The coronavirus is causing unprecedented disruptions to nearly every area of life, and the Immigration Courts are no exception. The courts were already in a post-apocalyptic era, with over one million cases in the backlog, and now the situation has been thrown into near total chaos. The fundamental problem is that EOIR–the Executive Office for Immigration Review, the office that oversees Immigration Courts and the Board of Immigration Appeals–is determined to continue adjudicating cases, even if that means risking the lives of its own employees; not to mention the lives of respondents, witnesses, and lawyers (and anyone who comes into contact with them).
EOIR is closing and re-opening various courts seemingly at random, often times with an after-hours Tweet, such as one last night at 9:23 PM, declaring that the Newark and Seattle Immigration Courts will reopen today for purposes of accepting filings and litigating detained cases (non-detained cases through April 10, 2020 have been postponed). In reaction to this latest news, Susan G. Roy, an attorney and former Immigration Judge (and my friend from law school – Hi Sue!) wrote last night–
NJ has the second highest number of corona virus cases in the nation, second only to NY. The Newark Immigration Court was closed because someone tested positive for the virus. Now a DHS attorney is fighting for his life in ICU, another attorney is very ill, and an interpreter has tested positive. These are the ones we know about. The Court was set to reopen on April 12. That is a reasonable time to ensure that everyone is safe and that the risk of transmission is limited. How is it even remotely reasonable to decide to open TOMORROW? Even if it is only for filings, court staff and others will be forced to violate the Governor’s Executive Order [directing all residents to stay at home], put themselves at great risk, and risk contaminating others, while many people who work in the same building remain under mandatory quarantine. You are ruthlessly jeopardizing the lives of your own employees, not to mention the public, for no legitimate reason.
And it’s not just advocates who are upset about EOIR’s decision-making. The National Association of Immigration Judges (“NAIJ” – the judges’ union) and ICE attorneys are also reacting with anger. In response to EOIR’s tweet reopening the courts in Seattle and Newark, NAIJ responds, “Putting our lives at risk, one Tweet at a time.” And Fanny Behar-Ostrow, an ICE prosecutor and president of AFGE Local 511, says of EOIR: “It’s like insanity has taken over the agency,“
The gravity of keeping courts open is reflected in one incident, described in a recent letter from the Association of Deportation Defense Attorneys in New York–
One of our members recently had a detained master calendar hearing scheduled for this past Friday, March 20, at the Varick St. Court. In order to prepare the bond application and for the master, the attorney and his staff met with the client‘s mother. A request for a bond hearing, together with the required relief applications, and a request for a telephonic hearing, were hand delivered to the Court at noon on Wednesday March 18th, 2020. The attorney did not receive any response to the motion for a telephonic hearing, and repeated calls to the court that day and the next went unanswered. To ensure that the Court was aware of the request, the client‘s mother retrieved from the attorney‘s office, Thursday evening, a letter to the court confirming the request for a telephonic hearing. She traveled to the court in Manhattan, from Long Island, and delivered the letter to the Clerk, and thereafter waited in the waiting area with family members of other detainees and other attorneys who were compelled to appear.
Today we received confirmation the client‘s mother has been diagnosed with COVID–19 virus, through medical testing. Can you imagine the number of people she came into contact with as the result of the decision to keep this court open? In addition to exposing the attorney and office staff, she traveled from her home on Long Island, on the Long Island Railroad, to Penn Station, from there to the subway and ultimately to the Court. Undoubtedly she came into contact with, and exposed, countless numbers of people, who in turn exposed countless others.
Anyone with a basic grasp of the fundamental principles of epidemiology – easily garnered from watching CNN or the local evening news – understands how easily this virus spreads. Given this, the decision to continue to keep the courts open can only be construed as a conscious decision on the part of EOIR to subject our Immigration Judges, court staff, interpreters, DHS attorneys, institutional defenders, members of the private bar, our clients, their families, and all whom they come into contact with, to an unreasonable risk of infection, serious illness and death.
NAIJ echoes this sentiment: “With [New York] the epicenter of the virus, DOJ is failing to protect its employees and the public we serve.”
The appropriate path forward is painfully obvious. EOIR should immediately close all courts for all cases. Staff should work remotely when possible to re-set dates and adjudicate bond decisions (so non-criminal aliens who do not pose a danger to the community can be released from detention). That is the best way to protect everyone involved with the Immigration Court system and the public at large.
Finally, I think it is important to name names. The Director of EOIR is James McHenry. I have never been a fan. Mr. McHenry was profoundly unqualified for his job, having gone from supervising maybe half a dozen people in a prior position to overseeing thousands at EOIR. However, he was politically aligned with the goals of the Trump Administration and he got the job. I have previously described the functioning of the agency during Mr. McHenry’s tenure as maliciousness tempered by incompetence. But these days, it is more like maliciousness exacerbated by incompetence. And in the current crisis, incompetence can be deadly. It’s time for Mr. McHenry and EOIR to do the right thing: Close the courts now.
Hey Jason,
I recently missed the court date for my speeding ticket in California. I didn’t get any notification or letter from the court, that’s why I missed it. It has been three months the day I was supposed to be at the court now. Also, now all the courts are closed to check what I’m suppose to do. Judge might have issued a FTA, or misdemeanor, or arrest Warrant for me. I’m not sure.
My asylum case still in court proceeding. My questions are Does this matter going to effect on my asylum case? Did I do a crime? Am I going to get rejected because of this?
Please.
Thanks.
I doubt this would cause you to lose your asylum case, as long as you resolve it. Talk to a lawyer who assists with criminal and traffic cases. Even if you end up with a misdemeanor, it should not affect the asylum case, as long as you take action to resolve the case. If you do nothing, it could affect the asylum case, as it may be an outstanding arrest warrant or it could result if a conviction. Take care, Jason
Hi Jason,
I applied for asylum in December, 2014 in Arlington office. No interview yet. What is the timeframe for Arlington? Do you know a lot of pending cases from the end of 2014? Thank you.
There are not many cases left from 2014, at least as far as I can tell. When the offices reopens, they have hired many more officers, and so they expect to move cases along more quickly. What we do not know is whether they will work on backlog cases from oldest to newest (as they had been doing) or newest to oldest. I am hoping they will keep doing oldest cases first, as that is more fair, and if so, you should be near the front of the line. Take care, Jason
Hello Jason,
Thank you very much for helping our Asylum community.
I am asylum applicant applied in March, 2016 in Virginia and waiting for interview.
I have three question as follow.
1- Today i furloughed from the job. if i applied unemployment does this have a negative impact on my asylum application or when i applied GC?
2-does this have a negative impact on my asylum application or when i applied GC?
3- I am sending my EAD renewal application along with fee wavier, in fee wavier form they asked either you employed or unemployed. What should i answered as i got furloughed from job and now i do not have any job and may be in future i apply for unemployment benefit if it does not have a negative impact on my asylum case and GC.
Have a nice day.
1 – Unemployment would have no effect on your asylum case or on a GC application based on asylum status. This is because asylum seekers and asylees are not subject to the public charge rules. And anyway, unemployment insurance is not a factor in the public charge analysis. 2 – No. 3 – It sounds to me like you are now unemployed, so I guess that is what you would say on the form. Take care, Jason
Dear Jason
Hope you doing well and stay safe ,
Do you think USCIS offices, I mean the service centers still continue working on applications like I-485 through teleworking or entire processes are suspended .?
Thanks
USCIS says that they are still working on cases, though there are no in-person appointments, and we are still receiving mail from them. So it seems to me that they are working. How much they are actually accomplishing, I do not know (and the same can be said for me). Take care, Jason
Hey Jason, i had plans to apply for GC soon. Right now i am thinking:
1. I will apply for I-485 and wait for fingerprint and Health Checkout request from them.
2. I am hoping they will be able to use my Fingerprint from my initial asylum application.
3. For health checkup i am thinking to apply for Waiver, due to corona-virus.
Do you think they would accept?
If they deny, can i re-apply again?
You can file the I-485 if you are eligible. You would not have a fingerprint appointment until the USCIS offices reopen, whenever that might be, but that is ok (and maybe you do not need an appointment, since you were previously fingerprinted – as I remember, most people do get an appointment, but some do not). If you have not yet done the medical exam (form I-693), you can do that later. USCIS will send you a letter requesting it. I do not know that you can get a waiver of that form due to the pandemic; I have never heard about that. But it is no problem to submit it later. As long as you are eligible, the coronavirus should not make you ineligible, and I think there is no reason not to apply now. Take care, Jason
Dear Jason!
I just wanted to wish you to stay safe these crazy days. God bless you and your beloved ones,
be peace upon you!
Thank you so much for your passion and relentless efforts in helping us!
Thank you – I hope the same for you. Take care, Jason
Hi, Jason and everyone here,
Jason, do you know if asyleem seeker applies for unemployement assistance, it can hurt his case? I’m having a trouble of finding a job, and I want to apply for myself, but not sure if it will affect my case in future.
And if I find a job and employer applies for work green card for me will it affect me then? Has anyone here applied for unemployment being asylum seeker?please share your experience.
Big thank you to you for taking time and replying to us here, I pray that you and everyone else here and your families stay safe, and hopefully this virus will end soon and we can return to our normal lives.
Unemployment payments would have no effect on an asylum case. Also, if your employer files for you, they should have no effect (I do not do many employment cases, so you might double check with a lawyer to be sure) – unemployment payments are not part of the “public charge” questions on the I-944 form. Take care, Jason
Dear Jason,
Are applicants with pending asylum considered resident aliens for tax purposes if the meet the substantial presence test?
I found it on iRS Website. it says, ” Even an undocumented (illegal) alien under the immigration laws who passes the Substantial Presence Test will be treated for tax purposes as a resident alien.” I am attaching the link, it might help someone who is not yet confirmed whether not asylum seekers are considered resident for tax purposes. https://www.irs.gov/individuals/international-taxpayers/introduction-to-residency-under-us-tax-law
Thank you for this. Take care, Jason
That’s false . You need a social security number and certain amount of time reporting tax payment
Some undocumented immigrants have an EAD and an SSN, and I think such people may be eligible for the payment. However, this is all still very unclear and I am hoping for some guidance from the immigration non-profits that know about tax rules. Take care, Jason
My sense is that if they meet the substantial presence requirement, asylum seekers would be eligible for the stimulus payment, but I have been hoping to see something authoritative on that. If I have info, I will try to post it here. Take care, Jason
Hi, Jason and everyone here,
Does anyone know if asylum seekers are going to receive coronavirus aid? I read so many misinformation, and don’t know whom to trust. This is from NBC’s website:
“Yes — as long as you’re living and working in the U.S. with a valid Social Security number. That includes green card holders, and it generally includes those on work visas, such as an H-1B and H-2A. But it generally excludes visitors and people who are in the U.S. illegally.”
But other news saying only citizens and greencard holders will receive checks, if so this is so unfair, we paid our taxes and filled them in time.
It is unclear to me as well. Once I have a better idea, I will try to post something about it. I am waiting for an analysis from a credible immigration organization, which will hopefully clarify things, as this is not my area. Take care, Jason
Hello Jason,
Good afternoon to you and hope you are safe out there?My cousin who has been in Immigration custody for 180 days in Texas was denied a Bond today.The judge asked us to bring copies of his birth certificate so he can consider giving her Parole.
A)do you understand what that means?
B)if the judge doesn’t grand the Parole will my cousin be deported?
C)If he is deported and married a US citizen will USCIS give him a green card?
Thanks Jason
A – It sounds like the judge is considering releasing him, but wants some more evidence. Why the judge needs the birth certificate, I do not know, but hopefully, your cousin can get out. B – If the parole is denied, your cousin can still fight the case, but he would do that while detained. If he wins the case (granted asylum for example), he would be released (unless maybe the DHS attorney appeals). C – He could still potentially get a GC, but it would be more difficult, since an order of deportation would also bar him from returning to the US for maybe 5 or 10 years. He would probably need a “waiver” to try to come back before that time. In this situation, he should talk to a lawyer to know how best to get out of detention, fight his case, and – if he is deported – come back. Good luck, Jason
Irina,
It does appear, from what I’ve gathered, that some asylum applicants and many asylees will qualify for the COVID-19 aid.
The government will look at three things, essentially: 1) the “alien’s” immigration status; 2) whether or not the alien paid taxes in 2018 or 2019; 3) does the “alien” have a valid Social Security number?
Let’s break down those three aforementioned factors a little bit more:
> Immigration Status: If you are a “nonresident alien” (this is a tax term and not an immigration term), you are unfortunately not eligible for the “stimulus” check. Who is a “nonresident alien”? Generally speaking, a “nonresident alien” is someone who doesn’t have a green card (permanent resident), or someone who doesn’t pass a “substantial presence” test. Importantly, as well, a “nonresident alien” is not subject to the same taxes as a U.S. citizen. That is why when “resident aliens” file their taxes, they have to make sure they are filing as permanent residents.
But what about the “substantial presence” test? This is where many asylum applicants, especially those who have been waiting on their interview for years, qualify as “resident aliens”. Many sources have agreed that calculating substantial presence test can be complicated, and, depending on the situation, determined by the IRS for tax purposes. To determine if the “alien” passes the substantial presence test, the government will literally count the number of days the person was actually living in the U.S. over the last three years. The immigrant has to prove that s/he was in the country for at least 31 days of the current year and 183 days over the last three years, including the current one, but not all the days count. According to law360.com, “only one-third of the days from the year before the current one count toward that total, and only one-sixth of the days from the year before that.”
Bear in mind that IRS can call you “nonresident” if it determines that you have a closer connection to a country other than the U.S. In addition, your travel history- if you are out of the country too many times- may make you a “nonresident alien”.
> Valid Social Security number: I believe this is self-explanatory. A lot of asylum applicants and asylees have Social Security numbers.
> Did you pay taxes in 2018 or 2019? There is no way to circumvent this requirement. This requirement also affects permanent residents and U.S. citizens.
Hi, Jamie,
Thank you very much for your comment, I’m hoping asylum seekers will receive this aid too. I read today that IRS will deposit directly to elegible people’s accounts or send them checks, we will see in 1-2 weeks. For now I’m praying that every person in need receives this aid.
Thank you for this. I am hoping you are correct. Take care, Jason
Dear Mr Jason,
I thank you for all you do.I write to express a worry.I filed for Asylum 350 days ago and still have not been called for interview. I filed at the San Francisco office. I Know someone who filed 2 weeks before me and another who filed 5 months after me.All have been called up for interview.
=>I recently moved and changed my address using the AR11 form. They confirmed online that they had received my request to change my address. I sent them an email asking if they got my change of address form and they said they didn’t receive and that I should send another form. Do you think I might be penalized for this?
=>I also sent them an email asking about the status of my case.They didn’t reply. Do you think I should insist to get the status?
Thanks so much again for all you do.
It is common for people who filed around the same time to get interviews at different times under LIFO, as most offices do not have the capacity to interview all applicants, and so they randomly select people for interviews. 1 – If they told you to file again, you should. You can do that online. You can also print the AR-11 and scan/email it directly to the asylum office (though this should not be necessary). If you do that, maybe explain that you tried it online before, but it did not seem to work. You can find their email address if you follow the link at right called Asylum Office Locator. 2 – You can send another email, but there is nothing for them to tell you. The case is pending. If you want to try to expedite, I wrote about that on March 30, 2017. You cannot try to expedite until the offices reopen, but you can prepare for this by gathering all the evidence you need, so you can submit it when things reopen. Take care, Jason
Hi Jason. i am Asylee and applied for GC 6 months ago.Also my Familys, interview done in my home country for USA Immigration in first week of March before closing of US Embassies over world. Now i am not going to job due to Corona Virus and wanna leave it. My Questions Are: 1. if i file un employement,will it effect my GC Case? 2. Will it effect my over 21 any Kid in my home country when i will apply for sponsorship after my GC. 3. Will it effect my familys, immigration whome interview have done 2 weeks ago. Thanks.
1 – The public charge rules do not apply to asylees, so there will be no effect if you get unemployment and file for a GC based on your asylum status. 2 – I doubt it, as that process takes several years (you can see the wait times if you Google “DOS visa bulletin”) and so your financial situation at the time your child comes to the US will likely be different than it is today (your situation today is probably not relevant, but your situation in 6 or 7 or 8 years when the child comes to the US would be relevant). You probably know this, but do remember that if your child was under 21 at the time you applied for asylum (not when it was granted – when you applied), the child may be eligible to come now based on your asylum (form I-730). 3 – Since the public charge rules do not apply to asylum seekers and asylees, it should have no effect on those family members. Take care, Jason
Hi Jason
I have a pending asylum case
I do uber but because the covid-19 situation, it’s been so slow
Today I received an e-mail from uber mentioning something about getting unemployment aid from the government 600$ every week
Am I eligible to receive this aid without considered a public charge especially my girlfriend is a citizen and she might file petition for me after marriage.
Thank you
For asylum purposes, the public charge rule does not apply, so there are no worries. If you file for a GC based on marriage, the public charge rules do apply. I think unemployment insurance will not be considered a negative factor for the time being, but I am not sure about that. You may want to have a lawyer check that for you before you apply for it, or review form I-944 (the public charge form, available at http://www.uscis.gov) requirements to see if it mentions anything about unemployment. Take care, Jason
Hi Jason,
I have a question regarding if I can apply for EB2(NIW) while I am as a dependent on my husband’s asylum case. He completed his asylum interview 15 months ago and his case is still pending background check and the waiting is really frustrating for me.
Thanks,
You can apply for EB2, but whether you can get the GC without leaving the US, I do not know. I did a post about this on August 28, 2018, but if you want to try, talk to a lawyer to find out whether you need to leave the US to get the GC, and if you need to leave, whether that will work. Take care, Jason
Thank you Jason for the answer.
I am in legal status until 2022 since I am a phd student and have not used the asylum ead card got from my husband case. Do you think again I need to leave the country for GC?
How about if my husband has unresolved asylum case? Does this effect my case since I am as dependent in his case?
My guess is that you would not need to leave the country to get the GC, but you should talk to a lawyer to be sure, since I don’t know your case. Your husband’s case would probably not effect your case, but again, talk to a lawyer to be sure. It is best to have any lawyer map out how you will get from where you are today to having a GC, and have that in writing from the lawyer before you start, as the process is expensive, and there is no sense in starting (and paying) if you cannot finish. Take care, Jason
Hey Jason, How are you, Hope you doing well.
Sir I am applying for the green card, in April my one year time is completed. in December i went to foreign country for 15 days too and I used US TRAVEL DOCUMENT. My question is On Form I-485 Page no. 2 The asking Recent immigration history, Do i need to give information for my recent travel to foreign through Travel Document, or I need to give information for My J1 Visa. Because that portion have all questions, like I94 and visa statues, and Visa Expiration etc. Thank you sir.
They want to know about your passport, I-94, immigration status, and entry date. I think you need to list your most recent travel history and entry into the US. If you feel you need to explain more about this, just include a cover letter or use the pages at the end of the form to explain. Take care, Jason
If I marry my foreign Gf and she become a derative how long it takes for her to get work permit ?
If you have a pending asylum case, and she is in the US, you can add her to the case. This can be difficult, as USCIS often does not understand its own rules about adding a dependent to the asylum case, but once she is added, she can apply for the work permit as soon as you are eligible (in other words, she does not have to wait 150 days after she is added – if you have a work permit now, she can apply as soon as she is added to the case). Take care, Jason
Good morning Jason,
Thanks for all you do for us.
My hearing is meant to be on the 31st at Newark but I check the online portal and it says “there are no future hearing for this case”
Pls what exactly does it mean? Thanks
Hello my Hearing was on March 25 . But due to that bad virus they canceled and give me new date for May 2021 Newark . Hope you will get soon
Please how did you get to know the new date ? Is it master hearing or individual hearing? Thanks
Stay safe
There may not be a new date yet. When there is, it will be mailed to you (or your lawyer) and you can find it by calling 800-375-5283 and entering your Alien number, or checking the EOIR portal, which I wrote about on March 11, 2020. Take care, Jason
All EOIR cases through April 10 have been postponed. Your case will be rescheduled for a future date, but when that will be, I do not know. Take care, Jason
Dear jason
Hope you are fine specially with this pandemic virus
I did my interview in Virginia 6 months ago.
Since then no interview-
But i did an inquiry my self once in person and once email- both time they told me that the application is pending final decision!!
But i inquired thru senator- and in senator statements USCIS STATED THAT my application is prioritized for supervisory review not likey to get any decision within 60 – 120 days-
Secondly i inquired thru congressman in Virginia- today i got a mail stated that my Application Is under active review? Not like get any decision withing 60 days?
My question from both inquiry for senator they said “its prioritized for supervisory review” and for senator today i got the mail that my application under active review what do you understand from these two terms?
My other question is is it normal for someome wait 6 month for decision after interview for a male from Afghanistan?
Can you give me an approximate time based off of your experience that when will i get any decision?
Please reply all above questions one by one appreciated
Please stay safe and thank you for being there for us
It is common for Afghan men to wait 6 months or more. Most cases are resolved within 6 months, but I have some that have been pending for several years (in such cases, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018). As for the messages you received, I think they basically have no meaning. They are different ways to say that the case is still pending. I may be wrong and the different messages may actually have different meanings, but I just have not observed that. Since one message gave you a time frame (120 days), you may want to inquire again at the end of that time frame (by email) and remind them about the time frame to see what they say. You can find their email if you follow the link at right called Asylum Office Locator. One positive of the current shut down may be that the officers will have time to complete pending cases. That may be optimistic, but maybe. Take care, Jason
Wow. Several years is a long time. Have you had any Iranians that had to wait that long? Also, was there a common theme that made those folks wait that long?
Usually Iranians are not that slow. The slowest countries (in my experience) tend to be Afghanistan, Iraq, and Syria. Most Iranian cases are resolved within 6 months. Take care, Jason
Hi! ALL
Hope every one stay safe and well. My decision is mailed, but I have not received yet. Can I tell it is good or bad, just seen this online account message.
They wrote about EAD and you can do the next step follow the instruction. I am very curious about it. Is there any one give me an idea. If the case is approved what kind of message will be there, If go to EJ what kind of message will be there . Or it is the same for every one?
There is no way to be sure until you actually receive the written decision. Hopefully, you will get it soon. Good luck, Jason
I am an ex-asylee (now citizen) and looks like I won’t qualify for the aid either because of the income. It feels bad that after paying all these taxes you do not get any help from the government. But again, I think I shouldn’t complain because it would at least help the people who need it the most such as daily workers etc. With God’s help I shall survive. He has been very kind
Hi Jason.
Please stay safe! We need lawyers like you for a very long time as immigration gets worse by the year regardless of the administration. People forget that Obama deported more people than even Trump. I suggest that you file continuances to post pone cases if EOIR still stays open. Thanks for all you do.
Thank you – Shockingly, some judges were denying continuances, even for people who thought they might be ill. I am still filing my evidence for upcoming cases and following the existing deadlines, though I doubt non-detained cases will resume anytime soon. Take care, Jason
Hello Jason and other fellows.
Quick question. Would it affect my asylum case/interview in any means if I applied and received unemployment benefits?
Today they decided to stop non-essential construction sites until further notice( I work in construction), so no work – no money for a while.
Thanks in advance and have a great weekend
This would have no effect on an asylum case. There is no “public charge” rule for asylum seekers, asylees, or people who get a GC based on asylum, so taking unemployment insurance would have no effect on the asylum case. Take care, Jason
The Washington Post is incorrect. The bill refers to residents aliens for tax purposes, not for immigration purposes. For tax purposes, someone is a resident alien if they either have a green card or if they pass the substantial presence test. There are a few exceptions to the substantial presence test such as foreign government officials or J-visa researchers, but students or asylum seekers with an SSN can definitely become resident aliens for tax purposes under that rule. Here is more about that from the IRS website:
https://www.irs.gov/individuals/international-taxpayers/resident-aliens
There definitely seems to be confusion about this on my list serves (including from immigration reporters), and I have not seen the exact language of the bill. I hope that you are correct. Take care, Jason
According to CNN, once you have a valid social security number and your filed your tax either in 2018 or 2019, you are eligible. IRS definition of a “non-resident” is different from that of the immigration law. The only people exempted from the stimulus package are those who filed using ITIN (Individual Tax Identification Number). See attached https://www.google.com/amp/s/amp.cnn.com/cnn/2020/03/26/perspectives/stimulus-checks-undocumented-taxpayers/index.html
This makes sense, but I am seeing conflicting analyses of the new rule. I hope to see something more authoritative soon, and if I can find something helpful, I will try to post about it here. Take care, Jason
We’ll see, I have direct deposit with the IRS, so, I’ll update to see if we are considered.
Hello folks,
I want to share my opinion regarding people who are eligible for this government aid. Although it says non resident alien are not eligible to receive the check, you should consider the different definition of non-resident alien in immigration office and the definition in IRS. At immigration office, every non US citizen who does not have Green Card is a non-resident alien. However for IRS it works in dofferent way. In IRS you will be considered a United States resident for tax purposes if you meet the “substantial presence test” for the calendar year. You can find this at IRS website and see if you meet this criteria or not. If you meet, you are US resident for IRS, which means you are eligible to receive this aid check altough you have asylum pending application or on any visa status.
You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:
31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.
This is very helpful. So far, we do not know the final status of any law, and until then, we really cannot know who will be eligible for the benefit. But this information is encouraging – I hope this definition (rather than the more restrictive definition in the immigration law) will apply. Take care, Jason
Hello asylmist
The 2 trillion package, I hope and believe it will benefit all ,at least tax payers with minimum income regardless their immigration status. The virus doesn’t discriminate people depending on the color,race let alone immigration status.I wouldn’t understand how they ll exclude asylum seekers when I know some of them are nurses ,assistants nurse, working in nursing home risking their lives to only get exclude and not considered as part of the community for the only sin of not having status.Asylum seeker can contaminate or get contaminated by american /or non Americans .We all have the need of being taking care of in the situation of crisis like this.This is not the moment of separating people according to their status. It s a moment of uniting people, supporting each other and feeling each other as HUMAN.Thank you
One would hope that our government will consider opinions like yours. We shall see. Take care, Jason
Hello every one,
$ 2.2 trillion stimulus package doesn’t include cash payment for asylum seekers!
The Washington Post published today, 26th of March
“ The main people excluded from receiving a payment are the wealthy, “nonresident aliens”( i.e., foreigners who do not hold a green card) and “dependents” who can be claimed someone else’s tax return.”
What will happen to those nurses who were working elective surgeries ( OR nurses who are furloughed- as elective surgeries are suspended!) and many more asylum seekers!
Stay safe
Well, that is disappointing to hear. Why did I bother filing taxes diligently in 2018 and 2019 when I can’t get a helping hand either? On top of that, I recently setup direct deposit with the IRS for them to pull money from my account just to pay off 2019 taxes. Seems like a totally unfair stimulus.
Yet, I live in a house with a born American, 20 years old, doesn’t want to work, sleeps all day, stays up all night playing video games, yet he is collecting unemployment checks and SS benefits and using it to buy pillsbury cookie dough and all sorts of junk food. Yet, I work from 8 am to 6:30 PM, six days a week, putting my life at risk. The worst part is, if I got that 1,200, guess where it would be going? Right back to the government when they start pulling from my account April 15th. I don’t think they are even gonna have the conscience to say, lets wait till July 15th based on the current circumstances.
I’m thankful for everything this country has given me so far, but it seems totally unfair that people who work just as hard and try their best to reflect the ideals of America get shafted in the process. I feel sorry for those poor immigrants who are putting their lives at risk working the fields to ensure you can have your fresh salad and unbox your 2020 iPad Pro on YouTube.
In my experience (as an observer), immigrants in the US work harder, take more risks, and get screwed over far more often than native-born Americans. In the end, hopefully it was worth the trouble, but as I watch my country slide downhill, I wonder for how much longer people will want to come to our country. I am still hopeful that there are better days ahead, but it was hard to be optimistic even before COVID-19. Anyway, good luck to us all. Take care, Jason PS: If you can steal some of that cookie dough for me, I would appreciate it.
You know, my colleague (an American) said to me and I quote “you are honest, and it is a good thing, but this is America, they force you to lie”.
I say this because, people who came here about the same time I did, and engaged in sham marriages, obtained green cards,and citizenship are entitled to assistance,right? Those of us who need protection, work so hard, waiting for interview for years, pay taxes, and not lining up for food stamps, deserve no help? In the United States, the end justifies the means, I guess. You are screwed if integrity and conscience means anything to you.
We will survive without the aid. We have been through thick and thin.
It really is shocking how badly people are treated, but still people are coming here, as I guess it is better (for now) than many places. There is a long history of lying to get immigration status, for all groups that are here. This is true not just in the US, but in many countries. We must keep working for better days. Take care, Jason
In comparison to where I am coming from, USA is 1 million times better (like night and day). Human right is EVERYTHING.
I am also not judging the people who use any means to get to their desired ends, but pointing to the fact that the system encourages a “you will be rewarded if you don’t get caught” approach to immigration benefits, and turns around to preach about protecting the immigration system.
USA is not a bad place by any means, and we are all grateful for the opportunity to be “free” and start over despite the endless wait.
That is a good sentiment, but I expect better of us. Also, I fear that when due process is eroded for anyone – including non-citizens – it is eroded for us all. Or, in the words of the great Paul Wikham Schmidt: “Due Process Forever!” Take care, Jason
This would be a real poke in the eye to many non-citizens who are living and working in the US (often in the most difficult and dangerous jobs). We’ll see what the final bill looks like, but the Senate version is obviously not an encouraging sign. Take care, Jason
Can you post a link to the Washington post article, please?
There are different articles on the Washington Post website, but many of them are only available if you pay. The short answer is that we still do not have a final rule, and so we do not yet know for sure who will be eligible. Take care, Jason
Thanks, Jason.
Hi,
I am an 3yrs asylum applicant waiting final result after interview over 9months.
I just apply for the LRIF green Card. Is it ok to do that even though I have submitted my application already for the adjustment of status?
Is it ok to apply for both or more the one ways to gain status like what I am doing? It’s done already
I included my wife n kids that they are included in the application, but they are not here with me. Will this cause any hold on the grant of the card to me if I and accepted due the fact that I included them?
Will they be also granted a cards also even though they are not in the US with me?
Will I have to submit I-130 for them if I am approved?
Will they automatically cancel the Asylum application when they grant me a GC? Or do I have to write them to cancel the asylum application? I made reference, attaching all related doc to my asylum application, was that ok?
I applied for EAD extension base on my asylum case, when I received the EAD, can I reapply for a different EAD based on the new LRIF Act GC I applied for?
Lastly, can I apply for RTD based on the Application for the LRIF application or wait until the application is approved and received the GC before applying for RTD?
Or I can apply for RTD once I get a receipt about my LRIF application? Do u think I will be granted the RTD or I just have to wait until the I recieved the GC b4 applying for RTD?
Thanks.
Sorry, I do not know what an LRIF green card is – the new rule for Liberians? In general, you can apply for a GC if you have a basis to do so, and this would have no effect on the asylum case. Whether you would have to leave the US to get a GC, I do not know, but most people who have no other status than asylum pending do have to leave (and this may not work – talk to a lawyer before you try this). Under the rule for Liberians, I think you do not have to leave, but I am not sure, as I have no done such a case yet. Each person in a family needs to file his/her own I-485 to get a GC, and I think under the Liberian rule, you have to be in the US, but again, I am not sure. If you have a GC, you can file for your family members if they are overseas (spouse and unmarried children under 21). If you get a GC, you would have to contact the asylum office to terminate your asylum case. I do not know why you would need to apply for a second EAD if you have a valid one, and USCIS may deny such an application, but I am not sure. You can only get an RTD if you are a refugee or if you have asylum. I do not think you can get it based on the new rule, but again, I have not looked closely at that. Take care, Jason
Thanks, Jason.