With the escalating tension between the U.S. and Iran, DHS has been detaining Iranian Americans and Iranian nationals at the border and questioning them about their ties to Iran, their background, their family members, and their opinion about the Iranian government.
On the one hand, it’s perfectly reasonable to question people entering our country, particularly during wartime (and when was the last time we were not at war?). It’s also reasonable to apply additional scrutiny to people from “enemy nations.” And so, on one level, it makes sense to look more closely at Iranian Americans and Iranian nationals who are seeking entry into the United States.
On the other hand, it’s difficult to accept anything the Trump Administration does without feeling that there is an ulterior motive. At this point, we have been subject to so many lies, in the service of such bad policies, that nothing the Administration does can be viewed at face value. Is there any intelligence that indicates Iran is planning to retaliate by sending agents to our country? Is there any reason to suspect the particular people stopped and questioned at the border? Or does the Administration just want to scare us, in order to further justify its xenophobic policies? Or maybe to distract from the impeachment? There is no way to know, and when you can’t trust what your own government tells you, it is impossible to evaluate whether its actions are warranted.
In any event, here I want to talk about asylum during wartime. I suppose one response to war would be to shut down the border completely, block all nationals from the enemy country from coming to the U.S., and take measures against any of those nationals (or their decedents) living in the United States. We did the latter during the Second World War, when we detained Americans of Japanese decent. Notably, we did not detain Germans or Italians, even though we were also at war with those countries. But what about granting asylum to “enemy aliens” during wartime? Welcoming them to our country, even though we are at war with their homeland?
There certainly is precedent for giving refuge to “enemy aliens.” Probably the most famous examples are the scientists who fled fascism and anti-Semitism during the Second World War. People like Albert Einstein and Enrico Fermi found refuge in the United States and made important contributions to our efforts during the War (I’m not a fan of the Bomb, but I’m glad we got it before the Nazis). Another well-known example is the Cubans who fled Communism after Fidel Castro took power on their native island. For the past six decades, those same Cubans have been fierce opponents of the Castro regime. A third example is the Iranians who came to the United States after the 1979 revolution. While they generally oppose military intervention against their homeland, most Iranian Americans support democracy and human rights in Iran.
I encountered a less well-known example when I lived in Philadelphia in the mid-1990’s. I met an old man at my synagogue who had been a refugee during WWII. He was Jewish, born in Germany. During the 1930’s, he fled to Britain as a refugee. When the War started, he was detained as an enemy alien and shipped (by boat) to Australia. He was stuck down under for a while, until the Brits realized that he spoke German, and so they shipped him all the way back to England to serve in an intelligence unit. He assisted the Allies during the War, and then later immigrated to the United States.
Also, in my job, I meet people every day who are working to bring democracy and human rights to their countries of origin. Once they get their bearings in the U.S., many of my clients work directly or indirectly to assist the United States with diplomacy and national security. My client from Iran, for instance, is a computer expert who works to overcome censorship in his home country (and in other authoritarian countries), so people can access websites blocked by the government. Another client, from Afghanistan, organizes conferences, bringing high-level American and foreign experts together to discuss national security challenges. A third client advocates for democracy in Cambodia, and is regularly in contact with important U.S. government officials. And a number of my clients work for Voice of American (on and off the air), bringing news and promoting American values in their home countries. You get the point: Foreign nationals who have obtained refuge in the United States, often from hostile regimes, are working to advance U.S. interests and to educate U.S. decision-makers and the public, so we can better respond to national security challenges.
And herein lies the rub: How do we obtain the benefits of this expertise while minimizing the risk to our security? The answer, I think, is asylum. Remember, we do not offer asylum to just anyone who fears harm. Asylum is for people who face persecution on account of their race, religion, nationality, political opinion or particular social group. These “protected grounds” reflect our national values, and thus, asylum is basically set up to benefit people who will benefit us. Asylum seekers are also subject to rigorous security background checks. And so if the system is working properly, we will receive refugees from hostile regimes who will be well-vetted and will present minimal risk to our national security, and who are well-positioned to assist our country vis-a-vis their homelands.
Of course, when a conflict exists between our nation and another nation, we must exercise caution in dealing with citizens of the hostile power. We should use all the tools at our disposal to advance our interests and to keep ourselves safe. Asylum is one of those tools. Rather than discard the asylum system during wartime, we should use it as it was intended–to benefit those who support our values, and to benefit ourselves.
Dear Jason, if dependents on asylum application have to attend green card interview… what happens to them during that interview and what are they asked about, would I have to go with them? thank you
They are asked about the questions on the I-485 form – they need to verify that the answers and info are correct. I-485 interviews are usually not a big deal (though be aware that they could ask about the asylum case, but usually, they do not). If you are the principal, you should go with the dependent. Take care, Jason
Hello Jason, i am a pending asylum applicant together with my wife and 3 children, we all received our EAD since May year, presently i am not working but my wife stated working in one of the big hospitals in Texas as Registered Nurse, my question are that:
1. as a pending asylum applicant can my wife applied for green card as a registered nurse if her employer is ready to file for her.
2. can my wife also applied for unused special green card that the government wants to allocate to immigrant registered nurses because of covid 19 pandemic.
your respond will be highly appreciated.
Regards.
David
1 – It would depend on her status in the US. If she has some other lawful status, aside from asylum pending, she should be eligible. If not, she is probably not eligible. I wrote about this issue on August 28, 2018 and September 6, 2018. 2 – I do not know about that program. My guess is that she would still need to meet the requirements for getting a green card that I discuss in the two blog posts I mentioned, but maybe check with a lawyer to see for sure. Take care, Jason
Dear Jason and Asylum community
I am an asylee and I am going to apply for the green card next month. After submitting Form I-485, what will be the next step? Will be any interview or fingerprint after applying for the permanent residency? I am asking these questions because I am planning to visit my family abroad for a short period of time and I already have RTD.
Supposedly, USCIS will interview all dependents and many principals, but we have not see many principals get interviewed. Once in a while we see this, but not often. As for fingerprints, I think some of our clients receive notices for those, but they should arrive in a month or 2 after filing, and the interview, if any, will probably be at least 6 months away and probably longer. Also, USCIS usually gives you ample notice of any interview, so you should have time to return or reschedule the interview if necessary. Take care, Jason
Hi Jason, im in the same boat applying for my green card in few months – but do dependents required to be interviewed ?
Supposedly, all dependents will be interviewed. That is what they said, but we have not seen it. Nevertheless, the dependents (and the principal) should be prepared for an interview (I-485 interviews are usually pretty easy). Take care, Jason
Hello Jason,
I filled the change of address form and also applied for EAD renewal since December last year but I haven’t gotten any receipts in the mail yet. Pls is the delay quite okay or what do you advise I do?
Thanks for all your effort. God bless you
If you did a change of address online, there is no receipt other than the acknowledgement that the AR-11 was submitted. I do not think there is a receipt if you sent it by mail either (but we have not done that in a long time, so I do not remember). For the EAD, it could take 3 or 4 weeks to get a receipt, and given the holidays, it might take a bit longer. If you paid by check, you can get a copy of the check form the bank and on the back of the check, USCIS will stamp the receipt number, which you can check online. Take care, Jason
Hi Jason Sir,
My daughter needs to update her first name on EAD, she is 18 years old and derivative asylee in my case. Along with I-765, can she file her own I-912 Fee waiver or do I have initiate it?
Thank you so much.
If she is filing her own EAD, she should file her own fee waiver. Fee waivers are becoming more difficult to get these days, so she should try to provide as strong an application for the waiver as possible. Take care, Jason
Hello everyone, I would like to ask you to share your experience if you travel with an Advance Parole while your asylum application is pending or if you have TPS , please tell me if you travel to a country like Saudi Arabia . Is the Advance Parole is a document of a single page ?? I tried to contact the Saudi Embassy to ask if the issue a visa for someone with a travel document but they never answer . So please let me know about your previous experience traveling with you Advance Parole ?!
I am not a lawyer. I am just an asylee. Make sure to check the credibility of the below information with a lawyer before you adopt it.
According to what I know, the RTD is not being accepted in any Middle Eastern county including Saudi Arabia, UAE, Jordan… whatsoever. You can check the RTD admissibility in any destination country using the below link:
https://www.iatatravelcentre.com/passport-visa-health-travel-document-requirements.htm
Despite the fact that this link is great, it is always better to reach out to the destination country’s embassy and check if they accept a US RTD.
As far as you travel using AP while your asylum is pending, I believe no lawyer can guarantee an answer. I asked the same question a lot in the past. All answers say that you can travel, but there is a risk when you come back. The details of risk vary depending on your legal status; like do you have another status, are you in court, did you use your home country passport while you fled the persecution of your home country government… etc. So, you could be detained, questioned, denied asylum, sent to court, and put for removal proceedings.
Good luck.
People do sometimes travel to Saudi Arabia, but AP is for re-entering the US; it is not for entry into other countries. You would need your passport and visa to travel to Saudi Arabia. Take care, Jason
Dear jason
After tried inperson inquiry and thru Congressmen and senators office still USCIS says “my application pending a finale decision and prioritized for a supervisory review “
Do you think my cases sent it to headquarters review based on above message?
Its been 5 month since my interview im thinking to contact ombudsman office !! Do u think ombudsman office would help me?
Im from Afghanistan is that normal that a decision takes five month?
Please explain my above concerns— it kills me every second!
Waiting for interview wasn’t that hard then waiting for a interview decision
Unfortunately, a 5-month delay is pretty common and there is no way to know from that message if your case went to HQ (I did a post on October 20, 2015 listing the types of cases that go to headquarters). You can try the Ombudsman – There is no harm in that, and it is fairly easy, though it likely will not help much. At some point, you could consider a mandamus lawsuit to force them to make a decision – we wrote about that on October 2, 2018. Talk to a lawyer about that if you want to try it. Take care, Jason
HI, Jason, could you please advise me with my situation, you’re the most knowledgeable person I can ask advice from. My learner’s permit is going to be expired soon, dmv won’t renew it until I get new EAD(which I’m waiting for renewal also), they are not accepting 180 days extention letter, and my biggest problem is that my national passport will expire before I get my new EAD, what do asylee seekers do usually in these situations? We can’t apply for passport because of government persecution, but also we can’t get license without valid passport, it’s like a loop.
If anyone got a solution to the same problem, please share here, I really don’t know what to do(
Living with no photo ID at all. Mine is expired in August 2019. Since then, waiting for a form of photo ID but haven’t received anything. Wait and patience!
I do not know a lot about the various DMVs. However, they should accept the 180 day extension – you might try talking to a supervisor. Also, with a EAD (and maybe evidence of the pending asylum case), they really should not need your passport. Again, try talking to a supervisor – maybe that will help. If it does not work, you might try reaching out to Catholic Charities in your city. They can sometimes help with these types of situations. Take care, Jason
Hello Jason,
What is the legal description for an asylee (asylum granted) if I don’t want to let others know that I am an asylee. I was asked by my employer if I am a permanent resident? Am I yet; or I have to wait until I apply to the GC before I call myself a permanent resident?
Can I use the term: I am in a USCIS process to get a green card; meanwhile, the USCIS issued me an unrestricted social security number? Please advise.
You are an asylee. Maybe you can say that you have been granted permanent status and will be receiving a GC soon. Or that you have permanent work authorization based on your EAD code a-5. Maybe something like that would be sufficient, but for the employer, when they see your EAD, they can look up the code (a-5) and know that you have asylum. Take care, Jason
Understood, that is why I am avoiding showing my EAD. the I-9 form gives an option to verify employment using an unrestricted SS card plus a valid driver license. No need for an EAD. Thank you for your answer.
Hi Jason,
My asylum EAD card was expired and I did not know the expireation date and I was working for almost one month with expired EAD.after almost 1month, I realized that it was expired and immediately filed the documents to renew it.does that one month gap consider as work without authorization?
Thank you
If you have been granted asylum, you can work without the EAD, so there is no issue. If you have asylum pending, I am not sure – when you get the new card, it might cover that period. In practical terms, it probably will have no effect anyway, but if the new EAD does not cover that month period, I suppose it would be considered unauthorized employment. Take care, Jason
Hi everyone,
I have applied for travel document and sent my I-131 form exactly two weeks ago. So far I did not receive any notice from them and started worrying. Tracking number is saying that my mail was delivered. So my question how long does it take to get receipt notice from uscis?
Thanks
It probably takes at least 3 or 4 weeks to get the receipt, so you should be fine. Take care, Jason
I would suggest anyone submitting any paper-based forms to USCIS, should use Form G-1145, E-Notification of Application/Petition Acceptance. It is just a one-page form where you would mention your email address and phone number and as your case is received and processed, you will receive a text message on your phone with the case number. after that you don’t have to be worried about the receipt because you already get the receipt number with you and you can track your application. it also clarifies whether your form has actually be received by USCIS and not lost in between or if you receipt get lost while it is mailed to you, you already got the number.
Hello jason and everyone
I have applied at the Newark office..date August 2016…when can I expect an interview?which year and month has been interviewed at the Newark office now?
I requested for short list 2months ago..how long I have to wait
They do not publish that info, and so I do not know. The NJ office was moving pretty quickly, but whether that will continue, I am not sure. Aside from the short list, you can try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason. My Family Form i730 petitions approves after 17 months.i got letters yesterday for all my Family members.The matter mentioned in letters that:
Your refugee/Asylee relative petition for the family member (s) listed on this notice has approved in accordance with section 208 of the Immigration and Nationality act, and forwarded to the department of State National Visa Center, 32 Portsmouth NH 03801. This completes all USCIS action on the petition.
What will be the next step? how much time will take to send case to us embassy in my home country? Kindly guide in detail specially time frame too.Regards.
I did a post about I-730s in December 2019 – that may help. The next step is that you should get an email explaining about the consular processing. But if you check that post, there is a link to an I-730 manual that explains the process clearly and in great detail. Take care, Jason
Hi,
Could you please let me know, which service center you sent your I-730 Petition, Texas or Nebraska Service Center ?
Check the instructions, as the mailing address varies depending on where in the US you live. Take care, Jason
I sent I-730 petition to Nebraska Service Center…The processing times between Texas and Nebraska serv. Center seems to differ by almost a year… So wanted to make sure with @KALEEM where he sent his application since s/he had to wait 17 months….Sorry for the confusion, dear Jason….Appreciate your response….
I do not have huge faith in the processing times, and you have to file in the USCIS with jurisdiction over where you live. Take care, Jason
Hi Jason,
I have TPS and my asylum case was sent to immigration court last year. Will I be able to travel outside the US while my case in in court? I was also thinking about options of withdrawing my asylum and just hold TPS, is that possible?
I have had clients travel (using Advance Parole) with TPS who have pending court cases, and they have been able to return to the US. I do think there is some risk, since people in court who leave are generally considered to have deported themselves. I am not quite sure how this works with TPS and AP. So I do not think a smooth return is guaranteed, and it is possible that they would try to send you back or detain you upon arrival. Whether you can withdraw your asylum, close the court case, and keep TPS, I am not sure, as different judges seem to have different policies about this. I think you can try, and if that worked, it seems to me that travel would be safer. Take care, Jason
Jason,
I have no question. I just want to acknowledge the value you are producing on the Asylumist again and again. It has been three months since I received my grant decision. As a result of the serenity of being asylum granted, I am started to empower the pillars of my life and try to generate the best value I can to myself, first of all, my family, and the US community I live in especially after wasting seven years revolving around the pedning status of the asylum case. I am communicating with Stanford University now to start my Ph.D. program soon. Although the application process with Stanford is tough, it is a piece of cake in comparison to the hassle of the asylum process which I have survived already 🙂
It is a brief message to the asylum office personnel. I appreciate all the great work to maintain national security, but some of the asylum seekers deserve to be given a better chance by adjudicating their applications as soon as possible. If you so, everyone gains the benefit; the US community will be the first. Definitely, there should be some channels to develop the mechanism of distinguishing bad versus good people rather than wasting significant time on challenging the asylum application for nothing. I just survived the pain of the pending era. I wish everybody else, who deserves, to survive it as soon as possible.
I cannot wait to go by DC someday; so, I can give you a visit to thank you face to face. Your legal guidance through the Asylumist platform was crucial in helping me to survive the battle.
Sincerely
Syrian
Thank you for the kind words. It reminds me of the time I did yoga. Since then, every time something bad happens in my life, I feel a little better knowing that at least I am not doing yoga. Maybe the asylum process will be like that for you (x1000). Congrats again and good luck with the PhD, Jason
Hello sir,
Hope all is going well and in advance i do like to be appreciated for your all help!
One of my closest friend has gotten final approval from asylum court about 2 weeks ago and for sure he is granted now.
He thought he has to go to get info pass from USCIS and get I-94,…he is calling every day to get appointment but LA county is so busy and he is still pending!he called his lawyer which he is one of the best in California and asked from him about this matter and lawyer has told him it’s not important to do this process exactly after one year of your approval in court let me know to apply for green card!my question is getting I-94 is necessary?and after a year without doing this process is he able to apply green card!he trust to his attorney a lot but just making sure!
Regards
I do not know, but if we win a case in court, we always have the client go to an info pass appointment to get the I-94. I guess it is possible to do without the I-94, and I understand the reason not to bother (since USCIS has made it very difficult to get an info pass). For me, I would try to get the appointment, I just think it is better to have the I-94, but if your friend has other documents (EAD, driver’s license, RTD), maybe he can do without it and just apply for the green card when the time comes. Take care, Jason
Hello Jason,
Thanks very 4 your continued gracious unpaid counsel. Truly appreciate it.
I have a pending GC application based on asylum (5 months).
In a hypothetical situation:
— Is it possible and legal to acquire a passport from a 3rd country then use it for travel since some countries don’t accept RTD?
–The trip will not be to my country of origin
If you do that (get a passport from a third country) before your green card is approved, you could lose your asylum status in the US. Even if you do that after the GC is approved, you could face issues, since USCIS may think you had the citizenship all along, but did not tell them. It is probably safer to use the RTD and for countries that will not accept it, use your passport. But of course, that could also cause issues, especially if you fear persecution from your home government. The US government may wonder why you used the passport, and you would need to explain. Take care, Jason
Hello Jason
Thank you for your unlimited support. You’re only amazing. I have a couple of questions for you.
* There is a date of birth error for my family member( contradicts on the document I have submitted). I was really frustrated that could cause a problem but luckily USCIS approved my I-730 and transferred the case to the National Visa Center. Do you think I may still have an issue with NVC and the embassy or I don’t have to worry since USCIS already approved it?
* I know it’s hard to predict the exact time but from your experience, how long do you think it will take for the rest of the process including the 1 month of NVC time plus the consular office in my country to acquire the Visa for my family?
Thanks a lot, in advance!
Would you please mind sharing the timeline for the I730 you filed?
When and where did you file it?
1 – I think you could have a problem with the embassy or NVC. Make sure your family member has a copy of all documents you submitted, to show that you gave the correct date of birth. You might also call USCIS at 800-375-5283 and see whether you can talk to a person about the error. Maybe there is a way to correct it with USCIS. You can also send them a letter, but calling might be better, as the letter may be too late (since the file was probably forwarded to the NVC). You can also try communicating with the NVC, but I do not have a good contact info for them any more. Maybe see what documents they send you and see whether you can explain the issue to them. 2 – Different embassies are different. We have seen it take a few month or more than a year. Mostly, they seem to be resolved by the embassies within maybe 6 months, but it is really too variable to predict. Take care, Jason
Hi Jason,
I sent a renewal for my EAD at the beginning of September and my current EAD expires on January 10th. I checked my case status online and all I’m seeing is ” my Case Was Updated To Show Fingerprints Were Taken”As of October 3, 2019, fingerprints relating to your Form I-765,… Is this normal? How long will it take to receive a renewal EAD?
Thanks
We are seeing renewals take 4 to 7 months. Once you get the receipt, that automatically extends your old EAD bu 180 days. Take care, Jason
Hi Jason,
Thank you for your informative blogs. Your posts and responses to queries in comments sections are really helpful.
After speaking with a few friends that had their asylum interviews, they weren’t satisfied with their attorneys stating that their attorneys didn’t do much to help them succeed getting approval. I personally understand there are a number of factors involved in having a successful interview. Have you ever written a post about responsibilities of clients and attorneys and what are the dos and don’ts that both clients and attorneys should go through before interview to prevent the blame game. Thank you!
I wrote a post about what attorneys should do for clients on March 2, 2016 – the part about attorney responsibilities is near the end of the article. There is a lot that the lawyer should do prior to the interview, but at the interview itself, it is a conversation between the applicant and the officer. The attorney’s role is very small (take notes, make a short closing, maybe asking a few clarifying questions). It is different in court, where the attorney has a much more active role. Take care, Jason
Amazing work Jason! Was wondering if you could help me out on a dilemma, I was born in Pakistan, but now hold LPR/GC based on asylum (long story short it had to do with mostly non-state militant groups than government). Will I run into trouble if I now renew my Paki passport to use it in countries where RTD doesn’t work?
DETAILS: Went to Saudi first time last month, Saudis detained me at the airport, said they don’t recognize US RTD, were about to deport me, and I had to unwittingly use my Paki passport to enter Saudi. Now, I’m a postgrad, my field is Middle Eastern Studies, and my research will take me to Saudi a couple times over the next year, I never renewed Paki passport, and its expiring soon.
I have had clients do that and they did not have an issue. Mostly, they were people like you who feared militants, not the government, so if you are questioned, you can at least explain that. It is better to keep a valid RTD anyway, for purposes of re-entering the US, and to use for those countries that will accept it. Take care, Jason
Hay Zamra, would you please share your timeline, I am too from Pakistan and waiting since 2014. thanks
Hello, I just want to ask you if you traveled with a visa issued from the Saudi consulate on your travel document.I want to know because I am planning to visit my my mother who is in Saudi Arabia now .
Thank you Jason for all the advice. I had my asylum interview today in NJ. So thought of sharing the timeline for others to get an idea:-
Application filed – 10/5/2017
Interview – 1/16/2020
How was your interview
How was your interview i have interview next week please guide me
Thank you. Good luck with the decision, Jason
Approved. Thank you for your valuable information.
Hello how are you my interview was also in newark staff is so nice they have knowledge about your country situation. I wish all is well . When you will get your results . I wish you will get approved dear
Dear sir ,
I have asylum interview next week. I applied for expedite my case three months ago and they denied . What i should ans asylum officer if he ask me about why you expedite please ans me . And wish for me it was long time
I doubt you will be asked about that, but you can just explain why you wanted to expedite. There is really no wrong answer, as long as it is consistent with the documents you submitted when you asked to expedite. Good luck with the interview (by the way, I did a post on September 8, 2016 about interviews – maybe that would help). Take care, Jason
Hi jason. I am Asylee. I applied i730 for my family in my home country 17 months ago from NY and applied for my GC 5 months ago. My both cases office is Mesquite TX. Now i wanna move to California for job. California has office in Nebraka. If i move my both cases to califonia then due to change of office, can it effect slow my both cases?
I do not know whether it will slow things down (who knows? Maybe it will make things faster). If you move, you have to file a change of address for each pending case. Use form AR-11, available at http://www.uscis.gov, and you can file the change of address online. Take care, Jason
Hi Jason,
Did you see the asylum statistic recently release by uscis? It seems the backlog is grwoing to 340k
Thanks
I will write a piece on them when I have time, but it does seem that the backlog is still growing. Take care, Jason
Hi Jason,
When it’s says final hearing date on the phone and in the letter from court, what does that mean?
Because my lawyer said we are just going to appear and they will give us another date? So that will be the third time at court before seeing the Judge ?
Am lost please
I have never heard it say “final hearing date” on the phone system. Usually it says Master Calendar Hearing or Individual Hearing. The former is very short (but important) and the latter is where you present your case to the judge. Take care, Jason
Hi Jason thanks a lot for the help and attention you given us for free,God will bless you .
I was referred to the Immigration court last year and when I got there on the first date they said my information is not here yet, so 6 months later they mailed me a letter saying my Master hearing date (which is next month ) and I told my lawyer but he said I should go alone ,his not going with me because they will give me another date again and that’s when he will represent me and present my case to the judge .
I just need more explanation about this please ….
I do not think a lawyer should do that – it is the lawyer’s duty to be present at the Master Calendar Hearing. If your only strategy is to cause delay, lawyers will sometimes recommend that you go to court the first time without a lawyer, but if you already have a lawyer retained, I do not see how you can do that. I wrote about MCHs on March 7, 2018. Take care, Jason
Hello Jason,
My case was referred to court last year June,which I went and they told me go back and wait for new date and letter in my mail ,I received the letter and it’s says next week(I called the number and it’s says same thing, but not the lawyer said I should go alone because they will still give me another date for the final hearing !!! Am very worried and confused right now.
I wanna know if its true or not and when are going to speak to the judge with our lawyer…Am very worried
Thanks a lot Jason.
If you have a lawyer, it is much better to go with the lawyer. If this is your second court, the judge will want to know why you have not yet found a lawyer, and this will look bad if you hired a lawyer and he is not there. Alternatively, if you say you do not have a lawyer, it looks bad for you (in the eyes of the judge). Also, you have to enter your plea to the Notice to Appear and state what relief you are seeking. It is better to do all this with a lawyer. Maybe the lawyer can write a letter that you can give to the judge, indicating that you only learned about the hearing last week and he cannot attend due to a conflict? It might be worth a try. Otherwise, you can probably proceed without a lawyer and maybe get scheduled for a final hearing, but that is not ideal. Take care, Jason
Hi Jason,
I’m from Cameroon and my wife and child are from South Africa. I’m the principal applicant and we’re Asylee and have Green Card. We’re planning a trip to South Africa. Please I have few questions.
1- It’s possible for me to travel to South Africa even if I reside there for few years before coming to the US using RTD?
2- Since theirs South African Passports are still valid and they’ll use it to enter South Africa, It’s mandatory for them to use RTD to re-enter the US even if they have GC?
Thank You
1 – If you have the green card, it is fine, but the RTD is only valid for one year, and so you would need to return to the US before it expires. Alternatively, you could try to get a re-entry permit (also using form I-131, available at http://www.uscis.gov), and those can be good for two years, but only if you’ve been in the US with a GC for some period of time (maybe a year – I forget; you have to check the instructions). However, it is better to have an RTD, as the Re-Entry Permit requires you to use your Cameroonian passport, which could cause problems for you, since you have asylum from Cameroon. 2 – For your dependents, they can re-enter with the GC, but if the (or you) remain outside the US for 6+ months, that will not work. They will need the Re-Entry Permit or the RTD. If you plan to leave the US for more than 6 months, it is not a bad idea to talk to a lawyer to get some advice about what you should and should not do, as it is possible to lose the GC by staying outside the US for too long. Take care, Jason
Hello Jason, Thank you for your respond on this.
I wanted to add question to your answer:
1. If he is traveling to south Africa and not to Cameroon only for 1 months, can he use his national unexpired passport with his Green Card? or is it still recommended to get RTD or Re-Entry Permit?
2. If he is only traveling for 1 month, can he still use his National passport to get visa stamped and travel and come back and use Green Card to enter the US?
1 – It is always better for as asylee to use the RTD, even if the asylee already has a GC. I have had clients who traveled with their passport and had no issues, but the fact is, you could run into problems, especially these days when the US government is so aggressive towards asylees. 2 – He can try that, but the US government might think that his asylum case was fake since he is now using a passport form the country that persecuted him. He may have no problem doing this, but he also might have a problem. There is no question that it is safer to use the RTD if possible, but some people accept the risk (which is probably small, but it is real) and use their passports. Take care, Jason
Hi Jason,
I’ve been interviewed for my asylum case 2 years ago. Now I created myuscis account and the status said I completed interview last May 2019 which I did not. Please advise if you have some experience about that. Thanks
The online info is not always accurate. I do not know whether it makes much difference, but if you want, you can email the asylum office to ask about this. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I’m from Iran and my asylum is approved. Would there be any issue if I travel abroad and come back? I understand extra holds at airport (asylees always sent to Secondary regardless) but I don’t even have Iranian passport anymore and will travel with US Refugee Travel Document. I don’t have any criminal records or any affiliation with Iran government (in fact I’m escaping from them that’s why i’m an asylee). Can US deny entry just because I’m from Iran?
My second question: my Refugee Travel Document is expiring in 3 months and I already applied for a new one (fingerprint is done but case is still pending). Can I use my old RTD to travel and come back to USA before it expires?
Thank you!
Normally, you are supposed to send the expiring RTD along with your application for a new RTD, so hopefully you will not have any issues with the new RTD. As for travel, as long as you have a valid RTD, you should be able to re-enter. I do think it is possible (and probably likely) that you will have to deal with secondary inspection, but I do not think you can be denied re-entry as long as the RTD is still valid. Take care, Jason
Thanks.