In an unexpected–but perhaps not surprising–move, the Asylum Division has canceled its Quarterly Engagement Meeting, which had been scheduled for November 14, 2019. This is the meeting where headquarters staff from the Asylum Division give updates and answer questions from stakeholders, such as non-profit organizations and lawyers like me.
Over the years, I’ve attended a number of these Engagement Meetings. They were helpful for several reasons. Most obviously, Asylum Division leaders answered written questions, which had to be submitted in advance, and also allowed us to ask questions and raise issues at the meetings themselves. The meetings provided an opportunity for us to meet Asylum Division leaders and for them to meet us. This type of human-to-human interaction is beneficial to both sides. We were able to see “the bureaucracy” and better understand their concerns, and they could directly hear from their constituents. As I see it, this type of communication and transparency is appropriate in any functioning democracy.
But now things have changed. And while it is disappointing that the Engagement Meeting has been canceled, it is not really surprising. The Trump Administration has been closing avenues of communication between government agencies and various stakeholders for some time. For example, EOIR–the Executive Office for Immigration Review–the office that oversees that nation’s Immigration Courts, has dramatically reduced the ability of its employees to communicate with people outside the agency. In my interview with the former Chief Immigration Judge, she notes that, “This change was touted as a way to streamline the Agency’s messaging system, but cutting off… communication is detrimental, and I think EOIR has been hampered by our inability to talk at different levels to stakeholders.” EOIR is also refusing to release data about its operations–data that was routinely made public in the past, and which helped us better understand how the system was operating. In addition, EOIR, DHS, and the Asylum Division have all been blocking their employees from speaking publicly, even to law students and at professional conferences. All this is harmful to students and professionals, who benefit from contact with public servants, but it is detrimental to the agencies as well, since they cannot hear directly from the people they serve or explain themselves to the advocacy community. Worse, their ability to recruit talented employees is hampered if they cannot communicate directly with people outside the government.
So as you can see, the Asylum Division’s decision to cancel the Engagement Meeting fits a wider pattern, but there may be other reasons behind the cancellation as well. The most obvious is a recent change in leadership. The long-time Director of the Asylum Division, John Lafferty, who normally chaired the Engagement Meetings, was forced out a few months ago. I met Mr. Lafferty several times, and I had (and still have) a high opinion of him: He tried to follow the law in the face of the Trump Administration’s assault on due process. Some lawyers I know felt he bent too far towards accommodating the Administration’s policies, but I saw him walking a difficult line and doing his duty to his superiors and to the law. He managed to keep the Asylum Division operating (more or less) despite the Administration’s machinations against it. According to news reports, Mr. Lafferty’s removal has further damaged morale at his agency–
The reassignment of John Lafferty… has caused consternation and fear among asylum officers and other USCIS officials, who worry that the administration is dead set on pushing forward with policies that may not always be legal or adequately researched…. “This is shocking and distressing news for the civil servants in the Asylum Division,” said [an unnamed] USCIS official. “A very sad day where an incredibly sophisticated, highly dedicated, and ethical leader is being removed from an important position in the agency.”
The new Director of the Asylum Division is Andrew Davidson, the former deputy associate director for USCIS’s Fraud Detection and National Security Directorate, the department that leads the agency’s “efforts to combat fraud, detect national security and public safety threats, and maximize law enforcement and Intelligence Community partnerships.” It seems likely that the choice of Mr. Davidson reflects the Trump Administration’s view that asylum claims are largely fraudulent, and so we will have to see where the Asylum Division goes under his leadership.
As the new Director, Mr. Davidson is in a position to continue or cancel the practice of holding Quarterly Engagement Meetings. The fact that the November 14th meeting–which would have been the first of his tenure–has been canceled, does not bode well. But perhaps since he is new to his role, he was not yet ready to engage with stakeholders, and meetings will resume once he settles in. Perhaps.
I myself was looking forward to the Engagement Meeting because I was hoping to hear answers to questions I submitted about how each Asylum Office was addressing its backlog. Whether USCIS will ever provide answers to these questions, I do not know. I reached out to them after I learned that the meeting was canceled, but I have not yet received a response.
I certainly hope the Asylum Division will resume the practice of holding public meetings. Whatever your feelings about asylum seekers and the asylum system, when government agencies close off avenues of communication and hide behind bureaucracy, it is bad for our democracy. It also begs the question: If the Asylum Division is so intent on cutting communication with us, what is it that they are trying to hide?
Hi Jason,
Thanks for your help.
I have a question. I came here in Nov 2016. i applied for asylum in Dec 2016. I talked to my Lawyer they don’t know how long it will take. I was hospitalized. I had hernia. I just got my surgery. It was complicated operating for 2-3 hours. I can’t go for work for 2 weeks or more or may be 42 days.Can it be the reason to expedite my case means can I apply for early interview.
Thank You
Raj
You can try, though I do not think it is a very strong reason. If you can get a doctor’s note explaining your health problem and how the asylum case is making your health worse, and that expediting the case would improve your health, maybe that would work. I do not know if the doctor can say that, but often, stress makes health problems worse, so maybe the doctor can discuss that. Anyway, even without a letter, you can try to expedite. Sometimes, even if the reason is not so strong, it does work, so there is no harm in trying. Take care, Jason
Hello Jason, hope you good.
I submit the form i-585 for my child and me but I forget to sign his form and now uscis reject it and say I SHOULD SIGN MY NAME and resubmit.
1- what’s that mean sign my name?
2- the fees should be the same $750?
3- Should I still sign the Person Preparing part?
Do you mean the form I-589 for asylum? If so, you have to sign your copy and you have to submit an extra copy of your I-589 for the child, also, the child should sign her own page 9 of the form with her photo (or if she is too young, you can sign for her), and a copy of her birth certificate and passport. There is no fee for asylum, so I am not sure what that is. As for the person preparing the form, if you helped, you should sign that, but typically, that is for a lawyer or interpreter, so I am not sure. You may want to have a lawyer look at this to be sure you are getting it right. Take care, Jason
Hello jason. Thanks so much for your wonderful blog. God bless you. I have a question that i need your help with. I have a pending asylum case since 2017 and i have applied to renew my EAD 3 and half months ago and still i have not received any approval notes. I only receive the receipt note. Recently, my name has been added to the short list.My question, from your experience if i got an interview and my asylum application was approved before the uscis sends me the new EAD, is there a way they may refund me the EAD renewal fees as this is a big amount of money. We pay for three persons or they wonot refund it ?????
Can you tell me how you can add your asylum case to the shortlist can you tell me the process please
Different offices are different and not all offices have a short list. You can email your local office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Renewals seem to be taking 4 to 7 months these days, so you should get the new card pretty soon. As for the refund, I have never heard of anyone getting a refund under those circumstances. It is a lot of money, and I suppose you can try, but I do not think it is very likely. Take care, Jason
Thanks for your reply.do you have any idea how i can try ??? Should i send a mail or email to who ????
Maybe try calling USCIS at 800-375-5283 and asking. I think it is a long shot, but you never know. Take care, Jason
what does it mean find your name in the short list? and how to know if we are on it or no? Please answer as we have been pending since February 2017 and nothing happened.
Not all offices have short lists – you can email your local office to ask whether they have one, and to see whether you are on it (or to put your name on it now). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey Jason, I got approved asylum 7 months Ago, after that I applied for refugee and asylee document. I got that. Now I want to go for religious ceremony in Saudi Arabia. I am not from Saudi Arabia. So do you think it’s safe to travel on Travel Document? Do they will creat problem for me for coming back ?
First, please check the Saudi Embassy/Consulate if they accepts Refugee Travel Document in lieu of Passport or not. With RTD you won’t have any problem coming back to USA.
Hi Jason ,
Thank you so much for what you are doing to the community
I have some questions
1- Can a person who has a petition filed for her through us citizen son come to the US and apply for asylum due to a recent persecution in home country ( she has a visa)
2- does the applicant need to close the Petition before applying for asylum ?
3- would that petition be a trouble to the asylum case ?
4- If applied for asylum and case stuck in backlog, the asylum seeker has a daughter 17 years old would be living by her self , would that be a strong reason to expedite the case ?
5- if case got transferred to court, is there a way to expedite that as well ?
6- if asylum case got denied , is it possible to refile the petition again ?
Iam sorry for taking long
Thank you
Please see my other response for 1-3. 4 – Maybe. You could try. I wrote about that on March 30, 2017. 5 – Again, you can ask. I wrote about that on April 20, 2017. 6 – It depends on the situation, but an affirmative asylum application is denied, you can file again. I wrote about that on February 21, 2018. Take care, Jason
If you have a Refugee Travel Document and it is valid, you should have no problem returning. I have never heard of anyone having such a problem, and so you should be fine. Take care, Jason
Why do you wanna go to a brutal dictatorship , march around the black house in hope that all@h will save you ?! Lol How did you win Asylum while we are waiting for ways .
I’d like to thank Mr.Jason for all his free updated information .God bless you and your family!🙏🏻
I wanna share my friend’s journey who was my high school classmate is Iran.
She is a converted religion
Applied spring 2016 in SF office in CA
Interviewed Apr 2019
Approved Nov 2019
No expedition request
I’m really happy that a true asylum applicant approves, but I’m exhausted about unfair immigration system.I applied June 2015 from LA and two expedition requests(base on family separation and my dad’s end stage colon cancer and I was rejected).I still have been waiting and are celebrating our second son’s 7th birthday with no dad for almost 6 years.I hope they can see the life through the hearts of our kids and understand that a family separation isn’t easy and needs more concern.
Thank you for sharing. And certainly I agree with your comments – unfortunately, your story is very common, but we keep hoping for some improvement in the system. Take care, Jason
Jason what does recommended approval mean ?? I picked that on my decision date two weeks after the interview, how long until final deciison?? This confuses me, is this the decision or what??? thank yu
It means that you meet the definition of refugee, but the security background check is not yet complete, and so they cannot issue the decision. Usually, the final decision comes in a few weeks or months, but it is not really predictable. It is good news, and it is very rare that a recommended approval does not receive a final approval. Take care, Jason
Hi Jason,
How long does it take for EAD renewal now? We were refered to IJ and our hearing is on March 2020. We applied Sept 2019 and until now the status is Fingerprint Review has been completed.
Thank you.
Jr
Lately, we are seeing renewals taking 4 to 7 months. Take care, Jason
Hello Jason,
Thank again for your help and support for all of us here.
I have a question; I checked my status today and it said that my decision was mailed and on the bottom it said that the uscis EAD portion is currently running, does this mean that my case was denied or referred to court? I applied in 2013 and interviewed in 2016!
Thank you
Maybe someone else here can comment on that, as I do not know. I do tend to think that it is better to wait for the decision, and that trying to know whether USCIS’s online message actually mean is not always possible. Hopefully, it will be positive news. Good luck, Jason
I have just been granted asylum. The email notification that I received a couple of days ago was showing the clock running. So, the clock status does not represent any fact. You need to wait until you receive the decision. However, the online status was changed to “EAD fees waived” and it was not showing any clock on the online system. The clock was only showing in the e-mail notification.
I wish you good luck.
Hello syrian…
Many many congrats to you…I was eagerly waiting that when will you post the good news…(and was praying too that you get a positive reply😊)
I have been waiting for 4 years..so I can feel the pain of waiting…
Hi Jason
I had my asylum interview and was referred to the court. I raised a FOIA request to USCIS to get my asylum application to see if they could provide me with the notes from supervisor. Today my request is complete and all i got is just the application copy corrected some points by AO. Is there any other way to get those notes ? Should i appeal to FOIA about it or its worth trying PA Liason ?
Please let me know if there is any other way doing that.
Thanks
It seems that sometimes, they send the notes and other times they do not. I have never done a FOIA appeal, but maybe that is an option. There was litigation about whether asylum seekers are entitled to the notes, but I do not know the current state of that. You may want to talk to a lawyer to get some help with this. Take care, Jason
I am derivative Asylee. My I-730 got approved and I never got EAD automatically. Therefore, I applied ASAP but It is more than a month that I haven’t received my EAD. I remember you mentioned that the initial EAD is usually fast and takes a month or so. Do you have any idea on this? Anyone else who have received EAD in a month?
I do not know how long an EAD takes once the I-730 is approved. The one month time frame I mentioned was for people with pending asylum (and that time frame is expected to get slower soon). Even so, I doubt it should be that long – maybe a couple months, and you normally should receive the receipt in 3 or 4 weeks. If you have that, then the case is being processed. Take care, Jason
How long it takes you to get the approval?
Hi SAMBOD,
It took 22 months for me to get I-730 approval. Thanks
What are you thoughts on the new proposed rule for asylum seekers that was proposed last week? It contradicts and conflicts with decisions from the 80’s regarding EAD. Diaz v. INS (1986), Ramos v. Thornburgh (1989).
The proposal is open for public comments but if we have learned anything from the past, it seems the administration already have a plan and doesn’t consider any public feedback and just doing this for the sake of rational that they followed the rule with public comments.
Do you think this will hold water in federal courts since similar rules like these from the past were strike down?
I am not familiar with that case, but I do think there is an argument that blocking people from a work permit for so long violates the Immigration and Nationality Act. The law basically says that the government does not have to issue an EAD, and so the Administration may win there, but the fact that the law contains a provision for an EAD and that people have to survive while the wait for years for their cases, seems to me to support an argument that eliminating the effectively blocks people from seeking asylum. And so I expect a court challenge. As for public comments, I agree with you that it is a sham, but I think such comments may be worthwhile anyway, as they may support the court challenge. Take care, Jason
Hello Jason/All
Please help folks
Is there anyone here who go thru a process of marriage based green card by adjusting status change from a pending asylum application?
I am on asylum EAD living and working in US. I have filed my federal tax return for the last three years and I am finnancially fine and by any means i dont want to look for any support neither from my wife nor from the government. Holding all this fact is my wife, sponsor, still need to apply I864(affidavit support)?? As she isn’t filing a federal tax return last two years we are kind of really worried what to do.
…and what other documents other than i130,i485,i130A,i131,i765 and i864 that I need to file uscis while adjusting my status?
I really appreciate your help on this.
If your wife is petitioning for you, she must be a sponsor and fill an I-864. Maybe you can use your income to supplement that, or you can find a joint sponsor – I wrote about getting a GC through marriage on August 2, 2018. As for the forms and what you need, that depends on the case and so you may want to talk to a lawyer for help. Take care, Jason
Hi Jason,
Is it common to get a case bounce back saying that I have left the sibling section blank on Page 4. I have only one sibiling and I listed it on that section. I really don’t understand what does that mean. Maybe I am suppose to fill out the empty section “none” to indicate that I have no other siblings? I have waited almost a month for the receipt and now it got bounced back. Does it mean I have to wait another month ? Does it have impact on my case if I correct it and submit again?
This is a new problem, and I plan to post something about it later this morning, so maybe check back. The short answer is that you should write none or N/A in the blank boxes. Take care, Jason
Hi Jason,
Thank you your kindness and help through this portal.
I applied for asylum in sept 2017 (houston) and I haven’t been called for interview yet. I have friends that applied in dec 2017 (Houston too) and got interviewed and approved in dec 2018.
I guess I should just have patience and wait. Have you heard anything from Houston office? Also, do you provide services for cases this far from you? Or can you recommend anyone? I want to have someone check my application and prepare me for interview as I applied on my own.
Thank you Jason
The system is such that they are doing new cases before old, and so they only get to backlog cases if they complete all new cases. I wrote about this on July 10, 2018. We have had a couple cases in Houston. My impression is that the office is ok. They referred (denied) one case that was very strong, and when we got to court, the judge granted it quickly, meaning that he also thought the case was strong and basically disagreed with the asylum office. Other cases we’ve had have been granted there. You might try to expedite the case – I wrote about that on March 30, 2017. As for our office, we can do a case in TX, but it is usually better to find someone local, as that is easier for you, but that is up to you. Take care, Jason
What is the process of asylum seeker filling for tax return?
As far as I know, you file like anyone else who earns income here, but it is not something I know much about. You may want to talk to a tax professional for help. Take care, Jason
If you are earning an income now, try applying for ITIN from now, so, when you file in April 2020 you can provide that.
https://www.irs.gov/credits-deductions/individuals/how-do-i-apply-for-an-itin
I wish i had known this before, because I didn’t get my EAD and SS until May and had to file late, which cost money.
Hi, S,
I’m an asylee seeker, and this year I filed my tax return, I didn’t know what to expect so I hope I can be a little bit of help for you.
If you have an EAD and you received paycheck, you should go to the tax preparer, you can google their list on irs’s website. I chose my enrolled agent ( a type of tax returner who according to irs can represent you in case irs has more questions about your tax return)from that website to be sure that my return will be filled correctly. And the rest will be done by tax preparer.
You can also go to the free tax preparers, in NY for example, there are a couple of places where they will file your tax returns for free, I think there should be info for each city on IRS’s website. Good luck and make sure you keep your tax documents safe, we will need to provide them when/if we apply for green card and etc.
Hello Jason
My spouse is an asylee and applied i730 several months ago to me as a beneficiary. Currently, I m in the US without valid visa anymore and i730 is still not approved. I have to travel abroad temporarily for urgent humanitarian reasons. My question is can I apply for any kind of travel documents such as ( RTD, AP, reentry permit,…) to be able to come back without any problem while my 1730 is still pending?
Or do you have any other idea regarding what should I do in this case?
Thank you.
Unfortunately, I do not know how you can do that – I do not think you can get AP based on the pending I-730, but I am not sure. You might have a lawyer research that question for you. One option (which I do not like), is to leave the US and then process the I-730 overseas. That would mean not returning to the US for maybe a year, and if something goes wrong with the I-730, you may not be able to return at all, but if everything works normally, you should be able to do that. I think before you leave, you should have a lawyer check to see if there is any better option. Take care, Jason
Hello Jason,
May I ask you, how do I answer on N400 question about Have you ever been persecuted ( direct or indirect ) YES or NO ?
I won asylum based on well-founded future persecution .
Thank You so much for your time and appreciated .
I think that question is whether you persecuted other people; not whether you yourself were a victim of persecution. Maybe double check to be sure. Take care, Jason
Hi Jason,
I had my 2nd interview last week. Should I expect a decision soon? The AO told me that my decision will be mailed before we started the interview and told me to inquire if I dont hear anything in 90 days. What should I do? I applied in 2014 and still I feel like I don’t see the light at the end of the tunnel.
Aside from following the instruction to inquire if there is no news within 90 days, there is not much you can do. If more time passes with no decision, you might consider a mandamus lawsuit to force them to issue a decision – I wrote about that on October 2, 2018. Take care, Jason
Dear Jason,
I have been waiting for a decision after I had the asylum interview for almost 10 months. I am thinking to ask the senator or the congressman to inquire about my case. My question is:
As the senator or the congressman is republican , would he care to help me ? knowing that their opinions about the immigrants are not encouraging.
For your knowledge and to your experience is it normal to still have no decision on my case for this period of time, note that I am a Muslim man from one of the banned countries and I applied with my family members not as an individual.
Thank you,
Get in line !!! Why you 10monthers think you should be ahead people who have been waiting for 5 years.
Hi Asylum Seeker,
I am sorry that you have been waiting for 5 years for your decision. I know how frustrated this can be. However, I believe that each case is unique and you shouldn’t expect everybody to wait as long as you have been waiting. 10 months is also a very long wait and Optimistic has all the right to complain about that and we should support each other. I wish you get a good decision very soon.
Unfortunately, a 10-month wait for a man from a Muslim country it common. You can try your Congressperson or Senator. I think it will not matter that they are Republican. In fact, we have had clients go to their representatives who are Republican, and the offices can be very responsive. I suppose it is ironic, but not uncommon – they are very anti-immigrant on the large scale, but they are wiling to help people they meet individually. Anyway, there is no harm in trying. You can also contact the asylum office yourself to inquire – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason will Office send me to court necessarily “just” because I filled after 1 year deadline , even though I checked changed circumstances In the form and I was legally in country under none immigrant visa until I applied ? ?
If you demonstrate changed circumstances and you filed within a reasonable time of the change, or if there are extraordinary circumstances (such as remaining lawfully in status during the time you were here), then the asylum office can adjudicate the case and give you a decision. We have seen that many times. That is why it is important to make the argument that you meet an exception to the one-year bar. Take care, Jason
Dear peers and comrades,
I wonder if how many of you have tried to get a mortgage and buy a home here in the US. So many of us are waiting for a decision for many years, some for more than 5 years. It makes not much sense to continue renting while we’re waiting for a decision, even if there is a huge chance that the decision might be against us and that we might be deported. I have 4 years until my interview date and I can’t decide whether I should continue renting or try to get a mortgage and buy something affordable. Do asylum applicant qualify for a mortgage if they just started working? How difficult it is to qualify and get mortgage with average interest rate? All experience and advice are highly welcome.
Thank you everyone.
They will not deport you over night. You will be referred to the court. The court gives you a deadline before they deport you. So, you will have enough time to sell your property before you leave in case you are ordered deportation. (Unless you are detained by ICE).
I bought a house while I am on a pending status. Big banks like Chase & Wells Fargo have declined me as they require green card. You need to seek small and local loaners. Find a real estate agent and he will walk you through the entire process step by step and will help you to find local loaners.
I do not know the answer to the mortgage question (though some of my clients have bought houses), but I want to note that if a person is ultimately deported, the process is normally long, and you would have time to sell the house and dispose of assets before you leave. So the unstable situation should not deter people from buying a house if they want to try that. Take care, Jason
I planned buying a house without the hope of having my interview soon in early 2018. Submitted application in 2015. Along the line I was scheduled for interview in November 2018. I closed on my house in June 25th 2019. Moved in to the house 1st of July 2019. Received asylum approval decision in around 10th 0f July 2019. Whatever you are planning to do put it in the hands of God Almighty he is there to grant our heart desires. He asks us to go and possess our possessions. Make a move @UIGUR WISHES FOR MORTGAGE buy the house. God is on our side.
Hi, from my experience, there is nothing stopping you from buying your property. I applied for asylum in 2014 and was living in a rented property. In the meantime, I made my credit reasonable, I paid taxes on time. The most important thing is your choice of lenders. Try to search for private lenders, do not fill applications in big banks. The private lenders will find the best suitable option for you. I bought my property at the start of this year and paying mortgage instead of rent. My case is still pending after my interview and I am waiting for my decision since last about two years. So stay positive, try to make your credit and tax history worth.
Hello Jason,
“Your Case Status: Decision“
The AO has both my address and my lawyer address. Do they send each one of us a copy of the decision, myself only, or my lawyer only?
They normally send it to both, but sometimes only to one or the other. Take care, Jason
Jason,
As always, words are not enough to express how much indebted and grateful I am for everything you are doing for us.
My application was received by Arlington office on Dec 26, 2014 & is pending since (almost 5 years). I think mine is one of the oldest cases in the backlog.
1) Is the Arlington office working on backlog cases as well? Or just new cases?
2) Do you know of any other office that is handling both new & old cases?
3) I got information that Arlington office has hired 18 new asylum officers recently (making the total 21). I heard the info yesterday. Do you have any info on this?
1 – Currently, they are only working on new cases, and they are only interviewing a minority of those. If they get to old cases, they are going from oldest to newest, so you should be near the front of that line. 2 – Maybe New Jersey, LA, and New Orleans, but since they are not sharing much data, I am not sure. 3 – I think they have almost 90 officers. Maybe 18 (or 21) are working on affirmative cases like yours, while the others are working on cases from the border. Take care, Jason
Thanks “my angel”, Jason!
Are the 18 new AOs hired recently? Or added to the interviewing group? Do you expect anything to change with this increase in AOs number?
They are constantly new people, but they have trouble retaining those people. Part of that is low morale, and part is that there are perhaps better opportunities within the federal government, so officers sometimes find better jobs. I keep expecting the new hires to make an impact, but so far, we are really not seeing it. Hopefully, things will start moving better soon. Take care, Jason
hay Seeker, you are not the oldest, mine was filed in October 2014 but I got my interview in February 2018 and I am waiting for the decision since then. Best of luck.
I think you case has been approved because most of people who received notifications in which the AED fee is waived get their cases approved. I have been waiting for the decision for 3 years now. I saw my congressman who made an inquiry on my behalf and USCIS asked him to allow them 90 days to resolve their blablabla. Good luck man
I applied for asylum 3 years after I entered ( I was in statues until after my statues changed to pending Asylee ) due to changed circumstances . With that , will USCIS deny my Work permit renewal as it says on the website ? I’m so nervous
In the website says deny those who missed one year bar , it doesn’t exclusively say illegal aliens so will legal aliens that filled past one year bar due to changes circumstances also be barred from renewing their WP? And also how long it takes to go into effect so I renew immiditly
I do not think it applies to renewals. It goes into effect in January, unless it is barred by a court, which we can hope. Take care, Jason
If you are talking about the new rule, that should have no effect on you. I need to read it more thoroughly, but it does not seem to apply to people who already have an EAD. Take care, Jason
Hi Jason
Grateful for all your help and all the articles you write for us.
I applied for work permit on 20 August Jason and I still have not heard from them. I did get the receipt number with an auto renewal for 180 days.
My drivers licence expiring so at DMV they only were able to change to drivers authorisation and not licence.
I do not know how long I have to wait for the work permit cards to be ready for us to be able to receive is there a number we can call to follow up ?
Please help…
Also do you know if we will get a 2 year renewal for the work permit ? we are renewing our cards for the second time.
Thank you
Renewals are delayed – we see them taking maybe from 4 to 7 months, but if you have the receipt, you should be ok. The new card is for 2 years. If you want to call, the number is 800-375-5283, but I do not think it will help given that it has “only” been 3 months. Anyway, it can’t hurt. Take care, Jason
Hi Jason,
Thank you for your help.
Do people who won asylum need to file for EAD? If so, do they need to pay the EAD fee?
Thank you,
Asylee
If they want at the asylum office, they should get the EAD automatically after a few months. If you won in court, you need to Google “post order instructions in immigration court” and follow those. Either way, the first EAD after an asylum grant is free. Take care, Jason
Hi Jason,
Two quick questions:
Can I travel whilst my green card is pending? If so, won’t this affect my application? I won asylum in 2018 and applied for a green card this year. I have a Refugee Travel Document.
My EAD expires in 120 days and I want to apply for a fee waiver. What happens if the USCIS does not approve my waiver? Do I have to reapply or what?
Thank you for your help!
You can travel, but make sure you return while the RTD is still valid and for any USCIS appointments. You can request a fee waiver. If that is denied, you have to apply again and pay the fee. Take care, Jason
Hi Jason. Thanks for this information. It is scary, I hope this system get well soon.
Probably won’t any time soon.
Hello,
I’ve received this email this morning:
Application Type: I589, APPLICATION FOR ASYLUM
Your Case Status: Testing and Interview
Does this mean anything? OR it’s just a glitch?
I have received the same 2 weeks ago. Yesterday, I received another notification says:
Application Type: I589, APPLICATION FOR ASYLUM
Your Case Status: Decision
We reached a decision in your case. You should expect to receive the decision in the mail shortly.
I have not received the decision yet, though.
Did you have an interview last 2 weeks?
No interview,
I did 3 interviews already, the last one was almost one year ago. Two weeks ago they sent me the ambiguous notification of “Testing and Interview”. I thought they will ask me for a fourth interview. Yesterday, they changed the status to “decision”. That does not mean that your situation will be the same. Obviously, big portion of the text inside the tracking system is a hieroglyph that cannot be interpreted by anyone. However, scaling and comparing to others might help. I hope that they “really” reached a final decision. I have been waiting for seven years.
I wish you good luck. Wish me the same.
Thank you for your response and wish!
Good luck on the decision, hope you’ll get it!
I do not know, as I don’t follow their online messages too closely. Maybe it means an interview will be scheduled? Maybe if you do not have news in a couple weeks, contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
last week we had an interview and the AO asked to come on the 18th of Nov to get the Result but all of the sudden they called our lawyer asking us not to come on the mentioned date as they said the will mail it to us .does that mean any thing to you ???/
thanks for your help
I do not think it means anything good or bad in terms of the result, but it is very common to get that call, especially for men from majority Muslim countries. There is no time frame for a decision, and if you do not have it in a couple months, you or your lawyer can inquire with the Asylum Office. Take care, Jason
Hello Jason, appreciate all your help. You’re our hero and God bless you and all your family. I have one question today.
I am doing concurrent filling to adjust my status from pending asylum application to marriage based green card. My wife is a US citizen and she is filing i131 for me. On my side I prepare 1485,i130A,i131.
I have my EAD and I am working in US for the last four years, should I have to file i765 for adjustment?
My wife is unemployed currently and can’t show supporting documents for i864, but we are financially secured cos I am working,Is that a must she needs to apply i864 affidavit support?
What other forms I need to apply?
I did the money order for i485(1225$) and i130(535$), Is all these forms and money orders get sent in one envelope?
Thank you
Correction: my wife is filing I-130. It’s not I-131 sorry
I really cannot advise you on most of this, as each case is different and I do not know the case. I do suggest you have a lawyer help you, especially if you are unsure what to do. As for the EAD, I think you should file for it based on c-9. Even if you have an asylum-based EAD, when you file the I-765 and the I-131, you will receive a combined EAD/Advance Parole, which will make it easy to re-enter the US if you leave. Both the I-765 and the I-131 are included in the $1,225, so you are paying for them whether you get them or not. The disadvantage is that the c-9 EAD is only valid for a year. If you do not care about travel and you already have an EAD, then there is probably no reason to file the I-765 or the I-131. Take care, Jason
Thanks Jason, what’s going to happen on my valid asylum EAD which I recently renewed for 2 years if I applied for C-9 EAD while filling status adjustment with form I485 and I130 concurrent filling?
It is possible they will deny the new EAD, but I think more likely, you will just get a second card that also serves as Advance Parole. Since it is not extra cost, you can try it and hopefully just receive the new card as before. Take care, Jason
How to Ask the office to send my case to Court . I don’t care they don’t have resources to interview . They should deal with that
I am not sure how to do that, or if they will do it. You can email them to ask – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello jason!
How should i expedite my rtd? How long will take if i expedite it
When you file for it, you can ask in the cover letter to expedite. If it is already filed, you can call USCIS to ask: 800-375-5283. I doubt that asking them to expedite will help much, but you never know and there is no harm in trying. Take care, Jason
Did anyone got interview in Chicago office that was applied in 2016 ?????????
I applied in dec 2017 – no interview
Applied January 2016 at Virginia asylum office and moved it to Chicago office in 2018 and no interview yet
I applied for asylum in November 2016 Chicago office. My interview is scheduled on December 2019
Thank you for answer Ivan did you expedite?
I applied in May 2016 still waiting.
No I didn’t expedite
Hey KOMARICA; I applied in March 2017 and had my interview on Dec 2018, the decision on Sep 2019. I have to request expedite both for the interview and for the decision. try to expedite. Good luck!
Hi, Jason.
What do you think about new proposed rule that USCIS published on their website? How do you think it will affect us, asylum seekers?
As usual, I don’t like it. I do plan to post something about it in the next week or two. Take care, Jason
Are you guys talking about this ?
https://www.uscis.gov/news/news-releases/uscis-deter-frivolous-or-fraudulent-asylum-seekers-obtaining-work-authorizations
I think that is the link, yes. It is lovely. Take care, Jason
Dear Jason,
A question for Advance Parole.
Will I be able to board the plane on the way back to the US without a passport, using all the following three documents:
1. EAD
2. State ID
3. Advance Parole
Will I be able to exit US and board the plane and enter EU without a valid passport or national id, if I’m a EU citizen? What if the fight has connections through diferent countries in EU? Will they recognize only the american issued IDs for boarking the planes and entering the countries?
As far as I know, you cannot travel internationally without a passport. The documents you list would not allow you to re-enter the US, and I doubt they would allow you to board an international flight. I think you need a passport or some type of international travel document. Take care, Jason
Hello Jason,
Not sure if you remember me; Syrian with 3 conducted interviews; pending for seven years now. I received this e-mail today through the online USCIS tracking system:
Your Case Status: Decision
We reached a decision in your case. You should expect to receive the decision in the mail shortly.
This is like a dream to me. I cannot believe that my case was finally decided. The congressman told me last week that he emailed the asylum office and they responded the next day stating that my case remains pending because of the “presidential orders”. Not sure if the asylum office really sent this weird reasoning, but obviously it was incorrect.
My heart is heavily beating. Not afraid of the outcome; regardless if it is yes or no, having the AO release the case from their custody is a great achievement. I am about having a heart attack 🙂
Keeping my finger crossed. Hopefully, I receive some good news soon that wipes off the pain I lived for the past few years.
FYI. I received two consecutive e-mails notification. The first one says “Decision” as mentioned above. The second one says “The fees for EAD I765 you sent last year is waived”. I don’t know what does that means? I sent I-765 application last year; it was approved already; they took the money as usual; they issued the card in a regular timely manner. I have no idea what does this waiver notification means!
1- Do you know how long does it take for the decision to be mailed out? Is it immediate so I expect to get it in my mailbox within a few days?
2- Does the waiver notification mean anything to you?
I need everybody sincere wishes and warm prayers. The Asylumist community was my true family during this hardship. I will keep you posted.
i remember you very well thanks for sharing my case like your case and i sent the congressman two times and come back with background check
and yesterday i email the senator and they said they will talk to usics
please let me know the decision and if you dont mind send me email or call me i will send you my cell by email
m.rabih.j@hotmail.com
im very worry about my case too
Hi Mohamed,
I would rather keep myself anonymous. I believe you understand the anxiety and the fear for our loved relatives who live in Syria if our info disclosed by any means to the Syrian interior.
You are welcome to ask any question here; I will happily answer it; and that might be better for all other readers to get the benefit. However, I don’t have much to tell. I did three interviews. I don’t know why they kept me on hold for that massive number of years. There was pretty much nothing to ask in the third interview more than exploring some info about opposition checkpoints. I did nothing more than pinging the congressman office almost one time every year. Since I know that congressman does nothing; I did not put much hope on them. Filed early 2013. First interview was early 2015, second interview was mid 2017, and the third interview late 2018. This is in SF office. Let me know if you have anymore questions.
Hi Syrian,
I am happy to hear this. Hope you will have a positive decision after this long wait. Check the status online, it might have changed.
Congratulations you are approved. When fee are waived its 100% approval.
Don’t jinx him…
1 – You should have the decision in a week or two, I would think. 2 – Some people would say that is good news, but I think you need to remain cautious, as you cannot predict anything these days. I wish you good luck, Jason
Glad you finally got the result
Hi Syrian,
Check your EAD clock, if it’s stopped, you most likely going to have a good news and if it’s running you still may probably going to have a good news with recommended approval. So fingers crossed and share the result with us. Wishing you All the best!
Hi Ballo,
How to check the clock? On my tracking account on egov.uscis.gov/casestatus; it used to show me my asylum case ID under “Receipt Number” and I-589 under file type.
Today, after the notification, it still shows the receipt number; but the “file type” has changed from I-589 to I-765. When I click on the asylum receipt number; it doesn’t show any clock. It shows a few lines to tell that my EAD fees were waived. Nothing more than this! Any advice?
However, in the email notification that I received this morning; it says: “and the USCIS portion of the EAD Clock is currently running”.
Does that mean there is no final decision yet?
Not to sound like a broken record, but I really think you cannot rely on these signs to know what the decision is. I may be wrong, but I feel like you don’t know for sure until you get the letter and in the mean time, you might make yourself crazy. Take care, Jason
Hi Syrian,
Then congratulations, your case has been approved because my case also changed from I-589 to I-765 when my case was approved. And yeah, in the email where it says the decision mailed, it’s says “EAD clock is currently running”. I’m sure, you will receive your approval soon. Happy for you that you have it after waiting for so long.
I think you case has been approved because most of people who received notifications in which the AED fee is waived get their cases approved. I have been waiting for the decision for 3 years now. I saw my congressman who made an inquiry on my behalf and USCIS asked him to allow them 90 days to resolve their blablabla. Good luck man
I moved to Charlotte, NC from New York and I want to move my case down here abs my asylum office will be Arlington, Virgin.
Here is my question:
How is Arlington Office? Is it hostile?
Please advise Jason.
Another question, I just sent in form for renewal of my EAD and I maybe moving to a new address by next month. After changing my address both with immigration and USPS. What is the chance that my EAD will be forwarded to the new address?
Has anyone used USA Premium Mail Forward? I heard they forward all mails including government mails.
The Arlington office is ok – I think the officers are generally good and they are fair. If you are changing your address, make sure to change it for the asylum case and the pending I-765. I do think there is some risk the new EAD gets lost, so if you have already sent the request and can keep the old address until you get the card, that may be safer. That said, the change of address should work. Take care, Jason
Is it possible that the USCIS will cancel all I-589 applicants and deport them ?
The law does not allow that – Congress and the President would need to change the law to eliminate asylum (and other defenses to deportation), and I think that will not happen any time soon. Take care, Jason
thanks
Dear Jason:
I have a question, which can really help someone. Actually, one of our relatives came here in Siv visa, and now she will have her naturalization interview soon, maybe in two weeks. Unfortunately, she has problem in English, she can not speak well even she is unable to read those 100 questions. What do you think ? Will USCIS denies her application for citizenship or is there any way for her ? She has three kids too but they don’t have problem.
There are some exceptions available for the test, but you have to be over 50 and be in the US for 20 years (or something like that – I can’t remember exactly), but most people have to pass the test. If she cannot pass, they may give her a second chance, but they can deny citizenship for those who cannot pass the test. She should study and try her best. I used to represent old people who took the test and they spoke little English, but they were able to remember the questions and (mostly) pass, so maybe she can do that too. Take care, Jason
Hello Mr Jason and asylum family,
Did anybody have an idea on the year that New York Asylum office is calling now for interview.
So awful to wait so long, I applied in May 2018. I expedited my interview but it was denied.
Please Mr Jason, it is possible to request AP based family separation to see your family members in third country while your application is still pending.
Thank you for your support Mr Jason. Be blessed
There is no schedule, so no one really knows when you will get an interview. If you have a new reason to expedite, you can try again. As for AP, you can apply for that and if it is granted, you can use it to travel to a third country. I wrote about AP on September 11, 2017. Take care, Jason
Hi Jason
I have a question regarding EAD application, my application was returned back to me due to missing pages.
My question is: do I have to send all the pages even those that are not applicable to me such as Interpreter contact information if I did not use any interpreter??
Thank you
Yes, you must send all pages. Also, USCIS is rejected some applications (especially I-589 forms) where all boxes are not completed, so if you have blank boxes on the form, you may want to write N/A to indicate that the question does not apply to you. Take care, Jason
Hi Jason. I am Asylum granted. After one hour i applied i485 and i131 Refugee Travel Document 3 months ago. Today my lawer has received letter that my Advance Payroll Document is approved.i am confused about it. I think advance pay roll document is for pending asylum? What should i do?
I assume you mean one year, not one hour, so you are eligible for the I-485. The form I-131 is for different things – including AP and the RTD. If you have asylum already, you want the RTD, not the AP. Maybe you could use your passport to travel and then use AP to re-enter, but I am not sure. Also, using your passport as an asylee may be a bad idea. I would ask for clarification from the lawyer, but hopefully you got the RTD, which looks like a passport and can be used in lieu of your home country passport. Take care, Jason
Thank you Jason. I am awaiting a decision for two years now. However, my only sister in Japan , her kids are being operated on and I need to be there for her. Japan is not my country of origin. Is that a humanitarian enough reason to request for advance parole?Also I hear if you applied for asylum within one year but had overstayed your visa for six months, immigrations can refuse you to enter even if you have advance parole. Is that true?
It is a good reason for AP – I wrote about AP on September 11, 2017. Maybe that post would help. USCIS sometimes denies requests for AP, but if you get it, you should be able to re-enter the US as long as it is valid. I have never heard of anyone being denied re-entry if they have AP (the rules used to be different and an overstay like you describe was potentially a problem, but that is not the case today). Take care, Jason
Dear Jason, regarding the Advance Parole, what if 10 years overstay and also not a valid passport? How can I board planes and cross borders without a valid passport due to the pending asylum?
The overstay does not matter, but you cannot use AP unless you have a valid passport. AP works like a visa – it lets you into the United States. But it can not be used in lieu of a passport. Take care, Jason
Hi Jason
I came here through c1/d visa and I applied for asylum in 2016 still my case is in asylum office. Since I came here as a crew member asylum officers doesn’t have any jurisdiction to see my case. I asked them many times to send my case to court but still my case is in asylum office. One of my friend advice me to drop my case from asylum office so that they will send it to court do you think this is a good idea? Thanks
I do not know how you could drop the case. You can ask to withdraw the case, but even if you then end up in court, that may be a bad idea, as it could cause problems with the one-year asylum filing bar (since you would have to re-file in court, and it has been more than one year since you entered). In a case like yours, what is likely to happen is that they will call you for an interview, see that they do not have jurisdiction, and then send you to court. You would think that they could save everyone the trouble and send you directly to court, but it does not seem to work that way. Maybe you can ask them to expedite your case and highlight the fact that if they expedite, it will be very quick, since they will just send you directly to court. Otherwise, I am not sure what else you can do except keep inquiring with them. Take care, Jason
Dear Jason,
One of my Iranian friend has been in Turkey for 4 years. He was approved his interview with UN and did part one ICMC1,and he got approved from the US. But while he was waiting to get ICMC2 done, UN got closed in Turkey. He has a sister in the US that needs him to be here. His sister is wondering if hiring a lawyer would help him? Or there is not much she can do here for him? I would appreciate if you guide them.
Thanks!
I do not do such cases, so I am not sure. A good place to start might be to reach out to a resettlement agency, such as HIAS or Catholic Charities. They may be able to point you in the right direction. Take care, Jason
Dear Jason, I have a lot to say but I don’t how to start. Words are not enough to thank you for all I have learned and what I have benefited from this blog. I got my asylum approved today and I would like to share my experience with others
•November 2016: application for asylum
•April 2019: I requested an expedition of my Interview due to health conditions
I emailed the office 3 times to inquire about my my expedition request and my interview was scheduled the day after the 3rd inquiry ( I gave them 30-60 days between each email)
October 2019: Interview Scheduled
November 2019: approval notice after 2 weeks
To everyone waiting I know exactly how hard it is but never give up.
Which office ?
Newark
Congratulations and thank you for sharing this news! I wish you the best of luck in the USA, Jason
Hi Jason, thank u for your great support. I’m in trouble. Last week I had an court final hearing in New York office. But I went there half an hour late for train problem. I took cab but it late. My attorney was in court before me. I infromed this my attorney. But unfortunately the judge didn’t take hearing. She give me another hearing after 3 years. Now what can I do.? Can i request for expedite? Its to judge or uscis. My attorney is not help full. He didn’t any request . Before my reached he may be took another date.He told me he charged more money for another hearing. I am out of family 6 years. When I leave country my kids was 11 month old. I don’t know what can I do.? Pls give me any suggestion.
Unfortunately, there is not much an attorney can do in this situation, as judges will not wait. At least the judge did not order you deported. As for the fees, it is fair to charge a fee for the lawyer to appear again in court, even though this problem was not your fault (it was not the lawyer’s fault either). All that said, your attorney can request an earlier court date – I wrote about that on April 20, 2017. Hopefully, you can get that, as the wait really is very long. Take care, Jason
Respected dear sir jason , I read that a person wrote on last post about recommended approval and timing, I wished to ask to you , if you see from your clients and in general becaused I was also giving the recommended approval but my security checks are pending, mister I understand there may not be specific answer but do you know how long this checks take in general to grant a decision final? have you seen a pattern? I hope you can reply and thanks in advanced,!
Also, I AM confuse as to why I need checks since I applied almost 5 years ago and they did fingerprints?? muchas gracias mister!
I am confused about that too, and I have never received a satisfactory answer. In any case, that is the system. Take care, Jason
I do not have enough cases to see a pattern. Some of my cases have received decisions in days; others took years (I wrote about one particularly bad incidence of this on August 27, 2015). Most cases I have seen recently are probably resolved within a few months, but I do not see so many cases like this. The only thing to do is periodically follow up, and if all else fails, try a mandamus. Take care, Jason