The debate over immigration–legal and illegal–has become more divisive and seemingly more intractable in the face of the current Administration’s hard-line policies. In a democracy, ideally, people with different views about immigration would talk to each other and reach some type of compromise solution. That is difficult with any issue, but it is particularly problematic when it comes to immigration. There are many reasons for this, but for me, one reason stands out: Immigration is an all-or-nothing proposition.
What I mean is, under the immigration law, either a person gets to stay in the U.S. or they get deported. There is no middle ground. Contrast this with the criminal law. If a person robs a bank, for example, there are a wide range of responses available under our system of justice. The person could be sentenced to jail (for a short time or a long time), or fined (a lot or a little), or given probation. Perhaps the bank robber is a good candidate for rehabilitation and can be placed into a program to obtain appropriate services. In short, a criminal judge has many options, and can–theoretically–tailor a solution to fit the particular circumstances of the case. Immigration Judges have far fewer options.
When a person is placed into Immigration Court, it is for one reason: The U.S. government believes that the person should be deported from the United States. The charging document, called a Notice to Appear (“NTA”), lists the reason(s) why the “respondent” (the non-citizen) can be deported. If you look at the allegations in a typical NTA, you will see: (1) You are not a citizen or national of the United States; (2) You are a citizen and national of country X; (3) You entered the United States on a particular date with a particular visa (or without a visa); (4) You overstayed your visa and no longer have permission to remain in the U.S., or you committed some act (such as a crime) that makes you ineligible to remain in the United States. Sometimes, respondents deny the allegations. Maybe the government got it wrong. Maybe the person is not deportable. Usually, though, the allegations in the NTA are correct, and the respondent concedes removablity, and proffers some type of defense to being removed. Common defenses include asylum, Withholding of Removal, relief under the Torture Convention, Cancellation of Removal, and adjustment of status. There are also other, less common, options. At the end of the day, the respondent will either be granted relief based on one of these defenses, or he will be ordered to leave the United States.
Under this legal regime, there is basically no opportunity for compromise. The respondent wins everything or loses everything. One exception (sort of) is the asylum applicant who receives the “lesser relief” of Withholding of Removal or protection under the United Nations Convention Against Torture (“CAT”). An applicant will receive “lesser relief” where she is ineligible for asylum. Committing a crime could render a person ineligible. So could missing the asylum-filing deadline. Asylum is the better form of relief, since asylees can bring immediate family members to the U.S., can travel, and can eventually get their green cards and become U.S. citizens. People who receive Withholding or CAT can stay in the country with a work permit, but they cannot bring their family members here, travel or obtain their green cards or citizenship. This type of “compromise” (if it can be called that) leaves the respondent in a strange limbo: Here, but not here. Unable to feel secure in their status or stable and safe in the U.S. It also seems unfair, at least to me, to “punish” asylum seekers with lesser relief when their only mistake was to file late for asylum. Why should such people be treated the same way as criminals under the asylum law? So for me, if “lesser relief” in an asylum case is a compromise, it is a poorly thought out compromise, which has little basis in equity or justice.
I wonder if there could be another model. Is there a moral middle ground that allows qualified respondents to stay and feel secure here, but that does not completely ignore past immigration misdeeds? In other words, is there a way to satisfy Americans who don’t want the government to grant amnesty to law-breakers, but at the same time, to provide a viable path for respondents seeking relief in Immigration Court?
One could argue–convincingly in my opinion–that the existing immigration system does not give immigrants a pass, even if they do receive relief. For one thing, it’s not cheap to obtain a green card or citizenship ($1,225 and $725, respectively, if you only consider direct fees to the government). Also, most immigration applications (with USCIS or with the Immigration Court) take a long time. If you do receive relief and then want your family members to join you here, that process will usually take additional years. So even in the best case, immigration to the U.S. is not easy and not cheap.
Although respondents pay a price (in money and time), the current immigration system does not provide the type of flexibility available to judges in criminal or civil cases. So what can be done?
One possibility is to impose fines on respondents who violate the immigration law. If relief is granted, the Immigration Judge can determine whether a law was broken, and if so, whether a fine is appropriate, and how much. Relief would then be conditioned on completing payment of the fine. Of course, a major criticism of fines (in civil and criminal cases) is that they are a tax on the poor, and that they prevent people from achieving financial stability. In the asylum context, fines would likely be inappropriate, since it is perfectly lawful for anyone–even people who do not have permission to enter the country–to seek asylum. But in other contexts, fines might make sense.
Another possibility is to impose a waiting or probationary period on people who are granted relief. This already happens in certain cases (and indeed, the green card itself might be viewed as a type of probation, since it can be lost for not following the rules). For example, there are only a limited number of green cards available through Cancellation of Removal, and so if such relief is granted, the applicant usually has to wait (for a year or two) before a green card is available. This is akin to “waiting your turn,” which seems so important to people concerned about immigrants “jumping the line.”
Finally, in some cases, it may be appropriate to impose certain conditions on people who receive relief in court. For example, if an applicant has a prior conviction for DUI, perhaps the Judge could require the applicant to attend AA meetings or complete community service. For people with other criminal issues, maybe anger management classes would be appropriate. In some cases, maybe English classes or job training would be important. Final relief could be contingent on fulfilling your court-imposed obligations.
All these ideas are imperfect and preliminary. Perhaps it’s a fool’s errand to try to satisfy those who oppose “amnesty” for non-citizens. Maybe the lesson of the Trump Administration is that policy is made by imposing our ideas on others and eschewing compromise. Maybe. But for me, I still have hope that we can reach a point where civil discourse and reasonable compromise are possible. And certainly, as the political landscape continues to change (hopefully, at some point, for the better), we should be thinking about ways to re-work our immigration system so that more Americans have a stake in that system and feel that it serves their needs. Giving Immigration Judges more flexibility may be one path towards that goal.
Hi Jason,
If i file N-400 online to USCIS, may i know how long will it take to receive a receipt notice?
Thank you for your assistance
I never filed it online, so I do not know. Maybe someone else here knows. Take care, Jason
Its been 7 month since my interview in Arlington- its soo unfair i waited 5 years for interview i dont know how long will it take to wait for decison- a man i know he went from Colorado back to his home country after five years of wait no result i heard today he was killed upon arrival- the credit goes to this this lenghty process and USCIS.
I wanted to go to but i felt that still risk are at their place!! I dont know what to do I inquired alot no result they dont tell us d truth—-
Can I expedited the decision!! Im dealing with a tough depression this waiting for decision was hardest then to wait for interview
Please guide me
You are not on your own . I have been waiting for the decision for over 3 years but can never go back because I will just be killed like the person you are talking about
You can contact the asylum office to inquire – You can find their email and office hours if you follow the link at right called Asylum Office Locator. Also, if you have some evidence of your depression and how the wait is making your health worse, you can submit that and request an expedited decision. Take care, Jason
Hi Mr.Jason. Thank you for your enormous help!
On December 2019 I have got my recommended approval in Newark office, and my work permit application was approved in just one week after that. I am just so frustrated about the waiting time for recommended approval. For my situation I was a political activist and writer in Tunisia with two names ( Legal name and pen name) , would that cause a long delay? Another question that I consider super important: is the background check only based on security matters ? or will a supervisor review the whole case and decide again? Thank you again for your great support!
I suppose the different names could be the reason, but lots of people with only one name also experience such delays. If you want, you can email Newark to inquire about the case status – you can find their email if you follow the link at right called Asylum Office Locator. The Newark office is pretty good (in my experience) and so hopefully, they will issue a final decision soon. As for the decision itself, I think it is very unlikely to change. I am not sure if we have ever seen an RA change to a denial. My guess is that the supervisor reviewed it prior to issuing the RA, and the only issue now is the security background check, which can be slow for people – especially men – from Muslim countries. Take care, Jason
Thank you so much Mr.Jason! I appreciate how much effort you put in this blog to help people. Actually luckily after a long time the online status of my cas changed from “Case Pending” to the following: “On February 24, 2020, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number ZN….. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by March 25, 2020, contact the USCIS Contact Center” Do you think that the background check was done? is that a good sign? Thank you so much !
In my opinion, it is best to remain cautious, as you can never tell for sure from their on-line messages. However, in some cases, when the fee is waiver, it indicates an asylum grant. Hopefully, that will be the case for you. You will have to wait for the decision in the mail to know for sure. Good luck, Jason
I had to leave U.S. with pending asylum EOIR case.
Hello. I had to leave U.S. with pending asylum EOIR case (individual hearing after two more years). I had to leave due to serious threats to my family. Despite the large number of letters to the court on my part about a dangerous situation with a request to allow my family to enter U.S. or to reschedule my hearing date I did not get any response. The last letter repeated the previous problems and described my problem with the passport, there were very few time to passport expiration. Having not received an answer again, I had to leave the country a few days before the passport expired in order to prevent possible dangers for my family, despite the risk of being arrested in my country. I’ve been in my country for 4 months now, hiding with my family in one of the villages. Is there any way to help me?
Unfortunately, the system is very slow and not very helpful for people who have emergencies. At this point, I imagine that you would be considered deported, since you left while the case was pending. This probably means you have a 10-year bar to returning to the US. It may be possible to get a waiver of that bar, and return sooner, but that will be difficult. You can talk to a lawyer to see if there is any way to help, but I do not know any easy way for you to return to the US at this point, and you may also want to explore other options for seeking protection in a different country. Take care, Jason
Hi Jason,
I have couple questions if you don’t mind
1-how long takes these days for asylum cases ? (Seattle )
2- my son is usc can we apply for adjustment of status and asylum at the same time ?
Would that cause or have any effect on each other ?
1 – I am not sure, as Seattle is a sub-office of San Francisco. Like all asylum offices, they are operating under LIFO, meaning they do new cases first. I do not know how quickly they are addressing backlog cases. 2 – If he is over 21 and you entered the US legally, you are probably eligible to adjust status. Talk to a lawyer to be sure. Also, I wrote a post about adjustment for immediate relatives on August 2, 2018 – that may help. Finally, there is no reason you cannot do an adjustment case and an asylum case. Just be sure that everything is consistent between the two cases. Take care, Jason
Hey Jason,
I applied for an i730 for my spouse in August 2018 at Texas SC. On November 13, I got a letter stating that my file was moved to the Nebraska SC for faster processing but I haven’t heard anything so far. What is more concerning is the fact that the inquiry date for the center is Feb 2019 and when I tried to file an “out of normal processing times” query or talk to USCIS directly they say that I am still in the normal processing period and it says -180 days which is consistent with the Texas SC. Should I be concerned that my file is still in Texas SC or worse lost? And is there anything I can do to check? In your experience do transferred cases take a while to be seen by the SC regardless of the fact that they were filed before the current files they are processing?
Sincerely,
Nat
I am not sure, but I do not have a lot of confidence in the posted processing times, and the I-730 forms in particular seem to have an ever-changing processing time. I think you can follow up with another call. Also, you can contact the USCIS Ombudsman – a link is at right. They can sometimes help with a delayed case, as can your Congress person. Also, I did a post in December 2019 with a link to a lot of useful info about the I-730, including (I think) info about what to do if there is a long delay and maybe info about trying to expedite. Take care, Jason
I appreciate your help, Thanks Jason!
Jason,
I am also getting confused on Texas center case processing time, I just saw it and is btn 23-29.5 months and back again to September 2017. Days ago it was btn 19-24.5 months and dated to January 2018 (something), what is wrong?
I really do not know, but the processing times for certain forms seem to be constantly changing. I guess all the times listed are relatively similar, so maybe that gives you a rough idea about the “official” processing time. Take care, Jason
Hi Jason,
I am on a pending asylum case since dec-2016, last year I got married to a US citizen and we filed for adjustment of status, last week took the interview and seems like the officer is going to approve our case, she just mentioned I will have to send your case to asylum office if I decided on approving your case, just wanted to know what’s going to happen next, is this what happen usually?
Thanks
I am not sure about that. Normally, when we do a case like this, once you have the GC, we send a copy to the asylum office and ask them to withdraw the case. Maybe they need to verify info related to your asylum case and make sure there are no inconsistencies. If the process takes a long time, you may want to contact the asylum office directly or call USCIS to inquire about the status of the case, but I would give them at least a few months to see whether they just make the decision. Take care, Jason
Jason,
I’m trying to get through the debris of the I-485 form (asylum granted) and want to confirm a few things:
1) If there is a field that doesn’t apply to me, it should have “NA?” Basically, no blank fields anywhere (checkboxes might be empty).
2) Page 2, 23.a. Form I-94 Arrival-Departure Record number. This should be the number from the latest I-94 form attached to the approval notice?
3) Fields “Zip code” and “Postal Code” Are those the same? Should I put the same zip code in both or leave NA in the Postal code?
4) Field “Province” I guess there are no provinces now? At least in cities like New York or DC?
5) What goes to the “Country” field? “United States?”
6) Part 8. Question about membership in groups. I guess a religious affiliation should be entered here? Especially if the asylum is about religion. What should goe to field 4. “Nature of Group? “Religious?”
What about all the other memberships? If one is a member of the Metropolitan Museum — it probably shouldn’t go here? Pretty much any donation to a non-profit makes you a member of some group. How to deal with it?
7) Part 8 Question 23. “Have you ever applied for any kind of relief or protection from removal, exclusion, or deportation?” If the torture convention box in the original application was checked, does it mean that here a yes should be chosen?
8) Part 14. Additional Information. What does “Item Number” mean here? The number of the line in the respective section?
It seems you might have misunderstood some of the questions and/or you’re answering some of the fields that don’t apply to you. I can see that in your 5th question. Also, under one question, you don’t need to literally put N/A in every single field that needs to be empty. For example, if you were never married, write N/A in the first field of that question (usually the first field would be asking for their surname in this specific example.) Don’t write N/A in every single field in that same question. Just to be on the safe side, have someone look over your application before you submit it. This will save you alot of time and increase your chances of a fast approval. If you cannot find reasonably priced help, look up “pro bono immigration lawyer” on google in your area. Good luck.
Thank you, Thomas
In Question 5, I want to make sure that I properly refer to the US. Because one can put “US,” “United States,” or “United States of America” in this field.
I think we write USA, but any of those (except maybe “US”) should be fine. Take care, Jason
1 – I would put N/A. as that is safer than leaving blanks. 2 – Yes, or you can use the I-94 number from when you arrived. We have used both without problems. 3 – If you are in the US, use the zip code. I think postal code is for outside the US. 4 – The US does not have provinces, so we put N/A. 5 – Yes, if you are in the US. 6 – This is hard to answer. Just make sure you are consistent with whatever you put on the I-589 (and any other forms). 7 – Unless you were in removal proceedings (immigration court), the answer should be no. 8. I am not sure what you mean, but if you are including additional info about a specific question on the form, you can indicate which question you are referring to. Take care, Jason
Jason,
It’s extremely helpful, as always! Thank you!
Jason,
For part 8, Q.23, we usually answer “yes” and in the “additional info” section, we explained that the client applied for asylum- regardless of whether the application was filed defensively or affirmatively. Remember that the I-485 form is not only used by asylees. We also make sure to say “as a precaution, we are answering ‘yes’ to this question…” Submitting an I-589 is essentially applying for protection from removal or applying for relief.
I respectfully disagree – I interpret that question as asking whether the person sought protection from being removed, which can only be done in Immigration Court (where the government is trying to remove you). That said, it seems to me that your answer is fine, and may even be the more cautious approach. And these days, you cannot be too careful. That said, I think if a person has not been in Immigration Court, they can safely answer no, as we have done that many times with no problem. Take care, Jason
For a few months you said California is one of the fastest offices now you say you were wrong , so should we take your words literally or no ? Immigration related decisions can have a big impact on someone’s life . Please verify the facts first .
Hi,
Please be polite. Mr Jason always mentioned information can change .We all know that immigration situation is tough but we have to say thanks for people who support us. Thanks Mr Jason for your time answering community questions.
LA was a fast office, but I do not know whether that is still true. The “speed” of the different offices is changing pretty regularly, and I do not post info here unless I have heard it from a reliable source. That said, once the info becomes a few months old, it may no longer be accurate as things are changing rapidly. Take care, Jason
Hello “HI”,
Please be respectful to Mr Jason. He is one of kind person I ever know of. You have no right to talk to him this way. Please try to write 250 word essay you will know how much effort it takes to write something. We are not paying him for this blog. He even does not run ads on the this page. If you do not like his information please go somewhere else. Thank you
Please dont post nonsense about Jason on this platform.
If you don’t appreciate his enormous help please go somewhere else.
Thanks
Dear Hi,
I dont understand what you mean, I am following this blog since like 5 years ago and I never seen asylum office called California. As far as I know the office in los angels covers some part of southern california and Arizona [it is one of the slow moving office for many years[. The second one is in San Francisco, that office was the fastest back in 2016 and 2017 [I am not sure after LIFO). So please specify your question and do your research before blaming this gentleman called Jason🙂
Hi- please be mindful that Jason is offering his own time and free services to help us. No lawyer would just answer all questions from everyone who questions him- but he does..Let’s be grateful..If the facts are wrong- correct them in a polite way- and besides- Jason doesn’t make the rules– some of us were granted asylee status- THANKS TO THIS BLOG AND JASON!
I am writing here to express all my gratitude for you Jason, what you say helped me a lot during all the process, and your blog is a big asset for all displaced people in the world, let me share my processing time here:
Application: 07/26/2019
Interview: 12/3/2019
Recommended approval : 12/17/2019
Final Approval: 02/21/2020
Thank you for sharing and Congratulations on the approval. I wish you best of luck in the USA! Take care, Jason
Mr.Jason
I know this question here might be out of the blue but I only trust your advice: actually I received my EAD with a start validity date from 2/20/2020 and I started immediately working, now I received my first paycheck with this : pay period : 2/15/2020 to 2/28/2020. Would this put me in serious trouble since the pay period is five days before the validity start date of my EAD? Should I ask my employer to change my payc before deposing it or is there anything else to do? Thank you so much!!
As an asylum seeker, working without permission has no effect on the asylum case. Down the road, if you win the asylum case, there may be some question about whether you worked unlawfully. If so, you should explain this period of “illegal” work. Otherwise, USCIS might accuse you of lying about working illegally. If you explain it, you should be fine, but if USCIS thinks you are trying to hide it, that could create issues. If your employer can easily correct the dates to reflect that you started work on 02/20, that may be better, or perhaps the dates on the paycheck reflect the pay period and you did not start work until 02/20. If so, it might be a good idea to have a letter from the employer indicating this. That way, if you ever need it, you will have proof that you did not start work until you had permission. Take care, Jason
@HI,
Your ungrateful attitude would have more negative impacts on you than immigration.
Wonder how you had the effrontery to type that piece of trash.
Hi Jason,
My son and hubby got their Asylee green card application approved with their card, I am the principal applicant but my case is still pending, should I be worried?
Thanks
Hi Asylee,
How long did it take for their green card to be approved? And which office handled your application?
Thanks!
I doubt you should be worried, as different applicants’ cases take different periods of time, and it is common for family members to have their cases decided in different time frames. However, if you are outside the processing time (which you can check at http://www.uscis.gov), you are call to ask – their number is 800-375-5283. Take care, Jason
Hi Asylee
Can you please share your timeline?
Hi, Jason, do you know why some cases are sent to another offices, I applied for EAD renewal and I sent documents to Texas(I’m from NY), but I received receipt from Nebraska, and my case will be processed there now. My 1st Ead was processed in Texas Service Center ( I received my car within a month), when I looked processing times on the website today it clearly shows that Texas is processing cases faster than Nebraska. So what do you think was the point to send the case to a slower office?
USCIS moves cases around depending on the workload. My impression is that this is routine and has been going on for a while. Take care, Jason
Hi Jason,
I have been waiting for my initial EAD for more than 4 months. I recently contacted the Congressman and his office contacted the USCIS. Based on their response to the congressman, my application is assigned to an officer. Also, the response says that I will hear something within the next 14 days. What do you think? Do you think their response is believable especially to a Republican as it seems they are very much pro-republican instead being pro-law..lol?
It is believable, but whether or not you will actually get a decision in 14 days, I do not know. Just be prepared to follow up if nothing happens, but this seems like a hopeful sign. Take care, Jason
Hi Jason
Thank you so much for your support. I wanted to ask a similar question. I have applied for asylum while i was in lawful presence on b2 visa. I got 6 months stay but I applied asylum in 4th month and at present my case is in immigration court scheduled for Individual hearing. I want to know if in case of family emergency i had to go out from US to third country(not my COP) and then tried to come back with my valid b1b2 visa. Will i be given entry ? Is there any chance that i could be detained upon approval. I know if you move out of the country while case in court you actually have self deported urself. But is there any way that you can i come back using b1b2 visa ?
Or reopen your asylum case.
In this case, it sounds like you are not subject to the bar to return. However, if you leave without getting Voluntary Departure from the Judge, you will have a 5 or 10 year bar to returning (because you were ordered deported – I think it is 10 years, but I can’t remember). If you get Voluntary Departure and leave, you should have no bar to returning. However, you could still be denied entry as a matter of discretion. If you do that, you might want to talk to a lawyer before you come back, to try to determine whether you will be permitted on the B visa to enter once you return here. Take care, Jason
Hello, Jason! Thank you for your blog!
I’ve sent you a description of my case to JDzubow@DzubowLaw.com yesterday. Did you receive it? I would like to know your opinion.
Best,
Ivan.
I believe I responded to the email. Take care, Jason
Dear Jason! I’ve checked all folders in my email box, but can’t find your reply.
hellofriend1980@hotmail.com is the email address.
Could you re-send it again, please?
Best wishes.
If you have a specific question, you can ask it here and I will try to answer. If you would like to arrange a consultation, you are welcome to email me again to arrange that. I cannot answer questions by email. Take care, Jason
Hi Jason,
thanks for all you do.
I applied for asylum back in June 2017 and still yet to get an interview date, do you have an idea when I can possibly be interviewed based on the current trend, My case is in the Arlington office.
thanks
Supposedly, Arlington will be speeding up, and they announce recently that they hope to complete all their backlog cases in the next two years. We shall see, but they do seem to be moving faster, at least on new cases. You can always try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
I applied for I-765 renewal back in september and all I-765 applications before and after my case number have been processed. I already called to raise a case status but no answer yet. Contacted Senator case assisting office and they said they have contact uscis with the inquiry. When Should I try ombudsman?
Thank you for all you do
The wait times for EADs (and everything else) seems less predictable than ever, so it is not surprising that you did not get the EAD yet. We see renewals taking up to 7 months and first time EADs are usually 3 to 6 months, or so (they used to be about 1 month). I think there is no harm in contacting the USCIS Ombudsman, but I doubt it will make much difference and I expect you will get the new card soon. Take care, Jason
Do you know what the heck is happening at Los Angeles office ? I have been waiting for years .
It is slow, though I thought things were moving there in recent months. You can always try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason, thank you for your reply. FYI my sister, her husband and son applied for first C8 I-765 on 01/21 and they all got the “card is now being produced” notice yesterday. So, I guess they were lucky since it has been less than 30 days.
Hi again Jason,
I got response from the congressional unit. My case is delayed because of a background check (this is a renewal C8 EAD and my first C8 EAD wasn’t delayed at all). I even got my renewal OPT in less than 2 months when I did it 3 years ago. I guess it’s random checks, have you had any case like this before? They told me to get back with them if I don’t receive a response in 60 days. I don’t like the waiting game but whatever.
Thank you for all your kind responses Jason, you are one of the best human beings I have met (even through a website).
I think such delays are becoming more common, but I am not sure whether we had such a case yet. Renewals seem to be taking 5 to 7 months for most cases, and there is not a lot you can do to speed things along. Hopefully, you will get a new EAD soon, but at least the Congress office seems responsive, so you can follow up with them if need be. Take care, Jason
Can I ask a 3 year/ 10 year bar question: So, if I want to abandon my non-interviewed, affirmative asylum application, pending for 3 years and go out of the country immediately after abandoning…Suppose I am able to secure a B-2 visa in the future. Will I be subject to the unlawful presence bar ? During the 3 years, no other status. Is the time spent during asylum pending unlawful stay ?
I mean if I try to enter US ?
Hi Jason pleas how long takes to approve I-130 and what’s the next step while Im inside usa
Processing times vary depending on the I-130 category. For immediate relatives, it is probably 6 months to a year. You can check the processing times at http://www.uscis.gov. I wrote about getting a GC based on a family relationship on August 2, 2018 and August 28, 2018. Maybe those would help explain the process. Take care, Jason
The time spent with asylum pending in the US is not considered unlawful presence for purposes of the 3/10 year bar. So it depends on when you filed. If you filed for asylum while you were still in some lawful status, you should have no unlawful presence. However, if you went out of status for 6 or more months before filing for asylum, you probably do have unlawful presence and probably are subject to the bar if you leave. Either way, it may be difficult to get a new non-immigrant visa given that the visa can be denied as a matter of discretion or if the embassy thinks you will overstay your visa and remain in the US. Take care, Jason
Thanks so much !!! I was so worried, I guess I should use examples like, in the future, when I obtain some of dual intent visa or as a derivative beneficiary of permanent residence. So just to confirm, a person doesn’t need to become an asylee (win asylum) in order to have his/her timely filed(while in status) asylum application pending days not counted as unlawful stay, right ?
Correct – there is no unlawful presence during the period that an asylum application is pending, regardless of the result of that application. Take care, Jason
Hi Jason,
Im confused. I think in your post from August 2018 you said, pending asylum is not a lawful presence! Assuming that someone filed asylum when he had valid visa status snd continues staying here with pending asylum after visa expiration, does he still have to leave the country to get green card? (GC through marriage with green card holder or job)
For purposes of adjusting status, you have to be either in-status (and asylum pending does not count) or be an immediate relative of a US citizen (spouse, parent of a US citizen over 21 years old, or child under 21 of a US citizen parent) in order to adjust status and get the GC without leaving the US. There are some rare exceptions (maybe I mentioned them in the post on August 2 and August 28, 2018). So if you married a person with a GC, and your only status now is asylum pending, you most likely have to leave the US to get a GC. Talk to a lawyer to be sure, as maybe you will meet an exception to the rule, even though this is not common. Take care, Jason
Hi Jason,
I am a derivative Asylee ( Approved I-730 in the USA). I do not have any valid photo ID as all my documents are expired. I applied for Work permit (I-765) more than four months ago but I haven’t received yet. Now, I want to travel domestically for Job Interviews but I have not Valid Photo ID. Can I apply for passport to my home country embassy? What are the consequences? Is that a bad idea? I am very frustrated that why USCIS takes this long to issue an EAD for an approved asylum case. I contacted service center and the agent says that I need to wait further as my case is within normal processing time (2.5-5 Months) mine is 4 months and 15 days.
EAD processing has slowed down, like many other types of cases. If you get a passport from your embassy, it is unlikely to cause a problem, but it may depend on the principal’s asylum case. If that case was about the government persecuting the principal and the whole family, it might be problematic for you to get a new passport. Another option might be to go to the DMV with your asylum approval documents and your old photo IDs/passports. They may be able to issue you a driver’s license or state ID based on those documents alone. I doubt this will be easy, and you may need to talk to a supervisor, but it may be worth a try. Take care, Jason
Hello Jason.
I’m very grateful for all the support you provide to desperate asylum community. At least we find consolation by knowing there still few people like you who care of our distress.
One question:
Do Public charge rule applies to asylees’ dependents? If am granted asylum, do my family living abroad likely to be subject to Public charge rule if I petition for them and they apply for visa?
Thanks.
The public charge rules do not apply to asylees or asylee dependents. So if you win asylum and file an I-730, there is no problem with the public charge. However, if you get a green card and then file an I-130 for a family member based on your status as a lawful permanent resident, the public charge rules do apply. Take care, Jason
Dear Jason
We cant thank you enough.
One question
DO you know how much time to wait for a final decision after recommended decision from Arlington Office VA
Been waiting for almost 3 months
Any suggestions to what can i do. Im depressed
Thank you
There is no time frame – we have seen that take a few days or many months. You can contact them to inquire about the case – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks.
Hello Jason. I am about to get a temporary green card based on my marriage while my asylum is pending. As long as I get my GC I will revoke my asylum case. Thing is before I applied for asylum I overstayed my student visa more than 180 days. While
i was waiting for asylum I got advanced parole and I successfully traveled abroad to see my family and I was able to return back. My question is when I get green card I wanna travel abroad to see my family but I am not sure about inadmissibility grounds based on my visa overstay. Would I be able to successfully travel back to America? I know I am probably should be ok because I traveled with advanced parole. But I wanna make sure.
Thank you in advanced
If you have your GC, you are fine. The prior overstay has no effect. Marriage to a US citizen and getting a GC essentially erases the “sin” of the visa overstay. Just don’t leave for more than 6 months without the Re-entry permit and do not go back to your home country if possible, as that may cause USCIS to think the original asylum claim was fake. Take care, Jason
Does anyone know of private financial aid or college scholarships available to the children of asylum seekers in the US who have received their work authorization, but who have not had their interview? Also, what happens when the child turns 18. Parent entered with child when child was 13 and applied for asylum. Child is in high school and doing very well. She wants to become a doctor or a veterinarian. I know she’s not eligible for any government aid. I’m hoping there are other options. Any ideas?
As always, thank you for this incredible site.
I do not know about that specifically, but many colleges have an office of financial aid that can assist. My sense is that there is money out there, if you look for it. Also, with an EAD, the child can attend most colleges, but they will likely pay out-of-state tuition. Take care, Jason
Dear Jason,
Thanks for your support to the Asylum community.
=>I filed for Asylum in April 2019 at the San Francisco Office.Till now I have not been called for interview. I however have work permit already.
=>My friend filed in September 2019 and last week he received his interview letter for March 2020.
>]Please can you explain what could have happened that his interview notice came so fast?
>]Do you think I could get mine soon?
>]Could it be that I am in the backlog already?
>]My dad is ill in a 3rd country, can I expediate my Asylum interview so I can go pay him a visit?
The asylum offices try to interview all newly filed cases, but they do not have enough officers to do that. As a result, some new cases get interviewed and others do not. It sounds like you did not, but your friend did. It is just random and does not reflect anything about the case. It does sound like your case is in the backlog. You can ask to expedite – I wrote about that on March 30, 2017. A visit to a third country to see your father is probably not a strong reason to expedite (though it may work, you never know), but you can also get Advance Parole to travel to see him – I wrote about that on September 11, 2017. Take care, Jason
Hi Jason, I would appreciate your answers. 1) can asylum clock stop after 150 days passed? (I filed in 2014; got interviewed in 2017; and waiting for decision since then. I have a job offer to relocate out of my current Chicago asylum office’s jurisdiction to Seattle. I am wondering how the move may impact my case. I like to move because the opportunity is great and I am tired of my life in limbo. But I do not want to lose the eligibility to at least get my work permit too. I wish I wish only I could have a final answers after these many years while literally everyone from my country that I know got asylum and they’re to become citizens. I am tired, broken, depressed. I never thought I will eat medicine to just control my anxiety and depression; I was such a happy person. I filed the case when I was 21 and now I am 28 haha). Thanks Jason. And those who read this l, stay strong, all will be good. There’s a light always after dark. Pray for me. Thank you. Love <3
Once the clock passes 180 days, there is no effect if you move or cause a delay in your case. You are eligible for the EAD as long as 180 days have passed. Even if the clock is now stopped. I do recommend you make an inquiry with the asylum office – you can find their contact info if you follow the link at right called Asylum Office Locator. Also, I did a post about waiting on January 9, 2018. Maybe that would be of interest. Take care, Jason
Hi jason
Five months ago I received notice regarding my green card application that uscis is able to reuse my previous biometrics and today I have received biometrics appointment notice in the mail, is that normal ?
I am also in the same boat like you but mine was nine months ago. Now got the Biometric letter. I am confused too. It looks like it is system generated but not a real man working on the case.
It happens sometimes. I do not know why. But I think it is nothing to worry about. Take care, Jason
Hi Jason,
First of all, thank you for your help and support. I have a question regarding Asylee’s Adjustment of Status.
I will be eligible to apply for Adjustment in next couple of months based on my asylum grant. I was engaged in unauthorized employment while i was in student status.Will it affect my eligibility for the adjustment of status based on Asylum ? The USCIS website states that, the unauthorized employment bars to adjustment do not apply to : a)Immediate relatives b) VAWA-based applicants c) Certain Physicians and their accompanying spouses and children d) Certain G-4 International organization employees e) Special Immigrant juveniles and f) Certain members of the U.S. armed forces and their accompanying spouses and children.
Nowhere on this list Asylee is mentioned, but i heard from several people that unauthorized employment bars to adjustment does not apply to Asylum. Could you please provide your opinion on this. If this bars does not apply to Asylees, which section of the INA provides this provision ?
I think you have to reveal the unauthorized employment on the form I-485. And in any case, USCIS probably already knows about it from the I-589. I do not know whether the bar applies to asylum adjustment. However, we have done many adjustments for people in this situation and there has never been a problem. If there is a problem, USCIS can notify you and you can file for a refugee waiver under INA 209(c). This is a very easy waiver to get, there is no USCIS fee, and it should “clean up” the unauthorized employment issue. I doubt you will need it, but if USCIS asks for that, you can file it. Take care, Jason
I have a little confusion. I know as asylees, we have two options to send the I-131 (RTD) application either to Texas or Phenix service center, based on the state where we live. As I live in Louisiana, I sent mine to Texas service center but the receipt which I received was from Nebraska Service center. Do you have any idea why I received the receipt from Nebraska service center, but not from Texas?
USCIS moves work around between different offices, so things like this are common. I would assume that you are under the processing time of the TSC, but processing times are not terribly predictable anyway. In other words, I think this is fine and there is nothing to worry about. Take care, Jason
Hi Jason,
I’m waiting for my asylum decision after the interview for about 10 months now. I’m considering relocating with work to Sacramento, CA. I’m a bit worried as if they decide to refer me to court, it’s a pretty young court and there is no many stats about it. Do you have any information about this court?
Thanks
I don’t know about that court, but I think if you need to move, you should move. There is no way to predict in advance about which judge you will have, and unless the court is particularly crazy (and I have not heard that about any court in CA), you will just deal with it if the case is sent there. Take care, Jason
I know we should take anything the US government gives us and just be thankful, but I think someone should challenge the legality of CAT and bring it down. It seems like it was assembled through a legal loophole. It really doesn’t make any sense. If the foreign national is deemed un-deportable, then they should automatically qualify for any -literally any form residency (wether it be permanent or not.) Again with the all or nothing reality, except the foreign national would live with dignity. Regardless if you are for open immigration or for very restrictive immigration, I believe we can all agree that people should be treated with the minimum amount of dignity not just as respect to them, but also for them to respect the dignity and legitimacy of this country and its laws.
I agree that CAT and WOR are not great – I did a post about WOR on December 10, 2015 and CAT on April 25, 2018 discussing this. I do think in some cases, this lesser relief is warranted (for example, certain criminals), but for the most part, I agree that people should be allowed to stay here without all the restrictions and stress of these forms of relief. Take care, Jason
Hi Jason,
I have one question, my wife is a dependent on my asylum case and she just got her work permit renewed. If I give her divorce now, will her work permit get invalid and will she have status to live in the US? Or she can work and stay until her work permit expires?
If that happens, and she becomes removed as a dependent from your case, her work permit will become invalid. Usually, USCIS does not know about the divorce, and so does not send a letter invalidating the work permit, but technically, if she is not part of the case, the work permit is not valid. She can file her own asylum case (or other type of case) if she has a reason to do so. Otherwise, she will have no status in the US. Take care, Jason
Thank you Jason and others!
I read this blog every time I need some more info, and it is very helpful to me.
I applied November 2017 and interviewed January 9th 2020. And I am waiting my decision, I thought it will be take a month,but it’s not. Many people waiting decision like me. Can you tell me how can I inquire my interview decision, and how quick is Arlington office make decision.
It took 1 year after being interviewed to get my decision in the mail.
Go on a Wednesday and ask them. It helped me to do that. If they tell you “you will receive it in the mail once is ready” try and ask different questions such as “is my case with the officer”, “is it pending with the supervisor”, “is it headquarters”, “how much longer u think based on your experience”.
Asking this questions helped me…
Thank you very much , I will try as you suggested for me.
There is no time frame, as far as I can tell, but I would give them another month or two before making an inquiry. Delays of a few months are very common. Good luck, Jason
Thank you Jason! I will wait for a couple months. Hope Arlington office move faster on everything.
Today I received a notice from USCIS for my interview. I first applied around September 2016 and my interview is schedule for March 05, 2020. I am freaking out; that is only 3 weeks away!
Hi Oscar, which office did you apply? did you expedite your case or just you get your random interview?
Hi guys,
I applied in New York and no, I didn’t expedite my case at all. I was honestly surprised as I expected the case to be lost in the chaos.
I will definitely try to keep my cool and keep everyone posted about the results.
Good luck man! I applied on November 2016 at that office and I wish to receive my letter interview soon!! It’s good to know that somebody who applied close to the date what I applied is getting interview right now! I thought that would be impossible based on the stats that I have seen from that office! I wish you the best! 👍🏻
Which asylum office has your case?
Hi Jason,
My hubby and son got their green card based on Asylum after 5 month of applying and my application as the principal is still pending, can I call USCIS to inquire or what do you advise.
Thank you
It is common for different people to get their GC at different times, even if they applied together, so I think it is not anything to worry about. However, you can call if you want: 800-375-5283. Take care, Jason
Yes, this is how they do it. Why give people adequate warning about interviews? Also, in some offices, additional evidence must be submitted at least one week prior to the interview. Take care, Jason
Hay Oscar, I had only 2 days’ notice for the interview. But my case was prepared and I remembered everything that happened to me. Instead of freaking out, I spent those two days in revisiting the facts and details of my case if I am missing anything. I asked my wife to ask me any question from my affidavit and let me know if I am wrong and that is how I prepared. It was two years ago and I am still waiting for the decision, but I am thankful to God that at least I was interviewed after waiting for 4 years. So please don’t freak out and start preparations. There are thousands of applicants who are waiting for this type of mail that you got. Thanks.
This is good advice. Also, I did a post on September 8, 2016 about the asylum interview. That may help too. Good luck, Jason
Dear Jason,
The USCIS website has a list of reasons why a person’s case might be delayed. One of the reasons mentioned is that the applicant is in legal status. In your experience, does being in a legal status result in longer times till a decision is made (after the interview)? Also, do you know if the cases of men from muslim countries get sent to the headquarter for review?
Thanks and god bless
In my experience, being in legal status makes no difference, but I have seen that website, and so I guess that is possible. We do routinely see delayed decisions for people – especially men – from Muslim countries. As far as I know, such cases are not routinely sent to HQ (I did a post about what cases are sent to HQ on October 20, 2015), but they are often delayed. I assume for security checks. Take care, Jason
Is that for real ? Does that mean, as long as I am in legal status…I won’t be called for an interview ?
We have had many clients who are in status get called for an interview. Take care, Jason
Thanks for the info !
Hi Jason,
I always read here that an asylum applicant who had his/her interview and waited for long time for a decision, can request an expedition in the asylum office or send them an email or letter to speed making the decision. To my mind it seems a step before making a writ of mandamus. How true and effective is this way? And how does it work?
Thanks,
You can make an inquiry by email or in person – you can find their contact info if you follow the link at right called Asylum Office Locator. If you have a reason to expedite (health problem, for example), give them some evidence about that (maybe a doctor’s letter) and ask for an expedited decision. You can also try the USCIS Ombudsman – a link is at right and they sometimes help with delayed cases. I would do these things before filing a mandamus. Take care, Jason
In my case I spoke with my senator and he made an inquiry. a couple of weeks later I received my decision. I was waiting 5 months after being interviewed. Maybe it was luck..
Was it a good decision ?
Me and my husband filed the GC based on Asylum after one year of approval with the help of attorney. We live in the East cost and moving to mid west Temporarily. Below are my questions
1. Is it possible to move my GC application from TExas to Nebraska Service Center? How?
2. Do we need to provide any documentation to USCIS for the address proof?
3. Is it possible to keep the same attorney even after changing the states? I remember they had their license only in couple states in east coast?
4. What is your advice on changing the address ? Do you want me to leave it as is or change it to new address on our petition?
Thank you in advance for your help!
1 – I do not know about that. If you move (and normally, this means a permanent or long-term move), you must file a change of address, form AR-11, available at http://www.uscis.gov. This will cause your case to move to whatever office covers the new address. 2 – At the interview, you normally do, but for now, you just file the change of address (again, assuming this is a permanent move). 3 – Yes. Immigration law is federal and the lawyer can represent you anywhere. The only real advantage of having a local lawyer in this context is that it is less expensive for the lawyer to attend an interview. 4 – If the move is permanent or long term, you should change it. But if it is only for a few months, and you keep the old address, it seems unnecessary to change the address, especially since you will be returning to the old address soon. Take care, Jason
Dear jason, when you say to someone whos been granted asylum welcome to the USA , does this mean theyre safe from deportation. and lastly I have never read or seen it but can asylum case be reopened or terminated or is that rare. thanku
I just say that because they finally have a permanent status here. But that status can be lost if they commit a crime, leave the US for too long or their country becomes safe. For most people, winning asylum is the hard part. After that, getting the GC and citizenship is basically just a question of properly doing the paperwork (and paying for it). Take care, Jason
Have you had cases where the country becomes safe and the person doesn’t get its green card?
Lets say Venezuela… imagine Guaido takes control of the country. That doesn’t mean is safe, it will be very unstable for a long period of time and in most of the cases the fear is not due to the president but the military, police, etc… how can it be done with this?
Another example is Ethiopia, where the government persecuted people for a long time, but now, the new prime minister won the Nobel Peace Prize. Cases from there have become a bit harder to win, but we have not seen anyone lose asylum status because their country is now safe. I suppose it could happen, which is a reason to apply for the GC as soon as you are eligible. If you have a GC, there will be no effect if your home country becomes safe. Take care, Jason
I am definitely applying for the Green Card as soon as I can, its just some stark realities have hit me since getting asylum – it is so expensive to live here. My taxes this year are so high, I might have to ask for an extension to finish paying it off. On top of that, paying for the application for the GC won’t be cheap either, but its a priority to strongly solidify my safety and status here. It’s just that, this has not been an easy journey and I am lucky to have had the financial resources to see it through: lawyer fees, rent, daily living, paying taxes even when I was not in status. It’s been an expensive and uncertain journey. I can only imagine what others have been through who have to go on a wait list for a pro-bono lawyer and try to figure it out on their own be at the mercy of shelters, food banks etc.
I agree with all this. One point – you may qualify for a fee waiver for the I-485 form, and so avoid paying the $1225. The fee waiver form I-912, available at http://www.uscis.gov. Take care, Jason
Thanks for that tip Jason, will definitely be bringing up to my lawyer when the time comes!
Jason we can’t thank you enough
Thank you
Jason , I was referred to court, my wife filed her own asylum last October she has her own persecution differently from mine with evidence ,Her interview has been scheduled
Please I want to know will my referral to court affects her own case?
Thanks jason
It depends on the facts of the case, but if her case is independent from yours, it should not affect her. Hopefully, she can win and then file an I-730 for you. If that happens, you can probably close your case and get asylum based on her. Good luck, Jason