[Updates to this post will appear at the bottom of the article]
There is an overwhelming amount of bad news these days. You’ve probably heard about the coronavirus pandemic and the upheavals caused by racial injustice, but in the last couple weeks, there has also been a flurry of bad news in immigration-world. We could spend months dissecting all that has happened, but here I just want to alert you to the highlights (or low-lights) of recent developments. Without further ado, then, let’s get this over with–
(1) The Administration has proposed sweeping new regulations that would dramatically impact asylum seekers. The main targets of these changes are (as usual) asylum seekers from Central America and Mexico–people fleeing gang violence and domestic violence–and people arriving at the Southern border and requesting asylum. But the proposed changes affect all asylum seekers. For an overview, see this brief article and this more detailed analysis, both by Aaron Reichlin-Melnick.
The new rule seeks to block asylum seekers who passed through a third country to reach the U.S., who failed to pay taxes or worked without authorization, and who have more than one year of unlawful presence in the United States. It also allows judges to “pretermit” (deny) asylum cases where the applicant has not set forth a prima facia case for asylum (this will be a particular problem for pro se applicants, who may not know how to articulate a valid claim). The regulation also narrows the definitions of “particular social group” and “political opinion” in order to more effectively block people who face violence from non-state actors. Further, the regulation raises the bar as to what constitutes “persecution” under the law, and encourages denying asylum based on discretion. Many of these rules are meant to affect people who have already filed for asylum, and could not have known about these burdensome new regulations when they asked for protection. While my take on all this is not quite as negative as that of Aaron Reichlin-Melnick (I don’t think everyone who passes through a third country will be barred), there is no question that, if implemented, these regulations will block many otherwise-eligible applicants from receiving asylum.
One last point: These regulations are not yet in effect. There is a 30-day comment period and the regulations would go into effect sometime after that, assuming they are not blocked by a court. In the mean time, you can submit comments here (use reference number “EOIR Docket No. 18-0002”). Apparently, if more people comment, it will help delay the implementation of the rule, so please consider submitting a comment.
(2) Due to a massive budget shortfall, USCIS is set to furlough over 70% of its workforce by the end of July. The agency claims that its financial problems are due to the coronavirus, but most observers (including me) believe that the main reason is the Trump Administration’s anti-immigration policies, which have blocked or discouraged many people from seeking immigration benefits. Since USCIS is 97% funded by user fees, the dramatic drop in applications has left the agency broke. It’s hard to imagine how cases will move forward if so many workers are laid off. This means we can expect even longer delays for work permits, green cards, naturalization, adoptions, work visas, and many other types of immigration benefits. Exactly which services will be effected, we do not yet know, but it appears that USCIS has already suspended processing of most green card applications. Worse, the departure of so many experienced employees will likely result in long-term damage to the agency.
USCIS publicly claimed that it requested $1.2 billion from Congress and that it would pay back the money by increasing user fees by 10% (on top of other proposed fee increases). However, as of last week, “the Trump administration had still not made a formal request for any emergency funding.” One knowledgeable USCIS employee I spoke with believes that the Administration has no intention to request the money or save the agency. She believes that destroying USCIS is part of the Administration’s plan to cripple our immigration system.
You can sign a change.org petition to demand that Congress fund USCIS, so it can continue its mission.
(3) An Office of the Inspector General report revealed that the Executive Office for Immigration Review (“EOIR”), the office that oversees the nation’s Immigration Courts, had substantially mismanaged its budget for FY 2019. The OIG investigation was initiated after EOIR Director James McHenry sent an email inaccurately characterizing the state of the agency’s budget. The report found that “EOIR leadership failed to coordinate effectively with its budget staff,” that the agency failed to anticipate the cost of court interpreters even though it had the necessary information to project those costs, and that “miscommunication across EOIR” led leadership to miscalculate its expenses. The National Association of Immigration Judges (the judges’ union) characterizes the situation at EOIR as follows–
The mismanagement uncovered by OIG in yesterday’s report is only the tip of the iceberg of persistent systemic and structural failures at EOIR. EOIR has failed to implement an electronic filing system, failed to properly hire judge teams as instructed by Congress, failed to secure adequate space to properly run the court and has persistently shuffled immigration judge dockets resulting in the unprecedented backlog of over 1 million immigration court cases.
The judges also reference a recent TRAC Immigration report, which indicates that data released by EOIR about grant rates in Immigration Court is “too unreliable to be meaningful.” TRAC notes that “EOIR’s apparent reckless deletion of potentially irretrievable court records raises urgent concerns that without immediate intervention the agency’s sloppy data management practices could undermine its ability to manage itself, thwart external efforts at oversight, and leave the public in the dark about essential government activities.”
(4) Speaking of EOIR, in a court-packing move that would make FDR blush, Director McHenry offered buyouts to nine BIA Board Members appointed prior to the Trump Administration. Though the agency denies it, this was a clear effort to further stack the Board with Members favorable to the Administration’s agenda. Indeed, the move follows an earlier decision to elevate six Immigration Judges with unusually high asylum denial rates to the Board of Immigration Appeals. For more on the politicization of the BIA, check out this posting by Judge Paul Schmidt, a former Chairman of the BIA with first-hand experience of an earlier purge at EOIR.
(5) We have been hearing news on our immigration lawyer list serves about a possible expansion of the non-immigrant visa suspension and an additional attack on asylum seekers. Nothing is known for sure, but it seems the Administration is planning to ban some non-immigrant visas (H-1b, H-2b, L-1, and certain J-1 visas) for a limited period, and to limit OPT for F-1 students. Also, we are hearing about the possible “rescission of employment authorization for asylees, refugees, and TPS holders that would face significant legal hurdles” (the quote is from my list serve; it is not an official announcement, and it is strange, as asylees and refugees are entitled to a work permit under the law). We do not yet know what this means, but my best guess is that the Administration will try to block EADs for asylum applicants (not asylees) who have a one-year bar issue.
(6) While this is not (yet) bad news, we are anticipating a decision in a Supreme Court case where the Trump Administration is attempting to end DACA (Deferred Action for Child Arrivals), the Obama-era program created to protect from deportation certain people who arrived in the U.S. as children. As many as 800,000 people could be effected. Given how the Court has ruled in past immigration cases, I’m not optimistic about the result, but we will have to wait and see. I’ve written about asylum for DACA recipients here, though the new proposed asylum rules would greatly reduce this already difficult option.
(7) Education Secretary Betsy DeVos issued a rule barring colleges from granting coronavirus relief funds to DACA students. While Secretary DeVos claims that she is simply following the law as written by Congress, it seems that the law could have been interpreted to help the DACA students (and a substantial number of Congress people have protested the Secretary’s move). Since the pattern of this Administration is to harm the weak and vulnerable, it’s not surprising that Secretary DeVos interpreted the law in a way to exclude these students. The Secretary’s decision is the subject of a lawsuit, and so we will see what the courts decide.
Oy vey, That is more than enough for now. We can hope that courts will block some of these rules, but we also need to work to prevent a second term for this Administration, which has consistently lied about and attacked non-citizens and other vulnerable people. En la lucha!
Update from 06/17/20
AILA [American Immigration Lawyer Association] has been in contact with USCIS, Hill staff, and reporters to obtain additional information on USCIS’s current guidance for the processing of adjustment of status applications. From what we have surmised, the hold on adjustment of status cases applies to cases that are pre-processed by the National Benefits Center before being sent to local USCIS field offices and specifically the following cases:
- “I-485 interviews”; and
- “I-485 interview waiver cases not already distributed”.
However, “emergent or sensitive” cases, such as those related to COVID-19, may be referred by officers to leadership to determine if the cases can move forward. It is also important to note that some adjustment cases are adjudicated by SCOPS (including for example, asylum, diversity visa, EB-4, T, U and VAWA cases).
Based on member reports, adjustment of status applications continue to be approved in instances where interviews have been waived. Therefore, the “hold” seems to be in reference to those cases that require in-person interviews before a final decision can be issued.
A hold on adjustment of status interviews could appear to be consistent with the information that USCIS has released concerning its phased reopening of in-person services. Although USCIS began reopening field offices for non-emergency services on June 4, 2020, the agency announced that “offices will reduce the number of appointments and interviews to ensure social distancing.” As local USCIS field offices begin reopening, USCIS has prioritized in-person services for naturalization oath ceremonies and naturalization interviews and continues to handle emergency services. AILA expects that as more social distancing protocols are lifted, USCIS should begin resuming other types of interviews and appointments.
However, given the hold on “interview waiver cases not already distributed” it seems to indicate that USCIS has stopped actively making interview waiver determinations and adjudicating those cases. Based on conflicting reports we have received it is unclear whether this is a temporary pause on interview cases or on all adjustment of status cases at field offices.
Update from 06/18/20
First, the good news – The Supreme Court, in a 5-4 decision, has blocked the Trump Administration from ending DACA, thus (for now) protecting hundreds of thousands of people. The basic reasoning is that the Administration failed to follow the proper procedures needed to end the program. In short, the Administration’s maliciousness was defeated by its incompetence. This is a fantastic decision, and it shows that it is possible to defeat the Administration, even in the Supreme Court.
The other news is that we are receiving more information about the Administration’s plan to block asylum seekers from obtaining a work permit. There is still nothing official, but reports indicate that people who entered the country without inspection or who filed for asylum more than one year after arrival will be blocked from receiving an EAD while their asylum case is pending. Again, this has not been implemented or even officially announced, so we will need to wait for the actual proposal.
Update from 06/19/20
New regulations, which will officially be published next week, basically signal that USCIS will be taking longer to adjudicate EADs for people with pending asylum cases. I will review these after they are published, but it seems unlikely to make a big difference, given how unpredictable processing times already are.
Dear Jason,
My asylum was denied by the Asylum Office before the pandemic started. So, I am back to F2 visa which might expire once my husband’s OPT expires next year. It is a tough and hopeless situation to be in.
Given our situation and background, is it advisable to move to Canada and what are the possible challenges that we need to address beforehand to make such a move successful? or What other options do we have?
Thank you sincerely for your help in advance and for all that you to provide ray of light during these dark times.
Best wishes,
Zen
I know this might sound ridiculous , but the only legal exception to the third safe country agreement is to enter Canada NOT THROUGH PORTS OF ENTRY in order to be heard for an asylum claim. Good luck
You can file again for asylum (though the procedure is different for a second application – contact your local asylum office about that). If you lose, which you probably will, since you lost the first time, you will go to court, where the Judge will hear your case de novo (meaning, the judge will make a new decision based on a new trial). If you want to go to another country to seek asylum, you can try that too. If you go to Canada, there are limitations on seeking asylum there, if you were here first (under the Safe Third Country Agreement). Talk to a lawyer in Canada about whether that is a good idea before you try to go there, as I have seen people try to go there and end up being detained, so it is best to talk to a lawyer there to see what can be done. Take care, Jason
DIRECT LINK BY ASYLUM OFFICER TO TELL CONGRESS TO STOP FURLOUGHS
https://actionnetwork.org/letters/tell-congress-to-halt-uscis-furloughs?source=email&
Hi Jason,
I’m wrapping up my I-485 to mail it tomorrow to USCIS, my question when you mail it do you put all the papers together on one envelop without separating them ( I-485 + supporting documents + pay check ) ?
Thanks,
I’m not quite sure what you mean, but we mail everything in the same envelope. We also include a cover page, listing each document that is included. Take care, Jason
My case is pending since 3 years .Waiting for interview .Lastly year my dad when through a brain stroke and is very sick .Can I expedite my interview at This time how can I do that .I need help
You can try – I wrote about that on March 30, 2017. You can also try to get Advance Parole in order to travel to see him, though if you go to your home country, it could create big problems for your asylum case. I wrote about Advance Parole on September 11, 2017. Take care, Jason
Sir Jasón read the news cnn fox everywhere uscis is going to fire 70% of his workers . How we can help !please this is an emergency . With out nobody to work our cases are stuck longer than forv ever
There are some online petitions about this, but maybe the more useful approach is to contact your Congress person and ask your friends to do the same – you can find links to the contact info for the House of Representatives and the Senate at right. More important, we need to be working to defeat the President in the upcoming election. Non-citizens can volunteer to help, and so you might consider that (though non-citizens cannot vote, or they could face severe legal consequences, including deportation). Take care, Jason
The news are true Jason . They are starting to furlough internally . If people don’t push Congress for funding by beginning of 2021 there’ll be little to none workforce capacity to assist the monstrosity of applications . I suggest you make others aware and help push for aid . Everyone’s lives are at risk
People are aware, but it is unclear whether Congress will act (especially since the Trump Administration seems to want USCIS to furlough its employees in order to kill the agency). Take care, Jason
This morning I’s reading news that as of August 1, 2020 about 70% of USCIS employees will be furloughed! This is huge, it’s like shutting down the whole immigration system. I hope November election might bring new administration but for now it looks like everything has messed up, is there anything we can do? Like can we apply for our work permit renewal earlier than 6 months?
Furloughs will start at the end of July or beginning of August unless Congress steps in to fund the agency, and this seems unlikely, especially since it appears the Administration wants to kill USCIS. There are some online petitions about this, but maybe the more useful approach is to contact your Congress person and ask your friends to do the same – you can find links to the contact info for the House of Representatives and the Senate at right. Take care, Jason
Dear Jason
Got a quick question
Its so strange i have a pending decision from Arlington USCIS dont reply when my lawyer or Ombudsman office do inquiry on my behalf usually USCIS RESPONSE SO FAST.
But when I personally email USCIS they reply me within an hours ! What could be the reason behind this!
Do you think d person reply my email is different departments than people responding Ombudsman office or my Lawyer. “They were supposed to finalized my case “ by now based on their 3 months ago responding OMBUDSMAN Office but now the ombudsman office told me too that its been two month we sent a follow up email they didn’t reply yet!
But when i email they answer in a hour.
Have you happen face such issuss
For me, sometime they take a long time to respond, sometimes they do not respond, and sometimes, they respond very quickly. Lately, they seem more responsive (maybe because there is not a lot else going on there). Maybe it is just luck. As for the Ombudsman, my sense is that that office is pretty useless these days, but I do think they changed leadership relatively recently, and so maybe they are improving. Take care, Jason
Jason, thanks for the updates. Is it possible that we asylum applicants could file a class action type proceeding, we are the members of a class that is prejudiced/aggrieved and that is why we file our mandamus separately, (I know every case has its own merits and grounds) but generally we do not need any compensation, all we need is adjudication of our cases on merits. Just asking if we will be able to do that. thanks
I have had this line of thought before.
Let’s see what Jason says.
Let’s hear*
I am not sure about that, but it is an interesting idea. The problem, I think, is that the government does not have the resources to process all the cases, and there is an “extraordinary circumstances” exception to the 180 day processing time (that is supposed to be the maximum!). The exception swallows the rule, and all cases are operating under “extraordinary circumstances.” That said, I am not sure if there is something here that might be amenable to a class action. There is a lot of litigation going on now (fighting against the Administrations new policies), but I do not know of any litigation to try to make all cases faster. It seems to me that that might be a task for a large non-profit or a law school clinic. Take care, Jason
Hi Jason,
I read that the director for the asylum office notified that 1500 of 2200 officer would receive a furlough notice.
USCIS is expected to furlough over 13,000 employees (out of about 20,000). I forget how many asylum officers there are, but my guess is that it is around 750. I do not know how many, if any, will be let go. Last time I spoke to my friend at USCIS, she seemed to think that asylum officers would not be affected, but that was a couple weeks ago, and even then she was not sure. Take care, Jason
Hi Jason,
My question is pretty straight forward. Considering the recent bars on immigration through Trump’s E.O., can a green card holder still petition for a spouse or children under 21 to come to the U.S?
Thanks for all you’re doing.
Yes – children of citizens and lawful permanent residents are not impacted by the EOs. Take care, Jason
Dear respected mr jason. I have a concern. I am close to applyyiing for Green Kard and I was told that I have to get a county sheriff letter saying that my record is clean to introduce with the application. is this true?? gracias
I never heard of such a thing for someone seeking a green card in the US. For people who get the green card at the US consulate overseas, they have to get a police clearance. Take care, Jason
Does anyone know when the asylum offices will be able to go back to full interview capacity? I heard that the process has become so slow that for all intents and purposes the asylum office is closed.
It is very slow, and no one knows when it will speed up. I doubt it will operate at full capacity any time soon, as people still need to practice social distancing, which means they cannot interview as many applicants. Take care, Jason
Hi Jason,
My case has been pending for a total of 1541 days, 360 days after my interview. Is this normal?
Thanks!
Hay seeker, mine is pending since 2076 days if that makes you feel better. Best of luck.
Really? Are you still waiting for interview or decision?
My case has been pending with USCIS for 2519 days as of today (almost 7 years). I had two interviews, the second one was in 2018, yet no decision, I’ve tried every thing (congressional inquires, inquires via AILA and my lawyer) but it seems the supervisory asylum officer is blocking my case. The only (non-guaranteed) solution is to file a writ mandamus but it’s very expensive ($5000-$15000).
Jason, is there any alternative way to get the Asylum Office to issue a final decision?
Why some applicants receive “recommended approval” letter and others do not?
Do you think the new asylum rules, if it got implemented, will affect those who are pending a final decision?
This is racism disguised as a “national security” issue!
Have you tried retrieving your file via FOIA?
Thanks!
For some reason, Syrians seem to be treated worse than other countries, even Iraq, which seems like it is similar in terms of national security concerns. I think you should seek out a different lawyer for the mandamus. I have heard about fees being in the $1500 and above range, and so $5K to $15K seems too high. I really do not know why some people get the RA – supposedly it means the person meets the requirements for asylum but the background check is not complete. In one of the many new proposed rules, USCIS wants to eliminate RAs. Also, some of the new provisions seem to be retroactive, so they could affect a pending case. Hopefully, they will be blocked in court or maybe USCIS will not apply them retroactively. Take care, Jason
Mine is pending since 1,981 days, in New York City Bethpage Asylum office, no signal for interview anytime soon. What a fun for waiting 5+ years. If that makes anyone feel better.
My case is pending for 1566 days in LA Asylum office. No interview scheduled yet. I am from Pakistan.
Unfortunately, it is not so uncommon. You can contact the asylum office to inquire about your case – you can find their email if you follow the link at right called Asylum Office Locator. You can also try the USCIS Ombudsman or your Congress person (links are also at right). If nothing works, you might try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Jason, you mentioned that some lawyers may file mandamus for $1500, I know it may be problematic for you professionally if you refer a lawyer, but please let us know a list or a few names/phone numbers of the lawyers who can file a mandamus in $1500 or less, it will be very helpful for hundreds or even thousands of us.
Thanks
Unfortunately, I have no way to do that, and once I go down the path of recommending lawyers, it will create a difficult situation for me. I have not surveyed prices very recently, but I think if you call to several different lawyers, you should be able to find a better price. One lawyer did a blog post here – on October 2, 2018. Maybe you can contact him. His contact info should be in that blog post. Take care, Jason
You are not on your own. Mine has been pending way far away than yours and over 1,200 days post interview . Life in this country is just getting horrible with a pending asylum awaiting decision, this is so frustrating
Hi Jason,
Thank you for all information…
I am dependant in the asylum application of my spouse. I came to US with tourist visa but I did not write down in the visa apolicarion that I have a brother living here. My brother is also in the process of getting the green card and we are sharing the same hoisehold. Will the officer ask me as the dependent about my visa? And will my spouses application harm his case or vise-versa?
Thank you
hi Jason,
thanks for the help.
if I travel to home country for parent funeral, will there be trouble when coming bach here?
what’s the worst case senario?
I’ve a green card based on asylum.
I am sorry for your loss. It is unlikely you will have trouble traveling, but it is possible. You should be prepared to explain why you went and how you stayed safe while there. Also, you should be prepared to explain this again when you file for US citizenship. I have had clients do this and return without any issues. Take care, Jason
I think it is best to inform them about this and try to explain what happened. You might want to talk to a lawyer to decide how best to do this, but in general, when a person has such a problem, it is better to clean it up sooner and it is also better if you inform the government about this issue before they ask you about it, as that looks like you are trying to do the right thing. Take care, Jason
USCIS today announced their plans to publish the final rule that would modify the asylum seekers’ eligibility for employment authorization. Among other things it would preclude aliens who have stayed in the US for more than a year before filing asylum claims from receiving employment authorization. But what scared me the most was their answer to the comments that had suggested automatic exemption for those people who were in lawful status when they filed for asylum and thus meet a regulatory exemption to the one year filing deadline. The following is an excerpt from the pre-published final rule:
“”” One commenter noted a 2000 rulemaking in which the legacy agency created an
exception for nonimmigrants to the one-year filing deadline for asylum applications. In that
rulemaking, the former INS indicated, “[t]he Department does not wish to force a premature
application for asylum in cases in which an individual believes circumstances in his country may
improve, thus permitting him to return to his country.” DHS is not bound by that prior statement
and takes a different position today. Namely, it believes that the agency should not encourage a
bona fide asylum applicant to delay filing for the reasons stated above. Carving out an exception
from this provision would encourage such a delay. “””
Their attitude is, hey we changed our minds, deal with it. I fear that they might go ahead any publish a new rule that might wipe out the regulatory exemptions to the one-year deadline, such as the lawful-status exemption and thus disqualify individuals who have decided not to file for asylum yet, waiting to see what happens in their home countries.
What do you think Jason? Is this a probable outcome?
I will try to post something about this soon. As I read the rule, people who did not file within one year cannot get an EAD unless an asylum officer or judge determines that they meet an exception to the one-year rule. Of course, that will not happen until the case is decided, so effectively, people who do not file in a year will be ineligible for an EAD. I do not think this will result in an end to exemptions to the one-year rule, as that is written into the statute and can only be changed by Congress. Take care, Jason
Hi Jason,
I was trying to read the rules and this is what I found there regarding the 1 year filing deadline.
DHS will only apply the one-year filing deadline provision to aliens who filed their
asylum application on or after the effective date of this rule. This change is reflected in
208.7(a)(1)(iii)(F).
Does this mean that the 1 year filing deadline for EAD is not for people who have already filed their case before the effective date of this rule? Meaning is it not effective retroactively for people who have already filed for asylum?
I am confused.
I am not sure yet, as I do not know whether it applies when people seek to renew the EAD. I hope to post something about this soon and maybe I can figure it out. Take care, Jason
Hi Everyone, hope we all are staying safe and positive at trying times like these. Has anyone recently received their renewed EAD(c8) and how long did it take? I submitted my renewal application mid January and still have not heard anything aside from my receipt with 180 day extension.
Thanks
I did. Submitted in early March, received EAD in hand in mid June.
did it come after your current one expired?
Yes. It was before expiration of current one.
i am wondering why is mine taking so long, it expired some days ago and i had applied mid Kan 🙁
hey, I applied for renewal end of February and received in May. Processing was faster than expected. Good luck.
This makes me super paranoid honestly. Mine expired some days ago and still nothing 🙁 i wonder why
Did they cash your check? What about your case status on the uscis website? Have you seen any update?
They did cash my check long ago, the case status says they have mailed me
the receipt in February which they had. I had to send the receipt to my employer to extend it since mine expired last week. It’s just way too long i think (6 months ) and I applied at Texas Center. Wondering if i am being affected by new rules. I had that in mind that’s why applied for a renewal as early as i could.
The new rules are not yet in effect. Renewals have been slow for a while, so it may just be normal slowness. Take care, Jason
Hi ANON,
My husband applied Jan 1st and yesterday his status got updated to “Case was Approved” so you should probably hear soon. BTW, he is the main applicant and it was the renewal.
Ahh thank you so much, this definitely gives me hope. My lawyer also said they are much faster with newer cases but old ones have been sitting there, so i wonder if that’s the case.
Thanks again
They changed the system in January 2018 to prioritize new cases, but even then, most offices could not interview all newly filed cases. Some offices were better than others about this. Then the coronavirus stopped everything. They only reopened on June 4, and things seem to be moving very slowly. Take care, Jason
We have received a few recently, and if I remember, they are taking maybe 5 to 7 months. Take care, Jason
It’s a party in the USA ! Let’s all dance we are happy and this is great , we should be grateful for a day like this wooohoaaa , dance with me ?
Partyintheusa,
What are we missing?
Since everything becomes more and more ambiguous, what’s your exit plan? I’m myself not ready spend another 10 years waiting for a GC. Probably gonna wait another 2 years tops and move somewhere to Europe.
Considering Berlin or Zurich so far, not sure if there’s anything to do in Canada.
Moreover worried that our EADs gonna expire and we gonna get fired as they won’t be able to extend them in time.
If you’re waiting for your GC, then your asylum has been approved. If so, you’re eligible to work, and an EAD (expired or non-expired) has nothing to do with it.
Hi George,
Sorry to hear this. May I know why it is taking so long?
Sorry, poor choice of words! Was just saying in general. Cause me and a lot people I know waited already for 4+ years just for interview and it doesn’t seem that it will be anytime soon. And I know at least 3 people who has been waiting 1-2 years just to get results after interview, one of them recently got a denial. He said he’s expecting his court hearing to be held in 2026. Met here in US a few people who has been already jumping through immigration hoops for like 10-13 years and still with no GC, seems crazy to me.
On other hand acquaintances who came 1 year before me and in 2018 already got everything. Some old friends of mine who went to Canada already got permanent residencies too :/
Hello Jason,
my asylum application is pending for interview. my husband will be eligible to apply for citizen in next three month.I read this new regs which is designed to deny an asylum application .do you think they will give us time or court hearing,so if any things goes wrong to adjust my status based on marriage or they will eliminate individual hearing?
Hey Jason, hope you’re doing well. My friend who has a withholding removal status wants to invite her parents to see her and her kids. Is it gonna be a problem at the embassy back home? They are in Africa. Thank you in advance.
I do not think it is a problem, but I do not know that an invite from her will help much. If the mother thinks it will be difficult to get a visa, she might want to hire an attorney who assists with such cases to see if she can make a stronger application. Take care, Jason
You will probably have time, since asylum cases take so long, but he should apply as soon as he is eligible. Also, if you want, he can file the I-130 petition now (you are probably not eligible to file the I-485 until he is a citizen, but you can start the process with the I-130). That might save time if you end up having to get your status based on him (and I-130 fees will likely go up later this year, so it is cheaper to file that now). Otherwise, if the case lands in court, most judges will allow you some time to get the GC based on your marriage. Take care, Jason
Dear Jason
something very weird happened to me. I was granted asylum this year, and two days ago my cousin called saying that the embassy of the US called him asking if he knows me and that I am an asylee in the US now. my cousin woked 20 years ago as a security guard and it worries me so much , why would the embassy ask him about me? and how would they disclose such an information? what would be the possible reasons behind this?
This is a nightmare for an asylum seeker if their family is contacted in their home country or if their family members are affected because of them. I remember an older post of Jason in I guess 2013-14 when the sister of an asylum seeker was called in the embassy and her B1/B2 visa that was already on her passport was canceled because her sister was seeking asylum in the USA. I don’t know what would be the reason behind this.
Wow! This was not the USA I was told will protect me.
This is so insane!
Tina, this is exactly what my views are. I know good people are in much more quantity than bad people in the USA. I have seen humanity and helping hands in the USA much more than my home country, I hope goodness prevails.
I agree. My comment was in reference to the current administration. USA government is supposed to protect us. Now they call relatives of asylees.
It is very rare, and it turned out that the sister’s relative reported her to the embassy for some reason, and so I do not think it happened just because of the US government investigation. There are other cases (and I may have mentioned them in that same article) where embassies divulged that a person requested asylum in the US, and violated confidentiality. Fortunately, these instances seem to be rare. Take care, Jason
Thanks, Jason, that article haunted me since last about 6-7 years. LOLzz 🙂
It is rare, but sometimes, they do an overseas investigation. They are supposed to maintain your confidentiality, but on rare occasions, they do not. Also, normally, they would do this before they decide the case. Maybe the asylum office had put in a request, and the embassy only got around to it now. I do not know if there is any meaning. You might want to get your cousin to write down all he remembers of the conversation, so at least you have a record of that if you ever need it. Take care, Jason
Hi Jason
I am fliing I-131 to obtain a RTD as an asylee, in the section 4 I have to explain the purpose of my travel, but I still do not know because it is just required by my job to travel with them and I need to apply soon because I am sure it will take a long time ( at least three months and certainly more now) . Do you have an idea what to mention if you still do not have a list of countries? can I explain that I need the RTD just for my job for potential travel abroad?
Hi,
You may write “Not determined yet” Furthermore, RTD validity is one year only, so apply accordingly.
I thought you did not need to give a reason for travel unless you are requesting Advance Parole, but if you do need a reason, you can just write that you will travel for work. You do not need to be very specific, and you are not bound by that statement when you ultimately do travel. Take care, Jason
Hi Jason
Thank you for the brief post. So what does it means about EAD renewal ? When someone can send renewal?
You can send a renewal up to 180 days before the old EAD expires. Take care, Jason
Dear mister jasson I have a concern . My asylumn interview is Happening soon . I suffer from a condition that when. I am nervios I start to dance like actual dance I have to stand and dance . I know this sounds amusin but this is my reality . Will this affect my interview with officer ? Thank you mister
Interesting. I doubt it will be a problem now, as you will likely have your own room and be doing the interview using MS Teams, so you will not be in the same room as the officer. Take care, Jason
Dear Jason
I am willing to apply for GC soon. One of the important eligibility requirements is to “maintain the we’ll profounded fear of prosecution”. As an asylee here, should I provide again a documentation proving that I am still deserving the status of asylee? Thank you !
We have never done that, and I think it is not needed. If USCIS challenges your asylum grant, you should be ready to respond, but that is pretty rare. Take care, Jason
Hi Jason,
I hope you are safe and sound.
I have to keep moving and therefore I keep changing my address and my lawyer keeps charging me $100 every time, which is very costly for me.
I did a bit of a research and realized that I can change my address myself. All I have to do is to fill out the AR11 form on line. I know I should change my address with asylum office directly too. How can I do that? is sending an email good enough?
My second question is once my interview gets scheduled, will my lawyer be notified as well? I am developing this phobia that i might miss my interview.
Thank you so much for your patience and help.
1 – We just file the AR-11 and that seems to work just fine. You can also email the asylum office if you want – you can find their email if you follow the link at right called Asylum Office Locator. 2 – You should both receive the interview notice. I did a post on January 23, 2019 that discusses how to see your case status online and how to get automatic notifications from USCIS. This should help avoid any issue with missing the interview notice. Take care, Jason
Dear Jason,
What a scary time! Trump is doing everything to block immigrants away from the country of freedom. Hopefully, after next January, the government policy towards immigrants will be smooth.
I submitted my asylum application on May 19th a month ago. I have not still received USCIS receipt. Is it normal to wait a month these days? I am a bit anxious.
Thank you for everything you are doing here.
Best,
Nem
They have been rejected many applications for small reasons (for example, forgetting to write “n/a” in a box on the form). There were long delays in getting the initial receipt, but at least for our cases sent to the Texas Service Center, things have gotten faster in the last month or so. If the package was received, you should be fine – even if they reject it, they will explain why and you can resent it (I wrote a post about that on November 20, 2019). Take care, Jason
Thanks jason, talking about the “N/A” answer, do we have to answer all empty or non applicable questions with that in the I-485 form or I-765, per example ” the interpreter part if we don’t use interpreter to fill out our applications” or the questions that we can skip and they don’t apply for our type of cases “.
Thanks,
We have not been writing N/A in those situation. I suppose it could not hurt to write that, but so far, we have not done so, and we have not had any issues. Take care, Jason
Thank you, Jason, do you think also we need to send out en evidence for our continuous residency since we have been granted Asylum, if so ( are internet bills sufficient to prove that, or the summary of our tax return for the last couple of years) ?
We do not normally do that, but it can’t hurt. Maybe just include a letter from your employer showing you were working the whole time. Tax documents might work as well. Or you can just write a letter stating that you resided continuously the whole time. Take care, Jason
Hi Jason,
Thank you for all you do for us here.
Can these draconian rules be changed at the end of this administration?
I guess asylum seekers will suffer for the daca loss.
Someone has got to be the scapegoat for campaign rallies.
Unfortunately, asylum seekers are always vulnerable.
The sign of a weak leader like trump is to always point canons towards the weakest and most vulnerable people in society. Trump is literally the dumbest person alive on this planet. How this buffoon got elected as the president of the most advanced and democratic country in the world is mind boggling at best.
Weak and pathetic human beings have a natural habit of directing their grudges towards less fortunate and vulnerable people. There are many Asylees and Asylum seekers in USA and most of them work in high skilled and essential professions, many of them have started businesses and jobs in their towns and cities, paid thousands of dollars every year to state and federal taxes but still they remain undesirable. This just defies common sense.
But somehow Trump is convinced that the only desirable immigrants are those of white skin and from European countries. These last 4 years, America has been a laughing stock of the world. Somehow fascists like Trump never learn from history. They tend to keep repeating the same horrible crimes over and over again. Even in this year and age Trump was successful in pandering to American people’s fears and basest desires. Give people a target and see how they turn into an unruly angry mob ready to persecute the most vulnerable in society.
The lives of Asylum seekers may get much more difficult in USA unless Trump is voted out in November. Unfortunately our only hope is that the American people will come to their senses and realize that America does not lack in any resources and does not need a racist, hatemonger like Trump for another 4 years.
What really astonishes me is that in the last 4 months the corona virus ravaged America and it’s economy and instead of trying to rebuild America and create a positive and progressive country, Trump’s only solution/Agenda for his election renewal is that he is going to start blocking Asylees and other immigrants.
My sincere advice to the American people is think deeply and profoundly. Blocking immigrants is not a universal solution to all your problems. Don’t fall in to the fascist traps of wicked leaders like Trump. This will not bring any relief for the American people.
All Americans who actively follow this forum, Kindly do the right thing and vote this A#SH#le trump out of office in November. Trump will only bring further misery and misfortune to America. You have already lost the respect of most of your allies in the world. Hopefully you can do the right thing this time.
Typically, the immigration laws/regulations get tougher and not easier, even when administrations change. However, many of these regulatory changes are really outrageous, and so if Trump loses, I would expect at least some of these bad rules to go away. Take care, Jason
Jason, that seems spot on. If you look at the rules and regulations in the last 30 years or so, immigration has always got tougher. People find it hard to believe but it was easier and faster to get a green card or asylum during bush time around 2005-06 than at the end of Obama term is 2015-16. I suspect that even if Biden wins, all of these regulations will not be reversed and more regulations will be added so it will be difficult in 2024 than today. The problem is because Democrats are perceived as immigrant friendly no one really pays close attention to their regulatory changes as much.
The rules may be getting tougher but they are not as ridiculous and inhumane as the ones just recently proposed by the Trump admin.
1–> Take a hypothetical example if somebody worked off the books just to survive in the first few months after arrival in the U.S until they received their EAD and did not file tax returns. Should their asylum case be denied, these new asylum proposals are comparing a person’s life against a few dollars. There is no limit to greed for money by this Trump admin. Asylee’s should not have to face persecution, torture and death in their home countries just because they failed to file tax returns in USA. This is just F##ked up on so many levels. Many Asylees left their homes, belongings and savings in their home countries when they fled. The rules should be humane enough to provide relief and respite to them. Asylees who do not have any friends or relatives in USA have to survive any way they can. The TAX filing rules should only apply to Asylees once they either become Permanent residents or U.S citizens until that time in my opinion they should be tax exempt.
2–>Also another hypothetical example, An asylee left his home country due to religious persecution from his home government and other fanatic groups. He passed through another neighboring country before arriving in USA. That neighboring country is a close ally and friend of his home country and it is certain that if he sought asylum in the neighboring country he would most definitely be deported back to his home country and killed. What would you suggest he do??????? Of course he is not going to seek asylum in the neighboring country.
Most of these rules against Asylum are really F##ked up but only Asylees who have gone through tremendous amount of persecution and torture will understand it.
3–>Also what the F##K are discretionary powers now being given to judges and Asylum officers, The whole Asylum law is based on evidence and reports and statements and testimony. If a judge or Asylum officer is a racist or just anti-immigrant (believe me many of them are) he will have the power under these new rules to just go ahead and ignore all the evidence and reports and just deny Asylum because he can. Why do laws even exist if the judges can just do away with asylum cases like that? Every Asylee has the right for due process in court of law? If a judge denies an asylum case without due process and a fair trial then is the worst type of violation of human rights.
If all the above does not make sense to anybody then we have some serious issues in American society.
1 – I agree, but remember that this is a discretionary issue, and so perhaps (hopefully), it will be possible to explain why the person did not pay taxes and the case would not be denied for this reason (though clearly, the intent seems to be to deny cases for this reason). 2 – Again, this can (hopefully) be explained and mitigated. 3 – Here, I think it is even worse than you suggest – My guess is that asylum officers and judges will be told how to exercise their discretion, and this will be done in a very harsh way. I guess it is still “discretion” and so maybe they can resist the directives from above, but many people will not do that, as it could lead to problems for them, such as harming their careers. Take care, Jason
I think that has been the trend so far, but these new regulations are pretty awful, and I would expect a Biden Administration to reverse many of them. Of course, we can’t be sure, and if there is some type of comprehensive immigration reform, that would involve compromises and we do not how those will look – maybe better for some and worse for others. Take care, Jason
Ooo wao jason did you saw ? It is truth at uscis they require money to work contuanlly !! Lets tell everyone for signing the change petition let us signed to have our. Cases worked ! Let’s us sign .. good thing this is important
There is a link to a petition above. You can also directly contact your Congress person – there are links at right to the House of Representatives and Senate. Take care, Jason
Hi Jason! I applied on asylum in 2014 in Florida! After two years i moved to Massachusetts. ( I never receive any letter for an interview) .I want to move to North Carolina next year because of work! How is going to affect my case? Thank you in advance
You have to change your address. Use form AR-11, available at http://www.uscis.gov. The case will move to the Arlington Asylum Office, which has jurisdiction over NC. Otherwise, there is not effect – the case is still pending. Take care, Jason
I would like to give you all some background on what is really going on. I work for the agency , of course I can not disclose my information but I will tell that we are headed towards collapse if no aid is provided . I myself have not taken the regular amount of cases I was used to, compared to previous admin. It has been known for a long time already that our agency’s financial shape is at its worst and this has built up for years . The new administration came in , covid happened as you can imagine things are not looking bright . We need the funding . Higher ups are shaking hands with those up there and laying out the situation . But the reality is that they do not want to provide bailout . Plain and simple. They could not care less about immigration. If it was up to them they would just stop all kinds of immigration proceeding and dissolve the agency. There is a lot of people here that actually Care for immigrants and not everyone is mean like we are portrayed, but we do need the funding. It must happen, otherwise our future is uncertain , and for applicants as well. Not everything is lost , and you all can push Congress. There is power in numbers. And please know that if you are delayed , it is not because we hate you . But , systematically we are overburdened . The numbers are insane and we try our best. Please push for funding . American workers are at stake and you all as well . Thank you.
Thank you for the information. We still need 50 signatures to reach 10 000.
May you please enlighten us as to why it takes so long to get final decision after recommended approval. What is the average time for people from non-banned countries.
I did a post on October 20, 2015 about post-interview delay, listing some reasons, but I think the most common reason is the security background check. Especially with a RA, as far as I know, that means that you meet the requirements for asylum, but the background check is not yet complete. Take care, Jason
Dear refugee applicant . I will tell you the truth as to why it might take so long to receive a final decision even if you already have a recommended approval. I believe in doing some good in this world and I will give you explanation . The reason depends on numerous factors . You see, after an applicant completes an interview or application it has to go through many layers. Delays sometimes can be background checks . But that is not always the case . Our environment is very disastrous in fact we have a high turnover rate. An officer that has your case could have just quit or was fired , and That’s a delay . An officer got sick , that’s a delay , the supervisor of that officer is out of town at a meeting in HQ , that’s a delay . An officer simply forgot about your case and left it in a pile , that’s a delay (forever maybe, that’s why some people wait perhaps year ) until someone finds your folder . Your documents got lost, that’s a delay and that happens often. The only way for you to get through the immigration system fast if you are delayed with decision is to constantly send letters to the Director of the office that has your case and show up in person and pressure them . You will not lose , but rather gain. And I tell you this because when you apply and when you have an interview we already have prediction based on data and notes on what must be the decision for you . So basically very little factors can change that . So if you sense that your case is delayed demand the DIRECTOR of office that owns your case for final decision because issuing one does not take more than 10 minutes . Always address DIRECTOR of office on the letter . Otherwise they will throw away the letter. All is systematic here and we have thousands of cases , but when our supervisors or directors of office tell us that they have an applicant constantly calling for final decision we have to attempt to issue it faster to avoid a mandamus or Anything of that sort . I hope that makes sense and good luck .
Thank you so much Anon11 for your kindness. Im so stressed and depressed with the waiting. Im seperated from family for 5 years. Including a son who was 2 years when I ran away.
Do you know if FBI is doing background checks in this pandemic.
Dear refugee applicant . That is heavy reason for issuing a final decision . Find the address of the office that has your case and send a letter addressed to DIRECTOR at least 3 times a month based on this information If no decision . don’t be afraid to demand your decision , like I said it doesn’t take more than 10 minutes to write . In fact it’s just a template we have systematically. All you do is press either decision and enter persons name , along with director signature and mail out It’s al systematic , it is nothing fancy or special . Again 50% of your decision was made when you applied and provided details and the last 50% during interview. You need to address the delay and contact the agency non stop until they mail it out . Good luck and I apologize but you are not the only one . Follow
My advise .
Thanks for coming here to q answer some of our questions.
Can you please clarify the following:
How is 50% of decision made when the application is received? What are the factors that are put into consideration?
If an applicant could not afford an attorney st the the time of application, but hires an attorney 3years down the line to properly apply the law to the case, does it mean that AOs will not consider the amended application?
Do you think this 50% pre-determination may be a factor in granting or declining expedite request?
I look forward to your response.
Thanks!
Thank you for this. It basically echoes what I heard from my friend at USCIS. I agree that contacting Congress is very important. Also, commenting on the proposed regulations. Thank you for the comment and I wish you (and all of us) good luck. Take care, Jason
Dear Anon11,
Thanks for coming here and informing the community. Not sure which division you work in, but my attorney told me last year that there are a bunch of new officers hired and an internal memo from Cucinelli that officers have to consider every case as a fraud unless proven otherwise (especially asylum cases) and these new officers tend to follow this guideline. This causes a lot of delays in green cards and citizenships if your case goes to one of the new officers. Is this true? I had a bad experience with my citizenship case with one such officer who delayed my case when I had no criminal record or any other issues. I sent several letters but nothing happened. Finally I had to cough up $1600 for a lawsuit and they naturalized me in 12 days. I’m concerned about my friends who may have to go through something like this.
There have been many new officers hired over the last few years, and so the overall asylum officer corp has grown significantly (despite the fact that there is also a high turnover rate), and my sense is that a fair number of the new officers have no particular interest in asylum or human rights. This contrasts to the officers who have been working there over the last few decades, who seem more interested in human rights. At least that is my impression. Also, USCIS has emphasized the problem of fraud and encouraged officers to focus on that and be suspicious of applicants. I do think there was a memo about this, but I do not remember the details. Take care, Jason
Hi Anon11, Thank you so much for providing some insights into the work at Asylum offices. Can you tell me is there any way to request to meet the Director of Asylum office or asylum officer or any other person at management level while we go to the asylum office for enquiry. each time I visit the Newark asylum office, I was handed down a printed standard reply form which basically says ” pending final decision” all the time. When I politely asked about the possibility to meet some to talk about it, the officer literally yelled at me saying I am not entitled to ask for anything. Thanks again!
I have only ever heard of very rare occasions where the director would speak to an applicant. It is sometimes possible to talk to a supervisor if there is an issue with the case. That may be easier if you have a lawyer to reach out for you, but you can try as well. Maybe Anon11 will reply with some advice on that point, but even as a lawyer, I am rarely in contact with a supervisor or the director over one of my cases. Take care, Jason
Dear jason i have a concern
Last year someone by backing up hit my car and police came n said its no one faults everyone should contact their own insurance.
Today after one year one of the passengers filed a law suit against my insurance as bodily injury – i have a pending decision from Arlington.
Do you think it would not affect my asylum status.
My insurance company already denied their claim last year and today one of the claim specialist said we still stand with out denial.
Im abit worried what’s gonna happen?
Although i talked with my insurance agent he said we will be dealing with them you dont have to worry !
I do not see how this would affect an asylum case. I have never heard of such a thing. Maybe keep all the documents in case you ever need them, but I highly doubt this will create an issue for you. Take care, Jason
Jason any news on Congress and USCIS finding? We need to push for that . They are not saying that on their website obviously , but without funding this summer furloughs are inevitable meaning delays and more years of waiting . Please make a post on how immigrants can push congress to aid USCIS.
This is true . My boyfriends mother works for them . They are starting to cut hours, and that seems to be just the beginning. What happens is that the government is not really trying to pay them much attention , in other words letting them crumble because they hate anything immigration related and not give them the bailout. I advise people to contact their congresspeople and send letters. This is real .
I have not heard much more on this yet, but I will try to publish something about contacting your Congress people. Take care, Jason
USCIS is going to announce the final rule that removes the 30 day EAD issuance requirement in couple of days. It will be effective mid August. There are news going around that they might announce the final rule that restricts the EAD eligibility for a great number of people and those who are eligible won’t be able to apply for an EAD until 1 year later. They always complain that asylum seekers come here for the welfare and then they turn around and try to take peoples ability to work, thus forcing everyone to live off the mercy of charities. I hope someone sues and blocks these casually cruel policies.
I just posted an update above about this above. It took them 152 pages to justify this stupid rule. Yet another disgrace, but we are very used to this behavior. The rule will be officially published next week, but you can see it following the link above. Take care, Jason
Waiting for asylum interview since 2016 , my EAD renewal comes up next year . Jason do you think the new rules proposed will deny or delay my EAD renewal
Hopefully, they will be blocked by a court and not go into effect. Also, even if they do go into effect, we do not know when that will be. You can apply up to 180 days before your old card expires, and – depending how the changes are implemented – maybe you can avoid a problem by applying early (you will have to see what the situation is when you are ready to apply). Also, if you filed for asylum within one year of entering the US, you should not have a problem. Take care, Jason
Hello Jason and patrons,
I want to share some good news, I was accepted into Swarthmore College as a transfer student and I will be majoring in political science with the intention to go to law school. Also, I filed my green card application this week. I just wanted to share some good news amidst too much uncertainty. Swarthmore is my dream college and I am excited, also they gave me a full ride.
Good luck to all of you.
Congratulations – it is a great school, and not far from my home town. Thank you for sharing, Jason
Hello Jason,
I’m filing my AOS within few days from now, my parents are green card holders and they usually go back and forth between our home country and US every six month and they have been maintaining the naturalization requirement of stays, unfortunately this year they are going to break the requirement as they stuck back home due to the pandemic, my question while filling up my AOS there is a question for the current place of my parent residency ( and I’m not sure how to answer this question ).
I am not sure either – I also do not know that it much matters for purposes of your case. Maybe you want to say there residency is the US, but on the supplement page, you can note that they are in their country and have not been able to return due to the pandemic. Take care, Jason
Hi Jason
I came to US legally but filed my asylum after 1 year in the country and I was out of status when I filed in 2015. I however somehow got an interview and completed it early last year with no decision yet. My interview had 2 parts which was told to me apparently that first part was to overcome the one year bar and then the second one for the actual asylum claim.
My question here is will I still end up being in the 1 year bar for EAD and also for decision on my case if the rules are implemented? I was hoping that I overcame the 1 year bar and hence had the second part of the interview. Would this still be considered while renewing my EAD and also the decision of my asylum?
Also, my EAD is valid until next year and I currently have a job. If the EAD rules apply would it apply immediately? Please advise as this is getting really stressful. Feels like I am sliding into depression due to the tension. In these trying times I am looking for some hope.
Until the rules on the EAD are actually issued, there is no way to answer these questions. In terms of the case, the regulations and discretionary factors could be applied to you if no decision is made, but that would likely require another interview. Also, although the regs are written in such a way as to apply to everyone, we do not know for sure whether they will be applied to people who have already been interviewed. In short, we don’t have enough info to know for sure how/if you will be effected. You may want to email the asylum office to inquire about your case, as these issues would likely be eliminated if you (hopefully) get a positive decision in your case. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank You for your response Jason.
I did reach out to the asylum office on multiple occasions but the only response I get is its pending Final Decision. I recently reached out to my congressman but haven’t received a response from them yet. I know mandamus suit is an option but not sure I want to go that route yet.
I am not sure what to do if my EAD is taken away. My wife, my 2 little kids and myself will be out of a home and starve to death without work. We were trying to escape harm in our country and now seems like we are ending in the same here too. Sorry for venting out my frustration.
You have good reason to be frustrated. I do have some hope that the worst intentions of the Administration will be blocked, at least for a while. If he wins a second term, the harm will obviously be much worse. Take care, Jason
And is there anyway we as asylum seekers could do to prevent him from being elected again ?
You cannot vote, but you can volunteer to help in the election. In the posting I did on June 9, 2020, I provided some ideas and links. Take care, Jason
Hi jason do asylee has to go through interview for green card i applied my i485 at texasservice center and now my case has been transfer to national benefit center it is normal or they will call for interview I heard they transfer case to national benefit center for interview
It used to be that the principal asylee was generally not interviewed for a GC. A year or two ago, USCIS announced that all GC applicants would be interviewed. Since then, some principal asylees have been interviewed and others have not. So maybe you will get an interview. I do not know how they choose – at least with my clients, it seems completely random and nonsensical, like most other things they do. Take care, Jason
Thank you for your response . Do i have to proved my asylee eligibility again in interview or its just about i485 lots of my friends get their green card without interview so i am worried
They could ask about the asylum case, so you should re-familarize yourself with the case, but typically that does not happen and the interview is very short (reviewing the I-485 form). Take care, Jason
Hi Jason,
Thank you for what you are doing here.
Do you think the legal status exception will apply to the work permit restriction?
Meaning, if a person held legal status right up until they filed for asylum, would they also be excluded from getting a work permit?
Thanks.
We don’t know, and we will have to wait for the regulations to see how they are written. If they do not, there could be a decent basis to challenge the rule (under the Administrative Procedures Act – the same act that caused the Trump Administration to lose the DACA case this morning). I will try to post an update once we know more. Take care, Jason
Hi Jason
Thank you very much for your engagement in helping us.
I need to know what if the affidavits are translated in my home country by an authorized translator? This translator is also a witness in my case and wrote affidavit too. Will these translations be accepted?
Do the newspaper articles have to be translated by an authorized translator or they can be submitted in English without having it signed by an authorized translator.
And do I need to fill out any other form in order to submit additional evidence?
Thank you,
You can use a translator anywhere. However, you need a certificate of translation to make it official. For all translations, including newspapers, you need a copy of the original, the translation, and a certificate of translation. I did a post discussing this and (if I remember correctly) providing a link to a sample certificate of translation on August 24, 2017 – maybe that would help. Take care, Jason
Thank you Jason for your all answers and articles. As we know one year bar is something that significantly reduces the chances of winning case. If I maintained my lawful status when I apply asylum (even until now), is this still one of the exemptions? Is OPT grace period after EAD card expiration date considered as I am still in F-1 status? I am called for interview during my 60days grace period. How likely they would withdraw my case not sending to the court if they deny my case during grace period?
Maintaining lawful status is an exception to the one-year bar. However, if the new rules are implemented, filing after one year may still be considered as a negative discretionary factor (at least that is how I read this). In this case, you would not be blocked, but the case could still possibly be denied as a matter of discretion for filing “late”. As for OPT, they seem to accept that as “in status” for purpose of an exception to the one-year bar. However, it is not necessarily so, unless you have OPT-qualifying employment during that period. Once you file the case, and assuming you are within the year or meet an exception, it does not matter when the interview would be, but if you are denied after your status has ended, they will send you to court. If they believe you are still in status, they would issue a Notice of Intent to Deny, and if you could not overcome that, they would deny the case and you would just continue here based on whatever status you have (and you are expected to leave when that status expires). Take care, Jason
Hi Jason,
I went through the proposed rule, and as far as I can tell the one year discretionary denial that they have proposed only relates to individuals who are unlawfully present or have a final order of removal issued. The modifications are as follows:
1208.13(d)(2i)(D): Accrued more than one year of unlawful presence in the United States prior to filing an application for asylum
1208.13(d)(2i)(I): Was subject to a final order of removal, deportation, or exclusion and did not file a motion to reopen to seek asylum based on changed country conditions within one year of the changes in country conditions.
Based on these, it does not seem like people in lawful status will be adversely effected. Please share your thoughts.
Thanks
I should have looked more closely at that – I agree that the new reg refers to more than one year of “unlawful presence” and so a person who was lawfully here for 1+ years before filing (and who thus meets an exception to the one-year rule) is not subject to the significant negative discretionary factor. That is good to know. Thank you, Jason
apparently they have released the hold and are processing GC again?
https://www.rollcall.com/2020/06/17/immigration-agency-resumes-processing-u-s-based-green-cards/
Hopefully, but who knows. There are too many rumors and USCIS is clearly a mess. We will see whether the agency is saved or whether most employees are furloughed. Take care, Jason
Asylum seekers and Asylees , permanent residents …. THE FIGHT IS NOT OVER please ! Sign the petition and contact your congressmen . The news that I have got from a reliable source is that the admin wants to distract coverage from the possible collapse of USCIS and possible furlough , in other words they don’t intend to pass legislation unless we make noise .. USCIS needs the money and has asked for it to continue operations so we all
Can get our documents . Please sign https://www.change.org/p/mitch-mcconnell-demand-congress-fund-u-s-citizenship-and-immigration-services?source_location=topic_page Let’s help
USCIS continue its constitutional
Mission .