USCIS recently announced plans to dramatically increase fees for most immigration applications. The fee increase includes a dubious first for the United States–a fee for asylum.
If the rule goes into effect as is, the fee for an affirmative asylum application will be $50.00. For defensive applications (asylum applications filed in Immigration Court), there is no proposed fee–at least not yet. Also, for aliens who are unaccompanied minors, there is no asylum fee. For everyone else, the fee is mandatory and cannot be waived. This means that applicants who cannot come up with the fifty smackers cannot file for asylum. Fees will also go up indirectly, since USCIS will now charge asylum applicants for the initial Employment Authorization Document (“EAD”), which has been free. The proposed fee for an EAD is $490.00. People who are granted asylum will still receive their first EAD for free.
USCIS offers a number of justifications for the new fee. First, DHS has the statutory authority to charge a fee for asylum, as long as “Such fees [do] not exceed the Attorney General’s costs in adjudicating the applications.” See INA § 208(d)(3). The $50.00 fee is well below the cost of adjudicating an asylum application, and so DHS posits that they are within their power to impose the fee.
Second, DHS notes that other countries which are party to the Refugee Convention, charge comparable fees. This is technically true. Of the 147 countries that have signed the treaty, three (Australia, Fiji, and Iran) charge a similar fee for asylum. Of those three countries, however, two (Fiji and Iran) allow applicants to waive the fee.
Third, DHS apparently wants to cut other immigrants a break. Currently, asylum is funded through USCIS user fees, so when an applicant pays for her green card, part of that fee supports the asylum system. DHS claims that the agency “is exploring ways to alleviate the pressure that the asylum workload places on the administration of other immigration benefits.” DHS calculates that “the proposed $50 fee for Form I-589 mitigates the proposed fee increase of other immigration benefit requests by approximately $5 or $10.” Looked at another way, the asylum fee will “generate an estimated $8.15 million in annual revenue” for USCIS. This represents less than 0.2% of total fees earned by USCIS from users.
Fourth, DHS views the fee as another way to “discourage frivolous filings.” Of course, this is the justification for every action taken by DHS (and other agencies) against asylum seekers, and to me, it is not at all convincing. If our goal is to administer the system fairly, we should look for ways to protect legitimate asylum seekers and discourage fraudulent claims. The Trump Administration’s only solution here is to punish every asylum seeker equally, as if they are all fraudsters. This approach defeats the whole purpose of having an asylum law (or any law) and should be antithetical to any country that values Justice.
Why is the fee mandatory? According to the agency, “If DHS permits fee waiver requests, it assumes that the costs of administering the fee waiver request review process may exceed the revenue, thereby offsetting any cost recovery achieved from the fee.” In other words, the cost of adjudicating fee waivers will exceed the revenue generated by the asylum fee. Hence, everyone–with the exception of unaccompanied minors and people in Immigration Court–must pay the fee.
What about those who cannot afford the fee? Or those who need more than a year to raise the money (remember, if an asylum application is not filed within one year of the alien’s arrival in the U.S., the alien is generally barred from asylum)? “DHS acknowledges that an alien who is not placed in removal proceedings will have no means of applying for recognition as a person in need of refugee protection and its attendant benefits such as asylum or withholding-based employment authorization, travel documents, or documentation of immigration status, if they do not pay the proposed $50 fee.” However, DHS believes that the $50.00 fee is “not… so high as to be unaffordable to even an indigent alien.” For that same reason, DHS would not consider the inability to raise the fee within a year of arrival as an exception to the one-year asylum bar.
What to make of all this? On the one hand, the fee is not so great that many people will be blocked from filing for asylum. Unlike refugees who are waiting (mostly in vain) overseas for resettlement and who are often without any resources, affirmative asylum seekers have managed to reach the U.S. on their own. Whether they paid for a plane ticket or a smuggler, or just traveled here by themselves, most such people needed resources to get here, and probably have the money to pay $50.00 to file for asylum.
On the other hand, to me at least, DHS’s justifications ring hollow. Is the agency really so concerned about saving other immigrants five or ten bucks per form? Do they really think charging $50.00 will somehow discourage fraudulent applicants? Is the $8.15 million in estimated revenue really needed, especially given the $4.69 billion that USCIS expects to earn from all user fees? And, by the way, according to DHS’s own estimate, user fees will exceed costs by over $42 million per year. Heck, with a surplus like that, DHS could actually pay each asylum seeker $250.00 as a bonus for joining our great country!
I simply don’t believe that this new fee is about saving money or discouraging fraud. Instead, I think it’s meant to send yet another message to asylum seekers: You are not welcome here. It’s petty and it’s mean. It’s kicking people who are already down. I suspect it’s also designed to harm non-profits, some of which will pay these new fees for their clients. In short, the Trump Administration is doing everything it can to stop asylum seekers from coming to our country. This new fee is just one more piece of that effort.
If you’d like to submit a comment to the U.S. government about the new fee for asylum, or the new rules to delay and block work permits for asylum seekers, you can do so here (enter “asylum” in the search bar and you will find a link indicating where to submit your comment – comments can be submitted anonymously).
[…] system, which is currently free to applicants (though USCIS’s recent fee proposal includes a $50 fee for asylum). According to a USCIS spokesperson, without the injection of cash from Congress, the agency […]
Hi Jason, I applied for EAD renewal in Dec 2019. Would my application be considered as 1st priority for Interviews as per the new system of the affirmative asylum application?
I am not sure what you mean. Renewals seem to be taking between 4 and 7 months, and the priority for asylum cases are the new cases (I think less than 45 days old). Take care, Jason
I am instructed to go for biometrics on January 2nd, 2020. Since I submitted my application for asylum in 2017, I was never invited to perform these biometrics. Will I be requested to pay or not?
GMJ.
If the biometrics is for asylum, there is no fee. In any case, if there was a fee for some application, you pay that before they schedule biometrics, so you should just need to go and get it done. Take care, Jason
Thank you very much, Jason
You have helped me.
God bless you.
GMJ.
Hi Jason,
I have applied for asylum since March 2017. Up till this day, I have not been invited for fingerprints, neither have I been invited for an interview, but my EAD is issued and the renewal is currently in process.
Is there anything I can do to expedite the process for my interview?
I wrote about expediting on March 30, 2017 – maybe that would help. As for the fingerprints, you might contact the local asylum office and ask about the fingerprints – you can find their contact info if you follow the link at right called Asylum Office Locator. I would contact them about fingerprints before you try to expedite. Take care, Jason
Thank you very much sir and God bless you immensely.
GMJ
Hi Jason i received this for my husband work authorisation renewal.
What does this mean.
He had a small case of domestic violence and we recalled it. and so the case was closed by him attending community event and closing it off with some service.
we sent all the evidence with the application.
Is there anything serious.
Please can you shed some light on this.
This is the message from USCIS.
On December 19, 2019, we sent a request for additional evidence for your Form I-765, Application for Employment Authorization, Receipt Number The request for evidence explains what we need from you. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the request for evidence. If you do not receive your request for additional evidence by January 3, 2020, please go to http://www.uscis.gov/e-request to request a copy. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
You cannot tell what this is from the online message. He will receive a letter, explaining what needs to be done. It may be related to the DV, or maybe not. You will have to wait for the letter to know. Take care, Jason
Hi Jason
My TPS application was denied and I got a NTA. While waiting for NTA, I applied for asylum as well.
Before my MCH, I filed a de-novo review of my TPS application to renew my TPS EAD and the Judge accepted my request and set a Individual hearing 2 years in future and cancelled my MCH. My worry is now that will the Individual hearing only cover TPS or will it cover I589 as well? Is there a way to ensure that I could cover both TPS and I589 in the same date? I just dont want the judge to know about my I589 when I appear in front of him 2 years from now and him giving me a new date further in future to hear I589 which could be at least couple of years.
Any suggestions please?
Normally, but not always, the individual hearing is for the judge to hear all the applications for relief. I think you should prepare for both cases and submit all forms and evidence so you can present both cases at the individual hearing. When you file your documents, you (or hopefully, your lawyer) will inform the judge that you are seeking TPS and asylum and any other applications for relief that you are seeking. Take care, Jason
Hello Jason
When I sent my application form, I was thinking that I do not need an attorney. However, now I feel like I m in need to an attorney to follow up my case with the USCIS while my case is still pending. My question is can I hire an attorney and send G28 form to the USCIS in the middle of case processing?
Thank you
Yes – That is no problem. Take care, Jason
Has anyone received an email update for the EAD as below, does this mean that they are working to issue the EAD when I never requested a name change?
We updated your name for form I-765
Your Case Status: Initial Review
I think it just means that the case is processing. It seems normal to me. Take care, Jason
Thank you Jason! What is “Initial Review” is it Pending? And is this “Name was updated” mean processing in terms of an adjudicator actually actually picked it up for processing and it’s out of the backlog now and in the pile of currently being worked on?
Hi Lakman,
I read somewhere else that this message is a good sign and you may receive your EAD soon. Can I ask you when did you apply? My Receipt date is October 7, 2019. However, my just says that case received.
Asylee, mine is for an old case. This notification is just for the EAD renewal.
I do not specifically know what their messages mean. My sense is that this just means that they have your case and it is being processed, but I do not know that it means your case is out of the backlog. Take care, Jason
Hi Jason,
Thank you for running such a super informative website!
I had a question about transitioning from asylee to perm resident… I understand the AOS application has to be after 1 year of continued presence in the US. I think I know the answer to this, but to be completely clear- a trip to Puerto Rico does not count against it right?
Thanks again and I look forward to your response!
I have not looked at the statute, but I highly doubt a trip to PR counts as being outside the US. Take care, Jason
Hi Jason,
my case was refered to court by asylum office. my I130 was approved aroud one year ago when my wife was GC holder. she is citizen now. does the judge accept our approved I30 since by the time it was approved by uscis she was GC holder or we need to apply again for new I130 based on her citizen status?
Thanks
You should be able to use the same I-130 and – assuming you are eligible – you should be able to get your GC, either through the judge, or the judge can terminate the case and you get the GC from USCIS. I did a post about this on August 2, 2018, which might help. Take care, Jason
Hi Jason,
Thank you so much for the information you provide for asylees such as myself.
I want to send my i-485 form in 20 days after 1 year, I granted as asylee on jan2019
My lawyer wants to charge me again $1500 for filling this form
Do you you how much Is the pricing for filling this form ?
The government fee for the form is $1225 + you have to do a medical exam (usually $200 to $400). The lawyer fee seems fair to me – we charge the same thing, but different lawyers have different fees, so you can shop around. You can also do it yourself if you feel comfortable (I did a post on November 13, 2017 that might help). Take care, Jason
That is a good price in comparison to my lawyer’s price. He offered $4000 to me as a master applicant plus $1000 extra for each derivative plus the uscis fees ($1225 per applicant). I believe that was an exaggerated price! This is in North California.
Hi asylumist
Do you have any idea of grante immigration judge
Vance H. Spath of Arlington EOR .He doesn’t have yet any statistics. He must new.Is he a fair judge or is he hard to win case according to what you might know about him
I have not had a case with him, or heard anything positive or negative, so I don’t know. Of course, if there was some major issue with him, that would likely be news, and so maybe that is a positive sign. Take care, Jason
Dear Jason
Thank you so much for being so helpful I do not know here would we go with all these questions if not for you,
we are stuck in a situation.
We just received a phone call from back home that my mother in law is having health problems.
unfortunately both of her kidney are not functioning at a rate of 95% and she will need a transplant.
This is the same country we fear to go to and have filed for asylum
We have not had an interview as yet since 2017.
My husband passport has expired in March 2019.
In case God forbid if he needs to travel what are his options.
Does he needs to renew his passport ?
Or advance parole is his option.
Do you know how long the advance parole is valid ?
Will he ever have problems to come back to USA?
I am not going to be travelling with him he will be the only one.
This is for Srilanka.
I am so worried about him coming back or having to travel under these cicrumstances.
What is your best possible advice for us.
Please help !
He should apply for AP – I wrote about that on September 11, 2017. One issue is that he will need a passport to travel, so he will have to apply for that. Another issue is that returning to the home country can greatly reduce the chances for winning an asylum case. The situation is usually worse for people who fear their government, as opposed to people who fear terrorists where the government cannot protect them. Either way, he would need to explain why he got the passport and traveled to Sri Lanka (get evidence of your mother-in-law’s health issues). If he is the dependent in the case (as opposed to the principal applicant), this is much less of an issue. Finally, AP is not a fast process – it can take maybe 4 to 6 months. When he files, he can submit the medical evidence and ask to expedite. Once he has AP, there should be no problem to travel and return for as long as it is valid. How long it will be valid is hard to say. We usually indicate two dates of travel on the form – one in about 5 to 7 months and the second in about a year. The hope is that they will issue AP to cover both dates, so there will be time to travel. Take care, Jason
One question more please. What’s the procedure to terminate my attorney and to contact USCIS to contact me directly about my I-petition. Also I am in removal proceedings , How to contact the court to let them know about removal of this attorney?
Thank you in advance
You should tell your attorney (in writing) to file a motion to withdraw. Then you should contact the Immigration Court and the DHS Office of the Chief Counsel (links to both are at right) to make sure they know, and that they have your current address. Statistically, it is more likely to win in court if you have a lawyer to assist you, and so you may want to find a new lawyer, but that choice is up to you. Take care, Jason
Hi Jason
Can my Lawyer NOT place an Inquiry about my I-130 petition with USCIS, Provided the processing date is already passed according to the USCIS website.My attorney stated since I am in removal proceedings , This petition slighty take longer than others.. what My I-130 has to do with court ??
Am I Obligated to pay him 1500 $ For the MCH set by the court itself for which neither I showed Off nor my attorney that day after he filed my I- 130 petition with USCIS and he sent the I-130 receipt to immigration court and the court set that MCH itself. But it has mentioned this amount in agreement.
Regards
This stuff can be tricky, as it depends on the specifics of the contract and what the lawyer has done. Making inquiries is not very efficient or effective, and so we don’t like to do them too often, but if a case is 90+ days outside the processing time, an inquiry is appropriate. If the lawyer does not want to do that, you can – call 800-375-5283 and make sure you have all the info and receipt numbers for your case. That said, you always have the option to find a new lawyer if you feel your current lawyer is not doing the job properly. Before you do that, if you want, maybe you can have a conversation to clarify expectations and why the lawyer is doing/not doing certain things. Take care, Jason
Hello Jason,
Assuming I gained the US GC based on my asylum application and issued an RTD based on it. And assuming that I have to travel to a third safe country that is not part of the 1951 refugee convention; which means it doesn’t accept the US RTD. Can I use my valid home country’s passport to go to that country?
According to the post-asylum orientation I recently attended, by using your home country’s passport, even to travel to a third country that doesn’t accept US RTDs, avails your asylum to be terminated and consequently losing your residence status.
The presenter was a USCIS representative that works in the health department. I assumed she doesn’t know the law in details when it comes to special circumstances. I tried to debate but she insisted to never use it under any circumstances.
Do you have different insights?
I think it is preferable not to use it, but many countries do not accept the RTD, and I have had client travel using their passports. So far, no one has had any real problem (other than being asked about the travel at the airport or a naturalization interview). However, the government keeps getting nastier, and you never know. I think if you have to use it, you should at least be prepared to explain with evidence why you used the passport and why you could not use an RTD. I doubt this could cause a person to lose asylum status, but there is some risk and it should only be done if necessary. Take care, Jason
Dear sir jason would it be possible if one day you would try to gather information and make a post about the countries (main or most important) that take the RTD and those who do not, I feel like this would be very helpful to hundreds of asyeez! thank you..
I don’t have the capability to do that, but it would be good to know. Unfortunately, these days, there is little time for such work, as we are all playing defense. The other issue is that I get the sense that countries are not always consistent in their approach to the RTD. You would think that it would be treated as a US passport, but it is not. If I do come across that info, I will try to post it here, as I agree that it would be helpful to many people. Take care, Jason
Hi Jason
I have a pending asylum in court. My spouse is overseas. If I were able to get her a J-visa for research etc, would they let her in ? And what if I sign and have her sign an affidavit that she will return at the conclusion of the visit, would that help ?
Thanks
H.
It will likely be more difficult for her to get a J visa because you have a pending case, but she can try. If she gets it, she will likely get in. I do not know whether signing an affidavit will help or not, since that will call attention to your case. Maybe she is better off to put together the best visa application she can without such an affidavit and see what happens. She can also talk to a lawyer who does such visas and seek some guidance. Take care, Jason
Hi,
My asylum case was approved a couple of months ago including my spouse and kids as derivatives. However, my wife’s brother who is an American citizen has submitted a family petition I-130 for my wife and included all of us in the application. He submitted the I-130 about 4 years ago. I was told that this type of applications takes about 13 to 15 years to be adjudicated. Since my asylum is granted what should we do with the submitted I-130?
– Do nothing
– Withdraw it immediately
– Withdraw it after getting the GC
– Withdraw it after being naturalized?
Does it affect our case by any mean?
You do not need to take any action on the I-130. It is just a petition, which means it is filed by the brother-in-law and has no effect on you. Once it is current (in maybe 2030-something), you could file for your green cards, or you could do nothing. Since you will hopefully be US citizens by then, there will be no need to take action and it will just eventually expire. For now, though, there is no reason to touch it as it has no effect on anything. Take care, Jason
Hello Jason, I hope you are doing great. I checked my asylee based GC application today and and the case has now changed from:
“Fingerprint Review Was Completed” to “Case Was Updated To Show Fingerprints Were Take”
What does it mean?
The update is also backdated
The exact same thing happened to me. I wonder what it means.
I do not think it means much, but at least it shows that the case is moving along. The wait time for a GC based on asylum seems very variable – we have seen it take maybe 6 months and we have also seen it take almost 2 years. Hopefully, you will get some news soon. Take care, Jason
Hi! I am waiting for my interview since April 2014 and never get any letter from them . I Applied in Miami after one year I moved my case to Boston. (Sub-Office Boston). Do you have any information about the weather in that office. And what you can advise me to do in that case ? Because it been already 5 years since I applied. Thank you so much
I do not have info about that office, but it should be faster than Miami. You might try to expedite your case – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
What do we need to do for a voluntary departure? Do I need a lawyer for that? Please advise my master hearing is next year and I would like to drop my case.
You can Google “INA 240B” to see the law about voluntary departure. Basically, you need to show that you have a valid travel document/passport, you can afford to pay the fee, you have no disqualifying criminal convictions, and you are willing to leave. Take a look at the law, as it lays out the requirements pretty well. Take care, Jason
I have been following this webpage for years. And I could ask here any related question and get valuable answer. First of all I would like to say thanks to mr. Jason. You are amazing person. You helped us a lot. You’re really professional of this industry.
Finally after waiting 2.5 years my case was granted. I wish all of you good luck. Be patient and you’ll get what you deserved.
Again great thanks to Jason.
My timeline:
Applied: 2014
Interviewed: 2017
Approved: 2019
Chicago office.
CONGRATS!
@asylumist312
First and foremost CONGRATULATIONS!. If you allow me to ask you these questions:
1- Are you a Muslim man from one of the banned countries?
2- How did you bear this long time of waiting ?
3- Did you keep follow up with office by going there and ask about your case? What was their answer?
4- Did you seek help from a senator or a congressman?
5- Did you have an attorney who helped you or did anything ?
I would highly appreciate that you answer my questions.
Thanks,
Regards,
Hi Optimistic,
1. I am NOT from banned Muslim countries
2. During the waiting period I was just making inquiries in person every 3-4 months. And always was getting the same answer “your case is pending”. The good thing I have my family here with me. So it helped me to stay calm.
3. No. But you can contact them. Maybe they will be able to help with your case.
4. I don’t have an attorney. I was having financial problems when I applied to asylum. So I couldn’t afford to have an attorney that time.
Thank you and good luck in your case.
Congratulation! Do u mind sharing which of 2017 you’ve got interviewed? Thanks
July 2017
Congratulations and thank you for sharing the news! I did a post on what happens when asylum is granted – on May 16, 2018 – maybe that would be of interest. Congrats again, and Welcome to the USA! Jason
Congratulations. Make sure to attend the orientation. It was useful. It has more information than I thought.
Congratulations!!!!!!
Hi, Jason, do you know when it may go into effect? I only found this part “The FY 2019/2020 fee review assumes these changes may affect the second year of the biennial period, as FY 2020 began on October 1, 2019”. Reason I’m asking, I submitted form for EAD renewal and sent money for $410, so if this rule goes into effect before they issue me a new EAD and new fee will be $490, will they reject my application then?
I do not know when it will go into effect, but if you filed under the old fee, you will be fine – they are cruel, but they will not change an application fee in the middle of the case. Take care, Jason
Dear Jason, what kind of cases get sent to headquarters and where is headquarters located ? thank you
the HQ is in Washington, DC. I did a post on October 20, 2015 about the types of cases that get sent to HQ. Take care, Jason
Hi dear jason what mean case was updated fingerprints were taken this message for renew my EAD before 2 months so my question when can receive my EAD take long time or approve soon thank you for
answer
Sorry updated to show fingerprints were taken
Renewals seem to be taking a while – maybe 4 to 7 months. The message you received seems to indicate that something is happening at least, so that is a good sign. Take care, Jason
Hello Jason,
Thank you for all you do .
My question is can you give an idea of the court dates asylees are getting in the DMV region, my brother told me his friend case was reffered to court earlier in the year and he was given a date in 2022, how true is this? are they pushing out court dates this long?
It varies a lot by judge. We get dates ranging from 6 months to maybe 3+ years. I think we have one case now scheduled for 2024, but most judges give date for the final hearing in 1 or 2 years. Take care, Jason
Hi,
Does Form I-131 for RTD (first time after asylum approval) need photographs to be attached with it while applying??? Thanks
We always send two photos and I think that is required (I’ve been doing it that way for years and have not looked at the instructions lately, so maybe it is changed – you can double check the instructions to see for sure). Take care, Jason
Thank you so much Jason. Really highly appreciated.
Hi Jason,
I recently sent my RTD form without passport photos – after checking USCIS instructions two passport photos only required when you apply fro outside the US. But not quite sure if that the real experience, this is my first RTD based on asylum approval, if i was wrong would they follow up with me asking for 2 photos or they just deny the application ?
Regards,
I have not looked at the instructions in years – I’ve always just sent two photos – so it may be unnecessary. My guess is that if they need the photos, they will send you a request for evidence (and not reject the case outright). If you want to send the photos preemptively, you can do that too – once you get the receipt, send the photos with a copy of the receipt and a letter explaining that you forgot to include them. Take care, Jason
Hi json , As always thanks for giving you time and help us. I have one question
Is it legal to lease two apartment by my name , I live in one apartment and my parent live in other one ? Does this affect my asylum case ,? They only have my primary apartment address .
I do not see why that should be a problem or have any effect on your asylum case. Take care, Jason
Jason, please tell me. I applied for asylum in January 2017. If I transfer the case to another office, it will fit in a backlog or as if I just applied for asylum and they will put me at the beginning of the line
Thanks!!!
Supposedly, they will treat the application as if it was filed in the new office, but since everything is such a mess these days, it is difficult to know for sure. Take care, Jason
Hi, Jason, do you know when/if USCIS is going to share statistics report on asylum interviews? It has been a month since they cancelled meeting on 11/14, and still no data, no news, nothing. It’s so frustrating to not knowing what’s going on with the schedulin and specially backlog cases.
I don’t know and they are not telling us anything. It is just part of the overall effort to be less transparent, which is very bad for our democracy. Maybe someone with the time will do a FOIA to try to get the data. If I have news, I will try to post it here. Take care, Jason
HI Jason,
I applied for Asylum around oct 2017, and until now I have not gotten an interview date, can you from your experience on what is currently happening advice on the possible time line, do you think I am going to get interviewed any time soon, My case is in the Virginia Office.
I doubt you will get an interview any time soon. It seems that the only backlog cases they are doing are expedites, and maybe once in a while, they randomly pluck a case from the backlog to interview. That is a rumor and I am not sure whether it is true. Now, supposedly, if they have time for backlog cases, they will review them from newest to oldest, meaning that you have about 2 years of people in front of you (again, assuming they actually start to work on backlog cases in a consistent way). Your best bet these days is to try to expedite – I wrote about that on March 30, 2017. Take care, Jason
I have been following the blog for a long time and appreciate everything that you do and how this community is coming together to help each other out. I have somewhat of a complicated issue and would love if anyone has insights for help.
I came to the United States in 2015 and applied for Assylum as a dependant on my father’s application (I was 19 years old then). With the current interview system, 1) can I withdraw myself from his application and have an individual application for myself? 2) Would this help me get a sooner interview based on the LIFO interview order? 3) Would that be an exceptional situation to be waived from the 1-year bar? I already applied for asylum within a year but as a dependant rather than an adult.
I want to be able to apply for student financial aid as a refugee and also (and I know this is not as important compared to people having their families living in a war zone) travel and see my grandma/ friends/ family that are unfortunately scattered around the world.
4) can I travel to Canda or Germany with advanced parole considering I am from a Muslim banned country? how safe is it (in terms of ability to come back?
Thank you for your time and I am truly anxious to hear what you have to say.
1 – Maybe, but you would be filing with the local office, as is required for second applications, and so it would not help you in terms of the time, but there might be other reasons to do it (to be independent of your father or to include your own spouse, if you married, for example). 2 – I doubt it, as a dependent who files their own case is considered to have filed a second application and you would not be a priority for an interview (at least as far as I know, since all their policy keep changing). 3 – If you were an asylum seeker’s dependent, that counts as being in status for purpose of the one-year bar, but if you leave your father’s case, you need to file your case as soon as possible; otherwise you would have a problem with the one year bar. 4 – If you get AP, you can travel. You can do that as a dependent or as a principal applicant. If you get AP, you should be able to return safely, but you would still need a visa to visit the countries where you want to go. Take care, Jason
Hey Jason, I have a question!, i am a pending asylum and i am still waiting my interview since more than a year, if i wanna move to another state and this state belong different office , so my application will move to the another office, my question is .. how this office will handle my application ? as a new applications or as a old applications … witch queue i will belong?? ):
Supposedly, if you move, the new office will treat you as if you filed in that office originally. In truth, I do not know whether that actually happens, since the whole system is a mess and there is no real queue anyway. But that is how it is supposed to work. Take care, Jason
Hi Jason ,
Thank you for the info , I have one specific question ? Have you heard about any one with RTD only with no GC denied entry back to USA , what could be worse scenario ? send back to prosecution country ?
As long as you have valid RTD , you will be fine without Green Card, I did it, so relax and enjoy your trip 😊
I have never heard of that. If you have the RTD, you should be allowed in. If they think you are a terrorist or criminal, they could detain you, and you would see an immigration judge, but otherwise, you should be fine. Take care, Jason
Thank you for sharing this information. If I’m understang it correctly, they are increasing waiting time for the 1st EAD up till 365 days after the filling date, and now they want people(who often come here with some money just enough to support themselves in USA for a couple months) to pay $50? Why don’t they implement express processing time for asylum cases instead? I think that would bring money to USCIS, and also people who pay extra can have their cases processed quicker, win on both sides, no?
I have proposed that idea as well (on June 26, 2014). I think it is not about money. It is about harming asylum seekers. That is how they seem to make their decisions these days. Take care, Jason
Dear Mr Jason
I have an asylum case pending with immigration court in NYC my wife and my kids are still back in my own country , my mother in law which is a US citizen filed I 130 (F3) for my wife which is with NVC , so now my wife is sick , my lawyer sent motion to expedite my court date but it denied by my judge I have no choice if I leave to go to a third country or my own country to take my wife for treatment , what will happen to my asylum case and I 130 application? Thanks
If you have to leave, you should talk to your lawyer about voluntary departure – this may make it easier for you to return (based on the pending I-130, for example). If you leave without voluntary departure, it will be considered as if you have deported yourself, and you will be barred from returning to the US (in most cases, for 10 years) and the asylum case will be denied/withdrawn. You might also try to communicate with DHS (or have your lawyer do this) to see if there is any way to leave and return while the court case is pending. I do not think this is possible, but you might look into it. Take care, Jason
Just trying to understand,
I thought the 10 years rule applies to people who acquired unlawful presence. The person who is asking has a pending asylum case which makes his stay lawful. Why would the 10 years rule apply to him in this case?
If a person is ordered deported (as opposed to leaving with voluntary departure), the person usually gets barred from returning for 10 years. Take care, Jason
Hi Jason
My case has some similarity. I desperately need to visit my wife who is sick. I am in removal proceedings. I am out of status. Can I get something from DHS to travel ? Like an advanced parole ? Would it help to ask the senator’s help ?
Thank you
H
In general, people in proceedings cannot travel. There supposedly was a way to get permission from DHS to travel for an emergency, but I do not know whether that is possible these days, and I have never tried it. You could reach out to the DHS attorney (prosecutor) to see what they say. Also, you might try to expedite the court case (I wrote about that on April 20, 2017), but even if you do that, it will probably not be very fast. Good luck, Jason
Hi Jason. I am Asylum granted last year. I applied i730 for my family in my home country. 17 months have passed but no news. I visted congrman, talked online number ut no progress. I am here and my family is facing financial crises and my care too. What should i do? How wait more?
If you check the processing time at http://www.uscis.gov, I think it will tell you 17.5 to 22.5 months (at least for the Texas office), and so you are still within the “normal” time frame. Nevertheless, you can try to call USCIS and ask if there is any way to expedite – the number is 800-375-5283. You can also mail them documents asking to expedite (to the last address where you got a receipt, and make sure to include all the info for the case – case numbers, etc. and a copy of your receipts). Whether this will help, I do not know, but maybe. Good luck, Jason
Dear Jason,
I hope you are doing well. I have been scheduled for my Individual Hearing on master hearing on February 7th, 2019 for February 7th, 2020 in NY. There were less than 2 months to my Individual hearing but the court reschedules it for Oct. 1st, 2021. My judge, Lisa Ling, is a new judge who was appointed around July 2018. So I assume she probably does not have that much case on her calendar. However, she just rescheduled my case. I applied for asylum November 2017. Now I will be waiting for my case almost 4 years if I wait for this new date.
My question is how can I expedite my court date. I do not have any medical issues or urgent issue but my wife had to see her family and I do not want to wait that long in this unknown political era with Trump administration. We all do not know what would happen tomorrow if he changes rules about asylum which he changes them regularly these days.
It is very common to have cases rescheduled like this (it happened to my client for my case next week, and we still have no idea when the new hearing will be). You can try to advance the hearing to a sooner date – I wrote about that on April 20, 2017. As for the asylum rules, while there are negative changes to the regulations (the rules that interpret the law), the asylum law itself has remain unchanged – that would require the President and Congress to work together, which is not very likely. Take care, Jason
Thank you, Jason. I have read your article as my understanding If I have a good reason to expedite there may be a change about the date. I talked to my lawyer and he told me that I should give them really a strong reason to be accepted. Because of one of his clients did try expedite and the judge told him “Why? Did somebody died?” Is it really that hard to be accepted?
It depends on the judge. We have had mixed success with expedite requests in court. If you have a good reason it helps, but even without a good reason, it sometimes works. At least that is my experience. Take care, Jason
Thank you, dear Jason! Merry Christmas
Thank you – Merry Christmas to you too, Jason
Today my case has changed to Fees Were Waived. I have completed my interview 28 months ago. Hopefully it is a good sign. It is saying “ON THIS DATE We received your case and waived the filling fee for your form I-765….”.
But the date is exactly two weeks from the date of my interview. Have anyone here get the similar message?
Hopefully, it is a positive sign. Good luck, Jason
Hello,
I received the same notification before they sent me the approval letter. The fee waiver date mentioned in the notification was 10 days after my last interview which was 12 months ago. Hopefully, this is a sign of approval. I received the asylum office approval letter by mail 5 days after this notification. Make sure that somebody is always available at your address to receive the mail. They sent me an authorized mail which requires somebody to sign on it. So, USPS will knock on your door; they will not drop the letter in your mailbox. You can sign up with the “Informed Delivery” service on the USPS website and see all the upcoming packages and tracking numbers that are sent to you. Crossing fingers for good news. Good luck and let us know.
Thank you for your response!
Hopefully my case is approved. And I am using informed delivery feature which is good. I will let you know when I will receive the notice letter.
Thanks
I highly recommend USPS “informed delivery” too. You can Google that and sign up; then you will not what is coming. Take care, Jason
Hi Jason,
I would like to thank you first for being upfront supporting asylum applicant during difficult time. I am great full to you for the blog, I read it on a regular basis.
I would like to get your point of view on an issue that I would like to get more clarification. I came to the US with my wife and daughter, I have applied for asylum with my wife and daughter as derivative applicant around mid 2016 for political asylum reason , I am still waiting for an interview but my wife and I wanted to add another reason ( FGM) why I am applying for asylum, this affidavit is written by my wife.
My question are :
– is it possible to submit additional affidavit written by my wife to my application?
– can I amend my already submitted I-589 application form to add the additional reason (FGM)?
Thank you
You can submit additional evidence and amend your I-589 at the interview. This includes adding an affidavit from your wife. For FGM, if she is a victim, she should include a medical report from a reputable doctor. Also, she might consider adding her own I-589 to the case, since she is the victim (or potential victim) of the FGM. If you are adding a new claim, you should probably explain why you did not list that claim in the original application (maybe you did not know that FGM could form the basis for an asylum case?). In a case like this, you might want to consult with a lawyer about the specifics of the situation to see how best to incorporate her claim (or your daughter’s claim) into your existing case. Take care, Jason
Thank you for your prompt reply Jason,
New claim means we still have chance to submit another I-589 application this time my wife as main applicant?
All the Best Jason.
If she was a dependent on your case, she could file an I-589, but it would still be part of your case if that case is still pending. If your case is done, and she was a dependent, she can file again, but the procedure is to file in the local office, as this is a second application. Take care, Jason
Hi Jason,
Thank you so much for the information you routinely provide for asylees such as myself.
I filed for asylum in CT from Jamaica based on my sexuality back in 2015 and after 2 years subsequently moved to IL. I have since completed my interview almost 2 years ago and added a derivative to my application (my husband and i got married about a year and a half ago). I have since submitted an inquiry about every 6 months but the office usually responds saying that my case is “pending background check clearance”. They responded to my congressman’s inquiry to say additionally that “If a background check reveals an issue that may impact an applicants elegibility for the requested immigration benefit, further inquiry is needed”.
1-Do you have any experience with this language and what it might mean? I get the impression that this phrase was included because it is specific to my case?
2-Do you think that because I added my husband they are now doing a new background check on him which would take an additional 5 years? I saw in the news that the director of USCIS said that they will not process asylum cases in too short of a time. He essentially suggested that if it is processed too soon then that would make it too easy for asylees.
3-Should I have him submit his own asylum application and would this expedite my application so at least one of us is able to find some progress?
Thank you again for all that you do for those stuck in the system and i look forward to reading your future posts.
1 – I doubt that language is specific to your case. It does not tell you much, and it is unusual (though not unheard of) that a person from Jamaica would have such a long security check delay. You might consider a mandamus lawsuit – we wrote about that on October 2, 2018. 2 – I do not know why your husband would add so much time to the background check, but I suppose he could account for some of the delay. Even so, it seems too long. I have not heard about the asylum office deliberately delaying cases, and I doubt they are doing that, but these days, you never know. 3 – I doubt that would help. Typically, if the person is already a dependent on one case, they just put the two cases together and that will not make the process faster. Good luck, Jason
Hi Jason
Thank you! I checked my USCIS case status yesterday and saw that the listed form # changed to I-765 (which is the ead application) after previously reading I-589. The case history now says “You completed your interview with USCIS”. The status currently says that the fees have been waived and i will receive a letter explaining how my application will be processed.
I did not apply for a new EAD as my current one is valid for 1 year 5 months and have done no interviews in the last 22 months..
I hope this is a good sign on my case.
Thanks for your help again!
I hope so too. Good luck, Jason
Hi Jason,
Thank you. The notice came in the mail this past weekend to confirm the approval!
Great news! Thank you for sharing, and Welcome to the USA! Jason
Thanks for sharing this information, Jason. Well, whatever happens, we as the passenger of the same boat should support those who are unable to pay that fee. It is not very expensive but the people who are coming from poor countries after adopting all means will have difficulty. There should be an organization or trust where we, who have EAD and working in the USA can support financially to those who cannot pay.
My guess is that some non-profits will help with this, assuming it goes into effect. We shall see. Take care, Jason