As you may have noticed, it’s 2020. I don’t have high hopes that this year will be any better than the last, at least in terms of immigration and asylum, but I do have some predictions for what to expect in the coming annum. While I am no Joan Quigley, I do expect that at least some of my prognostications will come true. If so, remember, you heard it here first. And now, without further ado, here are ten predictions for 2020–
1. All asylum grant letters will now feature a photo of Donald Trump giving you the finger.
2. Every 36 hours, USCIS will issue an updated version of form I-589. The new form will be exactly the same as the old form, except for the edition date. Old versions of the form will not be accepted.
3. Having re-written The New Collosus, Ken Cuccinelli will set to work on other popular pieces of Americana: America, the Beautiful will be changed to America the Brutal Is Full. Hail to the Chief becomes Sieg Heil to the Chief. And My Country Tis of Thee will become My country, Muslim free, Sweet land for whites only, Of thee I sing.
4. The Board of Immigration Appeals will be replaced by the 1985 Chicago Bears defense.
5. The abbreviation EAD will be changed from “Employment Authorization Document” to “Employment Americans Detest.” The new EAD will only allow non-citizens to work in jobs that Americans won’t do, such as picking watermelons, washing old people, and serving in the Trump Administration.
6. The Correction Corporation of America will issue a new child-friendly cage. Each cage will be equipped with a tin cup for drinking, a week’s supply of gruel, and a doll to play with–Oliver for boys and Annie for girls.
7. To better track aliens in the U.S., the Trump Administration will require all non-citizens to tattoo their A-number to their forearm.
8. Continuing a trend from last year, in 2020, I-589 forms will be rejected unless all boxes are filled. If there is no answer to a question, you must write “n/a”. If “n/a” is not written correctly, the form will be rejected. Incorrect versions of “n/a” include “N/a”, “n\a”, “NA”, and “n/a”.
9. The wait time for an asylum-pending EAD will be increased to one year. After sending the receipt, biometric letter, and approval letter to your correct address, USCIS will mail the card to the wrong address. After it is returned by the post office, you can re-file and start the process over again.
10. In 2020, the fee for asylum will be $50.00. But fear not. For those who do not have the money, the new form I-666 allows USCIS to harvest your organs in lieu of payment. You really didn’t need that extra kidney anyway, did you?
So that’s it. As you can see, it looks like 2020 is shaping up to be a banner year for immigrants and for us all. On the bright side, it’s already January 7th. That means we only have 359 days left to go…
Dear Jason,
How do I know about my asylum pending status for interview? I applied for asylum on December 2016.
thanks
You can enter your receipt number (which starts with a Z and then has two letters and a bunch of numbers) into the check case status at http://www.uscis.gov. This will at least tell you whether an interview is being scheduled. You will receive the interview notice by mail. Take care, Jason
Hi Jason,
I currently have a case pending for me and my son. My ex husband is insisting on a name change as we have done legitimacy.
I have asked him if we could wait till immigration process is done and we don’t have to change too much papery during case process.
Please advise
You can change your name in the middle of a case, though it is obviously easier to not do that. You can change your name with a US court where you live and then submit the name change to USCIS. It should work, and our clients have done that a few times, but it is a bit of a nuisance. Take care, Jason
Thank you, Jason.
Hi Jason,
I have waited for asylum interview since 2015,but there is no iterview yet. My husband is green card holder and he can apply for citizen in october 2020. I came here with valid visa.if country condition change and asylum office send me to court, can I asked to judge to postpone the hearing or give longer date for final hearing until my husband become citizen? with these crowd courts how much time does it take to get final hearing?is there any hope people like us get interview until the end 2020?
Thanks
My guess is that you will have plenty of time, as most courts are slow and take a few years. If you want to get started now, he can file the I-130 petition for you. That way (assuming it is approved), once he is a citizen, you can immediately file for your green card, either in court or while your case is pending at the asylum office. I wrote about this process on August 2, 2018. Take care, Jason
Hi Jason,
I have a question regarding diversity lottery.
If an asylee is waiting for Individual Hearing at court, and she/he won the diversity lottery before court day, she/he can change their status and apply for Green Card before court day?
Thank you in advance,
In the large majority of cases, that will not work. I wrote about this issue on October 5, 2015. But for the most part, people have to leave the US to take advantage of the lottery. Talk to a lawyer if you are not sure, but most likely, you cannot do it. Take care, Jason
Good time Jason,
If an asylee who is waiting for Individual Hearing at court, renews his passport, and applies for skilled worker program Canada, what happens if:
1- He got approval from Canada and wants to immigrate to Canada. Should he cancel his asylum case in the U.S. or just leave the country?
2- And if he leaves the U.S., he can come back at court day in U.S. or not?
3- If he can’t get approval from Canada before court day, is there any problem against him at court day because of renew his passport and applying for skilled worker program Canada?
Regards,
1 – If you can, try to get Voluntary Departure. That allows you to leave the US without a deportation order, which will make it easier for you to return one day if you want to. Also, whether or how a deport order would affect your Canadian immigration, I do not know (you might want to talk to a lawyer there), but it seems to me that if you can avoid the deportation order, that is better. 2 – That is not clear. Typically, if you have a court case and you just leave, you are considered deported and cannot come back. Talk to a lawyer before you do that (and ask about Voluntary Departure). 3 – If he has an asylum case and renews his passport, that could be considered a negative factor, especially if he fears his home government (why would the government that wants to harm him agree to renew his passport?). Take care, Jason
Thank you for your response.
Regarding your answer to # 3, you think is there anyway for an asylee in the U.S. to get approval from Canada Immigration base on skilled worker without renew an expired passport?
Also, could you advice me a good immigration lawyer in Canada who can be familiar with Asylum cases especially with Asylum in the U.S.? (I’m asking you because good lawyers know each other especially in the U.S. and Canada) 🙂
I do not know about Canadian immigration, so I cannot advise you about that (though I do not see why winning asylum in the US could block you from immigrating to Canada). Also, I do not know any lawyers in Canada to recommend, sorry. Take care, Jason
Thank you for your help Jason!
Just curious to know that
1.Can we file I-130 form before we are US Citizens ?
2. For example, a petitioner is a GC holder and files
I-130 for his/her spouse and gets the approval. Now the petitioner is a US Citizen, can he/she files GC for his/her wife and use the I-130 past approval or he/she has to apply for new I-130?
Yes, you can do that – file the I-130 while you have a GC and then once you are a citizen, use the same I-130 to benefit your spouse. And depending on the case, it is often a good idea, as it saves time. Of course, it depends on what exactly your and your spouse’s situation is, and if you are not sure, talk to a lawyer. Take care, Jason
Hey Jason, please how can I renew my driving license under the 180 days of extension? My driving license will expired tomorrow and I haven’t got the new one.
The DMV should renew it, and the receipt for the new EAD indicates that you old EAD is extended for 180 days. Sometimes, the DMVs do not know about the extension, so you may need to explain it or ask for a supervisor. Take care, Jason
Hi Jason,
I have an asylum decision pending for 17 months. I am planning to submit an expedite request, but I don’t know to which office I should sent the request. Is it the USCIS office or the local asylum office?
The local office – 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 your help.
My current case is I just came to USA with F-1 visa and want to apply to Asylum
is there any rule about to applying Asylum in terms of time frame. Can I apply now?
Or should I wait some time here and then apply? I don’t want to continue my school
it was the only way I could get visa to US.
Thank you and God bless you.
Best,
John
You should apply within the first year of arriving here; otherwise, you might not be eligible for asylum (I wrote about that on January 18, 2018). You may need to explain that you applied for the F visa only to escape harm in your country. There is a case about that called Matter of Pula. Basically, if you lied to get a visa, it will not block you from obtaining asylum, if the lie was necessary in order for you to escape from harm or death in your country. Take care, Jason
Hi Jason
Thank you for helping people!!
Have you heard anything about Changes in EAD card renewal for asylum seekers. There was policy change which was published on November 13 2019 and was open for comments till January 13.
Did it go for appeal to court ?
I am asking because I have DUI and applied my asylum after my F1 visa expired ( more than one year).
Best regards
There is a change that went into effect, and now for people with asylum pending, you have to answer a question on the I-765 about criminal issues and submit relevant documents. The EAD should only be denied if you have an aggravated felony. I think there is another change related to asylum for people who have arrests or convictions, but I have not really reviewed it yet, but I think that is related to asylum, and not to EADs (but maybe I am wrong). Take care, Jason
Hi Jason,
Thank you for quick response. It is bad news for me that the memo went into effect. I have a pending asylum and obtained my EAD card. I am just wondering if there would be problem when I ask for renewal of EAD card.
Maybe I am translating wrong. But according to the memo , it says no work authorization if you have DUI ( but does not mention if it first offense, second offense DUI ). Is there second chance anyway ?
Reference to the memo below.
https://www.uscis.gov/news/news-releases/uscis-deter-frivolous-or-fraudulent-asylum-seekers-obtaining-work-authorizations.
USCIS proposed to
Prevent aliens who fail to file their asylum application within one year of their latest entry as required by law from obtaining work authorization; and
Render any alien who has been convicted in the United States of any federal or state felony, or convicted of certain public safety offenses involving child abuse, domestic violence, or driving under the influence of drugs or alcohol, ineligible for employment authorization.
Thanks
Sorry, this is something else – this is a proposed rule that is not in effect yet. You are currently not blocked from an EAD if you have a DUI; you are only blocked if you have an “aggravated felony” (this has always been the case anyway, but USCIS was not really enforcing it – probably because it is very rare for a person with an aggravated felony to apply for asylum). Given that the rule is proposed and will potentially go into effect at some point, you probably should apply for your EAD as soon as you are eligible (up to 180 days before the old card expires, but no sooner, or it will be rejected as being filed too early). Take care, Jason
Hi Jason,
I am an asylee, am I eligible for Real ID? My wife got it and now DMV is saying it is only for DACA & TPS. Is that true or they are bluffing to mislead us or yet another comedy of errors.
Dear ATIF:
Of course, you are eligible to get real ID. I just got it this week through my EAD. You only need to have SSN, EAD, two of address, and your asylum receipt.
Thanks for your timely response. I straightened out their curls in time. I told them you are systemically and illegally rejecting also misleading asylees. You are either untrained and/or told to lie to public. You have been unfair and I recorded all audio conversation. I said so you mean it’s your discretion and you are the decision maker. I told him to show me the notification and he had an online printout in which he was misinterpreting the clauses to decline.
The head of branch said will talk to Albany and lmk. I thought it was a federal issue and Albany is state capital.
Good for you (but be careful recording conversations, as it is illegal in some states to record conversations without informing the other party). The DL is a state issue, so Albany is the place. Take care, Jason
ATIF, good for you! You have to speak up or stand up for yourself sometimes. Just want to reiterate what Jason said: Just be careful about the recording. I had the same issue and they told me that they would have to consult Albany. If this is in New York, they should be ashamed of themselves because this would not be the first case.
You should be eligible for that – maybe try again and ask to speak to a supervisor. Or do some research on their website and bring it to them – sometimes, you have to educate the people who are supposed to know already. Take care, Jason
So it seems there’s a coordinated effort going on. They say I94 has to be unexpired- in other words someone on visit or business visa is eligible and I as tax payer and lawful resident is not.
Second they say CBP stamp has to be current too. Which is again ridiculous as to how it can be current when my application is pending for years.
Thanks to the blogger above you and I got the message in time and I told them I am going to call and email ABC News tip line. So after three supervisors and second DMV I was taken to head of that branch. She gave me a letter and said she will call me tomorrow.
Basically they were saying it’s to their discretion and verbal orders from federal govt. that it is only for TPS & DACA. It’s not written anywhere or published anywhere that it’s only for these two categories and/or asylees are excluded.
Let’s see what she tells me tomorrow. Your resource has been a lifeline and guideline otherwise the confidence and bluntness of DMV lies are just spectacular. It has resolved many issues before as well.
That is ridiculous. The government gave a “verbal order”? That is not how the government works. I wonder whether the order was in the form of a tweet? Good luck and let us know how it turns out, Jason
Jason, they are not making any sense, at all, as asylee status is superior to TPS and DACA as it provides a pathway to citizenship and the status is more permanent. Second, providing government ID is not at their discretion if the person is eligible, and satisfies all the requirements, to receive the ID. Finally, while I do not think it is far-fetched, the idea to suggest that it is “verbal orders from federal govt.” is so disgusting and unscrupulous, to say the least.To me, it’s an all-out war on asylees/asylum applicants as they are very much aware of what they are doing.
The problem is that there are so many fronts to the war, there is a lot of fatigue. Hopefully, this issue will be sorted out, as it seems pretty clear the person at the DMV does not know what the law is. Take care, Jason
Yes that’s so right…a few months ago my husband had the same kind of problem..and the local dmv staff was so so rude. Sometimes I think we asylum seekers are treated discreetly..they think we are some kind of aliens🙄
There have always been such problems, but when the President of the United States uses hateful and false language about asylum seekers, he encourages that behavior in others. It is very unfortunate, to say the least. Take care, Jason
Hey Jason,
I really am lost and can’t find answers a friend suggested I ask here so here it goes am a post graduate student here in the US and I have to do some research and I wanted to get an EAD is there any way I can get one is that a possibility or not!! I hear a lot of people saying I can and a lot saying I can’t can you please help me on this one? Thank you
Hey Jason,
I really am lost and can’t find answers a friend suggested I ask here so here it goes am a post graduate student here in the US and I have to do some research and I wanted to get an EAD is there any way I can get one is that a possibility or not!! I hear a lot of people saying I can and a lot saying I can’t can you please help me on this one?
You need a basis to get an EAD: Asylum pending, application for a green card pending, etc. For students, it is sometimes possible to get an EAD if there are changed financial circumstances that make it necessary for you to work off campus (though it might only allow part time work, I am not sure). The international student office should know about that. Take care, Jason
Hello Solo,
You can work through your school as CTP. Curricular Practical Training (CPT) is a type of employment authorization issued by International Services office (ISO) of a university to allow F-1 students to participate in off-campus employment deemed an integral part of an established curriculum. ISO coordinators are required to report CPT employment to USCIS each semester via the immigration database, SEVIS. The time one works as CTP is deducted from OPT (one year, 2 years can be extended for STEM graduates).
Optional Practical Training (OPT) is an employment benefit granted by the United States Citizenship and Immigration Services (US CIS) authorizing eligible F-1 students to work anywhere in the U.S. at a job directly related to their major field of study and at a level commensurate with their educational level.
Talk to ISO of your school and see what they say about it.
Hello,
I am a pending asylum seeker and TPS holder from one of what is called “travel banned countries”,I had my interview in Chicago two years ago I have not received any decision I contacted CIS Ombudsman Service to help me with my case , they told me my case is under active review and nothing happened since May 2019 ,the Ombudsman sent me another email informing me that they will keep on bringing any unsolved cases to the USCIS every 90 days for resolution.What are my options now ?? And if I want to get an Advance Parole document to visit my family who lives in a third country ,I am going to risk my TPS and be denied entry to the US and if I get the Advance Parole and travel through Canada to any third country to ensure my turning back to the US because I have heard about someone who was in situation the immigration officer denied him entry while allowing his sister upon their arrival to the US port of entry . So if I get the travel document and travel to any other country , will I face the same risk as I travel from the US directly ?!
You can get AP based on the TPS. I have never heard of someone with valid AP status being denied re-entry, so I do not know why that happened to the person you mentioned. Also, travel with valid AP should not affect your asylum case or your TPS case. As for the decision, aside from making additional inquiries, you can file a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
EF, the person you heard about could have been denied entry because of any, or a combination, of the reasons below:
>Crime(s) committed while in or outside the US, or even before the person initially came to the US
>Accrual of unlawful presence. The person applied for TPS after his/her authorized stay expired
>The person failed to return to the US within the permitted time for returning
>TPS status expired while outside of the US/missing deadline for submitting required documents in support of immigration applications that are pending
If you intend to travel abroad using AP, you should consult with an attorney, if you are able to, before leaving the US. Being approved for AP, especially in this political climate, does not guarantee your re-entry into the US.
Dear Jason,
Thank you for your great posts. Recently, I found out your blog and loved reading your posts. I am planning to apply for asylum due to political persecution and harm. Can you kindly explain to me the difference between the applicant’s affidavit and the applicant’s declaration? Or they are the same?
Thank you so much again for your posts. I am learning a lot from your blog.
Regards,
Nem
They are the same. I wrote a post about affidavits on May 3, 2016 – maybe that would help. Take care, Jason
Hello Jason
My I-765 was denied recently – USCIS said that I filed an obsolete form and did not sign it. I downloaded the most recent form on the website and to be honest I did not see any new form there. The edition date is the same and expires in the end of May 2020. Do you know if USCIS adopted a new i765 recently? Or is it a new measure to deny EADs for asylum seekers? I heard that they are doing the same with asylum applications – delays and rejections based on certain blocks empty. Thank you!
It could be an error on their part. If you failed to sign the form, that could be a reason to reject it. Maybe the part about the wrong version of the form was just boilerplate/general language in the rejection letter. If you download the form from http://www.uscis.gov and you complete the whole thing and sign it, they should accept it. Take care, Jason
Hey Jason, I have asylum case in court and I got married to my husband who is a US citizen. My questions are;
1.) i filed for asylum in New Jersey, I’m in Los Angeles, what do I do withe my case in NJ court which I’m supposed to be in court May 28 2020?
2.) how long does it take for a to get my green card since my asylum case is it court? Do you think I would get it before the end of the year. My grandfather just passed and I am he’s only family and would love to go back to my country to bury him properly. That’s why I’m asking.
I wrote about marriage to a US citizen on August 2, 2018 – maybe that would help. As to the questions: 1 – You can file a motion to change venue. You are also required to inform the court and DHS of your new address using form EOIR-33. 2 – It is usually not very fast, and there are different ways to get the GC (either from the court or from USCIS after you terminate the court case). Talk to a lawyer about how best to proceed. Assuming you are eligible for the GC, you should be able to get it, but coordinating the court case with the application to USCIS can be tricky, and some judges are better than others at adjudicating such cases. Take care, Jason
Hi Jason,
I have an RTD and also my national passport. I want to travel to Canada for a few days, however, the visa for Canada is on my national passport. Is it okay to travel internationally with both my RTD and national passport in a situation where the visa was stamped on my national passport and I will need the RTD to return back to the United States?
Thank you.
I highly doubt this would result in any issue for you. It can easily be explained if necessary. If you want to be extra cautious, you could try to get a new Canadian visa in the RTD, but it is very unlikely that you would have a problem using your passport to go to Canada. Take care, Jason
ASYLEE, my question to you is (not that it bothers me; I am just wondering): Why are you using your country’s passport to travel, especially if you haven’t yet adjusted status (I don’t know if you are an asylee or GC holder)?I am also certain that, at some point, CBP/immigration officers, from both sides, may wonder what your status is. The least you should do is be prepared to explain.
Hi Jason
Will summon for owing money to credit card affect naturalization? will this be asked on the interview , should included cited? Thank You
Unless it is a crime, I do not think so. It sounds to me like a question of civil liability. If you are not sure, talk to a lawyer about the specific concern, but I do not think it is an issue. Take care, Jason
Hi Jason,
I hope you and your team have a wonderful new year,
I commented some questions end of the last year, but I couldn’t find it and your advice, too. So, if there is no problem, I ask you again.
There is an asylum case that now it is waiting for individual hearing. This case has been filed at 2013 and after the couple times interview with asylum office and master hearing in immigration court, now it is scheduled for individual hearing at 2021.
My questions are,
1- Is it good, if the applicant applies for a job sponsorship now? If it is,
2- How long it takes to get approval via the job sponsorship?
3- And is it possible, the applicant can get approval (just approval, not the green card) via the job sponsorship (if its processing time is less than 2 years) before the individual hearing at the court or by the way the applicant has to wait till the individual hearing and then get approval via asylum or job sponsorship at the court?
Thank you and wish the best for you and your team in this New Year.
1 – In most cases, you would not be eligible for that, but it depends on the case – Talk to a lawyer to explore your options. Also, I wrote about this issue on August 28, 2018. 2 – It varies depending on the type of job sponsorship. 3 – Again, it depends on the case. The large majority of people in court would not be eligible for a green card through their job, or at least they would need to leave the US to get the GC overseas. But there are exceptions, so talk to a lawyer if you think this might be an option. Take care, Jason
Hi Jason
Does the travel ban affect asylee petition for spouses I-730 ? And also , did you hear about the administration adding new countries to the list ?
Thanks
H
Beneficiaries of I-730 forms can come here, even if they are from a “banned” country, though you can bet that the US government will make it difficult and slow. I have not heard about new countries being added to the original list. There was some talk about that a while back, but as far as I know, nothing ever came of it. Take care, Jason
Hi Jason,
Thank you for your time.
I received the below message after inquiring about my case via congressman. Do you know how I can interpret it and does it mean a positive sign?
I interviewed in early January 2019 in Chicago AO and have my spouse and my kid as derivatives. I am also from a Muslim travel ban country.
“U.S. Citizenship and Immigration Services (USCIS) records confirm that Mr. X’s case is pending background check clearance. USCIS is committed to adjudicating immigration benefits in a timely manner while also ensuring public safety and national security. A small percentage of applications and petitions have unresolved background check issues that temporarily delay adjudication. Although USCIS makes every effort to resolve such cases promptly, USCIS is unable to speculate when the background check will be completed.
If a background check reveals an issue that may impact an applicant’s eligibility for the requested immigration benefit, further inquiry is needed. The inquiry may include an additional interview and/or contact with another agency for updates or more comprehensive information. Upon gathering and assessing all available information, USCIS will adjudicate the application as quickly as possible.
USCIS realizes that Mr. X may be frustrated by the progress of his case. However, the agency must balance individual inconvenience against broader issues of public safety and national security.”
It is basically standard language. It sounds like the hold up on your case is the security background check. This is common, but unfortunately, there is really no way to predict when they will reach a decision. I would give them a couple months after this inquiry, but if nothing else is working, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
Hi everyone,
In the beginning ,when I took the interview, my online case status was “decision pending” and after 6 months, it changed to “application pending”, but again yesterday, it changed into decision pending after one and half year. Do you have any idea what does it mean?
I really don’t think it has any meaning. Why there are different messages for essentially the same thing, I do not know. Take care, Jason
Joson i filed my EAD renewal in sep in taxes address . how long it take to get Renewal EAD now days
We are seeing renewals taking between 4 and 7 months. Once you receive the receipt, the old card is automatically extended for 180 days. Take care, Jason
Hi Jason,
Starting from October 2020 domestic travellers need to obtain enhanced identification if they want to fly on commercial airlines in the US.However, one of the prerequisites for getting the EDL is to be a US citizen. Do you have any information on how asylum seekers etc will be able to travel domestically once this policy starts taking effect ?
I don’t know where you got that information , but before you freak everyone out . You can still be Asylee or in process and travel if your license has a gold or black star on it … simply means having a real drivers license issued from dmv .
GABE, you were misinformed. Asylum applicants and asylees (these are 2 different statuses, by the way) can and do apply for REAL IDs.
According to a CNN article published on 10/02/2019 by Katia Hetter, “To get a REAL ID-compliant state driver’s license, the US Department of Homeland Security requires applicants provide documentation showing their full legal name, their date of birth, their Social Security Number, two proofs of address of principal residence and lawful status.” The DHS website also confirms this information. Many alsyum applicants and asylees can satisfy these requirements as asylum and asylee statuses are lawful statuses. They can also apply for a social security number.
If you do not, however, have a REAL ID, which usually has a star emblazoned on its face (the top right corner of the card), you can still board commercial flights if you have one, or more of, the following documents:
• US passport
• US passport card
• DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
• US Department of Defense ID, including IDs issued to dependents
• Permanent resident card
• Border crossing card
• State-issued Enhanced Driver’s License
• Federally recognized, tribal-issued photo ID
• HSPD-12 PIV card
• Foreign government-issued passport
• Canadian provincial driver’s license or Indian and Northern Affairs Canada card
• Transportation worker identification credential
• US Citizenship and Immigration Services Employment Authorization Card (I-766)
• US Merchant Mariner Credential
Hello,
I am an asylum applicant from Nigeria. I applied for asylum about two years ago but I am yet to be interviewed. Please I just want to confirm from you if Nigerians with FGM asylum cases are still being granted. How long does it take to get an interview? Some say it may take six years! Can I expedite? What’s the process?
Thank you
Hi Jason,
Starting from October 2020 domestic travellers need to obtain enhanced identification if they want to fly on commercial airlines in the US.However, one of the prerequisites for getting the EDL is to be a US citizen. Do you have any information on how asylum seekers etc will be able to travel domestically once this policy starts taking effect ?
I do not think that is the requirement, but I have not looked into it. As I understand, under the REAL ID Act, federal IDs will be accepted, such as the green card, EAD, and US passport. But I am not sure about that. It would, however, not make sense if foreign nationals who have lawful status could not take a domestic flight, or if people who have green cards cannot travel. Take care, Jason
GABE, you were misinformed. Asylum applicants and asylees (these are 2 different statuses, by the way) can and do apply for REAL IDs.
According to a CNN article published on 10/02/2019 by Katia Hetter, “To get a REAL ID-compliant state driver’s license, the US Department of Homeland Security requires applicants provide documentation showing their full legal name, their date of birth, their Social Security Number, two proofs of address of principal residence and lawful status.” The DHS website also confirms this information. Many alsyum applicants and asylees can satisfy these requirements as asylum and asylee statuses are lawful statuses. They can also apply for a social security number.
If you do not, however, have a REAL ID, which usually has a star emblazoned on its face (the top right corner of the card), you can still board commercial flights if you have one, or more of, the following documents:
• US passport
• US passport card
• DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
• US Department of Defense ID, including IDs issued to dependents
• Permanent resident card
• Border crossing card
• State-issued Enhanced Driver’s License
• Federally recognized, tribal-issued photo ID
• HSPD-12 PIV card
• Foreign government-issued passport
• Canadian provincial driver’s license or Indian and Northern Affairs Canada card
• Transportation worker identification credential
• US Citizenship and Immigration Services Employment Authorization Card (I-766)
• US Merchant Mariner Credential
We have had FGM cases from Nigeria that were granted, including one this morning, so it is still possible. There is no way to predict the time frame, as the government gives us very little information these days. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Yes FGM from Nigeria is a strong case as long as you have all your prove then it is possible that you can be granted and I think interview times depends on your location. Mine took 22 months to get an interview but it wasn’t based on FGM tho.
Should be jokes, but almost today’s realities.
Hello, Jason
I’m waiting for a court hearing
How many months before I can file for a EAD renewal ?
Do they give hard for people renewing EAD during the removal proceedings?
Thanks,
The soonest you can file to renew is 180 days before the old card expires. Don’t file any earlier, or it will be rejected as too early. Renewals are taking maybe 4 to 7 months, but once you file and get the receipt, your old card is automatically extended for 180 days. Take care, Jason
Hello and happy new year to everyone,
i am from Iran, do you think it is going to be hard to get approval in the court with switching to Christianity?
Country conditions in Iran are dangerous for people who leave Islam and become Christian, so for most such cases, it comes down to credibility. If the Judge believes that you are Christian, you can win; if the Judge thinks you converted just to seek asylum, you will lose. So the more evidence you have of church-related activities, and the more witnesses you have that your conversion is genuine, the more likely you are to be successful. Take care, Jason
Thank you so much.
Hello
I’ve applied for advance parole but they sent me a letter saying that my intended date of departure has passed and they want me say a new date departure if the need still there. Do you please have any suggestion of the length I should put between the date I will send the letter and the the date of travel??should I give them 1month, 2 months …
The letter is saying that processing my application will resume upon receipt of my response.
Thank you and I will appreciate any recommendation
I would give two dates – one in maybe 3 months and another in maybe 10 months. The hope is that they will give you AP through the second date. If you only give one date, say in 2 months, they may give you an AP document that is only valid for 2 months (or less, since by the time you get it, some time will have passed). We once had a client get AP that expired the next day, which happened because we only gave one date and it took USCIS a long time to process the case. So now we try to avoid that outcome by giving two dates. And by the way, once you get AP, you can travel as much as you want for as long as it is valid. Take care, Jason
Thank you Jason
The next day!? Wow. Jason, if you didn’t write this I wouldn’t believe it. Btw, an excellent piece as usual :-). Very funny. Sometimes you have to find the fun in things that are serious. Makes things much lighter.
These days, I feel like gallows humor is the only humor left. Take care, Jason
Jason, how would one travil sincd we don’t have the right to renew our passports? This system is leaving us in US “jail” not to be able to travel ever again. I just don’t understand why they forbid me to travel even with Advance Parol since my passport is expired I can’t get on an international flight ever again with pending asylum asylum that could end up not be interviewed in my lifetime,or if interviewed denied and then contested until my lifetime.
For people who cannot get a passport, this is a real problem. One option may be to try to expedite the case. I wrote about that on March 30, 2017. If the case is resolved and you are granted asylum, you can get a Refugee Travel Document, which serves in lieu of a passport (though not all countries recognize it). Take care, Jason
its 2020 and they still use paper forms , they should switch to interactive online forms just like the DS-160 and DS-260 .
They are moving that way (very very slowly). Supposedly, it will be possible to file the I-589 online pretty soon. We shall see. Take care, Jason
hi
I applied ap to may 2019 to travel date sep 2019 but I get ap in nov 2019 it is valid till nov 2020
I travel in nov 2019 without any issue with only 4 month passport validity
I send only I 131 form and fees nothing else
my asylum case is still panding
Hi Jason, very funny post. I have a question. I filed asylum almost two months ago but no receipt notice. Nobody can tell me where it is. But I have delivery confirmation from us post office that it was delivered to the Texas service center. What can I do? I emailed TSC and asylum office. No response from TSC and asylum office says they don’t have it.
This has become common. If it was received, you will probably get a receipt soon. The reason seems to be that they are combing through applications looking for reasons to reject (I wrote about this on November 20, 2019) and I suspect this takes more time. Receipts that used to arrive in 3 or 4 weeks are now taking 6 or 8 weeks or more. I would give them a few more weeks, but if you still receive nothing, you can try to call USCIS at 800-375-5283 or you can send a new application with an explanation about the first application. I would not do this yet, though, as you likely will receive the receipt soon. Take care, Jason
Hello Jason,
The head of uscis said that they planned to hire 500 asylum officers by end of december. Do you know how many of those officers will work in the Arlington office?
thank you
I don’t know for sure, but I heard something about 80 additional officer and that they would have an additional location to process cases. Take care, Jason
Additional location in the Arlington city area (or the NOVA area)?
I think in the same building or very nearby, but I am not sure. Take care, Jason
Hello Mr. Jason,
My case has been granted recently after 2.5 years of waiting for the interview decision. And recently I have received new EAD with A05 category. But the expiration date is august 2019. So I have received already expired card. My understanding is that they are calculating dates from the interview. So it starts exactly 2 weeks from the interview date and valid for 2 years.
I would appreciate your comment on this one. Maybe someone here had the same story.
And one more question. My current EAD with C08 category is expiring December 2020. Should I renew that one? If Yes, since now I hold asylee status should I pay for that renewal?
Thanks
I have not seen that before. I recommend you call USCIS at 800-375-5283. Try to talk to a person to say that they sent you an expired card. Perhaps they will allow you to return it and get a valid card. You check the I-765 directions about returning cards that have mistakes and try to follow those. If that all fails, you might just file for a new EAD based on a-5. My guess is, you would have to pay the fee (or do a fee waiver using form I-912, available at http://www.uscis.gov). If you follow that path, keep in mind that the automatic 180 day extension you get when you file to renew an EAD runs from the time that the card expired (August 2019), so it would not help you. In other words, you may want to do that sooner rather than later, if you cannot fix the current a-5 EAD, since you will not have a valid EAD after December (though also keep in mind that asylees can work legally even without a valid EAD; it is just that this is hard to prove to employers). Take care, Jason
Hi Jason,
Happy New Year! How are you? I am from Myanmar (Burma). I came to the United States in 2013. I applied for asylum in 2014 (within one year). I had an interview with the asylum officer in 2014, and my case was referred to court. The individual hearing was in January 2017. My case was administratively closed on that date.
I have just got my graduate degree this December. However, I haven’t got a job yet. Now, I am thinking to reschedule my asylum interview. Many said Trump’s immigration policy is harsh, and winning asylum becomes harder now. Could you please suggest which way would be the most plausible way for me to get a green card? Is this still a good idea to proceed with the asylum case, or should I find a different way?
Sincerely,
Nay
You should talk to a lawyer about the specifics of the case, as there is too much I do not know to give helpful advice. I will say that despite all the negative changes under President Trump, “classic” asylum seekers are still able to win. By “classic” asylum seekers, I mean people who fall squarely within the definition of a refugee. Asylum seekers from Myanmar tend to be fearful of political or religious persecution, and both of these grounds are “classic” in the sense that asylum was created for such people. If that is your case, the recent changes should not have a major impact on your chances for success. But again, I do not know your case and you would have to talk to a lawyer about, and to explore any other possible avenues to gain status here. Take care, Jason
Hi Jason,
Thank you for your suggestion. I appreciated. My case is a politically-based asylum application. May I ask a few questions more? May I know how I can reschedule my asylum interview? How long usually does it take to get an interview? How can I know whether my case is rescheduled? Do I receive a notice letter for it? Another question is that whether education improvement helps the asylum to win? Can I include my degree in the application?
Thank you in advance for your time.
Nay
To reschedule, you can email the asylum office or go in person to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. The time to get an interview is very variable, so there is no way to say. If the case is rescheduled, the Asylum Office will contact you, usually by letter. Education level does not increase the chances for winning asylum (well, I guess if you are smarter, it will be easier for you to tell your story). We usually include education documents with the other evidence. Take care, Jason
Hi Jason,
Is Birth certificate required for Green card application based on granted Asylum – if so can i use my expired Notional passport instead of it as proof of Nationality ?
I think it is best to send it if you have it, but we have done cases where we did not send a birth certificate and the person still got a GC. Take care, Jason
Hello Jason,
In your professional opinion, is it okay to go with an attorney to an asylum interview? I will be glad to hear from you soon.
The lawyer does not do a lot at the interview, but I still think it is better to use a lawyer, as the lawyer can assist sometimes, and it makes the officer more likely to behave better (though most officers are very professional whether there is a lawyer present or not). Take care, Jason
Hi Jason,
Can USCIS tell me who’s currently my lawyer if i give them a call, from your experience? I’ve been waiting for my interview and have switched to another lawyer. I just wonder if they can provide me that info through the phone.
Thank you!
I don’t know about that, but you can ask your lawyer to make sure he or she is the attorney for the case. That would probably be easier. Take care, Jason
Hi Jason,
Quick question regarding EAD renewals. I have a lawyer who assisted me in filing my first EAD but i will file the renewal myself. Do i need to have my lawyer to fill out G-28 form or since i am filling it on my own this time i don’t need to.
Thanks a lot
The G-28 is only if you use a lawyer. If you do not use a lawyer, you do not need a G-28. Take care, Jason
So if there is a lawyer assigned to my case but they are not assisting me in filing the form then i don’t need to submit G-28?
I have a lawyer but the charge for the service is $700 which i think is really steep given i have to also pay for the renewal so i decided to file it myself. Hope this clarifies
The I-765 is its own case. You can use a lawyer or not, and if you do not, there is no G-28. Take care, Jason
It’s really Brilliant and Hilarious!
Hi Jason,
Thanks for all what you doing for community.
I suppose to file my N-400 citizenship soon passing to approval asylum . The place where I was leave impacted by tornado (Newspaper and media)and I lost many documents such as my passport ,also I have a prove letter from building mangment . Is this enough if The officer on interview ask me about passport?
Sincerely,
Ahmed
It may be enough, but hopefully you have some evidence that is more specific about your passport – like a police report or some document to show that it was lost. If you have your green card and driver’s license, that should be enough for identity, but you will have to explain why you don’t have a passport. Take care, Jason
It is funny, but very scary if true.
You’re not in a good mood today. Let’s hope for the best. I know there are people who want all those predictions to be true, some of them will take it as new Ideas.
Jason, you are a sarcastic d## head. Please migrate somewhere else. That would be fantastic. No true American wants to hear this dribble.
You are entitled to your opinion, of course, and I support free speech, but if you wouldn’t mind leaving, that would be great.
Thank you.
I dunno, I’m American through and through and I find Jason’s dribble to be hilarious!
You sound like a Commie…
You know me so well, Jase!
Indeed. Happy New Year, Jason
Maybe one day…
No, Jason, please don’t ever leave this wonderful country, don’t ever leave us along with all of our problems. We thank God for you daily, thank you for caring about us, thank you so much for everything you do, we need you more than you can even imagine.
Thank you. No other country will take me, so I am here whether I like it or not. Take care, Jason
I guess you true American snoops around the internet looking for blogs that consider “invaders”, humans.
” Incorrect versions of “n/a” include “N/a”, “n\a”, “NA”, and “n/a”. ”
That was really funny 🙂
Now let’s hope those WON’T become true.
Trump is always giving you the finger. You just can’t tell, since, you know, his hands are so small.
Metaphorically and literally…
Happy new year Jason,
This sounds very scary. I filled my asylum application 258 days ago.does it mean that I might not be interviewed this year?
I already have my work permit, what do you advise me to do so as to be on the safe side?
Thanks again for all you do
I do not know whether you will get an interview, but it is possible that you will not. If you want to expedite, you can try that – I wrote about it on March 30, 2017. Otherwise, just make sure you have your evidence available, so you can file it if you get called for an interview. Take care, Jason
I guess you true American snoops around the internet looking for blogs that consider “invaders”, humans.
hahahaha very funny.
Thanks, Jason.