As you might have noticed, USCIS offices have been closed for all in-person appointments–including asylum interviews and biometric appointments–since March 18, 2020. Now, USCIS has announced that it “is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4.” What does this mean? What will the “new normal” look like at USCIS? Are we all going to die?
The first thing I notice about the USCIS announcement is that it is kind-of vague. “Some domestic offices” will reopen? I am not sure what this means. I suppose we will have to wait and see which offices actually reopen. Also, “on or after June 4” could be next week or it could be in 2099. In any event, it seems clear that USCIS is trying to get things moving again. Indeed, one of my clients is scheduled for an interview on June 29 in the Arlington Asylum Office and I have heard of other applicants receiving notices for interviews there as well.
Second, it seems that the new interview process will be a bit different than what we are used to–
In accordance with social distancing guidelines, and due to the length of asylum interviews, asylum offices expect to conduct video-facilitated asylum interviews, where the applicants sit in one room and the interviewing officer sits in another room. Asylum offices will use available technology, including mobile devices provided by the agency, to ensure that the officer, applicant, interpreter and representative can fully and safely participate in the interview while maintaining social distancing.
This short description raises a few concerns related to (1) safety, (2) due process, and (3) security. In terms of safety, if the Asylum Officer is in his own room, that seems relatively safe, at least for the officer (though the officers still need to get to work and stay healthy in an environment with many coworkers). For the applicants, the situation is less clear. Presumably, they will have to wait in a waiting room. In normal times, we often spend considerable time waiting, as interviews are often delayed–sometimes for hours. I suppose applicants could be sent outside (to wander aimlessly?) and then contacted by phone when the officer is ready to see them. This would at least avoid overcrowding in the waiting area. Also, normally, asylum applicants have their fingerprints and photo taken when they check in to the interview. This often entails waiting in line while a staff member struggles with a fussy computer. Whether the offices have sufficient space to “social distance” while waiting to check in, I do not know.
During the interview, applicants are entitled to bring an interpreter and a lawyer. Will all those people share a room? No offense to my clients, but this is not very comforting. Will each of us have our own room? That seems to be the plan, at least in Virginia. Due to security concerns, Asylum Officers never left us unattended during interviews, even for a second, and so I am guessing that they will need empty rooms to put us into. But the rooms won’t be completely empty, since we will need video equipment (and hopefully chairs), and so I am not sure how that will work. Also, what stops us from leaving the room and wandering the halls of the Asylum Office (I myself might go in search of the mythical room where all my lost files are located). And where are they going to get all those empty rooms? My guess is that the “new normal” will involve far fewer interviews than the old normal, but I suppose the powers-that-be figure some interviews are better than none.
Another concern is due process. Asylum seekers are entitled to a fair procedure. I know from my experience in Immigration Court that video hearings are more difficult and less fair than in-person hearings, and I imagine the same will be true of asylum interviews. There is much that is easier in person. For example, at the beginning of the interview, the officer reviews the I-589 form and makes corrections. Sometimes, the officer wants to look at documents with the applicant. These things will be difficult to do if the officer and the applicant are in two different places. Also, if the lawyer, interpreter, and applicant are in different rooms, communication between them will be more challenging. Aside from this, it is simply more difficult to talk to a person by video (as we all now know from innumerable, interminable Zoom chats). This difficulty will be compounded if the applicant is wearing a mask, which may be necessary in the event she shares a room with her attorney or interpreter. All these protective measures will make it more difficult to interact with the Asylum Officer and will make an already stressful situation worse. In short, under the current circumstances, there will be significant barriers to receiving a fair adjudication.
An additional concern is security. Will the video equipment be secure, or might it be hacked by nefarious actors who want to harm asylum seekers? I do not know, but the federal government’s track record here is mixed, and for people seeking asylum, confidentiality is an important concern.
How does USCIS plan to keep asylum applicants safe? The agency has issued the following guidelines for entering USCIS facilities–
- Visitors may not enter a USCIS facility if they:
- Have any symptoms of COVID-19, including cough, fever or difficulty breathing;
- Have been in close contact with anyone known or suspected to have COVID-19 in the last 14 days; or
- Have been individually directed to self-quarantine or self-isolate by a health care provider or public health official within the last 14 days.
- Visitors may not enter the facility more than 15 minutes prior to their appointment (30 minutes for naturalization ceremonies).
- Hand sanitizer will be provided for visitors at entry points.
- Members of the public must wear facial coverings that cover both the mouth and nose when entering facilities. Visitors may be directed to briefly remove their face covering to confirm identity or take their photograph. There will be markings and physical barriers in the facility; visitors should pay close attention to these signs to ensure they follow social distancing guidelines.
- Individuals are encouraged to bring their own black or blue ink pens.
My local office (Arlington) announced that telephonic appearances are not permitted for applicants because the Asylum Office must check identification. Also, the Asylum Office does not have any procedures for attorneys to appear telephonically (strange, since they do have telephones). All documents must be submit at least 72 hours before the interview, as there is apparently a new policy that requires 72 hours to pass before anyone can touch incoming mail. Finally, the Asylum Office will have a “very liberal” rescheduling policy, and so applicants can reschedule by email. Whether these same changes will apply at other offices, I do not know, but I imagine that all offices will follow similar procedures.
Like every other organization trying to reopen, USCIS is engaged in a difficult balancing act. How can they fulfill their mission and keep people safe? In my opinion, at the moment, they cannot do both. Given all the restrictions and contortions needed to make interviews happen, I expect they will only be able to interview a token few applicants. Under those circumstances, I do not see how it is worthwhile to endanger their staff and clientele (and anyone who comes into contact with them).
On the other hand, I know that many asylum seekers would be willing to take the risk. Not because they are reckless, but because they are so desperate to have their cases resolved and to reunite with family members. I can’t blame them for this.
There is no easy resolution to the dilemma. I hope USCIS will move cautiously, and I hope they will be able to keep people safe and provide them with fair interviews. We shall see.
Hi Jason when submitting the i-131 AP application, do you need to send your photos with it?
Let me know sir thank you!
You can check the instructions to be sure, but we always send two passport-style photos with the application. Take care, Jason
Hi Jason,
I applied for asylum backed to Feb 2015 in LA and have not interviewed yet. My husband is eligible to apply for citizenship at the end of october. Do you think I have enough time to get my GC if for any reason my asylum application rejects by asylum office? due to the current situation do I have any chance to interview anytime soon? One of my friend who got interview from Jan 2015 backed to Jan 2018 before the new order taking effect.
Thanks
5 years and no interview ? There is no hope for asylum seekers any more…
Things are just now reopened, and I expect everything will be moving slowly, so probably you will not have an interview soon. Anyway, even if you do, and even if you lose, your case would have to make its way through the immigration court system, and you should have enough time for him to naturalize and help you obtain your status in the US. If you are worried about this (which you probably should not be), you can start the process now – he can file the I-130 for you. That takes time to be approved, and by that time, he will hopefully be a citizen and then you can file the I-485 to get your GC. An advantage of doing this now is that USCIS fees are set to go up pretty soon, and so if you do it now, it will be less expensive than if you do it later. Take care, Jason
Hi Jason,
I have a question. I’m thinking about expediting my case, because one of my friends in my home country was unlawfully arrested for the crime that he didn’t commit and has been detained for 5 months already. I want to provide screenshots of our communication from Facebook (to prove that we know each other). Do I need to translate it in English? Can I translate it myself or do I need a certified translator to do it?
Thank you
You have to provide a copy of the original, the translation, and a certificate of translation. You can do that yourself, but someone else should review it and sign the certificate (you should not sign the certificate for your own case). I did a post about translation on August 24, 2017 that might help (and has a link to a certificate of translation example). Take care, Jason
Hi Jason,
I’m about to file my Green card based on a granted Asylum in addition to the I-765, my question is more about the way we should mail them, do we need mail them separately, or you put them in one envelop, and do we need to send two more pictures for the I-765 and an additional copy of the Asylum approval and the new I-94, or USCIS would use the same evidence and pictures you send for the I-485 ?
Thanks,
Unfortunately, the fee for the I-485 cannot be used in this situation to pay for the I-765. A few years ago, USCIS would accept that, but in the last few years, they do not. You have to renew the EAD based on category a-5 (asylum granted), and it requires an entirely separate application, which I think is sent to a different address. Each application also needs its own photos and supporting documents (including the asylum approval, I-94, etc.). If you cannot afford these fees, you may be eligible for a fee waiver, form I-912, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
I was going over the I-765 instructions, and this is what i found regarding the fees when you file it along with the I-485 based on a granted Asylum “If you are an asylee or refugee and have applied to adjust to lawful permanent resident status on Form I-485,
file Form I-765 under category (a)(5) as an asylee or (a)(3) as a refugee. Do not file under eligibility category (c)(9).
You will need to pay the filing fee or obtain a fee waiver for Form I-765 if your Form I-485 is still pending with
USCIS and this is not your first EAD as a refugee or asylee and you did not pay the Form I-485 filing fee for any reason.
What i understand from above that if we pay for the I-485, we do neet to pay the extra 410 for the I-765, but if you were to obtain a waiver for the I-485, then you would need to pay the extra 410.
I could be wrong, appreciate you great help.
Thanks,
I haven’t looked at the instructions in a while. But the last time we tried to use the I-485 for an a-5 EAD, it was rejected. As I understand what you sent me, it sounds like if you pay the I-485 fee, you do not need to pay the I-765 for an a-5 EAD. Hopefully, that is correct. If you try it, let us know what happens. Thank you, Jason
Sure, I will post and update as soon as i see updates on my case, i woll be filing in two weeks. In that case do you send two additional pictures for the I-765 and do i need to mail them separately ?
You should send two passport-style photos for each person’s I-765. You can send them in one envelope, but each person must have their own complete packet (form and supporting documents). Take care, Jason
Hi Jason,
My wife was supposed to have her asylum interview , but I hope that she will be invited in the future, what interests me is whether I, as her husband, should participate in the interview or whether I will be interviewed in the same way by A/O…
Thank you
I am not sure I understand the question, but if your wife filed for asylum, she should get an interview. If you are a dependent on her case, you will also be interviewed. If you are not a dependent on the case, she can file an I-730 form for you, and you would normally be interviewed before you got your own asylum status based on that form. Take care, Jason
Hey Jason, i have some to share with you all and i have two questions, i got approved today (:
I applied my asylum App in May 2019 in TN then i asked for expedite my interview in Jan 2020 then i did my interview in Feb 2020 , and today they sent my decision, thank you so much for your help Jason,
My questions :
*what I should to do to bring my wife and my son? They was in my case Application, so what kind of Application i have to fill? Did you write article about that here?
*they accepted my expedite request of my interview because my wife and my son are not safe! I don’t know how long could takes to bring them here! But they still not in safe place, so Is any way to expedite them applications process?
Thanks
1 – You file a form I-730. One form for each family member. I did a post about this in December 2019 with a link to a very helpful manual about the I-730 process. 2 – I think the manual discusses expediting. I did a more general post about expediting a case with USCIS on January 29, 2020 and maybe that would help too. Congratulations on the grant and good luck with the I-730 process. Take care, Jason
Hi Jadon , I hope you are well and safe
I’m granted asylum and I applied I-730 form for my wife 16 months ago.
One month ago I asked you how can I make inquire about my wife’s case.
I called USCIS and I made inquire, today my case pressing changed and they wrote ,
On June 4, 2020, your inquiry about why your case is taking longer than our processing time, referral number ……. was completed.
And they sent me email :
The status of this service request is:
U.S. Citizenship and Immigration Services (USCIS) records show your case is in line to be reviewed by an officer. We ask that you allow additional time for this process to take place since we process these cases in the order received. If after 60 days you have not received anything in the mail, please contact the USCIS Contact Center (NCSC) at the number provided below.
What You Can Do
Please see the Online Services below to check the status of your case in the near future. We apologize for the delay.
What does it mean ?
Thank you for helping me
Hopefully, it means they are working on the case. Basically, they are telling you to give them another 60 days. If there is no news by then, you can inquire again. Take care, Jason
Did anyone heard anyithing about waived interviews?
I just saw couple news that they waived some interwievs for employment based and some mariage cases.
Any asylum seeker got waieved interwiev?
I have had cases now and again where there was no interview for a GC, but interviews are required by the regulations for asylum, and I have not heard about USCIS waiving asylum interviews. Take care, Jason
Hi Jason, my wife was supposed to have her interview on the 18th March 2020.
Which was the day uscis shut down due to convid 19 .
Please from experience do you think the interview will happen anytime soon?
I am not sure, but before all this mess, rescheduled cases were given the first priority, so I expect she will get an interview soon. Maybe she wants to email the asylum office and ask. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I am filling out I-485 and need your opinion on how to explain one of the eligibility question.
The questions asks about lying, misrepresenting information on visa application. I, stupidly, did lie on visa application by putting engaged in the marital status while I was single, for the purpose of maximizing my chances of obtaining a visa. I explained this discrepancy to asylum officer.
I understand that I have to answer YES and provide a letter of explanation. This might be a cause for waiver under INA 209 (c) I believe. So for the waiver does USCIS process that waiver or I will have to submit petition or application. How does the waiver under INA 209 (c) works?
Thank you for your help.
The waiver form is the I-602, available at http://www.uscis.gov. There is no fee, and it is a relatively easy waiver to get. If you answer yes, and explain what happened, maybe you can avoid the waiver. If you need the waiver, USCIS should ask for it. Alternatively, you could fill the waiver form and send it with your I-485. However, we have not done that and for our cases where we faced a similar problem, the clients were able to get the GC after we explained, and they did not need the waiver. Talk to a lawyer about the specifics of your case if you are not sure. Take care, Jason
Hi,
I applied for GC and was told that I will be inform when and where to go do Biometric when the field office open. I submitted all needed doc and told nothing else is needed from me also.
Do you think its ok to go do medical and send to USCIS while my GC or biometric is stay pending if I located a nearby USCIS recommendations clinic and doctor to do the medical test?
Or do I wait to be told go do a medical test by USCI to send to them in relation to my GC application?
What do you think? Or the will send a mail requesting me to go do the medical test later? Which is ok?
Thanks.
USCIS should send you a letter about the medical exam. Sometimes, they tell you to bring it to the interview; other times, they ask you to mail it to them. I would wait for that and not send it in yourself until they ask. Take care, Jason
Hi Jason,
I have pending asylum case with valid EAD. can I apply for grad school(master) with my EAD?
Thanks
Hi Grad,
I am not Jason but from my experience. You can go to any college u want but you can’t get grant or scholarship nor FAFSA. I tried every way position and I had to work and pay for my college at the end. I started my masters and had to dropped since I couldn’t pay the fees while in school and working. I end up going to another University where I also pay the same fees or even more to get a graduate certificate. But thank God I did some schooling in the US. You can do the same. you can make it also. Applied to any college, they will accept you but you have to pay your own fees.
Maybe Jason has a different view but I am speaking from direct experience.
I have been in the USA waiting for almost 4yrs, A master student enrolled in one of the University, and completed a graduate cert from another university.
So try or wait for Jason respond. Maybe he has a different view or things have change in a yr ago.
One thing, it’s always good trying and never good to give up.
Good luck my friend.
It’s me Mr. Stay waiting 4yrs now.
Cheers!!!!
Hello Jason,
Thanks for all you don on this blog.
Please I have the following questions to ask as regards my ead renewal
1. I just applied for my renewal base on my pending asylum case with immigration court, the current ead expires July 3rd, and i submitted my renewal application on June 3rd, its possible for me to get approval notice before the current one expires?
2. If no, please how or what can I do to get it expedited because I can’t afford to be out of job, it takes a while before I got my current job and I can’t afford to lost it.
I know i supposed to have applied earlier but with covid crisis there was no way i could gather the documents i need for my application since I base in new york.
Thanks for your anticipated response.
Cheers
1 – I think not. The time frame is not very predictable, but most renewals seem to take 4 to 6 months. You should get the receipt before the old card expires. Once you have that, your old card is automatically extended for 180 days. 2 – I wrote about expediting on January 29, 2020. That post will give you an idea about what to do, but I do not see any way you will have the new card by July 3. You should be fine, however, since you will have the 180 day extension. Take care, Jason
You should be able to, and many of my clients have done this. However, you should talk to the specific school to be sure. Take care, Jason
Hi Jason,
can someone with pending asylum case and student visa marriage with green card holder and apply fro green card even if used of his asylum work permit card?
It is not 100% clear, at least to me. If you are still a full time student in valid status, I think you should be able to adjust status based on the marriage. USCIS could argue that you went out of status when you applied for asylum, since it violates the F-1 visa (if you have an intent to remain in the US permanently, that is not allowed with an F-1 visa). As far as I know, USCIS has not considered such students out of status, whether they worked with the c-8 EAD or not, but I would have a lawyer research this for you to see whether there is a more definitive answer. As an aside, if the spouse becomes a US citizen, then there should be no problem getting the GC, whether you are still in F-1 status or not, and so if the person will soon be a citizen, you can always wait until then. Take care, Jason
Hello Jason,
Thanks for reading my comment and appreciate your help and support in advance.
I am a pending asylum applicant. I have applied for travel document (AP), i-131 and my case got denied due to not having a pending i-485 !! I called up USCIS twice and finally directed by one of the officers to mail my request to the name on the decision letter, stating that his decision was based on invalid criteria and i am seeking Advance Parole based on my pending Application for Asylum, i-589. I wrote the letter, and referred him to the Travel Document instruction page ; https://www.uscis.gov/travel-documents , saying that i am eligible as a pending asylum to apply for AP. Unfortunately, i have received a typical response with the topic “Correspondence” which is totally unrelated to what i requested!
Now, i intend to write again and explain the situation. However, i am wondering whether there is an immigration Act for the emergency travel (AP) right for Asylum Applicants or not which i can refer him to. Would you please advise on how to write this letter this time?
I look forward to hearing from you.
Thank you
I do not know of such an act – you can request AP on an emergency basis, you can also request that they expedite since this seems to be a USCIS error (I wrote about expediting with USCIS on January 29, 2020). Unfortunately, they do sometimes screw up these requests for AP. You might try calling them (800-375-5283) and try to talk to a person about this before you re-send it. Good luck, Jason
Hi
I applied for Asylum almost 4yrs now, had interview 1 yr ago, lawyer expedite my case 6months ago yet no result. Only my case is pending for higher management view and decision. What do u think may be the hold?
I also applied for the LRIF GC 3months ago, go a receipt n notice to do Biometric when USCIS open. I am have been in the US since 2016 and have not left yet. Do you think I can be considered for the GC base on the fact that am from the country, been in the US since 2016? I spoke on the phone with an office staff of USCIS who said its ok for me to apply and they will decide on my application. Which I did.
Will they consider me for any reason like base on my asylum n that currently its not ok for me to go back?
With these two application pending what better option do I have? I give all my information relating to the asylum in the GC application n was clear on my arrival time and length of stay in us.
I am just waiting and wondering what my fate would be.
Lastly, was it wrong to applied for the LRIF GC since I applied for Asylum but 4yrs ago?
I am just trying to take advantage of LRIF GC as a citizen from that country even though I had all the proved that my asylum case is very real with documents and pictures since I have been waiting for Asylum result for over 4yrs now. I just got EAD renewal from my asylum.
What do u think will the GC application affect my initial asylum application? Will I be called for an interview for the GC since I submitted all documents and was told that uscis don’t need any other document from me at this time, they are reviewing my LRIF GC application, and will tell when to go do biometric when the office opens.
What do u think? Am just worry about everything.
Thanks sir.
I wrote about possible reasons for delay in a post on October 20, 2015 – maybe that would help. As for the LRIF, I do not know the requirements for that, and so I cannot assess the chances of success. I can tell you that there should be no problem having that case and the asylum pending – one case should not have any negative impact on the other. Assuming you are eligible for the GC based on the LRIF, you should have an interview. If the GC is issued, you can withdraw the asylum case. If you win asylum, you might as well allow the GC case to go forward. If it works, that is great, but if it does not work, you should still be able to apply for a GC later based on asylum. Take care, Jason
Hi Jason,
Hope everything is well with you. These are strange times we living in.
I just wanted to ask you, can congressional action (writing to my local representation) help when it comes to expediting an application with USCIS?
Thanks,
It sometimes works, but it seems no more or less likely to work than requesting to expedite yourself (I wrote about that on March 30, 2017). There is no harm in asking them for help, but you might try to expedite first yourself, and if that does not work, then try the Congress person. Take care, Jason
Hi Jason, I really appreciate your help, your blog is really helpful, i have a question about my case, i did my asylum interview in Jersey since more than 14 months, and just yesterday they sent me them decision, and i got refused, and now i have to start my fights at court, ): My question is : which state i have to go and start my court? I heard that jersey is not good place for court, it’s take a lot of times, so what about Tennessee if i moved and apply to court there? Or what is your recommendation?
Thanks
Hi,Mary!
I am sorry to hear that.That is what I have been thinking of for so long. Why delay a decision for 14 months if it’s gonna end up with a referral to immigration court! I have been waiting for mine for 21 months from Chicago asylum office.
Can you please tell me when you applied?
I applied in 2015 and got interviewed in 2018.
I wish you good luck in court!
Hi peace and love , you mean that had interview in 2018 and still waiting for the outcome for 21 months?
Yes Mano,22 months now still waiting for outcome(decision)
The Notice to Appear should tell you on page 1 (in the middle, closer to the bottom) the address of your court and a court date. You can also call 800-898-7180, enter your Alien number, and the computer will tell you your next date and location (assuming your case is entered into the system), and your judge. As for courts, you can Google a website called “TRAC Immigration” where you can find asylum grant rates for different judges. Also, I should note that it is often a bit easier to win in court than at the asylum office, and so you should still have hope for a good outcome. Take care, Jason
Mary , may I ask when did you apply for asylum as I am also from Jersey but not for any interview call since my application in 2016.
Hi guys! I got updates on my green card application. Please stay positive and hope you will receive updates on your case soon.
Asylum approved at Houston office in November 2018
I-485 application received in December 2019, Nebraska office
Biometrics January 2020
New card is being produced June 2020
That’s great news – thank you for sharing, Jason
Congratulations @ HOPE may you live the rest of your life in happiness and joy in JESUS name. The land of America will favor you in all ramifications.
Hi Jason,
What is the fees of the renewal EAD 410$ each applicant or total is 410$ for the applicant and his co applicant.
I am so confused
Thank you
It is $410 per person, or you can try to do a fee waiver using form I-912 (available at http://www.uscis.gov). Take care, Jason
Hello Jason. Did I hear this right in the comment below that I can travel to Puerto Rico with a pending asylum case and come back to the mainland?
I believe so – you might check with the airline to be sure, but you should not need a passport or a visa for a direct flight between the mainland US and PR. Take care, Jason
Hello Jason
I hope you are doing well.
I just want to apply for ead card after my i730 is approved. in i765 form there are two sections regarding my current stutus (25 & 27)
25- Your Current Immigration Status or Catagory?
27- Eligibility Category. Enter the approperiate letter and number of your eligibility category?
My qestions are should I write down the category of asylee ( A05) because its writtin somewhere in the I797A notice of action (your family member(s) now has aslee status Or I should write (AS7) as its written in the same notice of action (Class:AS7)?
Is class and category Same?
Regarding to the application fee, is it free fee because it is considered initial under my new status eventhough I had ead but under different category?
Thank you dear for all you have done for asylum seekers comunity.
If this is your first EAD based on an approved I-730, I would think that your immigration status is asylee derivative and your category is a-5. I have not checked it lately. If you look at the direct filing addresses for the I-765, there is a breakdown by category and you can double check that you are a-5. Take care, Jason
Hello Jason!
I’m about to renew my EAD, however I-765 form is expired on USCIS wesbite:
https://www.uscis.gov/i-765
It’s expired on 5/31/2020
Do you think I should wait until they’ll upload a new one or I’m ok to file even with expired I-765 form?
Thanks!
I think it will be ok to file the form that is on their website, but one never knows – they have been trying to find sneaky ways to reject cases. Also, if you look at the I-765 webpage (before you click the link to the form itself), there is a link to “editions” or something like that. It tells you what editions or versions of the form are acceptable. Take care, Jason
Do you know In case they’ll reject application ( because of Expired I-765 ), if they gonna refund $410 application fee?
Thanks Jason!
Unfortunately, I would not put anything past them these days. If you look on the I-765 webpage (www.uscis.gov/i-765) where it says “Edition Date”, it says that they accept the form issued on 12/26/2019 – the edition date is on the bottom of the form. If your form has that date on the bottom of the page, they should accept it. Take care, Jason
I applied for EAD for my child on May 1st, and did not even check the expiration date of the form.
We received the receipt Mid May, and check has since be cashed.
Hopefully, there will be no problem.
Hello dear Jason,
Have any of your recent filings (or those filed during the shut down) received interview dates?
Thanks
No, and the only two cases I know of that are currently scheduled for interviews were from 2015 or 2016 (they are not my cases). My case for June 29, mentioned in the article above, was canceled by USCIS this morning. So it goes. Take care, Jason
Hey Jason , I hope you’re doing good. I have been granted asylum last year , July 18th and from January to March 2020 I spent 53 days out of United States. I just wanna know what the best time for me to apply for my green card. Thank you in advance.
You can apply 53 days after July 18, 2020. Take care, Jason
Hi Jason. i am Asylee. i applied i730 for my Family in my Home Country.They conducted interview in start of March 2020 in US Embassy in my Home Contry,After interview us embassy closed due to Covid19.And my all Family members Documents are still in Embassy.Today i checked online status of my family on ustraveldocs.com.it shows to all my family members: ISSUED (on May 15,2020),
My Questions are: 1. ISSEUED means they issued Visa? 2. How many months they give maximum to enter in US?
You might Google the embassy and try emailing them, though I do not know that they will respond. Once things open, you may need to do that to get things moving. In terms of how long the entry foil is good for, I do not remember, but I did a post in December 2019 with a link to an I-730 manual that has a lot of helpful info about such things. Take care, Jason
Dear Noot,
Would you kindly share I-730 timeline for your family and which office you have applied for them.
Thank you!
Hi Jason,
https://www.asylumist.com/2020/05/20/usciss-budget-woes-and-what-can-be-done-about-it/
Today i have done my chest Xray for ( TB) and it was negative Jason, am so happy to share this information to you and who are support me since last week.
Thanks,
John
Thanks for sharing the good news about your TB test.
Good luck.
That’s great – it’s nice to hear good news once in a while. Take care, Jason
Hi Sir,
Hope you are doing well.
I need help regarding my green card status. I did applied for my green card on the basis of approved asylum and it is now more than one year and I did not get my green card. I sent several emails, I did somany calls and several time I did apply for expiditation but nathing help. Please help, where to go and what to do. Do I need to hire lawyer. Where is this nibebraska office located and how I can viste nebraska office.
Thanks,
A Khan
If you check the processing time at http://www.uscis.gov, I think you will see that wait times are 1 to 3 years. We are seeing most such cases take 1 or 2 years, and so I think you are still within the normal processing time. If you have a reason to expedite, you could try that. I wrote about expediting on January 29, 2020 – maybe that would help. Take care, Jason
Did anyone from Arlington, VA office who filed in mid 2016 got interview ?
Thanks
I think most interviews we had from that time frame were expedited. I wrote about expediting on March 30, 2017 – maybe that post would help. Take care, Jason
June 1, 2020
Hi Jason,
I was wondering if as a holder of green card which was obtained from asylum, I can apply for a re-entry permit?
Thanks in advance
Did anyone from San Francisco office who filed in may 2016 got interview lately???
Thank you for answer.
Hi Jason,
I was wondering if as a holder of green card which was obtained from asylum, I can apply for a re-entry permit?
Thanks in advance
You can, though the RP does not serve in lieu of a passport (some countries might accept it instead of a passport, but I do not know). Normally, people who got asylum use the Refugee Travel Document, as it acts as a passport (though not all countries accept it). Take care, Jason
Did anyone from Chicago office who filed in mid 2016 got interview lately???
Thank you for answer.
I applied in March 2017 and got an interview in Dec 2018. I was approved in Sept 2019. You should probably get interview soon hopefully. I was interviewed in Cleveland which one of the field offices of Chicago. I will be applying for GC this coming Sept. All the best.
Up until the shutdown, we were having some interviews in Chicago, but they were newer cases under LIFO. I do not know about 2016. Maybe someone else here can respond. Take care, Jason
Hi,
I have a pending asylum case, valid stated ID, and valid EAD. Can I travel to Puerto Rico and come back without problems? I would still carry I 589 receipt and EAD if required by any asylum agent at the port of entry and I would have in mind to travel directly to PR no third country that is not US territory.
I believe you do not need anything more, but with all the restrictions in place these days, you might want to check with the airline just to be certain. Take care, Jason
Applied Dec 2017 never got an interview in Chicago
Hello Jason
After i730 is approved, Will uscis send me EAD automatically ? or I should apply for it by myself. Should I pay its Fee ($495 total) or there is no fee after the Beneficiary obtains i730 approval?
BTW, if I apply for EAD, there will not be my first EAD, I had it once several years ago and its already expired.
Thank you so much in advance for your reply.
Congratulations on your approval.
Normally they don’t send the EAD, we have to apply for it and in the application you have to select initial employment with the Category A05 which is Asylee. You need to attach your I-730 approval letter Along with othe documents with the application.
Good news is that the first EAD with A05 category is free.
Just curious,
which state are you from?
Can you share your timelines for your I-730?
Did you have your I-730 interview in US?
I’m a big fan of Jason, following this blog for more than 5 years and we are so lucky to have Jason !!!!
Currently I’m an Asylee with a pending AOS
Thank you EXPERIENCEDASYLEE for your explanation,
So, EAD will be fee free even if is not my first EAD?
Coz as mentioned earlier I had it years ago but it was under category of C08.
I do not have i730 approval in hand so far but I just want to make my way a bit clear or you can say I want to buy a saddle before I own a horse.
Regarding to i730 timeframe:
– Filled March 2019
– Expedite request Jun 2019
– Expedite request approved Sept 2019
– Case was received by my local office Nov 2019
– I was supposed to do the interview on March 2020 but it was canceled due to COVID19 Situation. So I m hoping rightafter uscis reopening I will be called again for the interview.
State: Texas
This is your first EAD based on asylum granted (category a-5) and so it is free (sorry to answer for Experienced Asylee, but I have a minute to answer questions now). Take care, Jason
Did anyone from Arlington, VA office who filed in may 2016 got interview lately?
Did anyone who filed in Lyndhurst,NJ on May 2016 get an interview lately
I heard about 2 cases from 2015 that were scheduled very recently – apparently they were filed after the one-year asylum bar, and it may be that Arlington is giving priority to such cases, as the interviews are often shorter (since they case is denied unless the person overcomes the one-year bar, the officer only asks about that and unless the applicant can overcome the bar, the officer does not need to ask about other aspects of the case). We will have to wait to see how things go, as it is not so clear at the moment. Take care, Jason
I think you have to complete the I-765. The first EAD based on asylum granted (even as a derivative) is free. I did a post about the I-730 process in December 2019. That post has a link to an I-730 manual which is very helpful. You might want to take a look at that. Take care, Jason
Please advice members of this group and Jason.
1. Has anyone here travelled to their country of persecution of fear with a pending asylum case for an emergency due to a surgery of a family member and succesfully entered the country back again with an advance parole?
2. My husband and I have an asylum case and yet to receive an interview. His mother will be having a surgery soon.
3. We need to know how long is the advance parole going to be for if we apply.
4. What if the country he travels to doesnt accept advance parole… does he have to renew passport
5. Are they going to stop him at the airport and not allow him to enter?
6. Does he needs anything to support his re entry into The United States ?
We its easy to respond, the country is Srilanka.
1 – I have had client travel home and re-enter. It is likely going to be fatal to your asylum claim, but if you have Advance Parole, you should be able to get back in. You can try to explain at the asylum interview why you went and how you stayed safe, but in most cases, people who travel home will probably be denied. 2, 3. – The period they give you is not predictable. We try to list two dates of travel. The first in maybe 5 or 6 months and the second maybe 4 or 5 months after that. The hope is that they will issue AP to cover both dates, so you will get at least 6 months. In some cases, they issue AP for a year, but generally, it is not very predictable (I once saw them issue it for like 3 days – this was because it took so long to process the application that by the time it was issued, the person’s travel was supposed to be done). 4 – AP only allows you to enter the US; it does not serve as a passport, so you have to use your own passport and use AP to re-enter the US (it acts like a US visa). 5 – If he has valid AP, he should be allowed to enter. I have never heard of anyone being rejected. However, they do sometimes give people a hard time. 6 – Valid AP and a valid passport to travel. Also, I wrote about AP on September 11, 2017 – maybe that post would help. Take care, Jason
Hi plz how long takes to approve I-130 for parents they are inside usa
You can check the processing time at http://www.uscis.gov. I have not looked at that in a while, and so I am not sure, but I-130s generally are taking maybe 1.5 years. Wait times are not very predictable, though, especially these days. Take care, Jason
Hi Jason!
I have changed my address with AR-11 one day ago, but when I call USCIS, they say my address has not been changed in the system. How long does it take that my address gets changed in the USCIS system after submitting AR-11 online? Do you think I have to wait for them to change my address online or if there is any thing else I can do to make sure it is changed?
Thanks!
There is nothing else to do. You should have received a confirmation when you filed it, and you should be fine. I do not know how long it takes to update in their system, but maybe give them a week and call again if you want to confirm. Take care, Jason
Hello Jason! Thank you for your great efforts and content! Hope you are doing well! I had 3 question regarding the form I-131(For Refugee travel document). I really appreciate your responses!
1- I would like to put different addresses as my physical and mailing addresses. I would like to put my friend’s address living in a different state as my mailing address in the form. In the section of “In Care of Name”, should I write “My name” C/O “my friend’s name” OR just write “my friend’s name” ?
2- If I put my friend’s address as my mailing address in the form, do All of my mails regarding this application including my bio metrics appointment letter go to their address and then my friend has to send them to me?
3- In the sections of “expected length of trip” and “Date of intended departure”, can I put “Unknown” for both? or I should put an estimate?
Thank you so much!
1 – For the c/o, you should write the name of the person who lives in the house. 2 – Yes – all documents will be sent to him, and the biometrics appointment will (I think) be near his house, now your house. 3 – It really makes not difference how long the trip is. I would not list something over 4 or 5 months, but I would put something there – maybe just estimate. You will not be held to it (so really, I am not even sure why they ask). Take care, Jason
Tough situation! On one hand this is a health risk for the applicant, attorney and the officer but on the other hand, I can understand why the applicant is willing to take the risk. There is absolutely no guarantee when the rescheduled interview will occur and in many cases it may take years as the case goes into cold storage. In 2011, My individual court date was scheduled a year and half after my master and when the date was a week away, the judge abruptly rescheduled it 14 months later. So it took 3 years to get my court date and be granted asylum. These days many people wait even longer. This is not a reasonable time period and many applicants are worried that their life may be put on hold for years. I hope USCIS completes all adjudications within 6-8 months but that’s too much to ask and now they are running out of money. I hope Jason and other lawyers stay safe – it’s a risk for them too.
Thank you. There is no good answer here, and if there were a good answer, we can be pretty sure the current Administration would do the exact opposite. Take care, Jason
Hay Jason, thanks for this information. I was wondering about that if it is opened how they will process the interviews. One thing that came in my mind is that USCIS started interviewing first come first Interview and left all old cases in backlog, the reason was to discourage those fake cases that were filling because of work permit. Those who filed the cases just for EAD will be able to miss the interview just claiming that they have symptoms. I guess better option would be to start from the oldest one who is waiting for years.
We are still waiting to learn about this. As I know more, I will try to post something. Take care, Jason
Hello Jason, thank you for your service.
1. Is that possible to reschedule my asylum interview since I am waiting My green card decision through marriage base? I am worried if I get interview before I 485 decision and go to the court. I have done interview in January and wait decision.
2. Do you or your college give service in San Francisco area?
Thank you.
1 – They would not accept that as a reason to reschedule. However, given how things are, it is unlikely you will be scheduled any time soon. 2 – We do cases there sometimes, but we are in DC, and so it might be easier to have a local lawyer, but we potentially could. Take care, Jason
A side note: They were super slow in processing my relative’s EAD. He sent in his renewal l-765 app in early February; got initial response (notice of received app) in mid March and finally got his notice of approval a couple of days ago (may 25th). Processed in Chicago. Good thing he didn’t need biometric! It used to take about 5-6 weeks in years past; this year 16 weeks!! In our case it didn’t matter because we applied before expiration date hence 6-mth extension of his last EAD. Barely made it in time!! So lucky we didn’t miss our deadline!!
They are all over the map in terms of processing these (and everything else). We have seen some renewals taking more than 6 or 7 months. Take care, Jason
A question to those who filed both I-485 and I-131 applications: do you usually get a travel document sooner than a green card? Or do both usually take the same amount of time?
For our clients, they usually get the travel document sooner. Take care, Jasno
Thank you, Jason!
And technically once the travel document is in hands, one can travel (and return to the US)? Certainly not to the country of prosecution, by having all necessary visas, etc.
As long as it is valid, you can use it to re-enter the US. Take care, Jason
2months from now will make a 1yr after interview and no final result. Expedite was done stay no result. Besides my case been pending for 3.7yrs now. In 5months it will b 4yrs pending no result. I believe Many others were interviewed with me, the lawyer expedited their case result with mine and they got their result. From the list sent, I am the one left out of 7 to get a result respond from the list of 8. What do u think maybe the problem? Is this a sign of good or bad result in the future? What do I look up to?
This is so frustrating for me. I have not seen my kids going almost 4yrs now. What do u think I can do or expect the result would be?
If you have tried to expedite (or just get) a decision and it has not worked, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018. Also, I did a post on October 20, 2015 listing some reasons that cases are delayed. The main reason for delay, though, is the security background check. Take care, Jason
I have moved from Arlington to Sacramento and my new asylum office now is San Francisco asylum and applied 2016 . There any one in San Francisco asylum office waiting for interview from 2014/2015 or 2016. I would like to know where is San Francisco asylum office interview schedule? Please give me an idea how long I am going to wait? Thank you.
Hi, I’ve been waiting since November 2015. Still havent heard anything.
I’ve heard prior to changing the order of interviews to last in first out it was moving fine in SF (approx 3 years of wait), but currently with latest policy really hard to predict this. But because you are 2016, it might move a bit faster then my case
Thank you so much NAYA. Do you think I will get interview at least the end of next year may be October /December 2021.
Hay NAYA i think you get your interview soon. As you know before starting LIFO San Francisco asylum office is conducting interviews who filed in August, 2015. And i filed in August, 2015. I got interview in Jan, 2020 and asked to received decision after two weeks. But they send me approval in February,2029. So I think they also work on old cases too.
In my opinion,SF office is one of the best.Im sure you will be interviewed soon.My friend applied in summer 2016 and got interviewed In April 2019 and approved in Nov 2019.I’ve been waiting since June 2015 in LA and filed to expedite two times (My husband hasn’t seen his two sons for 6 years)but nothing yet.I hope the coronavirus crisis has a positive outcome for all of us especially who are suffering from the family separation.
Thank dear Jason for being with us in this tough journey.
God bless you !
I agree – statistically, SF is the best office. How fast it will be when they reopen, we do not know, as I expect there will be big changes to the time frame for cases, but we shall see. Take care, Jason
Thanks Ilyas, this is great news, I’ve been hoping past few years that they were working on old cases, but there was no much information about SF office, except the statistics they recently published, but they never mentioned if they really work on old applications or what’s the timeline. And your message gave me a bit more hope. Congrats on your approval!
Thank you! like Jason said, it’s hard to predict now, but Im staying hopeful
I do not know where SF is in terms of the backlog, but they have generally been better than most other offices. I expect things will be moving slowly, and so there is no real way to predict when a particular case may be interviewed. If you want to try to expedite, I wrote about that on March 30, 2017. Take care, Jason
Jason , has USCIS informed which offices are opening? Any information when NJ office will start taking interviews. Also with closed do you think new cases will be less and so they can speed up the backlogs
You can see that here: https://www.uscis.gov/about-us/uscis-office-closings. All asylum offices and USCIS field offices will open. How many interviews they will do, we do not yet know. It seems like Arlington, VA is paving the way for this and they are already scheduling interviews. Whether other offices are doing that too, I have not heard. Take care, Jason
Hi Jason
Thanks for your assistance here. my husband was granted asylum in December 2018 and then file derivative application for me to join him. He got a mail yesterday that the application is approved and that i will be contacted for further processing on travel arrangements. my question is, will i be subjected to interview session as the spouse of an Asylee or is it just for them to get my bio-metrics and process my travel documents?
Thanks
There is an interview. Usually it is pretty minimal, but it could be more extensive, so you should be familiar with his asylum case or prepared to explain why you are not familiar with his case. Also, I did a post in December 2019 (or maybe January 2020) with a link to an I-730 manual that is very helpful. You might check that for more information about the process once the I-730 form has been approved. Take care, Jason
Dear Asylee Wife,
Would you please let me know which office you have submitted I-730 ?
Thank you
Hello Jason and hello to all Asylum family!
I hope everyone is staying well and safe during these challenging times…
I have 3 questions, and I believe there are lot of people in my same situation, looking for the same answers, so please, if anyone has any info ,please please share….
My case is in Immigration Court in Miami.
My Master calendar hearing was scheduled on April 9th, 2020, but as we all know due to COVID-19, all non-detained hearings were canceled and postponed, with the latest postponement being until June 12th….
Now, since USCIS is officially reopening on June 4th, and Jason mentioned that a case has already been scheduled for an interview, I assume that the courts are going to reopen too without any further postponements….
Now my question to Jason and everyone else in the same position is:
1) Do you have any idea (from current or past experience), how will those hearings going to be rescheduled? Are they going to be put simply last on the line, in the far future (2022,2023 maybe), or they will try to squeeze them somehow not too far…
2) I am asking particularly about MASTER hearings (not individual), because they were the first type of hearings to be cancelled, simply because they are gatherings of large crowds, and current COVID-19 policies prohibits gatherings of 50 + people….
I also heard that the during the previous GOVERNMENT SHUTDOWN in 2019, which only lasted around 1 month, some of the Court hearings that were cancelled during that time, were rescheduled 2-3 years in the future…..
3) my question to Jason here is, what was your personal experience in that GOVERNMENT SHUTDOWN, regarding the rescheduling of the MASTER calendar hearings? Were they really rescheduling them 2-3 years away and did you personally or your colleagues have any cases that were rescheduled that far ?
Thank you in advance for anyone who will shed some light here, and appologies for the long post.
May God bless you all !
1 – Judges have control over their dockets, and so I expect each Judge will reschedule as he or she pleases. We have seen some postponed cases get rescheduled for years in the future; others were set for months in the future; still others have not yet been re-set. 2 – MCHs were rescheduled as described in #1. 3 – Most MCHs were rescheduled on the sooner side, meaning less than a year, but some were more than a year. Once things are open, you can always try to advance your case if it is too far away. I wrote about that on April 20, 2017. Take care, Jason
Given the intention of the current administration to eradicate immigration as such, multiplied by complete confusion and misunderstanding of the situation with COVID-19, we can assume that everything will be just worse and worse. Accordingly, even the most wise and knowledgeable people like you James can not predict what horrors await asylum seekers (and not them only, of course) in the future .
Things do keep getting worse, and now it seems USCIS plans to shut itself down, using the pandemic and budges woes as an excuse. I do view the immigration system as a canary in the coal mine. As the Administration violates the law and harms immigrants, we can expect to see similar behavior towards citizens – and in fact, we are seeing such behavior. Take care, Jason
Hi Jason!
Do you know if Asylum pending applicants are qualified for in-state tuition when applying for school/college? If not, what other alternative do they have? By the way, I am in New York City. Thanks in advance.
As far as I know, my clients only get in-state tuition after asylum is approved, but you might talk to the financial aid office at your school – even if you cannot pay in-state, maybe there is other money available to help you. Take care, Jason
I attended a community college and then private University in Rochester, NY. My asylum application is pending and I was qualified for in-state tuition. I had to prove that I have lived in NY for more than a year. ( Driver’s licence, bank statements etc) I am also qualified for private merit based scholarships. Good luck!
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
Thanks for sharing. Very informative. Jason, do you have any ideas about what will happen to green card interviews for asylees? my wife and I applied for a green card and we have not received any interview notice yet. I am the principal and she is dependent.
Thank you as always.
Thanks Jason for the update:
An executive order by DJT will solve the problem. For every person that has lived here for 3 years or more without an interview or decision, do a background check and grant asylum -“Covid-19 relief program for invaders.”( I have a dream)
For people who have waited less than 3 years, start interviewing from first in, first out.
Fair!
I agree with your proposal. If I see our dear leader, I will pass it on. Take care, Jason
If you checking the processing time, I think it is between 1 and 3 years, and this seems a deliberate campaign to slow down the process. Also, USCIS is potentially going out of business in 2 months due to funding issues, and that will also slow the process. In terms of interviews, I do not know, as I have not seen anything specific about that. All field offices (where interview take place) will open on June 4, but how many interviews and what types of cases, we do not know. Take care, Jason
How long since you applied for green card?
Jason this is a question probably many have, what’s happening to those with asylum who have applied for green card. Are there applications also delayed a lot, do they still have interviews? I recall processing took about 1 year or so?
It was taking maybe 14 months for most of my clients, but I think it is becoming less predictable. Last I checked, the processing time at http://www.uscis.gov was 1 to 3 years, and we have a few cases that have been waiting over 2 years. Other people have received the GC more quickly – maybe 6 months, but that is not so common these days. Take care, Jason
I have applied to 4 years ago and still waiting. Are they going to do the last in first put policy again?
There is no announcement about this, but I am quite sure they will stick with LIFO. the question is, how will they address the backlog cases – from oldest to newest or newest to oldest, and so far, we do not know. Also, this many vary from one office to the next. If there is news, I will try to post that here. Take care, Jason