In response to the economic disaster caused by the coronavirus pandemic, Congress has passed a $2.2 trillion aid package. Part of that package includes direct payments to individuals. Most U.S. citizens and lawful permanent residents will receive a payment, but what about asylum seekers and asylees?
First, for all potential beneficiaries, the payment is dependent on your income. From the Washington Post—
Individuals with adjusted gross incomes up to $75,000 a year will be eligible for the full $1,200 check. Reduced checks will go out to individuals making up to $99,000 a year (the payment amount falls by $5 for every $100 in income above $75,000).
Married couples are eligible for a $2,400 check as long as their adjusted gross income is under $150,000 a year. Reduced checks, on a sliding scale, will go out to married couples who earn up to $198,000. Married couples also will receive an additional $500 for every child under 17.
People who file as a “head of household” (typically single parents with children) are eligible for a $1,200 check if they have an adjusted gross income up to $112,500 a year. Reduced checks on a sliding scale are available for heads of household earning up to $136,500 annually. Heads of household will also receive an additional $500 per child under 17.
You can calculate how much you and your family will receive here.
Second, assuming you qualify for the payment based on your income, you must also have a valid Social Security number. For married couples, it seems that both spouses must have SSNs. According to the Tax Policy Center, “If one spouse has an SSN, but the other does not, the couple is ineligible for the payment (there is an exception for military families).”
Third, you would have had to file taxes for 2018 or 2019. If you did not file, you are ineligible for the payment. However, if you were not required to file taxes in those years, you can now file a “simple tax return” in order to establish your eligibility for the payment (presumably, this means filing the IRS form 1040 or the 1040-SR if you are over 65 years old). For those who should have filed taxes in 2018 or 2019, but failed to file, you can file now and still qualify for the payment. The IRS urges people who file to include direct deposit banking information on their tax return, in order to facilitate the payment.
Also, if you need help with issues related to back taxes and filing, you may be able to get assistance from your local Low Income Tax Clinic (many of which are apparently still operating in some capacity through the pandemic).
Fourth, to qualify for the payment, you must be a U.S. citizen or a lawful permanent resident (i.e., a Green Card holder) (though some LPRs who have spent significant time outside the U.S. might not qualify for the payment). Others who reside lawfully in the U.S., such as asylees and asylum seekers, may also be eligible for the payment, as long as they are not “nonresident aliens,” as defined (in a very confusing manner) by the IRS. According to the Internal Revenue Service—
An alien is any individual who is not a U.S. citizen or U.S. national. A nonresident alien is an alien who has not passed the green card test or the substantial presence test.
The Green Card Test states that an LPR is considered a resident of the United States for tax purposes (and is thus eligible for the stimulus payment) as long as he or she spent at least one day in the U.S. during the relevant tax year.
The Substantial Presence Test is a little trickier. For that, you need to have at least 31 days in the United States during the current year and 183 days in the U.S. during the three-year period that includes the current year and the two years immediately before that. However, when counting towards the 183 days, days in prior years count for less, according to the following formula—
A. Current year days in United States x 1 =_____days
B. First preceding year days in United States x 1/3 =_____days
C. Second preceding year days in United States x 1/6 =_____days
D. Total Days in United States =_____days (add lines A, B, and C)
If line D equals or exceeds 183 days, you have passed the183-day test.
So for example, let’s say you were physically present in the U.S. for 120 days in each of the years 2017, 2018, and 2019. To determine if you meet the substantial presence test for 2019, count the full 120 days of presence in 2019, 40 days in 2018 (1/3 of 120), and 20 days in 2017 (1/6 of 120). Since the total for the three-year period is 180 days, you are not considered a resident under the substantial presence test for 2019, and would likely not qualify for the stimulus payment. A word of caution here: I am not a tax lawyer (thankfully) and so there may be arguments to make here in order to qualify for the payment. If you do not receive the payment and feel you should have, you may want to seek help from a tax professional.
My sense from all this is that asylees and asylum seekers who have been here and paid taxes in 2018 and/or 2019 will likely qualify for the payment (unless they have spent substantial time outside the U.S., which is rare for such people). Asylum seekers and asylees who have been in the U.S. for a shorter period of time, or who did not have a work permit until recently (or who did not yet get a work permit) will likely not qualify for the payment.
If you do qualify, you should not have to do anything to receive the payment–it should be credited to your account or mailed directly to you. Some people–such as those who did not pay taxes in 2018 or 2019–may need to take action, as discussed above. Also, the IRS has created a webpage to provide updates and information about the stimulus payments. At present, the webpage is pretty sparse, but the IRS says it will be updated with additional information soon.
One final point, asylees and asylum seekers are not subject to the “public charge” rules that went into effect in February. Therefore, receiving this payment (or any other type of assistance, including unemployment benefits or means-tested aid) will have no effect on an asylum case, or on an asylee’s application for a Green Card. For non-asylees, it seems pretty clear that the stimulus payment and unemployment benefits would not impact the public charge analysis. Other types of benefits could create a public charge issue (again, this is for people who are not asylees or asylum seekers). Talk to a lawyer if you are not sure or need help with this.
To say the least, these are difficult times for everyone. But the situation is particularly hard on those who are most vulnerable, including many immigrants and asylum seekers. I hope that the stimulus program will provide help to those most in need, and that we will see better days ahead soon.
Glad to talk to you again! Firstly, I would like to share a data point about my situation. My mum included my information when she initially filed her application, but I was not in her case yet, because I was abroad. At that moment, I was under 21. I’d already passed the 21-year-old line when I requested to add to her case on the interview in January, 2020 but I succeeded. Several months later, I got a notice for the fingerprint. thanks for the CSPA. However, due to the pandemic, my fingerprint appointment was cancelled, and they told me they will reschedule it for me in the future when it’s open. Right now, I worry about my F-1 status. My one-year OPT will expire soon in the coming September, 2020. Do I have to get fingerprinted to be able to stay in the U.S. legally? I don’t know when the clock for EAD card will start to run for me, and then I can switch my current status to asylum’s dependent?
Best,
Happy
If you have been added to her case, you can stay in the US until her case is resolved. Also, you can get your EAD on the same schedule as her. If she has her EAD already, you should be eligible to get your EAD. The problem is, I do not think USCIS can issue the EAD until fingerprints are done (I am not sure how they are handling this during the pandemic). Maybe the best bet is to wait until things reopen, get the fingerprints done, and then apply for the EAD. Alternatively, you could try filing for the EAD when you are eligible (maybe now) and see what happens. If would be great if USCIS issues the EAD without fingerprints, but I really do not know whether they can do that. Take care, Jason
If that’s the case, I should abandon my F-1 status, and I’d rather be included into the case, not only because I can stay and work, but also, I could apply for many benefits, like discounted health insurance, taxes benefits, etc. But it really depends on my residence status or tax status. This is the fourth year I stay in the U.S. with F-1 visa. Based on this type of visa, I am still non-resident alien. I am not sure when I should start to be resident alien, so I can start to take benefits?
There is an analysis to determine whether someone is a resident for tax purposes, and that is mentioned above, but I do not know much about it. You can remain in F-1 status and school and also be part of the asylum case. One advantage of remaining in F-1 status is that if other opportunities open up (OPT, H1b, for example), you can take those options. If you end your F-1 status, you cannot take those options, unless maybe you leave the US, get a new visa, and then return here. But that is usually very difficult (and sometimes impossible, depending on the case). Take care, Jason
Hi Jason and Asylum family,
I found something about the stimulus payment and I think it will be helpful to some people out here. My cousin who just received her first EAD and never work before used the non filer tool to apply for the stimulus payment and she received a direct deposit of $1200 a week later. All she did was to use the non filer tool, follow the instructions and put some truthful informations.
Hi,
I have worked on W2 since 2017 so meaning I filled taxes in 2017, 2018 and now 2019. I got my return on taxes but the website says “According to information that we have on file, we cannot determine your eligibility for a payment at this time.”
By the way my wife is a dependent in my case and she has been paying taxes since 2017 on W2. She hasn’t received the stimulus pay either.
Does anyone else with a pending asylum case face this problem?
Is there a way to inquire with IRS?
Thanks
I do not know, but you might try talking to a tax professional. Maybe they can figure it out. There is a link in the above article to some non-profit tax help centers. Maybe that is a place to start. Take care, Jason
I filed my 2018 – 2019 tax return, though I happen to owe the government and haven’t finished yet making payment. I check on IRS site for stimulus package, keeps telling me “According to information that we have on file, we cannot determine your eligibility for a payment at this time“. I don’t know whether this mean ineligible or may be they haven’t entered my information in the system or my 2018 – 2019 debt affects my eligibility for payment. Although I am getting my state unemployment benefits. Anyone has an idea with what might be going on with irs? Thanks guyz.
I do not think a debt owed to the IRS would block your payment (and I thought I read something about that on an IRS website), but I am not sure. Maybe talk to a tax professional to see whether that might be the issue. Take care, Jason
I have filed for unemployment for last 9one month in NJ and still shows pending. I have been working in NJ for last 3 years on W2. Has anyone else in NJ filed for unemployment and got money or is it in NJ asylum stats does not get these benefits
my asylum pending from 2106, I have been working on W2 from 2017 but now unemployed . will I get unemployed benefits
Assuming you have a work permit, you should be eligible the same as anyone else in your state. You have to apply for these benefits with the unemployment office. Take care, Jason
I have asylum case pending , I have file taxes in 2018 and even 2017 , When I check on IRS website last night it told me your payment has posted in April 15 with last 4 digit of my account ( There is still no money in my account though ) When I check on IRS website again today , It tells me you are not eligible to receive the payment , Can anyone help me how could it be possible? I just don’t know how can it showed last night I receive the payment and today it shows I am not eligible.
Thank You
Update Guys.
I have received my payment just right now , It shows in my bank account.
from what I researched IRS website had some glitch today so thats why it was showing ” Your payment is not available ” But it was showing it was posted last night.
I am not removing my previous post in a case if someone else have the same issue , my suggestion is wait 2 business days and it should show up on your bank account.
Thanks Everyone
Maybe someone else has an idea; I do not know. You might also try reaching out to one of the non-profit tax clinics mentioned in the article above. Maybe they can help. Take care, Jason
Congratulations to all my friends who have submitted the tax return are qualify for the corona relief funds. As just now I got the refund in my account . Wanted to share it to everybody .
I also got mine just now. I wish everyone good luck. This is such a great relief in this perilous time.
La Belle, do you have a pending asylum case? Also have you received your stimulus deposit or the tax refund?
Yes I have a pending asylum application. Yes I received the stimulus check.
Thanks for the reply. I tried several times today to check mine and got this message Payment status not available- According to the information that we have on file, we cannot determine your eligibility for a payment at this time…Did someone else experienced this same issue? I do have a pending case too and no interview. I entered my information correctly. My 2019 tax return is was submitted earlier this month. I’m getting concerned if I’ll get my payment.
Did you receive the stimulation check or that was tax return check also I m asylee from last year dand did fill out the tax 2018 .2019 but I didn’t receive the stim check
Yes I received the stimulus check. Not tax return check.
I just entered my SS on the IRS website and it said I am eligible. It asked me to enter some additional details about my 2019 filing and then I entered the bank account number, chose savings and routing number and it went through. Strange I had to do this manually, considering I applied to have Direct Posit setup to deduct from my checking acct for taxes starting April 15th.
Another thing I realized, it looks like if you scheduled to start making payments April 15th, those have been pushed out to July 15th.
Hi Jason,
I plan to apply for GC soon and also need to file bankruptcy. Do you suggest filing one first over the other? Thank you.
If you are filing for a GC based on asylum status, it will not matter, as you are not subject to the public charge rule. If you are filing for a GC some other way, you probably need to show that you will not become a public charge. In that case, it may be better to wait for the bankruptcy filing if you can. If you are not sure, talk to a lawyer. Take care, Jason
Thank you Jason. GC is based on approved asylum.
Hi jason
We hold work permits with pending asylum case.
We filed taxes 2018 and 2019
Do we qualify for stimulus payment based on the face that we stayed in the country for that many days stated in the article?
It sounds like you probably do, as the above article discusses. I suppose you can talk to a tax professional to try to be sure, but since it is supposed to be automatic, you really should not need to do anything. Hopefully, you will receive it soon. Take care, Jason
Thank you Jason! Hopefully we should receive it soon.
Hi Jason,
My gf just filled out the simple tax form the IRS has now provided since her income was too low to file taxes. https://www.irs.gov/coronavirus/economic-impact-payments
She is an asylee and hasn’t left for years. So hopeful we get this accepted. Didn’t seem like there should be any problems..
Thanks for your helpful post.
And it was just accepted, so good sign!
Thank you and please let us know, as that will help others. Take care, Jason
Hi Jason,
I have been working with my asylum EAD for last one year on W2. My employer deducting every month for Social security and Medicare, just wondering that since my asylum case is still pending are they correct in deducting this amount. Also, if I get asylum granted then I am sure I can use this money for my retirement but what happens to this money in case my asylum gets rejected.
I do not know about deductions; you would have to ask a tax person about that. Also, if you leave the US, and have no status here, I think you would not be eligible for any type of social security payments, but again, I am not a tax professional, so I am not sure. Take care, Jason
Thanks Jason for the reply. Would request through this forum to check whether fellow asylum applicants are getting social security and Medicare getting deducted in their salaries
Hi Mano,
My husband and i have a pending asylum application like you and have been paying all the taxes you mentioned. I believe that’s the standard. We see deductions for federal income tax, medicare tax, social security tax, state income tax and sui/sdi tax with each pay.
Thanks Lola for the reply. I know for F1 students , they are not deducted for OPT so was wondering what happens to this deduction if asylum is denied
As far as I know, they have the same deductions as US citizens. Take care, Jason
Hi Jason
Thank you so much for the information. Please i would like to ask if asylum seekers are eligible for Federal student aid (Fafsa). I have a valid Ead based on my asylum application and i want to study nursing (Lpn/Rn). Will i be eligible for the fafsa? Also if i am eligible, is it advisable to use fafsa?
I am worried about the future impact on my asylum application outcome.
Thanks for your time,
Lola
I do not know about eligibility. Usually, the school has a financial aid office that can assist with federal and all other types of assistance. As for advisability, it would have no effect on an asylum case, or if you apply for a GC based on asylum, since asylum seekers are not subject to the public charge rules. If you were to apply for a GC based on something else (family, job), you would be subject to the public charge rules, but I do not see that student aid is a factor there. I am not sure, though, and it would be worth reviewing the form I-944 and its instructions (available at http://www.uscis.gov) if you think you might seek a GC in some way other than asylum. Take care, Jason
Ok thank you so much, i appreciate your time.
Lola, I am enrolled at a public college and doing nursing prereqs.
I am not eligible for FAFSA in NYC. I’m paying out of pocket. I get in-state tuition though.
In fact, I’m not even eligible to apply for nursing program (clinicals) until I get my asylum granted. They don’t accept pending status.
So now I’m doing the classes that are not tied to status.
It’s sad but it is what it is. I have IH this fall, I hope for a positive outcome so I can start the nursing program.
Hi Celia,
Thanks for the information. I will just have to wait then. Its bad enough still having to study here again even after coming with 2 degrees and then I’m not even eligible for the aid. Well, it is what it is. Wish you all the best!
That is indeed sad! I am a pending asylum applicant. I filed in 2016. I am working as LPN. I am currently doing my RN program at the moment. If you still want to pursue nursing career, you still can. There are some states who accept pending asylum applicants. VA is one of them. Florida too. Regardless of what the outcome of the asylum process is, your education can take you places. So keep pushing on. Don’t give up! I hope this helps. Good luck.
Dear Jason
Hope you are fine
Despite waited for more then 7 months for my decision here in Virginia- with many inquiries thru Congress man and senators and my self as well –
Two months a go I contacted ombudsman office and today ombudsman office emailed me that they have reviewed my cased and contacted USCIS once they heard back they will let me know!!
My question is do ombudsman office do inquiry only like senator office or they will do some extra things- please based off of your experience what kind of help do you think ombudsman office do with my case since they already assigned someone for my case and contacted USCIS AS WELL!!!
Or its an inquiry ??
If its inquiry im sure USCIS will sent the same things “ thing Application is undergoing active review””
Please tell me your experience of your ombudsman office!!
You never know, but I doubt you will get much different response. The Ombudsman just does an inquiry. It does not actually work on the case. That said, sometimes their inquiries cause USCIS or the Asylum Office to take action, so it could help. If all else fails, you could consider a mandamus lawsuit – we wrote about that on October 2, 2018. But I would at least wait until things reopen, and try another inquiry at that time before filing a mandamus. Take care, Jason
Hello Jason
I have a question on the unemployment benefit, my asylum process is still on pending but I work with my work permit in restaurant and i am eligible for the $1200 my question is, does it has any effect on my process if I apply for unemployment benefit?
Applying for unemployment would have no effect on an asylum case (or any future GC or citizenship case). Asylum seekers are not subject to the “public charge” rules, and in any case, unemployment is not generally considered in the public charge analysis. Take care, Jason
Thank you Jason
Hi Jason,
My husband, my son and I received our work permit and ssn on february of 2020 (all asylum applicants). We were not going to file any taxes for 2019 because we had no income. Should we go ahead and file a simple tax return to get the stimulus aid?
Thank you for all your help.
IF you just got the work permit, I think you would not be eligible for the aid, but you might want to talk to a tax professional to be sure. Take care, Jason
Hi Jason. My Family given interview in Embassy of my home country for i730 apply in second wek of March 2020. in 3rd week of March 2020 US closed Embassy due to Corona Virus. When i check my family case on ustraveldocs.com,it gives corona virus updates. My Question is that1. how i check online my Family interview updates? 2. How i get infro from emabassy regarding my Family Visa?Thanks.
I do not know how you can get additional information. Maybe once things reopen you can. You can also try emailing the embassy (you can find the consular email address if you look at the embassy’s webpage). Also, I did a posting in December 2019 where I provide a link to an I-730 manual. That may have some suggestions for you. Take care, Jason
Hi, Jason and everybody here,
Just wanted to share my i-765 timeline and give hope to everyone who is waiting for good news. I applied for i-765 in December, and today my card was approved.
Jason, thank you very much for this blog, you answered a lot of my questions here and it was very helpfull for my case, God bless you!
Thank you for sharing – that was a bit faster than most cases we see these days. Take care, Jason
Hi Jason,
my husband asylum case is pending and I am dependent in his case. I am also in legal F1 until 2022 and have not used asylum ead. I applied for Eb2NIW and imagine it get got approved and meanwhile my husband asylum also be approved. Could I select to adjust my status based on the NIW approve and fill i485 based on niw?
I asked niw lawyer and he said it is ok and you can have more than 1 case in uscis. I want to make sure I understand the law.
Based on what you write, I think you should be able to adjust your status in the US. There is no problem having an asylum case and an adjustment of status case. Take care, Jason
While your I485 in process you have no need to pay any fee for EAD & RTD only you have to submit i485 receipt with your application as per uscis fee structure. Thanks
We have recently seen that USCIS will not accept the I-485 fee receipt for an a-5 EAD (though they should accept it for the RTD). You can try to use that, but we had USCIS reject an EAD application for failure to pay the fee under those same circumstances. Take care, Jason
Hello, Jason
Thanks for everything you are doing.
My EAD expires in 5 months and I applied for renewing it. I got the receipt
Do they send the new card after the old one expire?
Or Can I receive it before the expiration date of the old one?
Thanks
This process has been moving slowly of late, so I expect you may not get it until after the old card expires. However, the receipt automatically extends your old EAD by 180 days, so you can work and extend your driver’s license during that period. Take care, Jason
Thank you very much
Can I apply for renewing my DL for 180 days?
Now the DMV are closed they do services online only
Do I need to submit the receipt form USCIS as well?
My apologies for too many questions
I do not know how the different DMVs work, so I do not know. However, legally, you should be eligible for an extension of the driver’s license. Take care, Jason
Dear Jason,
Thank you for all your help and support as always. I have a question about USCIS work during COVID 19 pandemic. I know they have stopped scheduling interviews and the offices are closed to public, but do you know if Asylum officers continue working on cases? For instance if I have done my interview and I am pending asylum decision, will asylum officers continue processing during this time? Do you know of anyone who has received a decision since they have closed the office to the public? Does this mean my decision will now be delayed? Thank you
I think they are still working in some capacity, but I am not sure how much they are getting done. We have had some communication with the Arlington office since things shut down, but it has been limited, and they have not responded to emails I sent them last week. I do expect they are not working at full capacity, but hopefully, they can get some decisions out during this down time. Take care, Jason
Dear jason, i have a question. I applied for asylum in August, 2015. After reading your expedite post, i applied and got approved. Interviewed in February 2020. Officer asked me to pick your decision after two weeks. I received a call one day before my scheduled pick up date that your decision is ready but due to Coronavirus we will mail your decision. I received the decision. It was recommended approval. How much time asylum office take to final approval. I am from Muslim non ban country.
Which office did you apply ? I’m just asking because I like to know which one accepting expediting requests
San Francisco office
Which office did you apply at, please?
That is good news. However, there is no way to predict how long until you get the final approval. Maybe give them a few months (and hopefully, they will have reopened). You can always make an inquiry by emailing them. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear,
Hope everything is fine. I am asylee and I applied my i485 before 7 months. USCIS asked me to give finger prints before a month and I did this. Right now I am applying for EAD renewal. Should I have to pay for the finger prints at this time for the second time?
Normally, you do not need to may for the biometric fee when you renew an EAD. If it is based on category a-5, the fee should be $410. Take care, Jason
While your I485 in process you have no need to pay any fee for EAD & RTD only you have to submit i485 receipt with your application as per uscis fee structure. Thanks
Hi Jason,
If someone is under pending application for Special Juvenile Immigration program, Fingerprint already taken only both Forms I-130 and I-485 are still pending.
Can that person move to another state?
What can happen if he moves to another state to find better opportunity while the application is still pending?
Thank you
I do not do SIJ cases, but I think the form is the I-360; not the I-130. In any case, you can move, you just have to update your address using form AR-11, available at http://www.uscis.gov. This may cause your case to move to a different USCIS office, and so if an interview is still needed, it would be in the new office. Take care, Jason
Hello Jason, Thankyou for operating this forum. My asylum approved Green Card has a Resident Since date of 6/21/2016. Is it time for me to file for citizenship in April considering the 90 day early apply period? or do I apply for citizenship this time in 2021? Please advise, Thankyou.
Whatever date is listed on the GC, you have to count 5 years and subtract 90 days. So if your GC says “Lawful Permanent Resident since 6/21/2016”, you cannot apply until late March of 2021. Take care, Jason
Thanks for your response Jason. Does the 1 year not count that I spent with approved asylee status before 6/21/2016. If I add the total time when my asylum was approved I complete 5 years in June 2020. Will appreciate your kind response again. Thank-you.
When you received the GC, it should have been back-dated one year. So if your card says 2016, it probably means you received it in 2017. The one year back-dating is the “credit” they give you for your asylum case (even though most people wait more than one year for the asylum case). Take care, Jason
Some good news in the midst of this pandemic.
Got my green card today
San Francisco office
Asylum application:january 2018
Interview; july 2018
Asylum granted: september 2018
Green card application: october 2019
Green card Approved : April 2020
Thank you so much jason for all the help from reading from your site.
Be safe and God bless
Congrats! Great! Have you had an interview? Did you see your status change in USCIS? or yo just received GC in mail?
Didnt have any interview.Received in the mail
Did you sent your medical report along with your I-485?
Thank you for sharing and congratulations! Jason
Congratulations!
I have been here 3 years before you came in and applied. Still waiting for interview, and now you have your green card..
I requested to expedite since January, did not hear back.
I am happy for you , but I just think the asylum system is fair to some, and a dark long hallway,leading to acute depression to others.
When I read time lines like yours, I wonder if I will ever get an interview, because under the last in First out, new cases will be filed every day.
Once again, congratulations!
I’m right here with you Tina.
I came to US in 2012, overstayed my visa and lived in fear because of my identity for 3 years, then applied in 2015. First interview with asylum office in 2017, referred to court in 2018, individual hearing set for later this year.
All because of my specific visa that doesn’t let me get an interview only court.
So all in all, I’ve been counting 8 years now without resolution.
I kept myself busy, got a medical diploma, working and volunteering to help this country during the crisis. I’m still in school for a college degree now.
I’m happy, I’m hopeful.
Keep your head up, good things take time.
Hopefully after all this mess, whole America will take a new approach for all of us. We deserve it.
It’s a wake up call.
Thank you for sharing. It is very encouraging.
@June congratulations. I tap in your anointing.
Just wanted to update you guys, I applied for EAD renewal Dec15th, got my EAD today!
God bless you all!
Hi Jason,
I have a pending asylum case with Chicago since 2016. I conducted my interview at one of their field offices ten months ago. Since then, I have received no response, and the online case status reflects (the decision is pending). When do you believe it is the right time to start inquiring, does inquiring change the timeline or just a status check? What is the right way to inquire?
I’m from the middle east (Not from Iraq, Iran, Syria, Libya or Yemen).
Thanks!
You can inquire now, though it seems they are less likely to reply during the shutdown period (asylum offices are operating, at least in some capacity). We usually make inquiries by email. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
I thought to share my timeline with you. This might be helpful for some people.
1- Form I-730 filed in January 2018 to TSC (the Beneficiary was in the USA and the processing time was 5-7 months).
2- As a result of Outside normal processing time ( 9 tickets were submitted, Ombudsman’s office was contacted though was not useful at all, Congressman was contacted and it was useful apparently).
3- After 22 months wait, the case was transferred to a local office and Interview was scheduled. Both the Principal and the Beneficiary were called separately for interview in the same day. The interview was all about relationship questions and nothing related to asylum.
4- Two weeks after the interview in the local office, the case got approved and approval letter was sent to us.
5- Applied for EAD and Travel document. After 5.5 months wait, we received both. They do not automatically send EAD for Approved I-730 cases and therefore you have to apply yourself.
Thank you so much for sharing time line. i have applied i730 for my spouse in 2019 TSC. i did not heard anything its been about one year.
Thank you for posting this, Jason
Thank you so much for sharing these important info in details for asylum seekers community. My spouse who is an asylee (the principal) received a letter for an interview from uscis local office in Houston days before the uscis shut down. The letter was about the principle interview not the beneficiary. I,(Beneficiary) am currently in the US expecting to receive the letter for the interview not my spouse. Sir/Madam, I have couple of questions to you if you could Kindly answer me in details. when you guys received the letter regarding the interview, did you guys received two separate letters for the interview or just one letter that contained you and your spouse names? was you and your suppose interview was with the same officers? could you please write down in details what kind of docs did you take with you? after i730 was approved why you applied for EAD card? the approval letter (I94 card with asylum status granted indefinitely) is not sufficient for showing as a proof of work permit authorization instead of EAD card? I mean can you legally work right after i730 approval instead of waiting 5.5 months for EAD card? Thank you so much in advance for your reply.
I did a blog post in December 2019 about the I-730. That post has a link to some very helpful guidance about the I-730 process. But for the interview, even if it is only for the principal asylee, it would make sense for both of you to attend. You should have all the original documents that you submitted in support of the I-730, such as the original marriage certificate, passports, birth certificates, evidence of marriage, proof of asylum status, etc. If the I-730 is approved, you are an asylee and eligible to work immediately. However, most employers do not understand this, and so the EAD is important. Take care, Jason
Dear Beneficiary,
In the letter, my name (Beneficiary) was clearly written and indicated that I should be in the interview. We received only one letter. The same officer interviewed us separately within 35 min. Every document that tells them a genuine relationship between you and the principal (photos, letters, marriage certificates, joint bank account, joint lease, joint pictures and etc.). Yes, in the approval letter, I-94 is written with Indefinitely. However, as Jason indicated some employers don’t know that and they wants you to provide them with EAD. Yes, with I-730 approval, you can work legally.
Thank you so much again dear asylee for your reply and clarification. Your response gives me a clear idea regarding what will be the next step.
God bless you dear asylee and your family.
Please I wish to find out ;with pending asylum, my EAD will expire early May.including my driver’s license same date as EAD.
I applied for EAD renewal months ago which I have not received new one because of COVID 19 as USCIS is temporary closed.
Will.i still be able to work or drive with expired EAD and drivers license while waiting for the new one after USCIS reopens?
Please I need your advice.
Thanks and stay safe you all
When you received the receipt for the new EAD, that document automatically extends your old EAD for 6 months, so you are eligible to work and you should be able to renew the driver’s license (the DMV is probably closed, but check the website, as they may have automatically extended licenses during the pandemic shutdown. Also, we are still seeing EADs being processed, and so you may receive them in the mail even though USCIS is closed for in-person appointments. Take care, Jason
Hi Jason, hope you are doing well! I am granted February 6th after 6 years backlog. Thanks God! Right after I have filed I131 (February 18th noticed date) and had an biometric finger print appointment March 18th 2020 the they closed the USCIS Manhattan office due to COVID19. Do you think they might reuse my recent EAD biometrics? or I will wait until they open the office. Which no one knows when!
I also appreciate all your help guidance since last 3 years I haven been reading your articles and news and was hoping to have my interview. Please whoever is on backlog waiting for that DO NOT LOSE YOUR HOPE! and don’t give up. It will happen eventually.
God bless you
Leylam
Congratulations on the grant. As for the I-131 (I am assuming, a Refugee Travel Document, I do think you need biometrics for that. Maybe they can reuse the old biometrics, but if I remember correctly, people do have to do that again. Hopefully, I am wrong on that point. Even if I am correct, whether this will cause much delay in the overall processing time, I do not know. We have lately been seeing RTDs take close to 6 months (this was before the pandemic). Take care, Jason
Hi Jason. As USCIS is closed to the public due to covid19, do you think that will speed up the asylum backlog processing?
I am not sure it will help much with the backlog, but maybe. You would think that they could focus on issuing decisions for cases that have already been interviewed. Maybe they are doing this, but I have not yet seen it for my cases. Take care, Jason
I sit, I look at the window , I read the news. The world is ending they say . I choke and take deep breath . I search for a lighter to light my cigarette up and it’s gone . I panic . And then I found it .I had an epiphany . This is all dream and when we leave . we WAKE UP . Relax .
I am not a smoker, but I find myself craving a cigarette. Or better yet, a cigar. Maybe tonight. Take care, Jason
Hi Jason,
What is the likelihood of a fraud finding in the affirmative asylum process? If the officers don’t believe the applicants testimony (without any other evidence of fraud), will they just deny the asylum or will they report it as fraud. Have you every had such a case (labeled as fraud by the asylum officer)?
I have only had one case where the person lied and it was deemed a fraud (and he was convicted of a crime for that). I wrote about that case on January 3, 2018. In my experience, a fraud charge is very rare. In that particular case, the client clearly lied (to the government and to me) and the asylum officer had evidence about that. But in a typical case where a person is denied for credibility reasons, we do not see accusations of fraud. Take care, Jason
Jason (and other readers with similar experiences),
Maybe you have an idea: I sent my I-785 package to the Texas center and it arrived (per UPS’ confirmation) last Thursday (it’s been eight days). The check hasn’t been cashed out yet, and that probably means that the envelope still isn’t open (judging from my previous interactions with USCIS, when checks were cashed fairly quickly). Is it a normal situation (given everything that is happening now)?
Hi,
I can share my experience, I’ve also sent i-765 to Texas but in December, and my check was cashed out 2 weeks later. Did you send G-1145 with your documents? That way you’ll receive notification that USCIS received your case before letter in the mail.
Thank you, Irina, for sharing your timeline, it’s helpful. Yes, I did included the G-1145 form, as well. Did you get a text message/email from USCIS?
Yes, I got text notification ~6-7 days after UPS delivered it with a case number. Maybe Jason can advise you how to check if USCIS received your case, and hopefully you’ll also receive your notification on Monday.
I don’t know what “normal” is these days, but USCIS should process the case. They are still operating, except for in-person interactions. But how well they are operating, I do not know. We have been getting receipts for EADs, so hopefully, you will get that in a few weeks. Take care, Jason
Hi MN,
i Send my EAD with Credit information in dec2019 with G-1145.after 4 days i got text with receipt# and also they charge 410$ the same day. on march 25,2020 i got my renewed EAD.
Thank you for sharing!
Thank you Jason
Is LA going to hire move officers ? people waiting for half a decade for a lousy interview .
Supposedly, they did, and before the shutdown, I believe things were moving faster there. My guess is that once USCIS reopens, LA will be moving quickly, but we will have to wait and see (plus, I have an uncanny ability to get my predictions wrong). One option when they reopen is to try to expedite your case. I wrote about that on March 30, 2017. Take care, Jason
LA does not accept any expediting request even if the applicant is dying .
Dear Jason: Thanks for all ur posts that help us hopeless ppl with little knowledge!! I have a individual hearing before San Francisco court in 2022, do you think I may take advantage of attending any universities in other states rather than northern California?? or I ‘d have to transfer my total case pack to the asylum office where the university locates and be assigned to another date of hearing???
another question I wanna know(pretty common and basic but omg I didn’t know til now!) is that by holding the C08 card and waiting for the hearing, should I even be granted for the h1b application and may be possible to transform from asylum status to h1b status??? I came to the country legally through b1/b2 but extended the visit period a little longer than travel visa permits.
Thank you Jason and please stay safe!!!
If you move, you are required to change your address (use form EOIR-33, which you can Google). However, if the move is temporary and you keep your permanent address, you should not need to change your address. Even if you do change your address, you do not need to move your case to another court (though sometimes, the court will do that without you asking). As for the H1b, you could probably only get that by leaving the US, which will be difficult to do, given the pending court case. If you think that is a possibility, talk to a lawyer to see whether it is possible, and maybe to explore whether there is any option for you to get the H1b without leaving the US (I think this cannot be done, but I do not do H1b visas, and so maybe there is something I do not know about). Take care, Jason
The thing about leaving to get an H1b visa. Technically, if you the whole H1b case goes through, your status changes, and you become “more” legal in the country (compared to the pending asylum case). You need to leave the country in order to get a visa (sticker) in your passport so that you can travel. Technically, you can have a status that goes with an H1b visa but don’t have a visa in the passport. It kinda of defeats the purpose of having a visa (your ability to leave and return to the country) but at least it “legalizes” you in the country.
It is better to have an H1b and asylum pending than just asylum pending. The question is whether that is achievable and – if you have to leave the US – whether it is worth the risk. Make sure you talk to a lawyer if you try this, as you want to protect yourself as much as possible. Take care, Jason
Thank you Jason!!! if i go to school out of state for about 1 year long, is that considered as temporary move ? how can i “keep my permanent address”?????
I think if you keep your permanent home (and keep your driver’s license, taxes, etc., there), then that would work, but if you give up that home, and your only address is at school, I think you would need to change your address. Take care, Jason
WOW that’s really good news for me, you mean even the judge has the information about my university record?? just tell him I still keep my permanent address in San Francisco?? THX!!
The judge would not have that info. You should have evidence that you kept your permanent address in case you are asked, but many students go to university away from their homes but keep their home address, so as long as you have some evidence if asked, you should be fine. Take care, Jason
Thank you Jason!!! if i go to school out of state for about 1 year long, is that considered as temporary move ? how can i “keep my permanent address”?????
It was much-needed information, Jason. Thanks for this.
Thanks Jason for this. I promise to send you some tips once I get the $$$$$$😂😂😂😂
Oh not tips. I meant to say toilet papers😂😂😂
I am ok at the moment, but thank you, Jason
Hello Jason,
I am asylum seeker with pending application at the moment.
Suppose I receive unemployment benefit right now. I marry US Citizen in year 2021. Will I adjust my status base on marriage or USCIS will deny me adjusting my status because I have received unemployment benefit in year 2020 ?
Second question might or might not have answer.
Some people like me depend on two source of income ( e.g., part time uber driver and cashier).
I am unemployed for uber driving while I am working at a Cashier.
Will I be considered as unemployed ? Will I be able to file for Uber driver (self-employed) unemployment benefit ?
I assume that because I am working in one job, I will not be considered as unemployed .
To benefit with unemployment , I have to stop the other job (Cashier) and apply for unemployment.
What are your thoughts
Best Regards
No, you are not unemployed 😂
1 – Unemployment benefits have no effect on an asylum case and are not considered for the public charge analysis (though being unemployed may be a factor). 2 – Sorry, I do not know about this. It would have to do with the unemployment rules in your state. Take care, Jason
Hello Jason I Am an asylum seeker with on a work permit & I work in the health care ,I think they should grant us the green card for serving the county during this dangerous pandemic crisis .just an idea 🙂
I need to switch to health care just incase😂😂😂
Tony,
Same here, Let’s wish! I am getting call from all those companies which rejected by application before! I dont mind working, ofcourse I am working about 64 hours per week after this pandemic. I used to work 36 hours before😎. I know I should not compromise my immunity by overworking but I should contribute as much as I can for this country when needed🙂🙂
Wow! 64 hours a week? Be safe though
Thank you and take care, Jason
Same here!
My wife is an EMT, I’m a clinical medical assistant and nursing student working in an emergency medicine clinic. We are in NYC, where the pandemic hit the hardest. My wife had to self quarantine for a week when she got sick (probably with covid), but now she’s back to work saving lives. We are both on pending asylum and have individual hearing this fall.
I don’t expect or require special recognition, but it sure feels good when people thank me for my services. 80% of my colleagues are also immigrants from all over the world. As of now, I’m working 65-70 hours a week and take care of COVID-19 patients every day. I do anything I can as long as I can! We’re in this together! 🌎 👊🏻🦠
Oh my! You guys are super heroes. I wish there is a way mr president can hear these stories,and maybe, he will begin to see us differently.
When it comes to blood , and internal organs, we are all the same.We get sick the same.
For those of us who are not in health care, now is the time to give back.Blood is critically needed at this time too. If any of us can, let us go and donate. There’s a feeling that comes with doing something that than save lives.
Be safe out there, guys.
Same with me guys. I am a pharmacist working here in California in a detention facility. We are working as front liners and I don’t think it in a way that we are doing any favors to people or government because we are just doing our jobs. Good thing is people are recognizing healthcare workers now, how they are underpaid than other like IT, who are just sitting at homes or offices and getting much more than this. I think law makers should consider it.
Just my thoughts.
I hope they do. And I hope you and other non-citizens like you will continue to post their stories on different forums. It is important to know how many immigrants are assisting in this effort (the Washington Post has a story today related to this issue, but the more attention it gets, the better). Thank you and stay safe, Jason
Hey Alna, I appreciate what you’re doing at this critical time. I also work at the Health industry but I’m not a health professional but IT. This is to let you know as how IT is a non replaceable backup for the health workers since everything is pretty much dependent upon technology especially in this country. My coworker in the IT department tested positive when he help doctors and nurses. They do have full protection suit and mask but we don’t. We might not have a direct contact with patients but we do have direct contact with devices and infected rooms. We’re not just working from home. But, saying all this, I still agree health workers needs benefit raise…I just wanted to note IT and others are also significantly contributing, not sitting at home. At least, you get recognitions. Ha
IT workers and many other are making valuable contributions. Thank you for your work and for mentioning this point. Take care, Jason
Amazing work – Thank you and stay safe, Jason
I heard that Portugal granted residency to everyone in the country. I doubt our current government would do anything to help you or the many people like you, but if they did, it would be great for our country and for all the people like you working to help. Thank you for your good work and take care, Jason
I just saw the article about Portugal.
Let’s see if other countries will do the same.
Portugal is granting the residency and citizenship rights temporarily.
So after the health crisis is over, they go back to pending applications?
Good question. I guess we will see. It might be an interesting experiment to see what would happen if they just let everyone stay. Something tells me that if they did that, it would turn out just fine. Take care, Jason
It appears that this is a temporary move until June 30th with the goal to give everybody access to the health system during the COVID-19 crisis. Portugal might be a universal public health system country, so freely accessible to citizens.
Great news to hear.Every one ,especially our asylum seekers community, Stay safe and blessed.
Are approved WOR persons eligible as well?
As long as you meet the substantial presence test and have an EAD and SSN, it seems to me that you would be eligible for the payment. That said, I have seen no guidance on this point at all, but based on what I have seen, my guess is that you should be eligible. Take care, Jason
Thanks this amazing piece, Jason.
Thank you – this stuff is a bit outside my normal specialization, and so I hope it is helpful. Take care, Jason