Winning asylum is becoming harder, but it still happens. One of the great benefits of receiving asylum in the United States is that you can file for certain family members to either come to the United States or–if they are already here but do not have status–obtain their lawful status in our country. The process of filing for a family member can be complicated, but a new resource can help: The I-730 Refugee/Asylee Family Reunification Practice Manual.
The first thing to know about this manual is that it is designed for attorneys and accredited representatives; it is not designed for lay people. In other words, it’s not really designed to assist asylees and refugees themselves. It’s important to understand this, as the manual does include some legal jargon and lots of legal references, which are more easily understood by people with legal training. However, overall, the manual is clear and well-written, and it might also be of use to people who are not represented by attorneys (I fear that the authors might cringe if they read this, but these days, low cost legal help is not easy to find, and for those who cannot secure assistance, the manual could be a real life-saver).
The second thing to know about this manual is that it is terrific. It covers all the basics, and provides ideas to assist in many problematic situations. It also doesn’t hurt that it is available for free. So kudos to authors Rebecca R. Schaeffer and Katherine Reynolds, and to the organizations who helped make the manual possible: CLINIC, Church World Service, Elon University, and UNHCR.
In this post, I obviously cannot cover or even summarize the material contained in the family reunification manual. Instead, I want to give an overview of the I-730 process for asylees (as opposed to refugees) and to talk about what to expect when you file an I-730 Asylee Relative Petition for a family member.
First, only spouses and children can benefit from an I-730 petition. For spouses, the marriage must have existed prior to the approval of the asylum application. Also, there are certain restrictions about who is considered a spouse: Proxy marriages and polygamous marriages generally do not count. Children generally include biological children, step-children, adopted children, children born out of wedlock, and even unborn children. The child must have been under 21 at the time the principal’s I-589 was filed. Also, the child must remain unmarried until the I-730 is approved and the child/beneficiary is in the United States. There are exceptions to all these rules–and exceptions to some of the exceptions. The manual covers a number of different situations, but if you are not sure, talk to a lawyer. Aside from spouses and children, no other relatives can benefit from an I-730.
The I-730 cannot be filed until asylum is granted, and it must be filed within two years of the date asylum is approved (again, there are exceptions). A separate I-730 must be filed for each family member.
When we file an I-730 for one of our asylee clients, we generally include proof of asylum status (copy of the approval letter or Immigration Judge’s order), proof of identity (copy of passport or other identity document), evidence of the relationship (copy of marriage certificate or birth certificate), evidence of the beneficiary’s identity (copy of passport), and two passport-style photos of the beneficiary. Depending on the case, evidentiary requirements vary, so talk to a lawyer to be sure.
Beneficiaries who are inside the U.S. will receive an interview at their local USCIS office and, if approved, they will receive asylum status. It is possible to file for a family member who is in the United States even if the person entered the country illegally or overstayed a visa, or if the person has criminal or immigration issues, including people with a final order of removal. However, such cases are complicated, and starting the I-730 process for such a person could cause more harm than good. So if a potential I-730 beneficiary has criminal or immigration issues, it is important to consult with a lawyer before you start the I-730 process.
Where the beneficiary is overseas, USCIS will forward the I-730 (via the National Visa Center) to the appropriate embassy. The embassy will contact the beneficiary about a medical exam and other required evidence (which varies from embassy to embassy), and to schedule an interview. If the case is approved, the beneficiary will receive a travel packet, which acts like a visa and allows her to come to the United States as long as the “visa” is valid. Upon arrival, the person will undergo another inspection at the airport, and–if all goes well–enter the U.S. as an asylee.
As the manual points out, the processing time for an I-730 is not predictable. Most cases where the beneficiary is inside the U.S. take at least a year. Cases where the beneficiary is overseas take longer–a two year wait is not uncommon. In my office, we have seen cases go more quickly, but that is not the norm, especially these days. For cases outside the normal processing time, it is possible to make an inquiry. Pages 57 to 60 of the manual give some helpful advice on that score.
A few final points: For the interview, adult beneficiaries should have some awareness of the principal’s asylum case. Beneficiaries are often not questioned about the principal’s case, but if they are, it is better to know the basics (and if you do not know the answer, don’t guess; say “I don’t know“). Also, any documents not in English that are submitted with the I-730 should include certified English translations. Original documents are generally expected at the interview, so try to make sure the beneficiary has those. Lastly, remember that if a principal asylee becomes a U.S. citizen, or if the relationship ends through death or divorce, and the dependent is still an asylee (as opposed to a lawful permanent resident), the dependent will lose his status (and have to apply for nunc pro tunc asylum). For this reason, it is best for dependents to apply for residency as soon as they are eligible.
So I guess that is a wrap for 2019. I wanted to end on a positive note–and there is nothing more positive in asylum-land than family reunification. I wish you all a Happy New Year, and I hope to see you in the 2020’s.
Hi Buddy
My case in court. It needs at least three years so as to be seen. Meanwhile a lady who saw my problems would like to sponsor my high school graduate son. So is that possible you think. Thank you
I have no idea how she would do that, but talk to a lawyer to see whether that is possible. Also, you can try to expedite a court case – I wrote about that on April 20, 2017. Take care, Jason
Thank you
I was submitting a motion to advance the date but the judge doesn’t review in a timely fashion and still pending. You suggested me to call the clerk. Finally, with unknown reason, it goes to voice mail. Whether she block my number I don’t have an idea. Is there any other way to get the clerk other than a phone?
Thank you for your relentless effort you exert to support us. God bless!
You could go in person and ask to talk to the person at the reception. It might help. Take care, Jason
Hello Jason
We filled I 730 petition in December I am in USA San Francisco. Today I got letter for finger print
1. So how long it take to get an interview after finger print ?
I don’t remember – you can check the processing time for an I-730 at http://www.uscis.gov. I think for a case where the person is in the US, it may take about a year to get the case completed, but these days, things are not very predictable. Hopefully, it will be faster than that. Take care, Jason
Hello Jason
I have pending asylum case and also in F status.I used my asylum work permit to work and my schoo will be finished in next two years. My question is that if for any reason my asylum case deny in asylum office, what should I do? is that possible ice dentaied me or just they would send me to court like other asylum seeker? If they do not send my case to court when can i re-apply for asylum at the end my i20 date which is 2022? Is it possible to use my i20 as an excuse for one year bar with proof of my old asylum documents? I scare that they will deatin me although i have not had any criminal issue.
Thanks
T
My understanding is that if an F-1 student is denied asylum, her case will be referred to court. It is rare for such people to be detained, so I would not worry about that (we have never seen that among our clients, though one person – a form J-1 student – was given an ankle bracelet). If they end up giving you a final denial and not sending you to court, you can re-file. The fact that you were in lawful F status would be an exception to the one year bar (but you should try to file before your status expires, as things become more complicated once your status expires). Note that lawful status requires the I-20 and you have to be a full time enrolled student. Take care, Jason
Hi Jason
I got my husband’s approval and they send the case to department state for visa processing I just got the approved letter.. do they send me a mail for visa processing? What is next step after approved?
Apply i730 2/2019
Approved 12/2019
Huston office
If you are overseas, you should receive an email telling you about the next steps (consular processing). If you are in the US, you should receive your status here and your work permit. The link to the manual in the article above may be helpful for guidance with this. Take care, Jason
I’m living in USA and I applied for my husband he approved after 10 months … my question is “what is the next step after approved ?
They update his case status last week that they send a mail to department state for visa processing
Will they send me a copy of this letter too?
It takes a few months, but you should receive an email with next steps – to gather documents and prepare for the interview at the US embassy where you husband is located. Take care, Jason
Dear Fary,
Did you make a petition for expedited or you got approved on normal processing…?
Thanks,
Samuel
Normal
I didn’t request for expedite
Hi Jason,
I have a question for your Jason and we will appreciate your opinion.
A friend came on a tourist visa and applied for asylum back in 2016, then applied for his EAD card after 180 days. Couple of months after that the situation change for my friend and he went back to his country. Since then he has being doing fine, now this time he wants to apply again for a US visa just for visit. Does he has a chance to get another US visa or since he applied once asylum he will be automatically denied. Thank you
He will not be automatically denied, but if he is applying for a tourist or student visa (which requires that he does not have an intent to stay permanently in the US), it is much more likely that he will be denied, since he already filed for asylum once. Also, if he did not previously withdraw his asylum case, he should do that. To withdraw, he should contact the local asylum office that has his case and ask to withdraw. They will explain what to do. He can find their contact info if he follows the link at right called Asylum Office Locator. Take care, Jason
Hi Jason you are really a God sent. You have no idea how much this blog helped me. God richly bless you.
Please I need help regarding AOR (Affidavit of relationship) my mother’s life is really in danger, still because of my escape.
WILL they require a bank statement To file AOR. I really don’t earn much.
How do I go through this, any advice please.
Thank you .
I am not quite sure what you mean – if this is because you do not have a birth certificate and you want to prove your relationship with your mother, Catholic Charities in Maine has an information sheet about that (https://www.ccmaine.org/docs/Refugee%20Immigration%20Services/RIS-AOR-brochure.pdf). Maybe they or another Catholic Charities office can help you (most major cities have a branch of this charity). I have not done that form, but I do not see why a bank statement would be needed. Take care, Jason
Dear Jason
What I meant on the above question was how to bring other relatives who are not on i730, like parents. I730 helps only for immediate family members excluding parents.
Jason for the past years my mother has been in hiding because she’s being persecuted, since my escape.
1)Can I file AOR without a bank statement?
2) it is something i can do by myself?
I didn’t have to hire a lawyer on my case since i didn’t have the money.
Please let me know how this goes.
Thank you.
You can only petition for your mother if you are a US citizen. Otherwise, she needs to get a visa on her own – through tourism, work, education, DV lottery, etc. As for AOR, I do not know about that, as I have not done such a case, but maybe Catholic Charities can assist. They charge very little or nothing, so it is worth reaching out to them to see if they can help. Take care, Jason
Hi Jason ,
I had interview today at Newark asylum office . I I could not predict the result from the officer face .
Question
1. When did you say the interview went well ?
2. The officer told they will send the result by mail ? Does this means something In Newark? Because I have seen people told to come and pick the result with in 15 days
If you dont mind what was your timline . And how was your interview. How many days before interview you got notice . Please share your experience Best of luck for your positive result
Timeline
MAY 2016– i-589 submitted
OCT 2019 – expedite request
DEC 12 2019- interview notice
JAN 06 2020- Conduct interview
right now i am Waiting the result .
The interview took over 2 hours , I could not say how the interview went. I was asked to elaborate some staff. i will give update to this community when i heard the result .
1 – There is no general answer to this. If you think the officer believed you, and was not asking a lot of questions like, “Government records indicate X, but you said Y” or “Why did you say X previously and now you are saying Y” then maybe that is a positive sign. 2 – It means they are not able to make a decision in 2 weeks. That is not a good or bad sign in terms of the decision. It could relate to the security background checks or to the asylum officer’s schedule, or something else. NJ is generally pretty good about getting cases done, so hopefully you will have a positive result soon. Good luck, Jason
I had my interview in Newark in 2018,I was referred to court and my final hearing is March. The interviewer asked me govt record says x and I’m saying y and this really gets me worried as what the court outcome will be and what’s best to do if a question like that occurs again.
If you cannot get the government records, you should try to remember what the interviewer told you, and think of how you can explain the discrepancy. It is a good idea to have a lawyer for a court case, if you can do it, and maybe the lawyer can help with this, but if you know what the issue is, you should try to explain it and provide evidence about it. You might also try to do a Freedom of Information Act request (form G-639, available at http://www.uscis.gov), but it will be difficult to get the results prior to March. Take care, Jason
Hi Jason
I received my work permit card, This is the second time I am renewing it.
Will I get another social security card for this work permit or can i use my existing social security that I received intially when I first filed for work permit cards and you tick that box on the application for them to send it to us.
I am just worried as I am not sure.
Also do you know how long it take to send work permit cards, in case they ask for additional evidence and have a deadline set for it March 2020. We already sent the evidence requested just wondering how long we should wait for the card to come through.
Thank you
Kayra
You use the same SS card as before. I do not understand the second question, sorry, but normally, after you respond to a request for evidence, the process the case pretty quickly. Take care, Jason
Thank you Jason you did reply to what i have asked. May God Bless you!
Have a great day ! and Thank you so much for helping all of us.
Hi Jason,
Soon i will be submitting my I-485 for me and my wife based on Asylum approval, first year we came here i had mass health insurance for me and my wife ( as i had no income during the first year) – so when answering the benefits question – i will include a cover letter explaining this situation – my question do i have to include any records from the Mass health insurance to show the dates my family was cover by their insurance ? Or do you recommend any other documentation to cover this area?
If you are an asylee, the public charge rules do not apply to you, so it is not really relevant. Nevertheless, you have to check the correct boxes on the forms and you should probably include the info you mention. As long as you are truthful about it, it should have no effect on your applications. Take care, Jason
Hi JASON,
Hope your doing good.
Thanks for your effort to help us.
i wanted to send my I-485 form, i got my asylum thru religious .
I have doubts while filling the I-485 form for the following question.
1) Part-8 question no-26 : Have you Ever committed a crime of any kind ( even if you were not arrested ,
Cited , charged with, or tried for that crime)?. YES / NO.
2) Part-8 question no-27 : Have you Ever pled guilty to or been convicted of a crime of offense (Even if the
violation was subsequently expunged or sealed by a court ) ? YES / NO.
3) Part-8 question no-28 : Have you Ever been ordered punished by a judge or had conditions imposed on
you that restrained your liberty ( Such as sentence , Suspended sentence) YES / NO.
In 2017 i got reckless ticket in Virginia but i hold other state driver license and i feel guilty and i paid the
fine amount to the court and still its shows in my driving record.Then my driver license has been
suspended for 60 days . Now the above question is applicable to me in anyway.
please help me on this.
Thanks in advance for your hep and support.
I do not know, but if you want to be safe, you can answer each question how you think best, circle the question, and write “See cover letter.” In the cover letter, you can explain about the ticket (and include a copy of the ticket and the disposition (outcome) of that case. That way, USCIS cannot accuse you of lying or hiding anything. My guess is that this will be fine, but you are better off telling them now than risking a problem later when you try to naturalize. Take care, Jason
A friend of mine got referrered to court and decided to change her lawyer. The new lawyer she changed to said she would have been approved because she has a strong case but the first lawyer who helped her has a bad record that’s why she was denied.
Jason, pls is it possible to be denied because of the previous lawyers record and how possible is it that this new lawyer is saying the truth? She’s worried and I’m also because I’m also using the previous lawyer and my case was referred to court for March this year.
Thanks for all you do Jason. God bless you
And you trust a lawyer that runs his/her mouth like that?
I will find a lawyer that is more professional.
Just saying.
Lawyers like to say bad things about other lawyers, so you have to take that with a grain of salt. I doubt someone would lose a case because the lawyer has a bad reputation (maybe if the reputation is that the lawyer commits fraud, it could cause the government to deny a case, but short of that, the case would be evaluated on its merits). More common, the lawyer just does a poor job and so the person loses her case. I did a post discussing what a good lawyer should do for you on March 2, 2016 – maybe that would help you evaluate whether your lawyer is doing a good job or not. Take care, Jason
“How Much Should I Pay for an Asylum Lawyer?
January 10, 2018“
I think date is misprinted on this article. I just read this and thought to share here.
Thank you – maybe I modified it on that date, but it should still come up if you search the March 2016 articles. Take care, Jason
Hello Jason.
My wife, who is my dependent on my asylum case, wants to apply for asylum in Canada but there has been a recent change in asylum laws in Canada. According to the new law, a person who has already applied for asylum in USA is not eligible to apply for asylum in Canada. Legally speaking, is a dependent on an asylum case is an asylum seeker or not?
A dependent is an asylum seeker, but I do not know how they would view such a person under Canadian law. Maybe contact a lawyer in Canada to see whether there is any way for her to apply. I would figure this out before she tries to go to Canada, as attempting to enter Canada does sometimes result in people being returned to the US, and then being detained in the US, so she should be careful. Take care, Jason
Hello Jason and all my fellow asylum seekers, I wanted to update everyone on my journey, and I wanted anyone to help me understand what the latest update says
Applied for Asylum in Nov 2017
Received Receipt in Nov 2017
Requested short notice in Nov 2019
Got Called for Interview in Dec 2019
Received Recommended Approval Dec 2019
Status got updated on USCIS website to Fees were waived on Jan 3, 2020 ??? Which I do not know what that means ?
Can someone help me understand what that means ?
Thank you all and God bless you all !
Hello asylumwing
Congrats it seems like a good news.
Can u please share the time between your recommended aproval and the fees waived and office you applied
Really appreciate it
Thanks
Hello @desperate, Thank You ! I really hope it is ! I have never been so excited for the mailman more than ever ! The I received my recommended approval on Dec 19 and the Fees Waiver on Jan 3rd. It was in the SF office. Thanks and best of luck !
People say that this means the final decision has been issued, but I think you have to wait for the decision. The fact that you got RA is very good news, and hopefully, you will have the final decision soon. Take care, Jason
Hi Jason,
I have several friends waiting for results after interviewing with an asylum officer. They all have been recommended for approval. Nevertheless some have waited over 2 years. It’s there anything to do to help the situation? Please advise.
Thanks.
They can contact the asylum office to inquire – you can find their contact info if you follow the link at right called Asylum Office Locator. They can also try the USCIS Ombudsman – a link is also at right. They can sometimes help with delayed cases. If all else fails, they can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Dear Jason,
I applied i730 on July 2019, December I requested expedited but request not approved. The mail from uscis confirms my request not met requirement but, they say my case currently is on que for interview schedule. Should I wait it or contact my Congress. What is the process to contact congress representative ? Do I need to submit documents to the congress man?
Thanks
Sambod
Hi sambod
Which state did you apply for I 730 ?
I am also waiting for my interview
Dear RP,
I am in Maryland
Usually, you contact the Congress person by email – there are links at right to the House and Senate. Once you contact them, they will tell you what to do. They are sometimes helpful, so it is worth a try. Take care, Jason
Jason,
On the uscis letter they confirm me my case current status is queue for interview schedule and will send me the date and place of interview, what does that mean ? Did they review the case already ? My family lives abroad.
Thanks,
Sambod
The asylum receipts? If so, that sounds normal – they will send you a letter when it is time for the interview. They will review your case at that time. Take care, Jason
Hello Jason,
My home country passport expires. My case is pending on immigration court. Like to know is it a good idea to re-new the passport?
Thank you
Samir
In general, it is better to not renew – the judge may wonder why your home country, which wants to persecute you, would renew your passport. If you do not fear your home government, this is easier to explain, but regardless of who you fear, you may need to explain the fact that you renewed your passport. If there is a good explanation, renewing the passport would usually not negatively impact the case, but it very much depends on the case. Take care, Jason
Hey Jasón , I received a recommended Approval over two months ago , my background check is ready and my case is not in headquarters , why the hell are they still taking forever to send a final decision ? Do they just love to procrastinate cases for eternity ? It seems to me like that is their kink . Makes no sense my case has been peding for 5 years … :/ thanks
You may be right, but usually there is some sort of reason. You can email them and inquire – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason, what is the process of expediting a decision. Is it by email or mail or special form?
Also, are asylum applicants allowed to renew passports that have expired?
We do that by email – there is no form, at least for the asylum offices where I work. Applicants can renew their passports, but that potentially could have a negative effect – the US government might wonder why the home government would renew a passport for someone it wants to persecute. If the persecutor is a terrorist group or other non-government actor, this should be much less of a problem. Take care, Jason
Hi Jason,
Can Pending Asylum applicant file I-601A to make sure his re-entry in USA after getting immigration visa?
Thanks,
In general, I guess so, but it would depend on the case and I think you would want to discuss that with a lawyer. Take care, Jason
To be on short list, do I need any reason from the ones which are required to expedite interview? My jurisdiction office is Houston TX.
I do not know the policy about that in TX, but you can email them and ask – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Is it advisable to have Travel Documents on hand. Do I have to travel if I request travel documents? Is there any validity on travel docs? Thanks for your feedback on this, Jason!
Different travel documents have different periods of validity – usually one or two years. You do not have to travel if you request such a document. Take care, Jason
Hi Jason,
I hope you are doing good! HNY!
I came here in F1 student visa and after taking some semester, my family and myself are not able to afford the tuition fee. In the mean time, I met a US citizen person who is originally from the same place I am from. We are planning to get married soon. However, I am not able to pay for next semester tuition fee. My questions are:
1. What is the option I have if I am not able to pat for my tuition?
2. If I withdraw, will that make me loose my F1 visa status?
3. If withdrawal from school make me loose my F1 visa status and if my husband-to-be submit adjustment of status with in the next three to five months, will it be impacted by the fact that I have lost my F1 visa status?
4. What is you over all advice for my situation?
Thank you so much Jason, this is extremely important for me and my God bless you for helping me in this very critical moment.
Best regards,
Mercy
I generally can only answer questions here about asylum, but if you marry a US citizen, you are probably eligible to “adjust status” and get your GC in the US. It would not matter if you left school and lost your F-1 status, as long as you initially entered the US legally. There are exceptions to the general rule, and I suggest you talk to a lawyer to make sure there are no issues, but based on what you wrote, I would expect that you are eligible to marry and get your GC. Take care, Jason
Thank you so much Jason, God bless you!
Hi Jason,
I was wondering how things are moving along at the Arlington Asylum office. Have they been able to keep up with new applications in the last few months? Do you see any trends with regards to the number of active asylum officers working in the Arlington office?
Thanks, and happy new year
Things are still the same (very slow). However, I have heard rumors that I think are true that things will be speeding up dramatically very soon – maybe in the next month or two. We shall see. Take care, Jason
I hope those rumors are true. Been waiting for a decision for 2 years.
Hi Jason,
Do you think this would include issuing after asylum interview decision?
Thanks,
Regards,
I did not hear specifically about that, but I guess if more resources are sent to an asylum office, they should be able to do everything faster. We shall see. Take care, Jason
Thank you so much for your response. Could you please elaborate a bit on the rumors? Who is the source? Why are they expecting the boost (New officers?, less border cases? etc.)?
Thank you for being such a force for good in the Trump age.
I cannot elaborate, but the sources are credible and I expect that it is true. Hopefully, we will have some more formal news soon. Take care, Jason
Fully understood.
Thank you so much for sharing it with us.
God Bless
Hi Jason,
Is speeding up relevant only to Arlington office or all offices in general?
I have only heard a rumor about Arlington – I expect that if one office gets faster, other offices will get slower, as there are only so many officers to go around. Take care, Jason
Hi Jason, thank you for helping us all.
1. It’s been more than a year since my interview at SF office and still no decision. Will hiring a lawyer now to represent my case have any influence on speeding the decision making process?
2. I have also worked using Asylum EAD in 2019, does that violate my current status (F1)?
Please let me know.
1 – Before you do that, email them to inquire about the case – you can find their email if you follow the link at right called Asylum Office Locator. Also, you can try the USCIS Ombudsman, a link is also at right and they sometimes help with delayed cases. Finally, if that all fails, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. I think a lawyer is not so helpful in your situation, but there is no harm in hiring one if you feel better about that. Also, the lawyer would be helpful if you do a mandamus case. 2 – There seems to be debate about that, and I am not sure. As far as I know, USCIS will consider you in status unless your asylum case is denied, and in that case, you will be referred to court, but I am not sure about that either, as USCIS has not made this clear (as far as I know). If it matters (if, for instance, you are trying to change to a new status), you might hire a lawyer to research this question. Take care, Jason
Hi Jason,
Happy New Year! I am waiting for my I589 interview since 2015 November. I went to Newark office 2 times , 3 months ago and submitted for Short Notice. They said I am on the list. I haven’t heard anything from them. I am so frustrated don’t know how long is going to take to get my interview. My EAD card expires January 29-2020. I already submitted for renewal. This will be my 3rd EAD card since I applied for asylum. I want to ask you something. My boyfriend has a wine importer company in US. I-1 visa for 5 years. He is from Italy. But his company is in US. I am just so tired waiting. If we get married anytime soon can I travel or get 5 years visa from the marriage status? Is that possible that I am in US since 4 years and apply for I-1 marriage status? Also do I need to withdraw my I589 case if I process my bf’s visa? I started looking for other solutions. I am so tired waiting i would like to face with the reality and move forward. If i know the time i would like wait but there is no timeline! Please give me an advice. Is it worth the wait for my interview, if it takes another 2-3 years? Or i can apply with I-1 visa with marriage status?
Thank you Jason!
1,501 days waiting for USCIS to grant an interview… No updates, No Interview Bulletin, NO INFORMATION at all… how is this possible? Someone MUST do something about this Asylum backlog! At least we deserve to know when?
I agree – unfortunately, they are becoming less transparent, not more. I guess we will hope for some improvements in the new year. Take care, Jason
The NJ office has been pretty quick, but I do not know how long the short list takes. If you have a basis to expedite, you might try that – I wrote about expediting on March 30, 2017. I do not know about the I-1 visa (I thought the I visa was for foreign journalists), but unless you are lawfully here on some status (besides asylum pending), you would have to leave the US to get a new status, such as I-1 (or maybe I-2, as a dependent). I do not know if you would be granted such a status given that you have a pending asylum case (or even if you withdraw the case, I do not know that they would issue you a non-immigrant visa). It is somewhat different than your situation, but I wrote a post on August 28, 2018 that might help (it is more about getting a GC than getting a non-immigrant visa, but the principle is basically the same). Finally, if travel is the main issue, you might apply for Advance Parole – I wrote about that on September 11, 2017. Take care, Jason
Dear Jason,
Wish you a very happy and prosperous new yea 2020! I am very grateful for all your support throughout the year. IJ granted an asylum In Aug 2019 and I filed i730 for my child and Spouse in Dec.2, 2019 and received the receipt on 12th Dec.2019. My asylum interview got expedited based on my child critical medical condition upon providing letter from his Doctor. The situtation is getting worst, is there anyway I can request for expedited I-730 processing now?
My child is 8 year old and I cannot travel, can I request to process my Sposue -I-730 to be epedited along with my child.
Thank you a million for all your helps.
I think you can request to expedite both. Since you have already filed, you probably should call USCIS at 800-375-5283 and try to talk to someone about the case. You can also submit evidence (like medical documents) by mail. Finally, you may want to seek help from your Congress person – there are links at right to the House and Senate, and you can find your Congress person there – those offices can sometimes be quite helpful. Take care, Jason
Hey Asylee
I got exactly same situation with you. Got my asylum approval in September 2019 and applied I-730 for my wife and kids in November. I got my asylum interview as well as a quick decision by requesting an expedite. Again, I applied for an expedite for I-730 through Congress man using the same scenario and got my approval yesterday. I encourage you to try. Jason, on the way I got a question for you. What is the next step after I got an approval notice for I-730? When will be the potential time frame for a visa interview at the embassy of where my family lives. Thanks a lot!
Dear Asylee, Good to hear you have got the approval. I also applied i730 on July 2019, requested expedited but request not approved. Today I got the mail from uscis confirming my request not met requirement but, they say my case currently is on que for interview schedule. Should I wait it or contact my Congress. What is the process to contact congress representative ? Do I need to submit documents to the congress man?
Thanks
Sambod
If your family is overseas, the case will be forwarded to the US embassy. Wait times vary a lot by country and by case, so there is no way to know, but it would be at least a few months. The manual mentioned about may have some more specific info about this, but it really depends on the embassy – some are faster than others. Take care, Jason
Happy New Year Jason.
I do have a pending GC (I-485) application based on a granted asylum. I am filing for my EAD renewal. How early can I apply for renewal. My current EAD expires on 4/17/2020.
Thank you
Mike
You can renew up to 180 days early, so you can do that now. Take care, Jason
Hi Jason, thanks for the great work you are doing here. I have been waiting for receipt notice since Nov 12th and the receipt notice is yet to come till now. Is it possible to call USCIS office for enquiry even without any reference number? Also, if your application is filed by a lawyer as a representative, is it possible to change your lawyer even if you are yet to get the receipt notice for your case?
Thanks and Happy New Year to you and this great community.
Receipts are coming slowly due to some changes in USCIS policy (plus the holidays), so you might wait a few more weeks. You can also try calling USCIS at 800-375-5283 to inquire. If you can reach a person, they may be able to tell you if the case was received. Both you and your lawyer should receive a receipt. As for the lawyer, you can change at any time, but as a practical matter, it is better to change once you have the receipt and then the new lawyer enters his appearance at the local asylum office. Take care, Jason
Happy New Year Jason. I have been waiting for a decision for my interview i did two years ago but now my father is sick and i want to apply for a travel document to go to a third country to see my dad. Will i be able to return if i am granted the travel document? I am scared to leave without a decision made in my case but i want to see my dad.
You would apply for Advance Parole – I wrote about that on September 11, 2017. USCIS does not always grant it (you have to give a good reason – and you have one, but you need to provide some evidence about that). Once you have AP, you can return to the US as long as the AP is valid. I have never heard of anyone being refused entry. You might also contact the asylum office, explain the problem, and ask for an expedited decision. You can find their contact info if you follow the link at right called Asylum Office Locator. Be aware that if the decision is negative and you are referred to court, you will not be able to travel, even with AP. Take care, Jason
Thanks Jason. But what happens if the decision is negative and I am out of the country with AP. Can I re-enter?
I do not know for sure, as I have never seen that. My guess is that you will be able to return, but if that happens, you should return immediately. With the AP, you will be able to get on the plane, and so the worst case is that they would try to refuse you entry upon arrival – if that happens, you can then claim asylum at the airport, which will likely result in you being detained, at least for a time, but you should be able to present your case to the court. One exception here is that in some places, like Dubai and Canada, the US inspection is “in country” and so you should avoid places like that, as you could be turned away at the inspection point, which is in a foreign country, and they you will not be able to get back to the US. Take care, Jason
Also, I left out the fact that the third country I am trying to go see my dad is a neighboring country to where I fled. Does it matter? Or will I be denied reentry for going to a neighboring country?
That would have no effect, as long as it is not the home country. Take care, Jason
Happy New Year to all. Jason, thank you very much for writing this blog and answering our questions.
Do you know if USCIS will publish statistics any time soon? Had anyone here applied in NY in 2017 and got interview? Not knowing anything just kills me(((
I do not know. They canceled the stakeholder meeting and have not said anything since. Local liaison meetings are still occurring, at least in my local office (Virginia), and so if I learn anything, I will try to post it here. Take care, Jason
Jason,
Do you have a sense of low long it takes to get a green card based on asylum granted?
I saw the average wait time for the Nebraska and Texas offices (my understanding that these two offices mainly handle such cases) on uscis.gov, and the range is pretty wide. Some people on other websites have received in less than six months (Nebraska), while others wait for 1.5 years (Texas).
And the second question: does it depend on my home state which office my case will be assigned to? I’m in New York if it helps. Does it go to Nebraska by default?
The range is very wide, and we have seen that in practice. Sometimes, it takes maybe 6 or 8 months; other cases seem to be taking about 2 years. Why one case is faster than another, I do not know, and it does not seem predictable to me. As for the mailing address and the office that processes the case, it depends on where you live – you have to check the mailing addresses for the I-485. Take care, Jason
and This is is called the invisible barriers. This administration is going out of their ways to make life harder for immigrants. No doubt. It feels as though they are putting people’s lives in slow motion and in certain instances literally make you feel unwelcome. It’s no longer a matter of doing it the right “legal” way. It’s a cruel tactic but not surprising when you look at who is in charge. There’s a real danger in treating people’s lives as though they’re statistics. Thank God there are still people like Jason who give hope to so many out there . Happy new year. All the best.
That is exactly what they are doing – using the bureaucracy, which is supposed to facilitate the law, as a weapon to prevent people from exercising their rights under the law. We will hope for – and work for – better in the new year. Take care, Jason
So is there anyway we can help with this ? I completely agree with what CORDI said…So I guess the most effective way is vote out this person in the office. Is there anyway I can engage in the effort to defeat him in the 2020 election ? What should I do ? and which candidates should I support ? And how do I get/convince enough people to go to the polling station to for the Democratic Party ?
There are lots of opportunities to volunteer for candidates and in other realms (remember, though, that if a non-US citizen tries to vote, that is a deportable offense). You can reach out to the candidate of your choice to volunteer, but you may want to wait until we know who the nominee is, but that is up to you. I do think engaging and encouraging people to vote – especially in swing states – is very important. Take care, Jason
Jason,
Wishing you a brand new year full of joy, laughter and lots of fun. Thanks for helping the community!
Happy New Year 2020 !
Thank you – Happy New Year to you too, Jason
Hello Jason,
Please can you help me with links/webpage/resources to read more about Immigration Judges and their ‘decision leaning/pattern’. I’m particular about knowing more Judge Elizabeth Lang- Chicago immigration court.
Thank you for been there always.
The only website I know that lists judges and their grant rates for asylum cases is TRAC Immigration. If the judge is new, she will not be listed there. You can probably Google her and find her profile on the EOIR website, but that will not give you much insight into her. You can also call the Immigration Court – a link to the court’s website and phone number is at right – and ask when she has a Master Calendar Hearing. You can sit in and watch that (it is open to the public). Finally, you can just ask around – to lawyers and non-profits who practice in that court. Take care, Jason
Lol despair can make us imagine unimaginable matters . Oh God have mercy
Hi Jason
I recall you saying that I-589 required N/A for fields which doesn’t have/require answer.
Is it same for I-765 as well?
Do I have to write N/A for all empty field in I765 application?
It would not hurt to do that on form I-765, but we have not seen rejections or other problems for people who fail to write N/A on the I-765. Take care, Jason
Hello Jason, its been more than one month since i sent the I-131 for both my wife an I for travel document application based on asylum approval ( first RTD), and i didnt even get a receipt number i called uscis on friday they didnt see any receipt number for RTD under my A number. Do you think resubmission the form could hurt or do you think that’s a normal wait for a travel document receipt number – please advise.
Now a days everything is slow. Even USPS is slow in delivering the mails.
I think when you call USCIS, you cannot use your A number to track others application. Your spouse and kid should have their own A number. You need to give their A number, Even after if they cannot see their petition then I’m not sure what should be done.
I hope everything gets better
Do you mean that you did not get a receipt? USCIS has been slow lately, and the holidays make it even slower. I would give them a few more weeks and hopefully, you will receive the receipt. Take care, Jason
Hi Jason,
Early today,I only received a rejection notice for my wife first RTD application saying it was rejected due to incorrect fees – though we expressly answered check the box “NO” answering the question if you ever hold a travel document – i haven’t received any notice for my application.
So my question is my wife required to submit the fees for the first RTD since she was not the main applicant in my Asylum case , if no, can you please suggest how should i respond to the rejection notice.
Regards,
As far as I know, she has to pay the fee for the RTD. Check the instructions, but I think the fee is $220. I do not know whether you can get a fee waiver for that – form I-912 is for fee waivers, and it should tell you which fees can be waiver (it is available at http://www.uscis.gov). Take care, Jason
Hi Jason,
I have a pending asylum case, waiting for my decision. I applied after 1 year but I had been in status till the time of application and my case is strong. Wanted to know your thoughts. Have you seen any application approving recently, despite applying after one year?
You should be fine. 1 year bar should not apply to you since you were in status and that counts as an extra-oridinary situation. Rest depends on your case, evidence, country report and your testimony.
If you were in status the whole time, that is an exception to the one year bar. We have never had a case denied for the one-year bar where the person was lawfully present up until the time asylum was filed. We have had many such cases approved over the years, including pretty recently, if I remember correctly. Take care, Jason
Hi Jason,
I hope you had a nice holiday seasons. I have a couple inquiries regarding change of venue. Currently my individual hearing is scheduled for summer 2020 and I’m planning to move to another state in spring 2020. Would it be feasible to apply for change of venue, even though the hearing is in the coming 5 months? Also, according to TRAC info my current city and Arlington has roughly the same wait time, 2019 for 400+days and 2020 for 500+days. So, if I’m granted a change of venue, what would be my wait time for the individual hearing? Would my new hearing be in summer 2020 or 500+ days from the new master calendar hearing? Thank you in advance for your helpful insight and wishing you & your family a Happy New Year!
You could try to change venue. Whether the judge will allow that, I do not know. If venue is changed, you will have a new judge in the new location, and you can expect to start the wait all over again – usually this involves a new Master Calendar Hearing and a new trial date. The judge may deny the change of venue if he thinks you are trying to deliberately delay the case. Take care, Jason
Hi Jason,
Let is assume that an individual enters the US with J-2 visa status (two years home residency requirement). After the asylum case for the principal asylee gets approved and this J-2 also receives asylum through principal as a derivative. Do you think over stay and violation of J-2 requirement will cause any problem for J-2 ( with approved I-730) while applying for GC?
If a person wins asylum as a principal or a derivative, the 2-year home residency requirement is eliminated, and so you do not need to worry about it. There is a specific regulation from the Code of Federal Regulations that says this, but I forget what it is. Maybe you can Google around for it and find it. Take care, Jason
Not to be a downer or anything, but your attempts of using the pronoun she to try and “mix it up” is kind of sexist in a way. This article makes it sound like a male usually seeks asylum, then petitions the female. It also assumes that the couple is heterosexual. Pronouns that are more neutral are they and them. These pronouns could refer to a single person or a group of people, without assuming anyone’s gender.
Happy new year!
As Daffy Duck says, “Pronoun trouble!” I have thought about using they and them, but I am not there yet. Maybe in 2020. Take care, Jason
Hello jason
My little daughter was born after I granted my asylum case and my wife’s I-730 application (outside US) is still Pending for more than 14 months now. My question is how can I apply for my daughter ?
Thank you
You can – the manual discussed above covers the situation where a child was born after asylum was granted. If you are not sure, talk to a lawyer for help with that, but the child should be able to come to the US with her mother. Take care, Jason
The link is broken
Hi Jason,
First and foremost, I want to thank you for all the things that you are doing to inform asylum seekers in the US. I have a question related to this post. I have been granted asylum this year. My wife and my son came to visit me on a B-2 and I am thinking to apply for I-730. My question is, will be they be able to stay until their petition is approved even after their B-2 is expired? Or what benefits does it have for me to apply the petition (I-730) while they are still in the US?
Happy New Year,
Thanks
Elias
Hi Elias
Can you share how your wife got a visitor’s visa while you are pending asylum ? Because they think you’re wife would stay rather than return.
Thanks
H
If they are physically in the US, you can file an I-730 for each person, and they can stay here and obtain their asylum status, even if the B-2 period of lawful stay expires. The main advantage is that this is easier than having them leave the US and then do the consular processing, which can take a long time. While they are waiting for the I-730 approval, there are no benefits and they cannot get a work permit (until the I-730 is approved). Take care, Jason
Thank you again Jason. I have two follow up questions. 1) Can I expedite I-730 after applying for them (they are already in the US)? 2) Can I apply for extension of their B2 after applying the I-730?
Thanks,
Elias
1 – You can try. Call USCIS at 800-375-5283, try to reach a person, and ask. Also, you can send a letter with a copy of the receipt (to the return address on the street) explaining why you need to expedite and providing any evidence about that. 2 – I do not think that is a good idea. To extend the B2, you have to promise to leave the US, and they cannot make such a promise if they have filed an I-730. Also, it does not really help them in any way. If the I-730 is pending, they can stay here until it is adjudicated. Take care, Jason
Thank you so much Jason. Your blog has been super helpful though out my immigration journey in the US so far. One more thing, the link for the I-730 manual is broken. Here is a link that work https://cliniclegal.org/resources/asylum-and-refugee-law/i-730-refugeeasylee-family-reunification-practice-manual.
Regards,
Elias
Thank you, Jason
hi Jason happy holidays,
i am married and have 1 child , i applied asylum before 4 years ago and still pending. now my wife was very scared at my country and applied and got B2 visa and she is now living with me . its been 5 months and what is the procedure how can i notify uscis about her or how can i process her EAD and all the benefit . please if you can tell me step by step it would be helpful for me
Hi Addisalem
Can you please share how your wife was able to get a visitor’s visa while you were pending asylum ? Because my understanding is that the officer will think the spouse will not return, and hence deny the visa.
Thanks
H
dear ASYLUM SEEKER , she applied for visiting but they never asked her about me she has some families here. if they ask she will tell the truth other wise she said nothing just normal interview.
You have to add her (and your child, if you want) to your asylum case. Once they are added, they can apply for their own EADs. If you contact the local asylum office, where your case is pending, they should be able to give you instructions to add a dependent. You can find their contact info if you follow the link at right called Asylum Office Locator. The problem is that they often screw up while trying to add the dependent, and so you may have to follow up with them (repeatedly) to get them to add the dependents, but they should be able to tell you what you need to add the dependent. Take care, Jason
thank you Jason
Thank you Jason for all the answers. I have one final questions. What happens if the person who is waiting for I-730 to be approved wanted to travel outside the US and come? Will that be possible?
Regards,
Elias
I do not know whether you can get Advance Parole while an I-730 is pending. You can check the instructions to form I-131, available at http://www.uscis.gov, which is the Advance Parole form. If not, you could leave the US, and process the I-730 overseas. In general, this is a bad idea, as you cannot really know how long the I-730 process will take and there is no guarantee of returning here. But if you have to travel, it should work. Talk to a lawyer before you do that, to try to understand the risk in your specific case and if there are any obstacles to returning. Take care, Jason
Hi Jason, Thank you for your dedication to all things related to asylum. I would love to hear your opinion on this, I am of the view that any Permanent Resident who has received such status through asylum must use a U.S. Refugee Travel Document (Form I-571) for international travel until one becomes a naturalized U.S. citizen, and hence not allowed to use the passport of ones nationality. I look forward to hearing your response on this! Thanks as usual!
That is the safer approach. Many people use their passports anyway – either because the country that they visit does not accept the RTD or because the RTD is not very convenient (you have to wait maybe 6 months to get it and it is only valid for one year). I have not heard about such people losing their asylum status or being put into proceedings, though sometimes, they are questioned about using the passport when they return to the US or at the naturalization interview. These days, the government is very vicious, though, and it is safer to use the RTD and not use your passport, if possible. Take care, Jason
Hey asylee, I applied for my RTD since July 22nd , last Tuesday I received the approval letter saying that I will receive the document separately but till now I did not receive it. I just wanna know if anyone already faced that kind of issue.
It sometimes takes a week or two to get a document once USCIS approves the case, so hopefully, you will have it soon. Take care, Jason
Hi Jason,
Does public charge rule apply to the applicant and her dependent with a pending asylum case?
The public charge rule does not apply to asylum seekers or asylees. I wrote about that on September 24, 2018 (when it was a proposed rule). Take care, Jason
thanks. It really . helps.
Thank you.
Hi Jason. I am Asylee. I applied for my GC after one year period and also applied i131. I was thinking that it will be Refugee Travel Document Book like a passport shame but i received a paper i512L Aurhorization of Payroll of a allien into united states. But i want Refugee Travel Document like a passport book. Plz guide me that: 1. Which is exact form for RTD, i want to fill it. 2. How much is fees? 3. Can i submit copy of that issued Entry payroll too? Plz guide.
1 – It is form I-131, but that form is used for different things. You have to complete the parts for the RTD. I do not quite understand what you received – it sounds like Advance Parole, which is not really appropriate for someone with asylum, so I think you may want to re-apply for the RTD. 2 – Check the USCIS website to be sure, but I think the fee for the RTD is $220. 3 – I do not understand this question. Take care, Jason
To add to that , u can file the 131 form for free if you paid for your adjustment of status application and it is pending
If you file both (I-485 and I-131) at the same time, you do not have to pay extra for the I-131. USCIS should accept the I-485 receipt in lieu of payment, but they do not always (even though they should). You can try to use the receipt in lieu of payment. If you do that, provide a clear explanation about what you are doing. Even so, be prepared for a rejected if they do not follow the rule. Hopefully, that will not happen, but if it does, you can re-send the I-131 with the fee. Take care, Jason
My 3rd question is that when i fill form i131 for RTD, then with the application can i submit a photo copy of my issued Payroll document. Because by mistake they might issue again the same, because form i131! Is same for both. But i need RTD book in passport shape.
If you fill the correct part of the form, they should issue the RTD. I do not know that including the payment receipt from the old application would help, but maybe if you explain in a cover letter, you can include that. Take care, Jason
Hello Jason
If the beneficiary was in the States when I730 submitted to USCIS. However, due to urgent humanitarian issue, the beneficiary went abroad before i730 get approved. What the beneficiary should do now?
Will USCIS forward the I730 (via the National Visa Center) to the appropriate embassy eventhough when i730 was filed, it did not fill out any US embassy location?
Thank you so much for all your efforts and wish you a happy new year.
I would contact USCIS about this. You can call: 800-375-5283. Maybe do that first to see if you can talk to someone. Also, you can send a letter explaining the change – make sure to include a copy of the receipt and all receipt numbers. I think you should be able to make the switch, but it is best to take action sooner rather than later. Take care, Jason
Hi,
Are it relate to this link posted today, I am a Liberian seeking asylum since 2017. Am I eligible to apply also?
https://www.uscis.gov/news/alerts/uscis-begins-accepting-green-card-applications-under-liberian-refugee-immigration-fairness
As for my asylum case, I applied since 2017, I have had an interview scheduled since Aug 2019, and stay waiting for result.
What do you think I can do to apply of I am eligible due to the time set that one should have been in the USA to apply? Also how and where can I start from? Or do I have to wait for my case or close my case to apply for this? What are the problem I could encounter when I do apply? I am happy about this but thinking if I can take advantage base on the fact That I am also a refugee with a different case but from the same country and been in the USA since 2017.
Please advice me.
Thanks.
Are asylum applicant that are Liberians eligible to apply for this status? If so do they have to request closure of their Asylum application? Will this in anyway affect my result that I have been waiting for since August 2019?
https://www.uscis.gov/news/alerts/uscis-begins-accepting-green-card-applications-under-liberian-refugee-immigration-fairness
I really want to know what I can do about this.
Thanks, hope to hear from u Jason.
Talk to a lawyer to make sure you are eligible, but if you are eligible, you should be able to apply for this and keep your asylum case going as well. Take care, Jason
You have to check the requirements to see whether you are eligible. The link you provided lists the main requirements, and indicates that you apply using form I-485, available at http://www.uscis.gov. However, you should talk to a lawyer to make sure you are eligible, as the I-485 is expensive ($1225) and there is no sense wasting money on something if you are not eligible. An asylum case and an application for a GC should not interfere with each other, and so you can do both applications at the same time, if you want. As for the asylum case, you might want to contact the asylum office and inquire about the status of that case – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason
Thank you for the help of the asylum community. And I would to say appropriated. I do not have any word to thank you. Only I would like Appreciated!!
I am asylee and my family arrived before some weeks through this process from my country.
As usual I have some questions.
1. Do they need to apply for EAD? Or is it enough the EAD in their passport?
2. When will they apply for green card? Should they have to wait one year?
Lastly if you have any suggestions
Thank you
1 – Technically, an asylee does not need an EAD to work legally in the US, but it is best to have one, since employers really do not know the rules. Your family members probably completed a form I-765 as part of their process. If so, they should receive the EAD cards soon. If not, they should complete and submit them – the first EAD is free. 2 – They have to wait one year from the date they received their asylee status (usually, the date they entered the US). Remember that they need one full year inside the US. So if they leave for a 2 week vacation, they have to wait 1 year and 2 weeks before applying for the GC. Take care, Jason
Hi Jason,
I hope you are doing well.
I live in Maine and I am waiting for my interview since 4 years, I am not seeing any sign of progress but I have noticed lately families moving to Chicago area and once they changed the address, being interviewed less than 6 month. It’s no one or two but too many families I have known. I am not sure the reasoning behind but I do have a good job in Maine and I do not want to leave but lately I have been thinking of maybe moving my pending application to Chicago just to increase my chance of being interviewed. It came to my mind to change my mailing address maybe to Chicago and keep my physical address in Maine. is that possible?, could also provide the grant rate between Boston and Chicago in terms of USCIS and Court. Thank you and god bless you. 🙂
You would have to move there to be interviewed there. The problem is that the asylum division moves resources around, so a fast office today may not necessarily be fast in the future. So even if you move, it may not help. You may be better off trying to expedite the case – I wrote about that on March 30, 2017. I also did a post about comparative grant rates, but it is kind-of old. That was on February 25, 2016. Take care, Jason
Thanks, Jason, it is very useful for the friends who are waiting for their interviews or decisions without families here.