In 1993, Tara Reade was a legislative aid for then-Senator Joe Biden. In 2019, she went public with an allegation that Mr. Biden “used to put his hand on my shoulder and run his finger up my neck.” She says she complained about the behavior after it happened, but then faced retaliation, which caused her to leave her job. In March of this year, Ms. Reade stated that on one occasion, when she was alone with Senator Biden, he pushed her against the wall “and then his hands were on me and underneath my clothes. And then he went down my skirt, but then up inside it and he penetrated me with his fingers. And he was kissing me….” In her 2020 statement, Ms. Reade indicated that she made a contemporaneous complaint alleging sexual harassment, but not sexual assault. Several people–including Ms. Reade’s brother and a friend–have stated that she told them about the assault years ago, and there is some evidence that Ms. Reade made a complaint during her time in the Senate.
Ms. Reade’s allegations got me thinking: How would her testimony and evidence be evaluated under the standard applied to asylum seekers testifying in Immigration Court? Let’s start with the legal standard, as set forth in INA § 208(b)(1)(B)(iii)—
[A] trier of fact may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or witness’s account, the consistency between the applicant’s or witness’s written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record… and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor.
So right away, we can see an issue: Ms. Reade states that she complained about sexual harassment in 1993 and she publicly claimed sexual harassment in 2019, but then in 2020, she stated that she was also the victim of a sexual assault. This is an inconsistency.
But an inconsistent statement is not necessarily fatal to a credibility determination. Applicants must be given an opportunity to explain any inconsistencies. In our case, Ms. Reade stated that she did not disclose the assault in 1993 because she was traumatized, and that she did not mention it in 2019 because she was uncomfortable with the interviewer’s questions and fearful of a backlash against her. She decided to reveal the full story in 2020 because she felt she needed to do so for her daughter and for other victims of sexual assault, and because she felt Joe Biden should apologize.
Once a witness provides an explanation, the decision-maker has a certain amount of leeway to evaluate that explanation. According to the Board of Immigration Appeals, “An Immigration Judge is not required to accept a respondent’s assertions, even if plausible, where there are other permissible views of the evidence based on the record.” Where does this leave us? Nowhere too helpful, I would submit.
On the one hand, we could find Ms. Reade’s testimony incredible, since it has changed over time and her most recent (and most serious) allegations are different from what she allegedly claimed in 1993 and what she described in 2019. On the other hand, she has presented an explanation for the inconsistency, which is based on the trauma and shame she suffered, as well as on her fear of further harm. Given this evidence, a reasonable fact-finder could decide either way on credibility, and such a decision would likely survive an appeal (where factual findings are subject to a “clearly erroneous” standard of review).
Since the decision-maker could go either way, what would account for a particular decision? In Ms. Reade’s case, the decider’s view of sexual assault in general would be one factor. Do victims make false accusations? Do perpetrators deny their guilt? How much evidence is enough? In this particular case, I imagine partisan loyalty would also be a factor for many decision-makers, especially in such a hot political environment where an allegation of sexual assault could impact the upcoming election. And speaking of partisan loyalty, what about Ms. Reade’s political views? Are they relevant to impugning or bolstering her claim? What about the fact that she is exposing herself to terrible harassment (and maybe worse). How do we weigh these factors in terms of evaluating her motive? Also, how do we account for other women accusing Joe Biden of inappropriate touching? Do these allegations weigh against him (because he engaged in inappropriate conduct) or in his favor (since that conduct seems not to have risen to assault)? In short, it seems to me that the decision about Ms. Reade’s credibility tells us more about the fact-finder’s views than about the facts of her case.
If I am correct about Ms. Reade’s claim, what does this mean for credibility in asylum cases? In some ways, the situations are analogous. We have to listen to a witness and evaluate credibility. It’s also fairly common for asylum applicants to change their stories over time. This may be legitimate (it often takes time and trust to extract painful details from a traumatized person) or not (some applicants seek to bolster their claims by lying). As with Ms. Reade’s case, there is often additional evidence, which also needs to be evaluated for credibility and evidentiary value, and in cases where this evidence is strong, it may be determinative of credibility. In other cases, the credibility determination will depend largely on the decision-maker’s inherent biases. I suspect this is largely what accounts for the arbitrariness of asylum adjudication.
In Ms. Reade’s case, I doubt we will ever see a definitive answer about her claims. They are too old and too subsumed by partisanship to be resolved with much confidence. Many asylum claims are also not amenable to a definitive conclusion due largely to limited resources (of the applicant and the adjudicator). In both situations, we are left with our own biases, which are a poor substitute for knowing the truth.
Dear Jason, What’s missing from your analysis is a discussion of the meaning of Art. 1A2 of the Convention on Refugees, which is a “well founded fear of persecution”. This is, in itself ambiguous at best. Ms. Reade’s allegations are backstopped by her mother’s testimony, indeed her mother called-in to Larry King to discuss what happened to her while working in the Senate (as an anonymous called, but she was readily identifiable). She was allegedly subject to retaliation that led to her being fired, and blacklisted. I don’t know if you’ve been familiar with a high-level blacklisting in the U.S., but that’s a real thing, so too is administration persecution, so too is judicial persecution – both of these have become more salient as the two party’s relationship has become more fractious and Republicans are complaining of abuse (in “Weaponization of the Government” Congressional Hearings) from acts done under laws Republican predecessors promoted post 9/11,
Tara Reade got temporary asylum in Moscow last month. She got the support of Russian legislator Maria Butina. She got Executive Branch asylum, not judicial asylum, the latter being an issue when an asylum claim is dismissed by an administration.
Your article is about judicial asylum, and court-analysis of credibility of Art. 1A2 appicablilty.
Tara Reade got administration asylum straight-up with no problems. From her own report, she was in Moscow promoting her book, and she was notified that an Interpol Red Notice was pending, and told she should not go home. She was already aware of a sealed indictment from several years prior.
I think the issue here is shock and dismay that a U.S. citizen needed asylum, and I don’t know why this should be a surprise. The U.S. has some very odd laws on the books, and has some odd practices. Any government in the world is capable of persecution. The United States is no exception.
The evidence she presented is weak, at best, and even if she is telling the truth, I doubt any legitimate court would ever find her credible given all the inconsistencies. And of course, no asylum court in Russia is legitimate, as they want only to score propaganda victories against the US. Maybe that is one way for them to distract from their criminal, murderous war in Ukraine. Take care, Jason
Hi Jason hope you doing well and safe, I need to apply for AP for travel and also need to renew my EAD, is it possible to do both things in one fee?
If you have a pending asylum case and you are applying based on that, you need to pay the two fees separately (or apply for a fee waiver, which I think you can do only for the EAD – check form I-912, available at http://www.uscis.gov). Take care, Jason
Thank you Jason for clarifying.
Hello,I am Syrian and I have a case from 2014. My interview was in 2017. I asked a lawyer, “ how can I get the result after a 3 year wait”. The lawyer told me to expedite or file a lawsuit against the Arlington office. Would any of those options effect me in a negative way?
You can contact the Arlington office and inquire about the case (though they are not so responsive due to the pandemic). You can find their email if you follow the link at right called Asylum Office Locator. We wrote about mandamus lawsuits on October 2, 2018 if you are interested. An inquiry will have no negative effect on the outcome, and I do not think a mandamus lawsuit would either, but I am not completely sure. If the asylum office is not able to grant the case due to an incomplete security background check, that might cause them to deny the case. That may be better than waiting forever in limbo, though. In general, my sense is that the lawsuits do not negatively affect the outcome. Take care, Jason
hello jason
i had failure to register the selective service and i just turned on 26 now and i try to register before but did not properly succes and i did call so did it will be consequence for my lifetime and i will apply a green card sooner did will be bad and did have a solution .
thank you
If you are granted asylum, I think you are supposed to register, but if you do not yet have asylum or a GC, you should not have to register (you can check their website about who must register). I think if you are not able to register online, you should try to contact them and see what you can do. Keep copies of any emails or communications you have with them. When you apply for citizenship, you will need to explain why you did not register. You might want to talk to a lawyer about that, but USCIS has basically allowed people to become citizens, as long as they explain why they failed to register. Whether that will still be possible in the future, I do not know, but it would be worth discussing with a lawyer when the time comes. Take care, Jason
Hello Jason, thank you for sharing so much useful information with us! I have some question about my case. 1. In my case, my wife is principle and I am dependent. When I check our case status on USCIS website, it only show the tracking information with my wife’s receipt number, but not recognize my receipt number, is that normal because I am dependent? 2. Last year we moved to a new address(in same interview office) and filed AR-11, and received confirmation from USCIS. Do we need notify someone else? Like interview office? If yes, how to do that? 3. When we moved, me and my wife both filed the AR-11, but we only received my wife’s change address confirmation without mine, is this still because of I am dependent?
1 – I think that is normal. 2 – That should be enough. Make sure to keep the confirmation. 3 – I think so. We normally only file the AR-11 for the principal applicant, but technically, I guess you should file it for each person in the case, so I think you did the right thing. Take care, Jason
Hi Jason,
Did you hear the news that USCIS is struggling with budgetary issues? How do you see this impacting asylum and green card applications in the pipeline? As always, thank you for your guidance!
I will try to post something about this soon, but as of now, we do not know how or whether it will have any effect. My guess is that Congress will give them the money they need, and they will increase fees to pay the money back, but if they do not get their money, they may lay off employees, which presumably would have a negative impact on their ability to get work done. We shall see. Take care, Jason
Dear Jason,
Hope you are doing well in this difficult time. On May 04th, I applied for asylum but today received Notice of Action rejecting my application. N/A issues.
But besides, I am confused about my wife’s current status. Previously, I filled her status as VISITOR. However, her permitted stay expired on March 05, 2020 (mine too). Should I write that her status as illegally overstaying or something else? I am planning to resubmit my application tomorrow.
Kindly asking your help on this matter please.
regards,
NEM
Dear Jason,
One more thing, as an asylum applicant, do I have to pay a fee for application or fingerprints processing along with my I-589 application?
Best,
Nem
For people who entered on a B visa and whose status has expired, I normally write “B visa expired”. Also, asylum seekers do not need to pay any fee for biometrics. Take care, Jason
Thank you so much Jason.
Dear Jason
I am writing to kindly inform you that October 20, 2019. I submitted I-589 on behalf of my wife asking the USCIS to include her in my pending asylum application. in a Notice of Action dated November 25, 2019, the Texas Service Center stated that the USCIS was unable to accept the application because “government records indicate that a decision has already been made” and advised me to contact my local asylum office for more information.
As per the USCIS advice, I contacted the ARLINGTON ASYLUM OFFICE and that office confirmed in writing that I have a pending asylum application. Subsequently, I resubmitted the entire application along with the letter from the ARLINGTON ASYLUM OFFICE.
However, in a Notice of Action dated January 27,2020, the Texas Service Center repeated the content of its previous Notice of Action verbatim.
For the 3rd times I submitted the application along with the ARLINGTON ASYLUM OFFICE letter that I received on 1/08/2020 on 5/06/2020 but they sent me the same message for the 3rd times and to contact the office. I don’t know what to do right now and confused I don’t want my wife to be illegal waiting for her legal permit to live in the USA/ its been almost 10 months .
My wife has been in the U.S.A. For about 10 months and she is extremely worried about her status. On top of that, she is pregnant and that has taken a toll on her physical and emotional wellbeing.
I don’t understand why the USCIS keeps telling me that “government records indicate that a decision has already been made” on my case when actually the Arlington Asylum office has confirmed that I have a pending asylum application.
The TSC is probably the most incompetent office in the US. That said, I am not 100% sure I understand your question. If you are trying to add your wife to your existing case, and things have not worked at the TSC (since they often screw it up), you have to file directly with the local office. Contact Arlington and hopefully they can instruct you, but generally, this is a big pain and requires a fair bit of effort (even during times when the office is open and functioning normally). If your wife is trying to file her own case, she typically would do that at the TSC, but if she is already part of your case, you have to file directly with Arlington. You may want to get a lawyer to assist with this, as it is often a big bureaucratic mess, even in the best of times. In terms of her one-year bar, I would not worry about that too much – you have proof that you tried to file the case timely, and so there should not be a problem, as long as you continue to make efforts to get it filed. Also, if she is a dependent on your case, the one-year bar does not apply to her (since it is your case). I know she will be more comfortable once the case is properly filed and she has an EAD, but I do not think she needs to worry too much, as she is unlikely to have problems as a result of this delay (aside from the delayed EAD). Take care, Jason
Thank you jason i will try that
I am having the same issue. I am considering Ombudsman.
Hi JASON. I request you please enlist this question of mine a bit in detail, if its possible please.
I am having I-130 pending through marriage.I entered US on B1/B2 visa.For some difficult reasons ( Which was not my fault) ,I misrepresented myself from being a divorcee to married one to consular at embassy and later I explained this point to my asylum interview officer too. I am sure I would be accused of False representation or Fraud during my adjustment of status or during I-130 interview.The one Thing I want to ask is about ” Material misrepresentation”
Chapter-3, Section-E, [8 USCIS-PM J.3(E)] —-Guidelines..
“Consider whether the evidence in record supports a finding that the applicant is (or was) inadmissible on the true facts”.
Dear Jason ..1..Could you please clear it for me If the above guideline would be applicable on B1/B2 visa process OR forthcoming I-130 interview application? Are they talking about If I had not misrepresented, the consular would have denial B1/B2 visa in reality? So even If I had represented myself a divorcee, it would not have denied visa or made me inadmissible. Is it a MATERIAL misrepresentation?
2..How this misrepresentation would be applicable on me, If that false representation did not shut off line of inquiry, which would have been in denial my B1/B2 Visa?
3..Can I rebut USCIS officer arguments by saying that those false representation was NOT material misrepresentation?
Your answer would be appreciated
1 – The rules about misrepresentation are interpreted broadly. It sounds to me like you did misrepresent, and that you will need a waiver. To get asylum, you may not need a waiver (the relevant BIA case is Matter of Pula), but to get the green card, you probably do. In a situation like this, you really should have a lawyer to help you. And whatever you do, do not try to cover up the prior misrepresentation, as they will already know about it and it will cause more (and worse) problems. 2 – I do not know the specifics of the case, but based on what you write, I would say this definitely applies to you. 3 – Again, I do not know the whole case, but it seems clear to me that that will not work. You really do need to talk to a lawyer about this. It is the type of problem you can probably overcome, if you approach it correctly. But if you approach it incorrectly, it will likely block you from getting a GC. Talk to a lawyer and get it resolved properly. Take care, Jason
Hi Jason, Thank you for everything you have been doing for us here. Only God in heaven can reward you for your effort. Pls our 1-485 was returned for improper filing. They mentioned biometrics fee as the reason but when I called uscis, the lady told me we suppose to pay 1225 per person and that includes biometrics fee Are we supposed to pay for green card processing fee? What documents are needed to file for 1-485 adjustment of status? Thank you
You should look on the rejection notice, as it normally explains the reason for the rejection. The fee for most people, including biometrics, is $1225, but some people pay a different fee (certain children of applicants, for example). You can check that at the I-485 page at http://www.uscis.gov. Did you make the check to “Department of Homeland Security”? If the check was written to the wrong name, that could be the issue. In terms of documents needed, it depends on the case. For an asylum person to get a GC, normally, they need proof of asylum, birth certificate, passport, photos, and filing fee, but other documents may be needed as well, and you have to check the instructions. Take care, Jason
Hello Jason,
Filed for ead in feb 2018 for I and my kids and I received mine for I and my son, didn’t receive for my daughter as we were told to file under a different category because she was approved. So we did that and only my son’s ead came with approval and I and my daughter did not. My daughters ead came with the C8 category and my son A5 even when we sent in the application together.I did not get my daughter’s social security. My lawyer says we should go ahead and file for green card with the approval letter that came since 2018 because each time she inquired she is told to refile.Thinking too much has affected my health (heart/chest pain).I just pray my kids are safe no matter what happens to me.
What do think I should do? refile for ead (done that twice or file for green card with just the approval letter.
How do I get my daughter’s social security?
If your asylum was approved a year ago, you can file for your GC based on asylum. If you are not sure, contact the asylum office to get a status update. You can find their contact info if you follow the link at right called Asylum Office Locator (they will likely be slow to respond due to the pandemic and the shutdown). You can also file a Freedom of Information Act request to get a copy of your file – form G-639, available at http://www.uscis.gov. If asylum is not approved, you may want to call USCIS to see what is going on – 800-375-5283. As for your daughter’s SS number, if she has an EAD, you can contact the Social Security Office and they should be able to issue the SS card (I do not know if they are open during the pandemic). Take care, Jason
Hi,
I have applied in July 2016. Still, I haven’t received any responses. When I check online, it just says that my case is pending for how many days.
I Think that has been too long.
Unfortunately, you are not alone – many people are waiting since 2016. You can try to expedite once the asylum offices open up – I wrote about that on March 30, 2017. Take care, Jason
Which he will most likely fail for such a expedite request ?
It is not easy to expedite, and who knows what things will be like when they reopen, but they can try. Take care, Jason
Hi Jason,
I read on the news that uscis will run out of cash and will reduce their staff which includes asylum officers and….. do you hear about this news?
I saw that too – It looks like they are running out of money due to lower demand. Whether and what effect it will have on the agency, we don’t yet know, but they have proposed a few times to increase fees, and so that may be implemented soon. Take care, Jason
Hi Jason,
My EAD will be expired on 02/10/2021. How long it’s safe to file for renewal of it before it expires?
Thanks,
The soonest you can file is 180 days before the card expires. If you file too soon, the application will be rejected as filed too early. Take care, Jason
Again its me
Applied for asylum On December 2015
Chicago office
Interview Feb 2019
Write of mandamus Feb 2020
Referring to Immigration Court. may 15 2020
Syrian
Am so sorry to hear this. At least you have another chance at the immigration court. I wish you all the best.
Sorry to hear. I hope you have a positive outcome in court. All the best!
Mohamed, it seems like they have denied your case not after analysis, but to just send you away. There is a lawsuit going on by ACLU about cases like yours. Look at the following link. There might be some benefit in contacting the ACLU and having your case added to it. the following is the link:
https://www.aclusocal.org/en/wagafe-v-trump-notice-potential-class-members
Thank you very mach
Thank you for sharing this. The lawsuit does not seem to include people seeking asylum, but I wonder if there is a separate action for such people. It would be worth reaching out to the ACLU about this. Take care, Jason
The class certification at the moment does not include asylum seekers, but I think that is because none of the plaintiffs were applying for asylum. It seems to me that asylum and green card applications are similar in that they are both discretionary (with limited exceptions). So if the law suit is already class certified for green card cases, the judge might agree to extend the class certification to asylum if there was a related case amongst the plaintiffs. Naturalization is another story as it is not discretionary once the requirements are met. USCIS has long abused its authority to shut down any voices from the middle eastern asylum-seeker community who dare to stand up to them, as Mohamed did in his case by filing the writ of mandamus. It is my hope that one caring middle eastern asylum-seeker will join the ACLU and force them to abandon the illegal CARRP (Controlled Application Review and Resolution Program) program.
Even if they cannot join this particular lawsuit, it seems to me that a separate suit on behalf of asylum seekers would be very appropriate, and I would encourage people to reach out to the ACLU to see if they can assist. Take care, Jason
I think you did the right thing! You could have waited for another 3 year for 50% chance of approval or referral to court. Now, you just have to wait 2-3 years for the court where you have much higher chance of approval. I wish I did the same as soon as I finish my interview. Can you share why they referred you to court? is it because background check is pending?
I am sorry to hear it. The asylum offices have been trying very hard to deny Syrian cases. I do not know why, but it seems to be a pattern. You should still have a good chance to win in court where there seems to be less bias. Take care, Jason
Goos Morning every one i hope u are doing well
I want shear my time with every one
I applied for asylum on December 2015 chicago office
Interview was on Feb 2019
Talk led to Congressman 4 times
Went to asylum office twice to ask for decision
Every time the answer is background check clearance
On February 2020. I decided Do to writ of mandamus on Federal Court
Yesterday the status changed to Decision was Mailed
Today unfortunately the days is stll running
So i think i didnt get approved
Not Sure yet how is the system works especially it came on weekend
Will update u for sure but my question is have you or any one reeding this ever get approved and his case add one day after Decision was mailed
Thank you and im From syria
Hi
I also applied for asylum in Chicago. My clock was stopped immediately my decision was mailed. I think it has to show “your EAD clock is currently stopped”…….I got approved. However, it doesn’t mean that your case was not approved. You just have to wait for the letter in the mail, it should arrive in about a week. Sometimes the website is not 100% reliable.
My timeline:
applied: March 2017
Interviewed: Dec 2018 in Cleveland
Approved: Sept 2019
I also contacted my congressman and it was approved within a month or so after he contacted them. I think he helped to facilitate my decision.
Hello Jason, I have a question about a pending asylee’s minor child. This high school student is applying for dual enrollment in the local community college for classes in the next school year. She will still be in high school, but would receive 6 hours of college credit when she graduates.
To pay in-state tuition, she has to attest under penalty of the Tennessee Eligibility Verification for Entitlements Act that she is an alien lawfully present in the United States. If she makes a false claim, she will be subject to liability under the Tennessee False Claims Act. Tennessee offers a grant to pay the tuition for low-income students. She is being encouraged to apply for this grant.
Two questions:
Is she considered an alien lawfully present in the U.S.?
Could accepting a public grant and/or paying in-state tuition affect the decision in her families asylum case? Could it be considered under the Public Charge rules?
They have not yet had their interview (delayed due to Covid outbreak) and have been here 4 years.
Thank you for the incredible work you do.
I do not know, as I do not know what “alien lawfully present” means for purposes of the TN law. She is lawfully in the US, as she has a pending asylum case. However, unless she has some other valid status besides asylum pending, she has no legal status here (she has applied for a status and is waiting for a decision, and so she is allowed to remain in the US while the case is pending). I think you will need clarification from TN – how do they consider people whose status has expired, but who have applied for a new status? As to public charge, those rules do not apply to asylum seekers. If she seeks a GC some other way, the rules could apply, but I doubt this would be a public charge factor. You can look at form I-944 and the instructions to that form (available at http://www.uscis.gov) and that may give a better idea, as I am not 100% sure, and you might want to check. But if the only application is asylum, the public charge rules do not apply. Take care, Jason
Thank you Jason. Upon further research I found that Tennessee uses the definition found in
8 U.S. Code § 1621. Aliens who are not qualified aliens or nonimmigrants ineligible for State and local public benefits
Unfortunately, this high school student whose family has a pending asylum case does not appear to a qualified alien according to Tennessee law, since she does appear to be a qualified alien according to this U.S. code. So she can’t get in-state tuition or the state grant. We’ll find another way. Take care. Courtenay
Sorry to hear that. Sometimes the schools have expertise in these things, so maybe there is a way to double check with them, but I know many of my clients can’t get in-state tuition or certain other benefits unless their case is granted. Take care, Jason
Hi Courtenay,
The law here is Texas is “similar” about in state fees. If someone graduates from a high school or successfully completes GED, they are eligible for in state fees and Texas grant. And in Texas, the other provision is if you have worked here and lived for twelve months you are eligible for instate/ resident fees.
I believe even in Tennessee, she should be eligible according to following second provision I mentioned if she has EAD.
(B)with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Secretary of State, after consultation with the Attorney General;
Mostly, you have to explain to the registrar’s office in case they questions the student. I have seen some people who are eligible to pay instate fees but schools tell them, “No, they are not” because of pending asylum which is untrue specially in Texas. For example, I have been in two schools and paid in state fees but right now I am about to graduate in third school but they brought up residency issue last March. I am fighting back, and they extended my deadline till August so I am taking classes and paying in state fees. I am pretty sure they again have to give me instate fees after August because I am following the right path.
Actually, I am raising voice in my current school about this misconception because I believe there are many “asylum pending” students who want to go school but can not because all of this misconception about in-state, out of state, and international fees. Please let me know if you have a question. Thank you
Thank you – This is helpful and if there were more info available about this at the schools, it would be a big help, as there are many asylum seekers who want to attend university. Take care, Jason
Hello,
I am studying in Houston, Texas. I am paying an In-district fee. no issues at all.
Hello Jason,
Hope you are doing fine.
I have a quick question:
1. Asylee who has a Refugee Travel Document; Can he/she travel outside the US while Adjustment of Status is Pending?
Normally everyone else needs a Advance Parole document, do asylee need a advance parole document as well?
Thank you.
If you have a valid RTD, you can travel, even if the I-485 is pending. There are other people who can travel while adjusting and who do not need AP – H1b visa holders, for example. Take care, Jason
Hi Jason, I am granted asylee February 6 2020.
I have applied for RTD I-131 on February 14th. I was wondering with 1 year valid RTD how long i can stay outside the US? Planning to go to Europe in July or August and want to make sure if i can stay 2 months over there.
Also I had my fingerprint appointment March 18th But they closed offices till June 3rd. due to COVID19.
However, My case status changed: “May 11, 2020, fingerprints relating to your Form I-131, Application for Travel Document, Receipt Number ……, have been applied to your case.”
Is that means they are reusing my recent fingerprints and they won’t schedule another biometric appointment?
Thank you for everythink, I truly appreciate your time and your answers.
It sounds like they are re-using the fingerprints. You should be able to stay outside the US and return as long as the RTD is valid. I do recommend you keep it short and not stay away for more than 6 months, but 2 months should be fine. Do note that if you leave the US for 2 months, you have to wait an extra 2 months before you are eligible to apply for a green card (since you need 1 year of physical presence in the US before you apply). Take care, Jason
Hi Jason
Hope you’re well
I’m granted asylum and I applied I-730 form for my wife ,She is out of US.
The received date for her form is 03/01/2019
I checked Processing time for Asylee Relative Petition (I-730) at Nebraska Service Center
The receipt date for case is 03/23/2019
But I didn’t get any approval letter until now
What can I do ?
I applied for her more than 14 months ago
I appreciate for all helping
You can call USCIS to inquire: 800-375-5283. I do not know if they will take action unless the case is 90 days late, but you can try. Also, you can reach out to your Congress person and they can inquire for you (there are links to the House and Senate at right). Given the pandemic, things are moving slowly, but there is no harm in inquiring. Take care, Jason
This is one exception I am going to say, she is lying and is simply a Russian Hack, installed with the help of the current administration as a distraction to affect the outcome of the November election. It is part of the same tactic Trump used against Hillary to poison the minds of voters against her: Email server, Benghazi, Bill Clinton’s affair. Trump has been trying to derail Joe from the outset when he launched his campaign: Sleepy Joe, Hunter Biden. Tara Reade is just the latest strategy and there will be more. This woman’s inconsistent story is putting the lives of millions of asylum seekers, asylee’s, immigrants and pretty much the health of the US in jeopardy. She had more than 20 years to consistently and repeatedly to make her accusations. She could have used the Monica Lewinsky route, document her story from early on with a therapist without having it shared so it could have been referenced at a later time. It seems strange, why wasn’t a accusation made in 2008 when Biden got the VP ticket or at the height of the #metoo movement or after Biden left office in 2016, why now?
At the end of the day, as an Asylee, what matters is telling the truth and I truly believe, if you do that, it can likely work itself out in your favor. I filed for asylum because of the fear I felt as I got older in a country that does not accept or protect the rights of LGBT people. I travelled back and forth to my country for years and was asked about that. I told the honest truth, I got tired of hiding and pretending and the fear that came with it; the unbearable loneliness and the lack of safe spaces and a support system I could turn to. I am sure country reports helped too. Are there asylum seekers who also make up inconsistent stories just get into America? Yes! Is that wrong? No! People want a better life and if you are willing to travel thousands of miles, it likely suggest something is wrong with your country.
Tara Reade lives in a democratic society, that values freedom of expression, sure, she might have had backlash, but this is a America. I am sure if her story checked out as the truth, she would not have had anything to fear. Yes, its not a technically legal argument I am presenting here, but the timing and everything makes this one a ‘No from me’ like Simon Cowell.
I have real doubts about her story as well (for the reasons you suggest, plus her positive statements about Putin and the absence of other accusers). It is also seems suspect that she did not tell the full story in 2019, and as a result is damaging Biden’s chances now that he is effectively the nominee. On the other hand, the #metoo movement was not around in 2008 when Biden became VP, she has explained why she did not give the full details in 2019, and my views probably have as much to do with me as with her story. In the end, unless something more definitive emerges, I think each person will weigh the evidence based on our own experiences, biases, and partisan views. Assuming she is telling the truth, given the timing of the accusation, I think the harm to innocent people will outweigh any benefits gained by punishing Biden. It kind of reminds me of the end of the comic Watchmen when Rorschach wants to tell the world the truth (about a plot to stop WWIII that involves killing many people) and Dr. Manhattan kills him for the greater good. In short, there is no happy answer to the dilemma. Take care, Jason
The momentum of the #metoo movement happened around 2017 when so many famous people in Hollywood and levels of power were being accused. The overwhelming support that came with that was amazing. Its a wave many women were able ride to come out against their accuser, makes me question the timing of Tara’s accusations now. Why not ride that wave in 2017; why not speak out in 2019 when the campaign started; or even when Biden was at his weakest in Early 2020, when it looked like he was not gonna win the nomination?
Why? Because Joe Biden wasn’t running against Donald Trump then. Anyway, even if her story is true, sorry, now is not the time, the country comes first, you had your chance, you are not important right now, COVID-19 is the priority, asylum seekers are the priority, 35 million people without jobs and counting are the priority.
I think your explanation is the bottom-line reason that her accusation will not have much impact – it is too late with too little evidence. That could change if more evidence comes out, but again, it reflects more about the people judging her (i.e., all of us) and our priorities than it reflects on whether her claims are, in fact, true. Take care, Jason
I can say as woman, do not judge these issues by when a woman came forward.
I had a personal experience with a well respected pastor. Apart from telling 2 friends, not even in detail, I have been living with the pain of that violation since 2017.
Who will believe me that such a wonderful ‘man of god’ did that. Infact, you would be labeled the anti christ, especially with no status in the USA. “You want to destroy a man of god’ that was only trying to help you.”
Even if anyone would believe me, his marriage is decades old, wonderful kids, the church as a whole, dealing with depression, ptsd, the backlog, how much more do you want to take on? How much psychological and emotional harm this could bring to a lot of innocent people was part of my major considerations.
You decide to live with the pain, and leave him to God, to save yourself, his wife and kids from the trauma,
BUT, down the line, there may be a need to speak up, and speaking up years down the line would not make my experience false.
I cannot make a judgment of what is true or false in Joe Biden’s case. One thing is sure, they both know the truth, but since morality or the lack thereof is irrelevant in politics, what does it matter? What happened after that “locker room talk”, and many more? Com’on people! It will be nice to witness a morality context between Joe Biden, and the current president.
Good points – as usual. Take care, Jason
In my opinion, there are 2 versions of truth in everything here- the Republican truth and the democrat truth.
Morality & christianity: determined by how much you dislike immigrants, and “protect” the American people from immigrants
It doesn’t really matter if it is true or not. It is politically irrelevant, as morality plays no role in politics, world over.
Sad, but probably correct. Though these days, Republican “truth” rarely has much to do with actual truth. Take care, Jason
Hi Jason,
I already have both Asylum and OPT EADs and I am applying for Asylum EAD renewal(second Asylum EAD). I am not sure what to put in the field below? F1 or no status?
“25. Your current immigration status or category (for example, B-2 visitor, F-1 student, parolee, deferred action, or no status or category)”
Noting that next question asks about Student SEVIS# which I have.
If you are still in lawful F-1 status based on the OPT, I guess you can put that. You could probably also put “asylum pending.” I don’t think it much matters, as long as what you say is supportable. Take care, Jason
hey Jason, I hope your staying safe!
I was about to submit my i 130 application but I am not sure if I have to send my naturalization certificate with the application, I have lost it and it might take me longer to get a hold of it is it possible for me to submit the application with only my US passport.
Thank you in advance
If you are filing for a family member, you need proof of your US citizenship. We usually submit the Naturalization Certificate (and I think the I-130 form may need some info from that certificate), but if you do not have it, the US passport should probably suffice as proof. Double check the instructions to be sure, as it should say what evidence is needed. If you need a new original of the certificate, you should be able to get a replacement using form N-565, but that is expensive. You might also get one of you do a Freedom of Information Act request, form G-639, which is free, and would get you a copy, not a new original (both forms available at http://www.uscis.gov). Also, I am not sure if you would get a copy of the certificate with the FOIA, but I think you would. Take care, Jason
Today I say “I have a degree in political science.”
Tomorrow I say “I don’t have any degrees.”
The second statement clearly contradicts the first, and (at least) one statement must be wrong.
Today I say “I have a degree in political science.”
Tomorrow say “I have degrees in political science and latin.”
Here the second statement does not contradict the first, and there is no inconsistency.
Tara Reade may or may not be telling the truth, but adding extra details does not seem to me to be contradicting earlier statements. It could be she was scared to level such a serious accusation against a powerful man. It could be she felt too much time passed for any real investigation of assault to occur.
But it is interesting to think about how we think of this compared with asylum applicants claims over time. Thanks for the article.
In immigration world, adding extra detail is routinely considered a contradiction, and needs to be explained (and often, the explanation is not accepted). In the case of sexual assault or other trauma common in asylum cases, I think it is easier to understand why a person would initially not state the entire story. But without other corroboration, this forces the decision-maker to reach a conclusion largely based on preconceived biases and ideas of what a person would normally do under the circumstances. Since these circumstances are not really normal, it is difficult to know what a “normal” reaction looks like, and even if there was a normal reaction to trauma, it does not mean that the particular person would react that way. In other words, it’s kind of a mess and in many cases, we are left with very imperfect tools to reach a conclusion. Take care, Jason
I filed for EAD renewal in March, I already got the receipt. Pls how do I track it or know when I’ll get the EAD because I need to file for unemployment and my EAD expires this month. Thanks
You can track it using the receipt number at http://www.uscis.gov. The receipt itself extends the old EAD by 180 days, and you should be able to use that for all purposes, including unemployment insurance (I think so, anyway, but I have not had a client do that, so I am not sure). Take care, Jason
Thanks Jason,
I just checked the status and it states “ As of March 27, fingerprints relating to your Form I-765, Application for Employment Authorization, Receipt Number ******have been applied to your case”
Pls what does that mean?
Thanks
It means you were already fingerprinted and do not need to do that again for purposes of the EAD. So hopefully, they will just process the case and send you the card. Take care, Jason
Hello Patrons and Jason,
My Green Card application filing is approaching fast (one year), June 11, and I am in the process of filing out the application. Can you please help me with this question?
“Part 8. Question 25: Have you ever been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any US immigration officials or any official of the United States Armed Forces or US Coast Guard)?”
– I was arbitrary arrested in my home country (its included in my asylum application and became the bases for my asylum)
– I was cited for overspending and later the citation was reduced to a fine of $170, but I don’t have the record of that citation. How do I explain that in a separate attachment? Also, should I answer “Yes” or “No”
– I was cited on another occasion and later fined for $85 for a traffic violation
– Can I submit Medical with my I-485 or later if asked by USCIS.
Thank you.
It seems like you were arrested, and so you should probably say “yes” and provide an explanation with evidence (for arrests in the US, you should be able to get a copy of your case disposition (the final outcome) from the court or your lawyer). The traffic citation does not sound like an arrest. You can mention it to be extra careful, but it should have not effect on the case. As for the medical exam, you can include it when you file the I-485, but it must be less than 60 days old when you submit the I-485. Otherwise, it will expire and you will have to re-do it. So you should do the medical exam shortly before you mail the I-485 (or you can do it later, when USCIS requests it). Also, note that if you left the US since last June, you need to wait extra time before filing for the GC (so if you left for 2 weeks, you have to wait 1 year and 2 weeks since you were granted asylum). Take care, Jason
Hi Jason,
I’m in the same time frame, getting ready to file the I-485. I did not think to list the traffic citations, should I be? If so, how far back in time?
Thanks,
As long as you are sure it is a traffic citation and not a crime or arrest (such as DUI or reckless driving), you do not need to list it. If you are not sure, list it, going back to the day you were born. Take care, Jason
Thank you for the reply.
My arrest in the home country was arbitrary and the police does not have official record of it. I detailed it in my asylum application and explained it during the asylum interview. What evidence could I possible add for the arrest? I can provide detail explanation as I did in the asylum application. Would that be enough in my situation?
For such arrests, we typically just include an explanation and state that it was discussed in the asylum case. Take care, Jason
Hello,
I am filling out I-485 and so far I have come up with list of documentation as an Asylee to attach with my application. My situation is pretty straightforward, came to America as an Exchange Student and then applied for Asylum which was approved last year. I would like your glimpse at the following required documentation:
1. Photograph, as per USCIS instruction
2. Government Issued Identification documents i.e Passport, Driver’s license etc.
3. Report of Medical Examination and Vaccination Record (Form I-693), we can submit this later.
4. Documentation Regarding J1 or J2 Exchange Visitor Status (DS-2019, J1 Visa), I was an exchange student
5. Asylum Approval Notice and I-94
6. Evidence of Continuous Residence i.e documents that shows my residency in the US
7. Selective Service Registration (I am registered with Selective Service and have the registration document)
Also, the General Eligibility questions that applies to me:
1. Part 8. Q 15: EVER denied visa to the US. I was denied nonimmigrant visa to the US two times. How should I address this question?
2. Part 8. Q 17: EVER violated Terms and Conditions of nonimmigrant visa. I was admitted to the US as an Exchange Visitor (J1) and then applied for asylum, so violated Terms and Conditions of J. How should I explain this answer?
3. Part 8. Q 65: EVER lied or misrepresented information on Visa application. I misrepresented information on my visa application (changed my marital status to maximize chances of visa and hence escape thereof) when I applied to nonimmigrant visa that was denied. How should I address this question?
I truly appreciate your help.
It is difficult for me to advise you, as I do not know the case. You should check the I-485 instructions carefully about what documents may be needed. One item that seems to be missing is your birth certificate, but there may be others. The documents you list seem correct (but we send two photos). As to the questions: 1 – you should indicate that a visa was denied and explain what happened. 2 – You should explain what happened. A person who receives asylum does not need a J-1 waiver (I forget the section of the CFR, but at least you can indicate that a person who receives asylum does not need a J-1 waiver). 3 – Again, you need to explain. This could potentially cause USCIS to request a “waiver” under INA 209(c). However, it is an easy waiver to get, and if they need it, it is best to do that now. If you do not get the waiver at this stage of the process, it is much harder to get it later. Also, the I-485 should be consistent with the I-589 form, and if there are differences, you should explain why. As long as USCIS does not think you are trying to hide anything, you should be ok. Take care, Jason
Dear Jason,
In some countries like Pakistan, state intelligences kidnap people, torture them in unknown places and in many instances, kill and dump them. Is it arrest for the purposes of I-485 or not?
For an illegal arrest, I would probably check “no” on the form, but circle the answer and write “see cover letter.” In the cover letter, I would explain what happened. The reason to do this is that USCIS is looking for inconsistencies between the I-589 and the I-485, and they may try to deny a case if there are inconsistencies. If you explain what happened, it should avoid this problem. Take care, Jason
Hi Jason, I submitted a i765 for the EAD extension in April. I got a text for the received application on April 14. I received the 180 days letter on April 20 and the case was updated to show figure print was taken. my current EAD expired on June 1st when do you think the texas branch will produce the new card.
Thank you in advance.
I think it varies depending on where you are in the US, but we have been seeing renewals take 4 to 6 months and sometimes more. Once you have the receipt, the old EAD is automatically extended by 180 days. Take care, Jason
Hi Jason,
I have a question regarding EAD renewal. My current EAD is expiring on Oct 2020. I have already filed for renewal. This is my first time doing this. Let’s say I receive my new EAD in August, can you let me know when the new EAD will expire? Will it expire on August 2022, or is it based on the previous EAD expiration, which is October?
Hi SK,
I think your new EAD would expire after 2 years from the issue date on your new card. They would not use the date on the old card to count. Let Jason confirm this but I’m pretty sure.
I do not remember, but I think it will be August 2022. I could be wrong, and it would be nice if they just started it when your old EAD expires, but my recollection is that it will be valid starting on the date it is issued. Take care, Jason
Hello Jason, may I ask you some questions please? These questions would involve some tmelines so you may need to get a pen and paper beforehand.
I came to the U.S. with a student visa in July 2015. I kept attending the school on my I-20 for a semester and then quit because I applied for asylum in February 2016. And then, I got my asylum interview and passed on October 2, 2018. In April 2020, I received my Green Card, which notes resident since April 2019. My question is, can you tell me what kind of my lawful nonimmigrant or immigrant status in each period of time please?
Moreover, I know it’s a little bit too early to ask this, but there is a question 44 at Page 16, Part 12 on Form N-400 concerns Selective Service, which asks are you a male who lived in the U.S. at any time between your 18th and 26th birthdays?( This does not include living in the U.S. as a lawful nonimmigrant.) I think I began to earn my lawful immigrant status at the day when I passed my asylum interview on Oct 2, 2018. Do you agree? More importantly, my birthday is October 28, 1989 and I didn’t register the Selective Service. For the question 44 A on N-400, I think I should choose to answer no and just ignore providing date registered information for 44 B when I apply the form. Do you think I am right? Thank you very much!
There is some uncertainty about the status of an F-1 student who applies for asylum, but my guess would be you were a student until you quit school, then you had not status (but a pending asylum application), then asylee, then lawful permanent resident. If you had received asylum before your 26th birthday, I believe you should have registered for SS. If you did not register on time, you can write a letter explaining why not. Also, you might double check that people with asylum are required to register – I think they are, and I advise people to do that, but I have not checked in a while, and so I am not sure. Take care, Jason
Thank you for your reply. I double checked the SSS website and confirmed people who is asylum seeker is required to register. You’re completely right! Buy my concern is that the question 44 on Form N-400 asks are you a male who lived in the U.S. at any time between your 18th and 26th birthdays?(This does not include living in the U.S. as a lawful nonimmigrant.)
I was still attending the school with my F-1 visa between my 25th and 26th birthdays, which is between October 2014 and October 2015. It was until February 2016 that I quited the school and applied for asylum when I had already passed my 26th birthday. In this regard, I think I should answer no to that question on N-400 because I was in lawful nonimmigrant status though I lived in the U.S. before I turned to my 26th birthday. Do you agree?
I think this is correct. For our clients who did not have asylum approved before they were 26 years old, I think we put no. However, I recommend you write a note in the cover page or the supplement page at the end and explain that you were in the US before you were 26, but that you were a non-immigrant at the time, and so you were not required to register. In my opinion, it is better to fully disclose things that may be questionable rather than risk that USCIS will try to accuse you of hiding something. But I think since you did not have asylum before you turned 26, you are fine. Take care, Jason
Hello asylee
You have applied for GC in October 2019 and received it April 2020 ? Which service center ?
Hello, Jason.
I have a question. I applied for EAD renewal and got receipt with 180 days extension. However, my employer refuses to take it and telling me I might be fired unless I give them new card. I’m still waiting on my i765 to be approved. Any suggestions what could I do?
Thank you for everything you do!
The fact is, you are eligible to work, and so if your employer wants to fire you under these circumstances, they are just making an excuse to fire you. The receipt automatically extends employment eligibility – that is the law. Maybe if you explain that and show them the receipt, it will be enough. If not, I am not sure what recourse you have under the law (or under any employment contract you may have), but you may want to talk to an employment lawyer if you think you are facing discrimination. I suppose you can also call USCIS and ask them to expedite the case, though that won’t happen very quickly (I wrote about this on January 29, 2020). Take care, Jason
Thanks for sharing, Jason.