Due to the coronavirus pandemic and the Trump Administration’s harsh anti-immigration policies, USCIS–the agency that oversees much of the nation’s immigration and asylum system–expects that “application and petition receipts will drop by approximately 61 percent” through the end of the current fiscal year (September 30, 2020). As a result, the agency is seeking a “one-time emergency request for funding” from Congress for $1.2 billion “to ensure we can carry out our mission of administering our nation’s lawful immigration system, safeguarding its integrity, and protecting the American people.” The agency plans to pay back this money by “imposing a 10 percent surcharge to USCIS application fees.” Presumably, this is on top of the dramatically increased fees the agency announced late last year (but which have yet to be implemented).
Unlike most government agencies, USCIS is largely user-funded. Indeed, the agency derives 97% of its budget from fees paid by its “customers” (immigrants and petitioners). These fees also largely cover the cost of the asylum system, which is currently free to applicants (though USCIS’s recent fee proposal includes a $50 fee for asylum). According to a USCIS spokesperson, without the injection of cash from Congress, the agency “would be unable to fund its operations in a matter of months.” This could result in “drastic actions,” which might include staff reductions. Already, USCIS employees have been notified that the agency is “severely strapped for cash due to the low number of new applications being filed,” and overtime, travel, and purchases have been put on hold.
In short, things don’t look good for USCIS. So what can be done?
USCIS is seeking additional funding from Congress and plans to pay back the money by increasing fees. But it seems to me there are better and more equitable ways raise money.
One idea is to expand the use of premium processing. Currently, certain forms for employment-based immigration allow the petitioner to pay an additional fee ($1,440) and have their case processed more expeditiously. Cases that ordinarily take many months are processed within 15 calendar days (this is the equivalent of strapping a warp drive engine to a Conestoga wagon). Paying for premium processing does not necessarily mean you receive a final decision in 15 days, but at least you get a response–either an approval, a denial or a request for additional evidence. In my experience, even if you receive a request for evidence and your case takes longer than 15 days, it is still adjudicated much more quickly than if you did not use premium processing.
I have long advocated that premium processing should be available to asylum seekers, but why limit this service to certain types of cases? Why not make it available to all USCIS applications and petitions? The agency does not have to stick with its 15-day time frame or the current fee. Maybe there could be different levels of premium processing with different time frames and different fees. Maybe some types of applications are simply not amenable to premium processing. It seems to me that these things are knowable and could be explored.
The broader use of premium processing would benefit not just those aliens who can afford it (though they would benefit the most). The injection of additional money into the system would ultimately benefit everyone. Also, by removing premium-processing cases from the mix, USCIS would have fewer “regular” cases to deal with, which would presumably allow them to move more quickly through those cases.
The way I see it, premium processing is an all around win: It helps those who pay for it, provides an option for those who need it (since some people have very good reasons to expedite their cases), improves processing times even for those who do not pay for it, and brings more money into the system, which could help keep costs down for all of USCIS’s customers.
Another idea to raise funds would be to create an online legal aid service within USCIS. There are currently private, internet-based organizations that provide fee-based assistance filling forms, filing applications, and in some cases, providing legal advice. Lawyers (such as myself) tend to be wary of these organizations, as some seem less-than legitimate and because they often cannot provide the comprehensive help needed to identify problems and resolve complex cases (also, of course, they undercut our fees, which most of us find less than endearing). But for ordinary cases, without undue complications, such services can provide cost-effective assistance to people who otherwise might not be able to afford a lawyer or secure pro bono counsel.
If private organizations can provide this type of limited legal assistance, why can’t USCIS? They certainly have the expertise. Also, it is not unprecedented for government agencies to provide help to their constituents. For example, the Department of Veterans Affairs maintains a list of accredited representatives who help veterans and their family members for no fee or a low fee. If the VA can offer this service for free, why can’t USCIS offer a similar service for a reasonable fee? The assistance could take the form of “smart” fill-able forms that provide comprehensive advice about how to do it yourself, and maybe a hot-line or in-person office, where the applicant could obtain help. Fees would vary–automated assistance might be inexpensive (or at least comparable to the existing private agencies that provide this service), while “live” help would be more expensive. If this model is economically viable for private organizations, I imagine it would turn a profit for the federal government as well.
Like premium processing, an in-house legal aid program would benefit everyone. It would directly help the people who could afford it, but it would also help reduce the burden on existing non-profit legal aid organizations, and so they could serve more people in need.
There are plenty of other ideas as well. For example, USCIS could re-instate adjustment of status based on INA § 245(i), where a person who entered the U.S. illegally can pay a penalty and obtain their residency based on a family or employment petition (currently, and with rare exceptions, people who entered illegally need to leave the U.S. to obtain residency). Also, USCIS could also stop wasting manpower and postage by arbitrarily returning applications for minor mistakes (which previously were addressed at the interview).
As you can see, USCIS has different options for increasing revenue. But given the Administration’s hostility towards immigrants, it is not surprising that they are choosing to raise fees, which is the least equitable and most damaging path available to them. With a minimum of creativity, they could come up with alternative solutions that would raise money, improve efficiency, and benefit migrants. Unfortunately, the primary concern of USCIS is not really the agency’s economic well-being. Rather, USCIS wants to weaponize fees in the same way it has weaponized bureaucratic procedures–to reduce immigration and prevent eligible people from obtaining status in the United States.
Hi Jason,
Am going to file I-485 next month, so last week I have done the medical exam and I today it was awful for me I have tested positive Tuberculosis latent And the doctor suggest me to do Chest X-ray . Jason I don’t have any symptoms for TB . My my question is wether the civil surgeon will mention in the Report (document ) that I have tested positive and Does it going to be inadmissible to adjust the status . Did you know anyone who face the same issue are how they came out from this. Please help me ..
Thanks
John
So sorry to hear. I hope everything works out for you. Latent TB is fairly common.
I guess for those of us still waiting for interview or decision should learn from your experience. If you get approved for asylum, go as soon as you can to take the TB test, and make sure you are negative to latent TB.
If you are not, you can start the treatment, and test periodically so that after these years of dark road, the last thing we want is another round of panic and anxiety.
Hi Tina,
If blood test positive and Xray negative what uscis they do after submitting the i485.
Thanks
If it was the skin test, you don’t have to worry. wait for the x ray. Most people who had the BCG vaccine have a positive skin test.or if u had TB in the past.Just be calm and wait for the x ray
Joe,
I have not done BCG, they did blood test .
I have not dealt with this issue, and so I am not sure. If I remember correctly, you just have to show that you are receiving treatment, and you are not blocked from adjusting status. Maybe the doctor would know about this, or maybe there is something on the form I-693 web page (the medical exam), available at http://www.uscis.gov. If not, you might want to consult with an immigration lawyer or maybe an organization like Catholic Charities, which does a high volume of cases and has probably dealt with this issue before. Take care, Jason
I know so many of my friends from Middle East specifically Iran that their Tuberculosis latent comes positive in blood test and then negative in X-ray. It seems that it is something in our blood(I am Iranian) that causes the blood test to come out this way and usually USCIS doctors know that at least in my friends case. After their doctor saw the negative results in X-ray they report it as negative. Mention it to your Dr and if he/she is not aware, google it to find some example or clarification.
Hi ,
Thanks for sharing me the information, and i received my chest xray yesterday and it was negative , if possible can you share me any link/url are how to find those (Example and clarification)
Thanks,
John
Hello Jason tnx for all your help , here is my question I filled asylum 5 years ago and still pending and listed my wife and my son ( they were out side the us that time) . Now they are here with me and i would like to add them . My very concern is Uscis update i589 for several time with expiration date . Should i send my old copy of i589 for adding or should i use the new form which will expire 2022. Tnx
We have struggled with this issue as well, and I really do not know the answer. The process of adding family members should be easy (I think it is described in the I-589 instructions, or you can email the asylum office to ask about that), but it is a real mess. I do think we have had success using the original form, but I also know that often times when we file, it does not work, and we have to try again (and again). Our local asylum office is aware of the problem at the Service Center, and has been for years, but nothing has been done to fix the problem. In any event, you might try with the original form to see what happens, and if that fails, try using an updated form. If you contact the local office for info about adding your family, you might ask which form you should use, though even if they answer you, there is no guarantee that their answer will be correct. If you need their email, follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason, thanks for supporting us, i moved to the new address i told to my attorney that sent to the court EOIR but he said he is going to give it to the court on the same day of individual hearing that is goinf to be on this coming December, do you think that is right? if not can i sent it by myself if yes how can i do that? and i know the court address but i do not know the DHS attorney address. should i sent it first to DHS attorney or at the same time to the court and DHS?
thank you so much.
Technically, he is not correct. The form should be filed within 10 days (or maybe 5 days – I forget) of the move. Most judges do not really care about this too much, and so lawyers have been pretty lax about getting the form filed. Nevertheless, it is required and the better practice is to file, as it is not optional and some judges get angry when it is not done timely. It would be better if your lawyer would just do it, but if you want to do it on your own, send one copy to the court and one copy to DHS. You can find the address for both if you follow the links at right called Immigration Court and DHS Office of the Chief Counsel. Make sure you keep a copy for yourself and proof of mailing. Take care, Jason
Hi Jason,
Asylum offices will be opend june 4th, but they will put officer in seperate room with applicant and conduct interview by camera. do you think this new limitation cause further delay for applicant to get interview due to the fact that they can interview very fewer people?
Yes – I posted about it yesterday. It really is not clear how this will work, but it seems likely that fewer people will be interviewed. Take care, Jason
Hello,
I have a question
After the asylum interview, if the officer wants to deny the case, does he still run the background check that takes months or years?
I mean when your case is in the background check, does that mean that the officer’s opinion basically you qualify for asylum?
Thank you!
I will be glad if I have the opportunity to know what is Happening to my case.If you get to know that your decision is delayed for a background check,at least you know that someone is probably working on your case and sooner or later a decision will be issued.August 2020 ,I will be waiting for 2 years for just a decision.I tried in vain to understand why it’s out of the normal time frame for affirmative asylum case decision. I never got an answer.From anxiety,insomnia and depression to panic attack,I am psychology suffering.I lost a relative, but there is even noway to attend her memorial ceremony coming this December.I talked with a few lawyers,but they are not optimistic about getting an Advance Parole.They are all saying Trump is not giving it.Who is that Trump? I did not know the President is more powerful than the law.This is not US that I was taught.During my American civilization course I was amazed and impressed to learn about those good values such as democracy, freedom of speech,hardwork,integrity,honesty,the value of humankind, humanism and human rights…If claim for asylum is part of my rights so is issuing a decision on my case and in time.I can feel a deep pain in my chest. I lost my job due to COVID-19.I am not eligible for unemployment benefits.I spend my days reading Jason’s posts on this platform.Reading people’s stories.There is Nothing to relieve my pain.It is burning in my chest.I am so sad.Sometimes I find myself suddenly crying.And I tell myself,”be strong “.
Waiting for an interview is less painful than waiting for a decision.If I don’t die sooner they will end up granting me asylum, however at that time I might be a sick person who is dependent on taxpayers’ money.All this because of asylum procedure.
Good luck to everyone,
God bless you all,
A special thank to Jason,this tireless man!
May God bless him
The asylum procedure is a mess. However, I disagree about Advance Parole. If you have a humanitarian reason, you can still get it. I wrote about AP on September 11, 2017. If you want to travel in December, you probably still have time to apply for it, and it may help you to make the trip. Also, I have heard that they asylum officers are working on interviewed cases these days (since they have nothing else to work on) and hopefully they will be issuing decisions in old cases. Finally, if there is still no news and you have made inquiries, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
I feel you.
I do not know how much longer I can live in this pain, but please be strong.
Are you sure you do not qualify for unemployment with a valid EAD?
I have read here that pending asylum with valid EAD qualify for unemployment.
Did you apply, and was denied?
Zeus,
You are not on your own. I have also been waiting for a decision for about 4 years. I have never been involved in any form of criminal activities my entire life but it looks like the asylum office having jurisdiction over my case is trying to find out if it is really my father that impregnated my mother and when. I cannot disagree with that waiting for a decision is even tougher than waiting for a decision
I will be glad if I have the opportunity to know what is Happening to my case.If you get to know that your decision is delayed for a background check,at least you know that someone is probably working on your case and sooner or later a decision will be issued.August 2020 ,I will be waiting for 2 years for just a decision.I tried in vain to understand why it’s out of the normal time frame for affirmative asylum case decision. I never got an answer.From anxiety,insomnia and depression to panic attack,I am psychology suffering.I lost a relative, but there is even noway to attend her memorial ceremony coming this December.I talked with a few lawyers,but they are not optimistic about getting an Advance Parole.They are all saying Trump is not giving it.Who is that Trump? I did not know the President is more powerful than the law.This is not US that I was taught.During my American civilization course I was amazed and impressed to learn about those good values such as democracy, freedom of speech,hardwork,integrity,honesty,the value of humankind, humanism and human rights…If claim for asylum is part of my rights so is issuing a decision on my case and in time.I can feel a deep pain in my chest. I lost my job due to COVID-19.I am not eligible for unemployment benefits.I spend my days reading Jason’s posts on this platform.Reading people’s stories.There is Nothing to relieve my pain.It is burning in my chest.I am so sad.Sometimes I find myself suddenly crying.And I tell myself,”be strong “.
Waiting for an interview is less painful than waiting for a decision.If I don’t die sooner they will end up granting me asylum, however at that time I might be a sick person who is dependent on taxpayers’ money.All this because of asylum procedure.
Good luck to everyone,
God bless you all,
A special thank to Jason,this tireless man!
May God bless him!
I have seen cases where there were long delays and then the case was denied. I do not know the reason for the delay, but it is usually the security check. As far as I know, they run the check regardless of outcome, but I do not know that for sure. Take care, Jason
the routine background checks are done automatically when you apply. for people from the Muslim countries there is a longer background check after the interview. that is only done if the officer decides to grant the case.
This is not really my understanding of how things work, but I do not have any inside info about that. I have observed cases that were delayed a long time and then denied. I think the delay was due to the background check, but I do not know that for sure. Take care, Jason
Thanks, Jason.
Dear Jason,
Do you have an idea when USCIS will reopen back ? I
Hello Jason
I filed for asylum and it was granted in 2018. I applied for a green card and I got a RFE. Page 9 of RFE asks if I have ever been a member of political party, group etc and I left that blank. When I fleed my country it was because of my political affiliation. They want to know why I left that blank. I did not use a lawyer because I could not afford one. They also want any documentation that shows my affiliation to the political party. What do I need to do? Do I need a lawyer?
USCIS is being very strict about this stuff. They are flagging inconsistencies between the I-589 and the I-485, among other things. You need to explain how you made the mistake and provide evidence of party membership. Often, the explanation is just that you did not have a lawyer and you thought that you were only supposed to list current memberships, or maybe you just did not understand the question. It is possible that the case will be denied if they do not like your explanation, so you may want to get help from a lawyer. We have seen this issue before, and it seems that if you provide a reasonable explanation and get them the documents you need, they will continue processing the case, so hopefully, if you (or a lawyer) responds, it will be ok. Take care, Jason
Hello jason,
Talking about the inconsistencies between I-589 and I-485, I’m applying my AOS next month.
When my wife and i applied for my I-589, we mistakenly dated our marriage few days after the correct date in which is mentioned in our marriage certificate ( we mentioned the celebration date instead of the date when when we registered our marriage with the government ) and my marriage certificate was filed along with my i-589 but it seems that the asylum office didn’t pay attention to it. We aslo moved out of the state after some time but we didn’t change our address right away because we still had an access to the old address but we eventually changed after quite some time. Do you think that would be a problem when filing the i-485 with the right marriage date and right addresses ?
Thanks,
I do not think the address will be an issue. But for the marriage date, you will have to put the correct date on your form, and you should provide an explanation either on the supplement page or in the cover letter. I also circle the questions and write “see cover letter” next to it, so they will know to look for more info. Take care, Jason
They are operating, sort of. We receive receipts and sometimes, they issue a decision on a pending case, but they are currently closed for all in-person events, including interviews. As of now, they are scheduled to reopen on June 4, but that does not seem very likely. We shall see. Take care, Jason
Thanks for you help, in addition to that i was arrested back in my COP country due to my participation in the peaceful demonstration against the government, when answering question 25 part 8 ( the answer should be yes), is short statement in the cover letter to explain the fact why i was detained is enough or i should provide a detailed explanation ?
Thanks,
I can’t answer that, as I do not know the story. I think you need to explain why you were arrested and include any documents or letters from witnesses that you have or can get. When we do these, the explanation is usually only a few sentences, but it really depends on the situation. In cases where the arrests are related to the asylum claim, we mention that too. Take care, Jason
Thank you Jason for your help, do you think this question would have any impact on the time that my green card need to be produced ( since this arrest already been discussed and verified by the Asylum office during the asylum interview) ? and also do you think adding my asylum declaration to my Green card application would be sufficient as an evidence to justify the few sentences i’m going to detail to answer this question ?
I do not think it will have much effect on the time frame, but that is very unpredictable. I guess you can attach your asylum affidavit, but I think that will contain a lot of non-relevant info, and it might be better off to just give them what they need – an explanation about the arrest. Or if you give them the whole thing, maybe highlight the relevant portion. Take care, Jason
Hello Jason and fellow asylum seekers.
Can I marry a girlf from my country that is on a tourist visa while my asylum case is pending? If yes, how can I add her to my case even though she doesn’t fear any persecution in our home country?
And if I could add her to my case, how long and what it would take to get EAD/SSN?
I searched keywords on your blog before asking you here but I couldn’t find any article about it.
Thanks in advance
If you have a pending asylum case, you can add your spouse to the case, regardless of her country or whether she fears persecution (in this way, I once won asylum for a person from Canada, who was a dependent on his wife’s case). It is a bureaucratic pain to add a person to the case – you have to check the I-589 instructions, available at http://www.uscis.gov, which I think explain this. You can also email your local office to ask – you can find their email if you follow the link at right called Asylum Office Locator. Basically, you submit documents to the Service Center to add her, but that often does not work, and you have to get help from the local office. You have to be persistent. Once it is done, she is allowed to get an EAD (and SSN) based on the same schedule as you, so if you have your EAD, she get apply for her’s as soon as she is added to the case. Take care, Jason
Hello Jason,
I did fill my i-131 RTD but when I print it, the A-number, social number and the expected length of trip are missing. These fields are completely blank, I check my computer again and tried reprinting but it’s printing blanks for these 3 fields. What could be the problem? This is the new barcoded form (expires 04/30/2022) and I read instruction that:
“If you are completing this form on a computer, the data you enter will be captured using 2D barcode technology. This
capture will ensure that the data you provide is accurately entered into USCIS systems. As you complete each field, the
2D barcode field at the bottom of each page will shift as data is captured. Upon receipt of your form, USCIS will use the
2D barcode to extract the data from the form. Please do not damage the 2D barcode (puncture, staple, spill on, write on,
etc.) as this could affect the ability of USCIS to timely process your form.”
It could be a problem on your end – make sure you are using an updated version of Adobe. But it could be a problem with the form. Sometimes, they are quirky. If you can’t make it work, you can always write in the answers in black ink. That should be fine, though of course, if the data is incorporated into the form and the bar code, that might help speed things along (maybe – I am really not sure whether it makes things any faster). Take care, Jason
Understood. Thank you Jason for the clear answer. Take care
So for backlog count cases, they can charge premium fees if you want it expedited. Then hire Judges to conduct hearings from home via Skype or zoom.
My proposal is that they allow premium processing. Shockingly, they are not about to implement my ideas, so this is not something you can do; it is just an idea. Also, I doubt they would ever use Skype or Zoom for interviews, as those are not secure enough, but we shall see. Take care, Jason
I was filling in i-131 for RTD, I checked box “do you intend to travel to COP?” then wrote this explanation under “purpose of trip”: “Visiting (possibly for the last time) elderly relative who raised me and is unlikely to survive current pandemic due to underlying health issues”
I elaborated it on a sheet of paper as: “May I please request expedited processing. Today, I learnt that the son of the elderly relative referenced in PART 4 Q.1(a) who lives with her was diagnosed with COVID-19. Less than 3 weeks ago, her breathing stopped due to chronic asthma, and she had to be resuscitated. She has been moved to another part of the home but it is increasingly looking like she may not survive till the time this pandemic is over, both due to age and her underlying health-issues. She is close to me (she practically raised me the first few months of my life), and I need to see her one last time. Furthermore, the current lockdown provides me a layer of security, and I want to take advantage of that before this opportunity dissipates.”
This will be my VERY FIRST TRIP back to COP after asylum/LPR. Hopefully, I’m not setting myself up for deportation :’D Thoughts, Jason?
I am sorry for the news about your relative. Hopefully, she will recover soon. As for what you wrote, I appreciate the honesty. Whether USCIS will, I do not know. Sometimes my clients return to their country once they have a GC, and no one has had a problem (yet). Things keep getting worse, and so returning could be an issue. If so, the question is whether the return trip causes the US government to think your original asylum was a fraud. So you should have evidence about why you went and how you stayed safe, and hopefully keep the trip short. If you fear terrorists (as opposed to the government), it is usually easier to explain how you stayed safe. Take care, Jason
“…Asylum Division officials attributed the decrease in asylum terminations
due to fraud from fiscal year 2010 to fiscal year 2014 to several factors.119
First, according to Asylum Division officials, USCIS made several policy
changes in order to comply with two decisions of the United States Court
of Appeals for the Ninth Circuit. In Robleto-Pastora v. Holder, the court
noted the BIA’s conclusion that asylees who adjust to LPR status no
longer qualify as asylees and held, among other things, that an alien who
has previously adjusted to LPR status retains that status unless he or she
receives a final order of removal. Accordingly, a former asylee who had
already adjusted to LPR would no longer have asylum status to
terminate. According to Asylum Division officials, USCIS changed its
policy nationwide in June 2012 and no longer pursues termination of
asylum status for fraud after someone has adjusted to LPR.
In June 2012, USCIS developed a process, called Post Adjustment Eligibility Review, for addressing suspected fraud with respect to former asylees who have already adjusted to LPR. Under the Post Adjustment Eligibility Review process, an FDNS immigration officer reviews adverse information about the individual, documents a summary of findings, and forwards the file to an asylum officer. An asylum officer then reviews the evidence to determine whether sufficient evidence of fraud exists, and, if a preponderance of the evidence supports the finding of fraud, forwards the case to ICE OPLA, which reviews the case and determines whether the individual should be placed in removal proceedings” (Taken from https://www.gao.gov/assets/680/673941.pdf)
How common are terminations thru this process?
Terminations of asylum post adjustment are quite uncommon. Even terminations of asylum after grant are uncommon. It happens rarely, I saw a case where a woman who had adjusted based on asylum was charged with fraud because CBP took testimony from her own mother who said that her daughters case was fraudulent.
Most issues happen because people get green cards and then are charged with deportability/inadmissibliltu due to a crime. When they lose their GC, the DHS takes the position that an adjusted Asylee no longer falls back to asylum status. They can however re-apply for asylum in the removal proceedings.
Are you an asylum officer, attorney, or USCIS staff? Would you be able to let the US government know that this pending asylum is a silent killer?
Some of us have waited for 5 years to get an interview, while some people have lived here for only about 2 years, and already have green cards based on asylum. It’s harder when you loose family members while on this endless journey.
I do not now how often USCIS tries to terminate a person’s asylum. It does happen, though, as I have seen such cases. But I have not seen any statistics about that recently (and given that the Trump Administration seems very eager to cast asylum seekers in a bad light, I would guess that if there are large numbers of terminations, we would hear about it). Take care, Jason
If someone wants a little laugh, check this clowning around 🤦🏻♂️ USCIS conducting drive-thru citizenship ceremonies. Vroom vroom “can I get an order of that US passport please?” So funny.
https://www.facebook.com/228759177135310/posts/3260609913950206/?d=n
I am never jealous, but it is a kind of severe psychological torture for me when I witness someone who has been lying to US government from the first moment he has arrived at US; his case has been approved VERY EASILY and now he, the drug dealer, gets citizenship! However, it was very hard for the asylum officer to believe in my case, probably because I never lied to them and I am educated, earned two master degrees, work and live independently, pay taxes, and have zero driving tickets and zero crimes or misdemeanor in this country. Alas!!
Hello Jason! Thank you for your great content! Hope you are safe and doing well! I had 3 short questions:
1- Are green card holders subject to public charge rules? I do not have an income yet but have not used any type of benefits. Do you think it is a public charge risk for green card holders to not have a medical insurance?
3- Do green card holders get checked for public charge at boarder when traveled outside of US and want to get back to US?
Thank you!
1 & 2 – If you already have a GC, you are not subject to the public charge rule. It is for people who are applying for a GC (though not all people – asylees are exempt). 3 – I have never heard about that, and I do not see why it would be an issue as the rules only apply to people seeking a GC. Take care, Jason
Hey Jason,
Thanks very your help! I am planning file up my application for Refugee Travel Document and I was wondering if it is okay to do it by myself or I would need a lawyer. Also, on “purpose of trip” do i need to give a detailed information about this? I plan to visit a friend in Denmark in August if the RTD gets processed quickly. Thanks
You can do it yourself. Just be careful because the form I-131 form is used for many different purposes, and you have to be sure you complete the parts related to the RTD. As for the purpose of the trip, we usually write something general, such as “visit friends and family.” We do not specifically list who they will visit. Take care, Jason
Thanks very much for the information. One last question; what supporting documents do I attach to Form I-131 as an asylee with pending GC application? Do I also need a attach a photograph? Thanks
You have to check the form instructions about this, but assuming you are applying for an RTD, we include proof of asylum status, copy of passport (if any), 2 passport photos, fee, and any prior RTD (if it is not expired, the original; if it is expired, a copy). Take care, Jason
USCIS could 1) pay asylum officers what they are worth, and 2) and fix their IT issues.
If there isn’t a constant churn of employees, asylum officers who start a case can see it through to the end. That would likely result in faster processing, and processing that is probably fairer as well.
If their IT infrastructure was a tool and not a black hole, things wouldn’t get lost and that would speed up processing as well.
Hello,
I hope everything is going well with you all.
I was just wondering if they are making decision on cases that were already interviewed.As they are interviewing now why don’t they work on making decisions? Who received a decision in this COVID-19 time?
Any comments about that?
God bless you all!
My understanding is that they are working on cases that were interviewed and not yet decided. That is what I heard from an asylum office, but I have not seen any decision recently for my own pending cases. Take care, Jason
Hey Jason,
Are they also working on green card cases? I already had my biometrics taken just right before the shutdown.
I think they are working, but my sense is that it is at a much lower rate than normal. There are still periodic decisions being issued, but we are not seeing as many as during normal times. Take care, Jason
Hi,everyone!
I hope everything is going well with you all.
I was just wondering if they are making decision on cases that were already interviewed.As they are interviewing now why don’t they work on making decisions? Who received a decision in this COVID-19 time?
Any comments about that?
God bless you all!
I think they have expanded promotion opportunities a bit, but they still do not seem to retain people for long, at least in my local office. Take care, Jason
They need to have a streamlined packaged service that handles everything. So, I finally got the ball rolling on my application for my green card. Let me make this perfectly clear, you can’t do this without a lawyer, but the reality is, its expensive. I misunderstood the overall cost this would entail. The $1,225 for the application itself, is separate from the medical exam, which is estimated to be about $500 in addition to the additional $800 in lawyer fees to have some confidence this will be done properly. So, thats nearly three grand in expenditures on adjusting my status and I am still not guaranteed. On top of that, I still have to pay my rent, buy food, pay taxes. The path paved to safety and the American dream looks like an expensive nickel and dime industry. A social media friend who became an asylee 20 years ago in the US, eventually moved away to a small European country years later and I always wondered why. I am starting to suspect eventually I might have to go on a similar journey just to live an affordable life that I find might not be sustainable here; especially in this climate of a pandemic.
Until recently, you could do the I-485 on your own. The problem is, it is riskier now, as they will simply deny the application for a small error (and of course, lawyers can make small – and big – errors too). I had one former client do it on their own, they check the “refugee” box instead of “asylee” and for this error, the case was denied and they lost their $1225! In the recent past, such an error would just have resulted in a request for evidence to clarify the situation. This is one (of many) cruel and unnecessary changes made by the Trump Administration to harm non-citizens and block them from getting their status here. I used to tell people to do the GC part on their own, and they still can, but unfortunately the risk is greater these days. Take care, Jason
Jason, if you ask me, this is state-sanctioned robbery. They should be ashamed of themselves for robbing, in most cases, very poor people seeking their protection/seeking an immigration status that provides a more permanent status. Unfortunately, the U.S., to my knowledge, is the only “first-world” country to implement, and actually carry out, such egregious and unethical practice. Are you saying to me that the officer couldn’t use his/her discretion (bear in mind that USCIS officers are able to use their discretion in minor mistakes) and have the applicant redo the application, especially since asylees are technically refugees? I don’t know how these people sleep at night.
Some of the behavior is really disgusting. For example, I just had two I-589 forms rejected from the TSC because we did not write the name of the person on the back of their photo. I never do that, and have not done so for 16+ years in private practice. Now I will, but what was the point of rejecting these? It took far longer to take the package apart, print the paper indicating that the name was not on the photo, and create and mail the envelope to send the package back, than it would have to just write the name on the photo for us, or to just let it go, as they have done thousands of times before. Maybe these petty people get satisfaction from finding nit-picky excuses to reject people’s applications, but it seems to me a sorry existence to spend your time looking for nonsensical ways to hinder poor desperate people. It’s kind-of the definition of pathetic. But that is the TSC and that is where we are with our current immigration system. It’s really too bad, as this system could be great – it could help many people and improve our country. Maybe one day. Take care, Jason
Yes, US immigration is very expensive. I paid close to 20K in my 11 years of immigration history in lawyer fees and application fees altogether from asylum to citizenship.
Dear Jason
Thank you so much for helping the asylum seekers community and may God rewards your good deeds in this world and the hereafter.
Dear Sir,
Someone was recently granted an asylum. However, he was an overstayed for about a year before applying for the asylum. Now, he wants to apply for EB2-NIW and will most likely be approved based on credential. After I140 approval, can he apply for adjustment of status based of his granted asylum without leaving the US?
Does an asylee consider a status to be a adjusted through i140 approval?
What about the overstaying period which considers unlawful presence, will it make any problem somewhere somehow during AOS?
Could you please enlighten his path by explaining to him in a bit detail?
Thank you a gain Sir.
Hi Jason,
Thanks for the usual help.
Is it bad if a green card holder (based on asylum) renew his passport as long as one doesn’t go the the country of prosecution ? Just to use the passport to visit other countries.
It would be better not to, but we have not seen anyone have a problem just for renewing the passport. The better approach is to get the Refugee Travel Document, form I-131, available at http://www.uscis.gov, as that works in lieu of a passport. The problem is that it is only valid for one year and not all countries accept it. For that reason, asylees sometimes have to use their own passports. Take care, Jason
A lawyer would need to research this to be sure, but I think if there person has asylum approved, he can get a GC based on EB-2/NIW, even with the prior immigration problems. He would have to reveal those problems, of course, and he may need to do a waiver. That said, I think it is a complete waste of time and money. The person can get a GC based on his asylum after one year. The EB-2 process will likely take longer than that, as you cannot premium process an NIW case. It seems to me easier and much less expensive to just apply for the GC based on the approved asylum. Take care, Jason
Hope this will not be, take the money from people from shit-hole countries and deny their cases
That is always a risk, but of course, the worse your country, the better chance you have to win asylum. Take care, Jason
Never saw mobile homes until I got here.
Every country has ” shut hole area”.
Shit hole*
Hi Jason,
My husband came to the United states 9 months ago and he is almost ready to file for his green card. Last month he got a call requesting him to come for a vaccine for adjustment of status.
Do derivative have to take some vaccinations before filing for green card?
Please has any one’s family member had to do this?
Hi Hopfan,
All applicants including children are required to send their vaccination record to USCIS(signed and sealed by USCIS designated civil surgeons).
If he has asylum and will apply for the GC, he has to do the medical exam, and sometimes, the person needs some additional vaccinations. Check the web page for form I-693 and the form instructions, available at http://www.uscis.gov, as that should give you an idea about what is needed. Take care, Jason
Hi Jason. First thank you for your service. I have pending asylum on Arlington VA on 2016 and moved to CA. I have applied Green card through Marriage to US citizen and we have two kids. I did interview on January 2020 and it was approved and later reopened. I did multiple Service request and figured out they don’t have my asylum application from Virginia. Is there any way I can ask the asylum office to send my application to the field office?
Thank you
You can email the asylum office and tell them that your GC case seems to be delayed. You can ask them if they can assist. Send them the receipt numbers for your GC cases. You can find their email address if you follow the link at right called Asylum Office Locator. They are not very responsive now, due to the pandemic, but sometimes they respond, and if not, you can email them again later. Take care, Jason
Thanks for this information Jason. Another argument is the people like me who are waiting for the decision since the last more than 2 years are forced to take help from court in Mandamus. There is a fee involved plus attorney fee. I guess there are number of mandamus filed just to know what is happening in our files, allowing premium processing will enable the people who can file a mandamus to pay otherwise and get relief what they needed.
I agree – USCIS would be better off getting your money than having to spend extra money and time to defend (or at least respond to) the mandamus lawsuit. Take care, Jason
Hi. I was in US 3 years and left the country with open EOIR asylum case. I talked to lawyer and he says that there is no difference if you close your case or leave it open – you can not come back anymore. I want to know is he right? And maybe there I can find people with same story like me, people who left US with asylum cases. Maybe we can organize a group chat and find a way?
I disagree. If the case is with EOIR (Immigration Court) and you leave, you will eventually get an order of deportation (when you fail to appear for your assigned court date), which bars you from returning for 10 years (there could be other bars as well). If you can get voluntary departure instead of a deportation, it will avoid that 10-year bar. That may not be possible now that you have left the US, but you might try – you would need a lawyer to contact the DHS attorney and see whether they might agree (or you could try that yourself – you can find their contact info if you follow the link at right called DHS Office of the Chief Counsel). If the case is with the asylum office, you can try to withdraw it by contacting the asylum office directly – there is a link at right called Asylum Office Locator. This will also avoid a bar to returning (if you fail to appear at the asylum office, the case will be sent to court, and when you fail to appear there, you will be ordered deported). If you do not plan to return, it probably makes no difference, but it seems to me that if you can avoid having a deport order, that is better, just in case you want to come back. Take care, Jason
Jason,
I have pending asylum since 2014 and for past year condition in my country changed, and I believe it’s safe for me to return ( I might wait a little bit more to be sure ). So if I’ll send an email to my Asylum Office and ask to withdraw my asylum application, I’ll have a chance to return to USA in the future?
Yes – but do make the effort to withdraw the case. If you do not do that, your case will eventually be sent to an Immigration Judge who will order you deported (when you don’t show up in court) and that will make it much harder to return to the US. Take care, Jason
Does budget constraints also mean that asylum interviews will further delay ?
My guess is that there will be further delay. Maybe not from the budget, but because they have to figure out how to do asylum interviews with several people in a small space during the coronavirus era. I hear that they may put different people in different locations, but this may mean that they can do fewer interviews. We will see. Take care, Jason
Hi Jason. I got my asylum approved. In 2017 and applied for my for green card in 2018. I finally got a biometric appointment in feb 2020 and now I just got a notification on case status that they need additional evidence. What do you think they could want? I supplied everything in 2018.l based off their guidelines in the website. Im really worried. I know the cases vary from individual to individual but give me what to expect. I tested positive for latent tb and I’m scared they may want me to take the treatment which I’m reluctant to take because it may cause not harm than good and I may never have the infection. Could that be it?
I forget what the requirements are for a person who tested positive for TB, but maybe that is it. There really is no way to know. It could be something else. You will just have to wait for the letter to know, but typically in a case like this, you can respond and USCIS will continue processing the case. Take care, Jason
Hi Peter Tauro,
Please keep us posted about the RFE you received.
I hop everything goes well
Hello 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 Benefits or futur immigrants and did will be bad and did have a solution cause it the approval is says between 18 to 26 and I just turn 26 can I still have chance to do it or not
Very practical suggestions. I will work 4 jobs temporarily to pay for premium processing to get an interview.
So will almost everyone else. That is why it would raise money and benefit asylum seekers. Take care, Jason
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