy of their applications, and so if they say something that is not consistent with your case, it could cause the asylum officer to think you are not telling the truth. Take care, Jason
Can you please inquire about how California is possessing cases , if they are working on old cases or not . They changed their office recently , but I barely see any officers, it’s a big building . Why are they so damn under staffed
I submitted this exact question to the Quarterly Stakeholder Meeting, which I think is scheduled for November 14. If I get an answer, I will post it here. Take care, Jason
I have a question.
Is there any limit of money transfer from the US to support someone’s parents abroad as Asylum Seeker or as Asylee? Does it make any problem in future at AOS stage or Citizenship if an Asylum Seeker/Asylee send money to his/her parents in a country from where he/she is seeking asylum? I’m not talking about the spouse, or children, but the parents who are not dependent on the Asylum seeker/Asylee. Any answer will be appreciated. Thanks
I do not know about limits. I have not heard of a money transfer affecting applications for a GC or citizenship. Of course, if USCIS suspects something bad about the transfers (like you are supporting a terrorist group), that is an issue, but a transfer to a family member should be fine. At least I have never seen or heard about anyone having a problem. Take care, Jason
Hey Jason,
I am a permanent resident based on asylum. I have been told I could file my N400 based on my asylum approval date (May 2015) which would be in May 2020 or Feb 2020 (90 days earlier) the earliest, but I am aware that this requirement primarily starts counting from the ‘permanent since date’ on one’s green card (which includes 1 year back for asylees), which for me is Oct 2015.
Are you familiar with this? How successful can this be?
I think that advice is wrong. You have to look on the card, which says permanent residence since October 2015. This means you can apply for citizenship no earlier than about July 2020 (90 days prior to your 5-year anniversary). Take care, Jason
Hi Asylee1,
Could you please tell me after applying GC when did you received the GC card and how many months it took for you.
Thanks inn advance for your reply.
VJ
Asylum approved May 2015
Green card filed May 2016
Green card approved Oct 2016 (backdated 1 year to May 2015)
Nebraska Service Center takes about 4 to 6 months on average. TSC takes much longer, at least a year.
The GC came pretty fast – that is great. Maybe you should get a job as an immigration lawyer! Take care, Jason
*Green card approved Oct 2016 (backdated 1 year to Oct 2015), my bad*
Thanks Jason!
Hi Jason,
Does it help, say if someone has been productive the years prior to the hearing (say doing a graduate degree at a US institution), towards a more favorable outcome before the judge in immigration court ? Do they even ask what the person has been doing the years prior to the hearing (other than the security background check) ? Would it help to get a letter from the institution advocating for the person ? Does the judge and/or government attorney care ? Would it have any weight based on your knowledge/experience ?
Thanks
H.
Technically, if a person qualifies for asylum, she must also show “good moral character” for the case to be granted. For this reason, showing that you have lived a productive life is helpful, even though they basically assume everyone has good moral character unless they are criminals. Nevertheless, we always submit such evidence because the decision-maker is a human being, and seeing that you are engaged in productive activity will give a positive impression, which might make the decision-maker more favorably disposed towards granting. In short, technically under the law, it probably does not matter, but since the case is decided by a human being who can be influenced by a positive history, I think it is important to submit the evidence you are discussing. Take care, Jason
Hi Jason and Asylumist Team. Thank you for continued support on all our queries and helping with helpful post which are always very informative. Your post also provides us hope that there is someone who is constantly updating us on the situation- Big Thank you.
My Case was approved in SF Court recently last September and i have some questions.
I am planning and preparing to apply for Green Card soon, is it recommended to apply for Adjustment of Status and I-571 Refugee Travel Documents together?
or
Shall i Apply I-571 Refugee Travel Documents 3 months ahead of applying for Green Card so i can receive both in timely manner?
I am trying to avoid waiting time, for my green card to arrive then i apply for form I-571 that will also come in later months and i have to wait for its arrival.
So shall i apply GC + I-571 together or shall i apply I-571 ahead of GC ?
*While i was doing some research i saw some articles that said, apply for I-571 together with GC causes problem with GC approval is this true?
I am planning for a short trip outside the US.
Thank you so much and waiting for your kind reply
Pls do you mind sharing your court experience and how you got your decision ? Thanks
Apply for the travel document and the green card at the same time. The benefit here is that you don’t have to pay separately for the travel document, only for the green card if you file both together. As an asylee, you can file for the travel document at any time, even before you get your green card but you would have to pay the fee for that, $220 or so I think. However, if you file for the travel document at the same time as the i485 or even after you’ve filed your i485, the travel document fee is waived. If you file for the travel document after filing the i485 (say 1, 2 or 3 months after), you only need to include your i797 notice for your pending i485 as evidence (don’t send payment). You may even file to renew your travel document if your i485 is still pending at that time of filing for the travel document (especially for TSC applicants) even if your I485 gets approved a few days later.
Thank you so much, this helped me a lot.
Appreciate your answer.
Some questions please:
1. I am filing for green card for me and for my wife together we are both here and she is my derivative.
– can i file for RTD + GC together for both of us? i will be sending 2 packets with seperate applications. but is it ok to apply for both documents together for both of us?
2. Sounds like you already applied, did both GC and RTD arrived together?
3. Any estimated wait time for both of above application?
Thank you dear asylee
1) Yes you can apply for the both of you. For the i485 application, only 1 is sufficient I believe, since you are the main applicant. All other family members under you listed on the form are derivatives and will be given green cards. One i485 application should be enough. As for the RTD, you two would have to file one per person. Jason can confirm this.
2) The RTD came in a little earlier before the green card. They both have different processing times.
3) If you are filing under TSC, the wait time for the i485 is at least a year. 12 to 16 months. The RTD application will be routed to NSC (they are less backed up) and it takes about 5 months at NSC. If filing under NSC, the i485 takes about 4 to 6 months and the RTD takes about the same 5 months. For asylum-based i485 applications, he states under TSC’s jurisdiction tend to be heavily populated with immigrants, thus the heavy backlog at TSC (states such as New York, Texas, Chicago, Maryland etc) and the states under NSC’s jurisdiction are much less populated with immigrants (such as Washington state, Ohio, Nevada, Wyoming etc) and thus much less immigrant applications from these states making NSC much faster. The determining factor of which office handles your case is primarily based on your physical address. If you live in Chicago, TSC adjudicates on it. If you live in Nevada, NSC will handle your case. However, if you live in NY but send your i485 application directly to NSC hoping for a faster adjudication, when it gets to your turn about 4 to 5 months after the error will be discovered and your file will be transferred to TSC, which would take another 1 year or more to be adjudicated on. File accordingly.
1 – For this one, each person needs his or her own I-485. Take care, Jason
1 – You can send the GC and RTD (I-485 and I-131) together and only pay the I-485 fee. You need two complete packets, but you can send them in the same envelope, as long as you make clear that there are two separate cases included. 2 – Asylee1 can answer, but normally, the RTD comes much sooner than the GC. 3 – The RTD usually takes less than 6 months and the GC can take anywhere from about 6 months to well over a year. Take care, Jason
Hi Everlyn
Would be please share your experience at court ? What the reason of your referral to court ? Mine court referred recently with material inconsistencies in sf court. Could you also recommend a good lawyer for court in sf ?
Thanks
Hey Alna and Asylee,
Regarding Experience in SF. Before i went to the court i was stressed out like you and was constantly trying to find answers on the internet but no one helped me but i would like to shred some lights to you guys here.
(* Assuming your case is not based on lie)
– Find a strong lawyer who is confident. i cannot disclose my lawyer’s information here. Try to find a lawyer from your own origin or country so it is easy to discuss-talk-understand.
– Make your case stronger with testimony, doctor’s evaluations to back your story.
– Preferably while finding a lawyer – find someone who has already fought case with that same judge- this will help you a lot. as lawyer will already know how to counter-talk with judge and methodology.
– Be confident, i spoke in English so judge did not get irritated and everything got wrapped up pretty soon. I feel that having a translator and not being able to directly speak can irritate judge.
– When question asked by judge, make a short paragraph of it and answer it, dont start from 0 till 100, Do not irritate them.
Material Inconsistencies is a big problem- It was your burden and your job to make sure there was no inconsistency, if they find inconsistency that means you missed out something and they figured it out. This can be a problem to tackle and counter-attorney can constantly attack you on that part. Talk to your lawyer and prepare a good answer why there is inconsistency there.
good luck.
Hi
Sure,
Applied 2017 November
July 2018- USCIS in San Francisco – Referred to court
July 2019- Approved by court
How did you get interviewed so fast ?
.
I was very fortunate. I applied on 2017 November, and was waiting for few months suddenly heard the news about LIFO, SF Asylum office immediately started using this system and i was selected for interview on LIFO.
They then referred me to the court. When i was referred to the court, Justice department was ordered by our president that. All cases has to be completed within 1 year – Some kind of rule like this. So my case was on that new RULE in the justice department and judge gave me priority date within 1 year.
Got lucky twice on dates.
on Asylum office i was on LIFO.
on Justice Department i was on Priority “Complete all cases within 1 year deadline ” System.
Thank god
I think you are referring to a Refugee Travel Document, which is applied for using form I-131, available at http://www.uscis.gov. You can apply for the RTD immediately, but you have to wait one year after winning asylum to apply for the GC, so the timing is up to you. These days, it could take up to 6 months to get the RTD (it used to be 2 or 3 months) and it will be valid for one year. So you should apply for that well in advance of the anticipated travel date. The only advantage of applying for both at the same time is that you can save money. If you apply at the same time, the fee for the I-485 (green card) includes the I-131, and so you would save a few hundred dollars. There is no negative affect on the I-458 if you file for the RTD at the same time. Take care, Jason
My case is referred to court for March next year in New Jersey and my judge isn’t listed on trac pls how do I get to know his approval rate?
Hi coffee
There is no way to check the status of newly appointed judges. I in the same situation my judge is new and is not on TRAC list. The only way is asking attorneys around who did cases with that judge. Hope it works
Thanks
You can go observe a Master Calendar Hearing with the judge – at least that will give you an idea about his mannerisms. Call the court to ask when he has such a hearing – you can find their number if you follow the link at right called Immigration Court. As for approval rate, you basically just have to ask attorneys who practice in that court and see if they have an idea. You could try do that at the Master Hearing. Be aware though, that overall approval rates generally tell you very little about how the judge will be in your particular case, since everything depends on the facts. Take care, Jason
Is it possible to do smth with the case before the hearing in court to be transfered to a different judge ? Mine has very poor aproval rating
Aside from moving to a place that has a different court and filing to change venue, I do not think there is much you can do. If the judge has a particular prejudice against you, you can ask the judge to recuse him or herself, but I have not seen that happen before in Immigration Court and it might antagonize the judge. Maybe the better bet is to prepare the case as well as you can and try your best with the judge you have. Take care, Jason
Dear Mr. Jason, from your experience and recent work with clients. How long do you think on average it is taking to get a decision since interview is conducted? thank you.
According to the statistics I’ve seen (and if I remember correctly), a majority of cases receive decisions in 2 weeks. Of those that do not, the wait can be weeks, months or in some cases years. There is no way to predict, and I have not seen any data about average wait times beyond two weeks. Take care, Jason
Hi
Hope you would be Fine
I have Applied in Jan 2017 in Seattle
I have the same above questions …about Interview ?
Hello Jason and asylumist
I m stressed out with what situation I m going through with all these asylum difficulties.
I applied asylum in early January 2017 in Arlington.Since then I have not heard anything from uscis about the interview the last time I visited the office was last year 2018 while changing my address,I asked the man at the window to let me know when my interview would be.He told me that “from what I see you still have to wait a year” now more than a year has passed and nothing. He told me I have no ground to expedite since I have no illness or depends abroad. I asked if he can put me on short list notice, he told it doesn’t exist anymore.
1.How many more year can I wait?
2.Do you know where they are with the backlog in Arlington
3.among your clients from the backlog what filling year
was the last interview you had in Arlington
I simply don’t know what to do.I am just waiting in a darkness, my hope is getting so little
Thank you
Me too. I applied to Arlington in 2017 and I still waiting for an interview.
in January 2017
I am following your website since 2 years it’s very helpful, and you always response to our question for free
I got my asylum case approved in NY court recently after Denial in USCIS two years ago
My case was very strong 💪 and the Jude granted me the asylum
Thanks again Jason for all your help
It is fairly common for a case to be denied with the Asylum Office and then approved in Court; that is why people should not lose hope if the case is sent to Court. Anyway, Congratulations on your success, and Welcome to the USA! Jason
1 – No one can tell you, and the person should not have told you one year, as he did not know. 2 – There used to be an Asylum Office Scheduling Bulletin that gave you an idea about this, but it is gone. Now they are doing new cases first, and if they have time, they work on old cases. Lately, it seems they are not finishing the new cases and not working on old cases. If they do work on old cases, they have said they would do the oldest first – those are from maybe late 2014 or early 2015, and so you would have a way to go, assuming they actually start working on backlogged cases. 3 – Among my cases, I think it was fall of 2014, but I think they got up to the end of 2014 or beginning of 2015. Even if you do not have a good reason, you may want to try to expedite – I wrote about that on March 30, 2017. I think there is nothing to lose, and since the process is pretty random, you might get lucky (though you should know that most cases are not expedited). Take care, Jason
Get an admission letter from a university or community college and you can expedite your asylum interview based on hardship caused to you by the interview delay as it is causing hardship to you in attending a US institution as you are unable to obtain federal loans or in-state tuition waivers to assist you in going to school (since only asylees, refugees, PRs and citizens can access these educational benefits). Don’t ask me how, but it works.
My 2 cents.
Thanks
Great. Thank you, Jason.