As you probably know, the Trump Administration recently proposed regulations to make it much more difficult to obtain asylum in the United States. That’s the bad news. The good news is that there is something you can do to try to reduce the damage: Submit a comment opposing the regulation. Submitting a comment is easy, free, and safe, even for people with no lawful status in the U.S. You can do it from the comfort of your own home. Right now. And best of all, it really can help. Here, we’ll talk about how to submit an effective comment.
Before we get to that, let’s talk a bit about the proposed regulation, which you can see here. The purpose of this regulation (and every regulation) is to interpret the law, as created by Congress. Regulations are created by government agencies (in our case, by the Department of Justice, Executive Office for Immigration Review) because agencies have specialized knowledge about how to implement (or in our case, subvert) the law. The regulations cannot violate the law or they will be invalidated by courts. Also, regulations cannot be “arbitrary and capricious,” meaning the agency must provide a rational reason for the regulation. While there is a lot of bad stuff in the proposed regulation, I wanted to focus here on the points that people might be most interested to comment about–
- The definition of “particular social group” is narrowed, so that it is more difficult to get asylum if you fear harm from gang members or criminals, or based on domestic violence or an interpersonal dispute
- The definition of “political opinion” is narrowed to exclude people who have a generalized opposition to criminals or terrorists
- The level of harm required to demonstrate “persecution” is increased, and so asylum applicants will need to show a “severe level of harm”
- The categories of people eligible for asylum are reduced, and people who fear persecution on account of “gender” are excluded from asylum
- The new rule encourages decision-makers to deny otherwise-eligible applicants based on “discretion” and lists several “significant adverse discretionary factors,” including–
- unlawful entry into the U.S. or use of fraudulent documents
- the failure to seek protection in any third country the alien “transited” through, unless that country denied protection to the alien, the alien was a victim of human trafficking or the country was not a party to the Refugee Convention of 1951, the Protocol of 1967 or the United Nations Convention Against Torture
- remained unlawfully in the U.S. for more than one year before seeking asylum
- failed to file or pay taxes, if required
- failed to report income to the IRS (i.e., worked without authorization and did not pay tax – this one will be a particular problem if the plan to delay and deny work permits for asylum seekers goes into effect)
- Otherwise-eligible applicants will be denied asylum as a matter of discretion where they spent more than 14 days in a third country before coming to the U.S. or where they transited through more than one third country before coming to the U.S. (there are some exceptions to this rule, similar to those listed for the prior bullet point about “transit” through a third country)
- Applicants will be denied asylum where they “either resided or could have resided in any permanent legal immigration status or any non-permanent, potentially indefinitely renewable legal immigration status… in a country through which the alien transited prior to arriving in or entering the United States, regardless of whether the alien applied for or was offered such status”
- Torture Convention relief is not available where the torturer is a “rogue” official
- Finally, it is not clear, but as the regulations are written, they could be applied to people who already have asylum cases pending. Obviously, this would be unfair, as it would punish applicants for choices they made years ago (if the rules are applied retroactively, they might very well be blocked by a legal challenge)
If there are things here you don’t like, you can comment about them. How to do that?
First, go to this web page, where the proposed regulations are posted. If you look in the upper right part of the page, you will see a dark blue box that says “Comment Now!” Click on that, and you will be taken to a page where you can type your comment. If you want to be fancy, you can even attach files to your comment. You also have to type a name. You can type your own name, but you can also write “anonymous.” The name you type will be included when the comment is posted publicly. There is an option to include your contact information, but this information will not be displayed publicly. Once you are done, check the box indicating that you “read and understand” your statement and hit “Submit Comment.” That’s it. Easy peasy.
While you are on the regulation web page, you can look to see what other people wrote (on the right side of the page). When I last checked, there were more than 1,300 comments.
What should you say?
It is best to write an individualized statement, rather than use a pre-made template. If you are an asylum applicant, maybe think about any parts of the new regulation that might harm you and explain how you will be harmed. You might also write about why you chose to seek asylum in the U.S. (if, indeed, you had a choice) and what is your impression of the U.S. asylum system. Remember, as an asylum applicant, you have something important to say and your voice should be part of this conversation. One important point: All comments must be submitted prior to 11:59 PM Eastern time on July 15, 2020. Also, if you post a comment, and you don’t mind, please copy and paste what you write into the comments section of this blog (below).
If you’d like some additional advice about what to write, check out these postings by Tahirih Justice Center and the American Immigration Lawyers Association (AILA), or just read the comments already posted on the regulation. The federal government also provides general, but helpful, advice about writing a comment.
Finally, you might ask, Does posting a comment matter?
Apparently, it does. According to AILA, “The administration will review and address those comments before the rule becomes finalized, so it is critical for us to submit as many unique comments as possible.” More comments = a longer review process. This will buy more time before these draconian new rules are implemented. Also, the “government gives more weight to each comment if it is unique from others,” and so it is important to personalize your submission.
Since its inception, the Trump Administration has been waging war against the rule of law in our country. Immigrants and asylum seekers have always been the first target in this war, but they are far from the only target. In this particular battle, asylum seekers have a crucial role to play, and so I hope you will consider making a comment in opposition to the proposed regulations. Together, we can protect our asylum system and our country.
Hi Jason . I have approved asylum and have just submitted my i485. My questions are: should I have submitted for renewal of EAD at the same time ? Can I apply for EAD renewal now even though it is not 180 days to its expiration date yet? And are they going to waive the fee for me? I read posts about applying for EAD with green card application and I don’t understand how is that possible when it is more than 180 days till the expiration of my EAD.
Thanks
You cannot renew if it is 180 days or more before your old EAD expires. We used to use the fee receipt in lieu of payment for the EAD renewal, but last time we did that, USCIS rejected it. Since then, we have not tried it again. Some comments on this blog state that people did successfully use the fee receipt from the I-485 to “pay” for their a-5 EAD renewal, but I do not know whether that would work. I am still recommending that people just pay the fee. But its up to you. Also, you can try to get a fee waiver for the EAD (or for the I-485) using form I-912, available at http://www.uscis.gov. Take care, Jason
Jason,
A friend of mine has got his asylum granted 5 years a go since then he never renew or need to have an EAD, his ID and unrestricted SSN together is considered him eligible to work. What do you think?
Sambod
As an asylee, he is eligible to work. The problem is that many employers and DMVs do not understand this, and so it is easier to have the EAD. Also, your friend would probably be wise to apply for a green card, as that is a more stable status (and leads to US citizemship). Take care, Jason
Jason has already replied to your question, but I just wanted to let you know that as an approved asylee you do NOT need an EAD to work. You can get an unrestricted SSN card and drivers license and use that as I-9 List B and C documents. You can also use RTD (if you have it) as List A document to prove both identity and work authorization. I have a GC based on asylum and I have never presented it for employment as I always use SSN card and DL. It is illegal for an employer to specifically demand a certain document for I-9. I never renewed my EAD as it was pointless to pay a big fee for it. Also asylees have unlimited work authorization (no end date). If you use EAD instead of SSN & DL, the employer will put the end date of the EAD as your last day of authorized employment which implies that you will have to re-prove your work authorization.
I was believing that but the truth is not that. After being approved for asylum, i went to social to change my ssn to unrestricted one bec the one i have said restricted to work and they refused, they said, they wonot change it to me until i get my green card and the uscis sent me an ead with two year expiration date and the driver license is valid consequently for two years too snd when i tried using the asylum approval to renew my driver license, they said that this is gonna make it valid for one year only so it is better if i use the ead bec it is two years and i did use it to make the license valid for two uears instead of one. The problem is if the ead expired before receiving the green card shall i renew it. I donot want to do that bec the fees is pretty expensive. I have heard that lately the green card processing takes longer than one year
This is a case of the SSA employee not knowing the rules. I had a similar situation and was refused. In fact I did not even have an EAD or I-94 just an order from the immigration judge. I carried a printout from the SSA website showing that I am qualified for unrestricted SSN. Wen refused, I asked for a supervisor and he approved me. I suggest that everyone who has this issue take the printout from the link below and ask for supervisor if refused.
https://secure.ssa.gov/poms.nsf/lnx/0110211205
C. Employment authorization for asylees
Treat SSN applicants who submit evidence of asylee status as permanent resident aliens with permanent employment authorization. The Social Security Administration (SSA) issues asylees unrestricted SSN cards (cards without a legend).
Thank you so much for your responses. I agree with you regarding EAD not being important for employment as long as you have unrestricted SSN and DL. My issue is mainly the DL.Because as mentioned above it is linked to the EAD expiration date which was 2 years. SO I am concerned that if the Green Card takes more than 1 year to arrive then the DL and EAD are expired . How am I going to renew the without an unexpired EAD. I don’t know if anyone had this issue before and how they renewed their DL. Let me know thanks.
I think it depends on the DMV. If they do not want to do it, ask for a supervisor, but I think you are better off getting the EAD. You can apply with the fee waiver – maybe that would work. Take care, Jason
W, I agree with you. You shouldn’t simply walk away and fork up $410 for something you don’t need. Not everyone can afford this. Some people also don’t have the time to apply for a fee waiver. Some people can’t afford to pay for the EAD but their fee waiver application may be denied still.
The rule and policy is that people who are granted asylum do not need an EAD- even the asylum approval letter says it expressly. The INA says the Attorney General must grant work authorization to asylees. The DMV also says that asylees should be treated like PRs. Imagine you show up at a store to purchase something/airport to board a flight and they are telling you something completely different from what is on their website, or something you know is unlawful. You shouldn’t just accept the “denial”; you should challenge it and point out their incompetence.
One more thing I forgot to mention. If you do not have a driver’s license or unable to get one, you can use your Passport (of your home country) along with an I-94 record that shows asylum granted/employment authorized as a List A document. If you have a picture on the I-94, you do not even need the passport, as it automatically becomes a List A document. USCIS automatically sends I-94 if you are approved by the asylum office. If you are approved by the immigration judge, take your I-94 ALONG with your picture and schedule an infopass appointment. They will issue you an I-94 with your picture on it which becomes a list A document and also proof of your status! This is extremely important for people who have no ID/passport and are waiting for EAD. I just want to let fellow asylees to know that your status itself qualifies you to work and you do not need to wait for months to get EAD. We all know how slow USCIS is.
An asylee is eligible to work without an EAD, but many employers do not recognize that. In terms of renewing the EAD, if the fee is the main issue, you can request a fee waiver, using form I-912, available at http://www.uscis.gov. Take care, Jason
Hello Jason. Thank you for the clarification. My main issue is the DL. When I received my GC and a5 EAD. The EAD was for 2 years and the DL was the same. SO I am concerned if the GC takes one more than 1 year to arrive. And then EAD takes time to come back , would I be able to obtain a DL without the EAD? And in case my DL expires , would I be able to use the unexpired DL and unrestricted SSN as proof of work authorization. Or can I use my expired home country’s passport as photo ID with my unrestricted SSN for that?
Thanks
Hi Jason and AK,
Obviously Jason is the expert here, but my 2 cents. In many situations people have incomes which cannot qualify for waivers but still aren’t enough. The first EAD is obviously free for everyone and is valid for 2 years (at least used to be in the past). Its the future EADs that are a problem due to payment and processing times. So the 2 things why EADs are needed:
1. Employment: Can use unrestricted SSN (see my post above) and Passport/Drivers license or Passport and I-94 stamped asylum granted/employment authorized. If employers are not aware of this like Jason said, I think it is clearly written in the I-94 instructions about what documents are acceptable. Also it is clearly written that employers cannot demand a specific document. If the HR person demands this, the job applicant should show them the I-94 instructions and gently remind them that EAD is not needed. If they disagree ask for a supervisor. Refusal to hire on that basis is a violation of labor laws.
2. About Driver license, Im not sure which state “AK” is from but most states will treat asylees and refugees as PR. Check the first time drivers license requirements for your state. For example here is South Carolina, an immigrant non-friendly state. It clearly gives the option of I-94 stamped Asylee or EAD. If they disagree ask for a supervisor. We still have rights in this country. It always helps to do research before and take a print out.
http://scdmvonline.com/-/media/Forms/MV-94.ashx?la=en&hash=83BFCC95593733161924174601A2B4C377E89055
I think you make an important point, in that you should not be required to have (and pay for) an EAD that you do not need. On the other hand, people really should be filing for the green card once they are eligible, and so there should not be a long period of time between the expiration of the first a-5 EAD and the GC (though with increasing delays, the gap is probably getting bigger). Take care, Jason
POSTED BY ASYLUM OFFICER >>>>>
https://actionnetwork.org/letters/tell-congress-to-halt-uscis-furloughs?source=email&
EVERYONE SIGN
https://actionnetwork.org/letters/tell-congress-to-halt-uscis-furloughs?source=email&
DIRECT LINK BY ASYLUM OFFICER TO TELL CONGRESS TO STOP FURLOUGHS . THIS GETS SENT AUTOMATICALLY TO CONGRESSPEOPLE. MAKE POST ASAP AND TELL EVERYONE TO SIGN, THIS SAVES TIME OF WRITING A LETTER , LINK POSTED BY USCIS EMPLOYEE >>>>>>>>>>
https://actionnetwork.org/letters/tell-congress-to-halt-uscis-furloughs?source=email
https://actionnetwork.org/letters/tell-congress-to-halt-uscis-furloughs?source=email&
https://actionnetwork.org/letters/tell-congress-to-halt-uscis-furloughs?source=email&
https://actionnetwork.org/letters/tell-congress-to-halt-uscis-furloughs?source=email&
This is from a former asylum officer there is a petition link that automatically generates letters to congresspeople without having to fully write one . Please make a post as soon as you can . Here it is
https://twitter.com/allyngirl/status/1275533747094523907?s=21
Sorry for spamming but I think this is a national emergency that affects all collectively
Also, it may be the same petition (I do not remember), but I did a post (last updated on June 19, 2020) with a link and some info about the impending USCIS furloughs. Take care, Jason
Read this link Jason https://twitter.com/allyngirl/status/1275533093080883203?s=21
Workers receiving their furloughs overnight . This is a emergency please make a post based on this and this only . USCIS is asylum and everything else. Congress needs to do something , thank you . By informing your readers they’ll be aware and perhaps contact their congresspeople
If you go on twitter there are USCIS workers stating that they already received their furlough notices via email , this is going to collapse the system more than ever . I can’t imagine if now asylum takes 5 years to get processed after this it’ll be probably be two decades . Jason what are the options for us if uscis stops all operations ?
Yolanda,
You know what we should be signing, we should be signing for congress to pass a bill to grant amnesty to the hundreds of thousands of people in asylum backlog for 5 years+, overhaul the immigration system, fund USCIS,start over and stop playing with peoples lives.
With these new proposed rules, I could care less if USCIS shuts down completely!
We are emotionally, and psychologically exhausted! We are tired of being political pawns!
It is a shame that people can come into this great country and purchase citizenship, while the vulnerable people who work so hard are political pawns.
If I arranged a sham marriage when I came in here seeking protection, I would be applying for citizenship by now.
They can close USCIS down for all I care!
Let them know we will be happy to work 4 jobs to pay for asylum premium processing if funding is really the problem.
Out of the over 300,000 people in the backlog, if 1/3 pay $1500 for premium processing, gues how much?
I understand your pain and I am so sorry you are stuck just like many of us , but without uscis working you can guarantee we will be stuck for longer than 5 years perhaps decades . More common sense please .
Common sense is not common(so I may not have it), but I careless about furloughs.
Hi Yolanda,
I just used the link to send the letter to my congressman and senator here in Arizona. I know people are frustrated and exhausted and depressed. Believe me nobody is more frustrated and depressed than me, My case has been pending with LA asylum office for 4 and half years now, no interview scheduled yet. But I understand your point, USCIS is in trouble now and I would rather take my chances with the current administration in USCIS than with any new administration. There is no promise that USCIS will get any better after furloughs, I will take my chances with the system that i know about than with the new system that i do not know about. There is no guarantee that the new administration will be any better than the current one. The current USCIS administration has failed in many ways but they were also overwhelmed by huge caseload so I don’t blame them much. The current administration in USCIS is not perfect but I would rather take my chances with them than without them.
Last time I applied for a renewal of my EAD, it took USCIS 5 and a half months to send me the new EAD. If the workforce decreases by 70% then only GOD knows how long they might take. Nothing good will come out if USCIS furloughs 70% of it’s employees, Asylees will only see more frustration and delay in the processing of their Asylum cases and EADs……
I would only point out that the Trump Administration has been attacking asylum seekers in a way that we have not seen before. A Biden Administration would certainly be better than what we have. Take care, Jason
Your post illustrates the split within the immigration advocacy community. Some people want to fund USCIS to keep the agency alive. Others think there is no reason to do that, given how USCIS has been behaving lately. I tend to be more in the former group, but I certainly get the point of not funding the agency. I just think that we are better off having the agency survive and continue to process cases, rather than face so much damage. Of course, since the agency is so focused on enforcement (not really its job) to the detriment of issuing benefits (Which is its job), maybe it should not be funded. I am not sure. Take care, Jason
Amnesty! Amnesty! Amnesty!
We were here enough to earn people’s trust. We have adopted to new culture. We have a kids here, who will be in trouble in ours homeland. We have a jobs. We are loving this country as our homeland. We want to protect this country.
Why would we need to be aliens here?
It is not yet clear whether asylum officers will be impacted by the furloughs (my friend at USCIS seemed to think they would not be affected, but that was a couple weeks ago, and things may have changed). If operations stop, I do not know what to do. People should be able to continue renewing the EAD (as there is no indication that USCIS will stop all work – they will still have maybe 30% of their workforce) and hopefully, we will get a better Administration in office that is less hostile and more competent. Anyway, I think we will have to cross that bridge when – and if – we reach it. Take care, Jason
Part of my points above.
The administration wants to drive USCIS to the ground to halt immigration. Have they finally officially requested a bail out from congress, even though they claim to have run out of funds, and need a bail out?
When congress bails them out, you think they want to suddenly do what?
For all I care, let them furlough, and hopefully, there will be a new administration who may understand that we are humans, and treat us as such.
Maybe workers at USCIS will then use their votes wisely to avoid future furloughs and hardship to them, and their families by an anti immigrant administration.
I honestly could careless about furloughs.
I see your point – and many immigration advocates agree with you. For me, on balance, I think funding the agency is the better approach, but it is a close call. Take care, Jason
I’m in the same boat Tina, but I agree with Jason, I don’t think furloughs will help my situation in any way. There is also a good number of USCIS employees who are committed to their oaths of office and I would hate to see them go too. The administration wants to shut down USCIS as a way of hurting asylum seekers. They have the money. They gave $1.2B stimulus to dead people, ironically that the same amount USCIS is asking for. From that view point, supporting furloughs is aiding them achieve that goal. To our own demise.
I hope Congress will tie the loan with a condition that USCIS do their job without any acts of political expediency.
@Jason and David, Your angles make more sense than mine, I admit.
I am probably speaking out of frustration, and exhaustion.
I am still indifferent to furloughs.
Quick question Jason,
I am hoping to comment this weekend.
Will these comments stop the rules from going into effect, or just establish public opposition to the rules?
At this point, I have run out of the emotional strength for this asylum process.
The administration will come up with 2 more, and a third one possibly.
The comments will not stop the new rule. However, USCIS has to respond to them before implementing the rule, and this could delay it. Also, there will be legal challenges to the rule, and un-answered comments could help form the basis for a legal challenge. In short, comments help. Given the incessant assault on asylum seekers, I do not blame you for feeling that way. Commenting and volunteering to help change this Administration are two things you can do to at least take some control over the situation. Also, I did a post on January 9, 2018 about the long waits that might be of interest. Take care, Jason
I know Tina. Everyone is frustrated and emotions take over. What guided my preference is the Administration’s intention in shutting USCIS. Why would they opt to spend $1.2B to cushion dead people from financial stress of the lockdown, and $0 to USCIS. That maths says a lot.
@Tina I can relate to your frustration. I have been waiting for an interview for the past 5 years. I am mentally drained as well. The only thing that keeps me going is my education. I draw strength from it and from God’s word. I would like to encourage you not to give up hope.
I fee your frustration. You are not alone.
Hi Jason,
I am planning on applying for adjustment of status as an asylee. I have been arrested by my government but do not have any arrest records – I have already have mentioned this in my application for asylum.
I plan on checking the box where the I-485 form asks if I have ever been arrested. I wanted to ask if I need to fill out Form I-602 along with my application?
Thank you
Hi AAR3 and jason,
I submitted my I-485 yesterday and i had you same situation when i was arrested by the government due to political reasons as detailed in my asylum application, so i answered question number 25 no and i circled it and wrote small comment to check part 14 where i explained that” i wasn’t arrested for a crime but i was detained by the government back home due to political reasons as detailed in my approved asylum application ” , i didn’t attach any other form, do you think that cause any issue ( the was i answered this question )?
Regards,
I checked yes but put an explanation at the end as you did. Also no documentation attached – if I had tried to get them, I would have put at risk my own and my family’s safety.
I’m not sure if answering this question yes or no as long you explicitly explained that in part 14, I’m not sure if you agree with me Jason ?
I agree – as long as you explain, a question like this should not be a problem. Take care, Jason
I think it does not matter whether you check yes or no (both are arguably correct), as long as you provide an explanation. In that way, USCIS cannot accuse you of trying to hide your arrest, and you should be fine. Take care, Jason
I think this is fine, and I do not think you will need any other form. Take care, Jason
I suppose USCIS could ask you to complete the I-602, but that has never happened for any of my cases, and we have done plenty of adjustments where the person was arrested back home for political reasons. So I highly doubt you will need an I-602. You should explain in your application that your arrest was political and was discussed in your asylum case. Take care, Jason
I wanted to write this long comment first but realized it has a character limit so I edited and submitted a shorter version, however, I want to show what I had in mind originally.
Dear Attorney General Barr, Director McHenry, Assistant Director Reid, Acting Secretary Wolf, Senior Official Mizelle, Senior Official Cuccinelli, Division Chief Dunn, and Administrator Ray:
I am a 20 something-year-old woman, a spouse of an asylum seeker, an asylum seeker myself by law. We are both seeking protection on the same grounds from the same Eastern European country. We are seeking asylum on the grounds of “particular social group” namely being in the LGBT community, so these above-mentioned new rules would very well apply to us and ruin everything we worked so hard to overcome and achieve. We came to the US 8-9 years ago, respectively. We met here, and soon got married. We applied for asylum very soon after our wedding but not within a year, or later mentioned, not within 90 days. We are both women. We are not tolerated in our country of origin. You might hear Europe and start thinking about Germany and other western nations, while in reality our kind is strongly discriminated against and constitutionally banned from having a “normal” life in our country of origin. The government clearly states in the constitution that same-sex marriages are prohibited and we can’t have anything other than “registered cohabitation” which is a travesty and clearly states that we are not the same as their “normal citizens” therefore we are not allowed to live our lives the same way as others. We are not allowed to adopt co-jointly, enjoy the benefits of married life, or otherwise lead a productive lifestyle and be treated equally.
We transited through European countries before we arrived in the US, one of us even went back and forth before gained enough strength to sever all ties, burn bridges, and make the final move.
Because of Schengen, we don’t have borders in European Union. We might as well were able to seek asylum in another European country and risk being targeted as nobody would stop angry family members or nationals from our country to cross the borders and harass us. So we made a final decision to move to a country that does not have any political ties with our country of origin. In Europe, the only countries that are not in the union or otherwise politically entangled with our home country are even worse for us LGBT individuals.
I submit this comment to express my deep opposition against the above-referenced Notice of Proposed Rulemaking (NPRM).
Only because some people made mistakes on their applications or were unable to express themselves correctly, they should NOT be denied a chance for a fair hearing, or at least a chance to correct themselves. People also should not be denied solely based on not being able to apply for asylum within a year.
I know from my own experience that I came here when I was just 20 years old, I did not know anyone, and naturally, I could only find help within my community for housing and work. That community means people from my home country that are the exact same people I was running away from. I had to hide my identity for a little longer before I could get back on my feet and move away to somewhere where I felt safe. For not just a year, but almost 3 years, I did not even know what asylum was as I was oppressed by my own community members and I was afraid of law enforcement and government figures. In our case, it is even worse because we are coming from a European country on the visa waiver program, that we are not entitled to have an asylum hearing and was referred to immigration court, which we realized on the day of our asylum hearing. Our attorney did not even know about this. That whoever comes on VWP should apply for asylum within 3 months as the program allows travelers to stay for a maximum of 90 days. This little rule is mentioned somewhere in the asylum law hidden from the naked eye.
In 90 days we did not even know if we want to stay here or if it is safe to stay here. How can lawmakers expect asylum seekers that are alone and scared to know how to file for asylum? To expect asylum seekers to be law experts with perfect English and know what words to use, how to form their opinions, and in general to show their “well-founded fear of prosecution”? Some of us do not even have the means to afford legal counsel. I consider myself lucky and privileged to be able to hire an attorney that can guide us.
People are not robots, we are humans. We make human mistakes, errors of judgment, and most of all, we are heavily traumatized by government members, by our peers, sometimes even by our own families. We need to be treated with patience and dignity.
There are many misconceptions about asylum seekers and immigrants in general, the most famous is that we are going to be a burden to the US. Not true. I work tirelessly day and night in the medical field while I’m also enrolled in nursing school paying tuition out of pocket, as I am not eligible for federal aid or any government benefits. Most of the scholarships also require permanent residency, that I still don’t have, therefore I’m not eligible for any of that either.
We don’t have kids, although we want them, we are not in a secure position right now to start a lengthy adoption process and not be able to follow through.
That being said, we are not taking out government money or welfare, we are still working, we never applied for unemployment benefits or anything of that nature.
My wife has paid for her NYS EMT training out of pocket as well.
In that light, we contribute more than we take away.
We are not entitled to have any kind of benefits or to leech on taxpayer money.
We pay taxes, we are taxpayers! With our contributions, Americans can enjoy their benefits!
Just please take a moment and think about that.
America is built by immigrants, many great people are foreigners that helped this nation flourish and advance in technology, in science, in the medical field and the list goes on.
We fought very hard for everything we have and we didn’t have anything served to us on a silver platter.
We learned a completely new language in a completely new environment, we assimilated into the American society, we abide by the American laws, we follow the rules, we wait in line, we are patient.
Please be patient with us.
Some of the horrors that most of us went through, no one will ever understand. Even we, the ones that experienced those things don’t even understand them sometimes and we are often still in denial and get triggered easily. Emotional and mental persecution and prosecution are legitimate ways of harm, driving many LGBTQ people to lose hope and commit suicide.
Asylum seekers are not having fun traveling thousands of miles and crossing oceans just to be treated poorly. We are not having fun waiting for years in limbo, separated from our loved ones.
We are not having fun and trying to play the system while we are being mistreated and put up a fight against injustice every day.
If we were economic immigrants and would be just after a green card or to take advantage of this country, we would as well got married to a US citizen for money like thousands of others do.
Believe me when I say there are “easier” ways to receive a green card than to go through hell and back stressing every day about asylum law changes. And we, asylum seekers very well know about those other ways. I personally know many individuals that got their status through frivolous marriages and now are all US citizens while we stay authentic and keep fighting. Does anyone think we enjoy this? To see others get their papers and their life in order and know that they don’t deserve it? That they lied for it?
We choose to fight because this is the only right way, this is our last chance to stand up for ourselves, for our rights, for the truth.
Asylum is not the easy way out… it is one of the hardest things I have ever come across in my life.
In criminal law, a murderer is innocent until proven guilty. In immigration, on the other hand, we are guilty until we fight our way through all the layers of bureaucracy to prove our innocence.
Unfortunately, most immigrants are treated worse than some criminals, it is the sad truth.
Me and my wife met here in NYC through our community, moved away from them, found our peace and safety, and got married soon after. Yes, we wasted 2-3 years and accumulated unlawful presence because we were afraid to come out to our peers and to our families, risking to go through the horrors again. But then again, we made amends, we chose to fight for what’s right and don’t be silent anymore. We paid taxes back to those years that we worked unlawfully. We worked very hard to make things right.
My wife became an EMT, I am a medical assistant and a student in nursing school. We are servants of the public.
We saved thousands of American lives recently during the coronavirus pandemic and we did it with all our hearts, with the strength that we received from the American people and that we want to pay back.
We are not people that like to brag or feed the ego, but we are people nevertheless that are out there risking our own lives to help others.
My wife got infected with the coronavirus and was very sick, but got back up within a week and was back in the ambulance saving lives.
I am working in emergency medicine, 60-70 hours a week to help as much as I can. And it never ever for a second crossed my mind that I would do any of it differently.
We are just as valuable as anyone else. We are good people. We deserve to have our voices heard. We deserve to get a chance in life.
We are in this together and most immigrants are the best people that America can hope for, most immigrants are the backbones of this country and are the ones that make America better.
When I first caught a glimpse of the Statue of Liberty upon arriving in NYC, I instantly believed in justice and cried out of relief, that now I can breathe and live freely being myself. Please don’t disappoint us. Please keep justice alive.
If you have your heart in the right place, please consider having your mind follow suit and make the right decision that you can be proud of and won’t regret.
Most of all, please decriminalize asylum seekers.
We have been stripped from most of our rights as humans already, don’t take the last thread of hope away from us. Please.
And here is what I ended up submitting:
Dear Attorney General Barr, Director McHenry, Assistant Director Reid, Acting Secretary Wolf, Senior Official Mizelle, Senior Official Cuccinelli, Division Chief Dunn, and Administrator Ray:
I submit this comment to express my deep opposition against the above-referenced Notice of Proposed Rulemaking (NPRM).
Only because some people made mistakes on their applications or were unable to express themselves correctly, they should NOT be denied a chance for a fair hearing, or at least a chance to correct themselves. People also should not be denied solely based on not being able to apply for asylum within a year.
I know from my own experience that I came here when I was just 20 years old, for not just a year, but almost 3 years, I did not even know what asylum was as I was oppressed by my own community members and I was afraid of law enforcement and government figures.
I came on a Visa Waiver, in 90 days I did not even know if I want to stay here or if it is safe to stay here. How can lawmakers expect asylum seekers that are alone and scared to know how to file for asylum? To expect asylum seekers to be law experts with perfect English and know what words to use, how to form their opinions, and in general to show their “well-founded fear of prosecution”? Some of us do not even have the means to afford legal counsel. I consider myself lucky and privileged to be able to hire an attorney that can guide us.
People are not robots, we are humans. We make human mistakes, errors of judgment, and most of all, we are heavily traumatized by government members, by our peers, sometimes even by our own families. We need to be treated with patience and dignity.
I am a 20 something-year-old asylum seeker alongside with my spouse. We are women, we are LGBT and we are not tolerated in our country of origin.
My wife has paid for her NYS EMT training out of pocket and I am paying for nursing school without any financial help.
In that light, we contribute more than we take away.
We are not entitled to have any kind of benefits or to leech on taxpayer money.
We pay taxes, we are taxpayers! With our contributions, Americans can enjoy their benefits!
Just please take a moment and think about that.
My wife became an EMT, I am a medical assistant. We are servants of the public.
We saved thousands of American lives recently during the coronavirus pandemic and we did it with all our hearts, with the strength that we received from the American people and that we want to pay back.
We are not people that like to brag or feed the ego, but we are people nevertheless that are out there risking our own lives to help others.
My wife got infected with the coronavirus and was very sick, but got back up within a week and was back in the ambulance saving lives.
I am working in emergency medicine, 60-70 hours a week to help as much as I can. And it never ever for a second crossed my mind that I would do any of it differently.
America is built by immigrants, many great people are foreigners that helped this nation flourish and advance in technology, in science, in the medical field and the list goes on.
Asylum seekers are not having fun traveling thousands of miles and crossing oceans just to be treated poorly. We are not having fun waiting for years in limbo, separated from our loved ones.
We are not having fun and trying to play the system while we are being mistreated and put up a fight against injustice every day.
If we were economic immigrants and would be just after a green card or to take advantage of this country, we would as well got married to a US citizen for money like thousands of others do.
Believe me when I say there are “easier” ways to receive a green card than to go through hell and back stressing every day about asylum law changes. And we, asylum seekers very well know about those other ways. I personally know many individuals that got their status through frivolous marriages and now are all US citizens while we stay authentic and keep fighting. Does anyone think we enjoy this? To see others get their papers and their life in order and know that they don’t deserve it? That they lied for it?
We choose to fight because this is the only right way, this is our last chance to stand up for ourselves, for our rights, for the truth.
Asylum is not the easy way out… it is one of the hardest things I have ever come across in my life.
We deserve to have our voices heard. We deserve to get a chance in life.
We are in this together and most immigrants are the best people that America can hope for, most immigrants are the backbones of this country and are the ones that make America better.
If you have your heart in the right place, please consider having your mind follow suit and make the right decision that you can be proud of and won’t regret.
Most of all, please decriminalize asylum seekers.
We have been stripped from most of our rights as humans already, don’t take the last thread of hope away from us. Please.
Well said
I thought I wrote this……
Very well said. Also, many LGBTQ asylum seekers have a problem with the one-year bar, for the reasons you discuss. Thank you for sharing this, Jason
Hi Jason I hope you are doing well and staying safe
I have a question… I wanna apply for renewing my EAD card I have approval letter and after got this letter they send me new card last year without any request from me … it will expire next September and I wanna send my documents
Do I have to send or they send me like before ? Are the offices open now? Are they reviewing the documents as before?
I am not sure I understand the question, but if you want to renew an EAD, you can do that normally. The system is basically operating (though it is in danger of slowing down as USCIS is facing severe financial problems). You can apply to renew an EAD up to 180 days before it expires. Take care, Jason
Thank you for your responding
I have more question
My husband had interview in us embassy in turkey March 24th but he couldn’t go there because of corona virus all borders was closed and they canceled all schedules…. I don’t know when they will reschedule … when reopen us embassies ? Do you know when they start interviews?
I do not know. You might try emailing the embassy to ask if there are any updates (you can Google their website and find an email). Good luck, Jason
Seriously GOD damn trump and his racist minions…the past 4 months have been the worst in my life…first I lost my job due to covid19 then we had stay at home orders for 2 and half months, then we had curfews due to current riots…then trump had to further add to the misery and suffering of asylees and decide to introduce further draconian rules to persecute asylees and also trying to abolish USCIS, I have even lost the will to live or do anything else these days……Seriously GOD damn trump and his minions….All this frustration, depression and misery is too much to handle…….
Hi Jason,
Thanks for helping the community. Everyone should participate for voices to be heard.
I could be wrong, but cutting and pasting a comment will remove it from the original comment, so the sentence ” if you don’t mind, please cut and paste what you write into the comments section of this blog (below)” sould be corrected to “copy and paste…”
Fair point. Correction made. Take care, Jason
There is no doubt that his Administration and supporters are harming many vulnerable people. I do think there is something to be done – work to opposed these new rules, and more importantly, work to prevent him from getting another term as President. If he is gone, many of these bad changes will likely be rolled back. While asylum seekers and other non-citizens cannot vote, they can help by encouraging others to vote or volunteering in other ways. Take care, Jason
Hey Jason,
My case still in court proceedings. Waiting for the MCH
And, My EAD has been expired more than a year now. Under the new LAWS,
1) can I renew it?
2) am I in trouble because of that?
Do you think my case is over? Should I give up?
Thanks.
1 – Yes, you can renew the EAD. 2 – If you worked and failed to pay taxes, it will be a negative discretionary factor. You can contact a tax professional and correct old tax filings, so maybe you would want to do that in order to mitigate the problem. 3 – I certainly do not think the case is over. This is yet another issue to deal with, and it is not good, but there is nothing here that makes me think you cannot overcome this problem. Good luck, Jason
Thank you Jason, for continously updating us . . . I made the following comment on the proposed regulation website. I hope it is clear & easy to understand.
“The new regulation includes a discretionary decision on asylum applicants including determination of the level of “persecution” to see if it is “severe level of harm”. This gives too much lee way for the asylum officers. How can one identify the level of psychological harm we suffer? As an asylum applicant with a pending case for over 5 years, I still have depressions, mood swings, stress and high level of anxiety when I think about the persecution I went through. My physical harm got much better over time. Unfortunately, even after all these years, I am still suffering mentally. How can this harm be measured? How can this be discretionary? I hope the office removes this item from the discretionary list of items.”
You go to a medical professional and they write a summary that you attach to your case
You can find a psychologist in your city who can write a psychological evaluation report for you based on your asylum case. It usually takes 3/4 sessions and the psychologist will probably charge you close to 500 to 600 dollars depending on the specific psychologist. I obtained a similar report from my psychologist/therapist so i can include in my asylum case.
Sometimes, it is possible to get pro bono assistance – I did a posting on September 22, 2016 with links to non-profits. This posting was about finding a free lawyer, but these same agencies might be able to refer you to a mental health professional. Take care, Jason
This is a good comment – Thank you for posting it. As for your case, you can get a letter from a mental health professional. It is better to get a letter from a therapist who is treating you (as opposed to a therapist you meet once or twice just to get a letter for your case), but either way, such a letter helps to demonstrate psychological harm (by the way, this would not take away from the point you made in your comment – the new rule provides too much discretion and basically makes it easy to deny any case where the decision-maker feels like denying). Take care, Jason
Thank you sir for the good job you’ve been doing to help us Asylum seekers. Please I have a question. I am in immigration court in Chicago and my case is in 2022 If I can find my way to Canada, can I still have the opportunity to seek Asylum in Canada with any issues?
You could be rejected at the border and returned to the US, where you could be detained (under a “safe third country agreement” between Canada and the US). If you want to try to go to Canada, talk to a lawyer in that country first, to see how/whether you can do it. Take care, Jason
Hi, Jason,
Thank you for your post, it’s just awful what the current government is trying to do. I mean everyone saw what happened when businesses were closed because of the covid, people had to apply for unemployment immediately, how they expect asylum seekers not to work and be able to afford minimal human needs such as a roof over the head and food.
Another point is, although government comes with these riduculous things to prevent new people from applying to asylum, new applicants instead mostly gain from this situation, I myself know a couple of people who came in US, applied for asylum 3 months later, got approved and now are settling in, they don’t have to worry about eads, new laws and etc. While we, backlog applicants, have to suffer through all this.
And also, if asylum was established by international convention, shouldn’t each country comply with the basic rules? Why UN is not commenting on this?
The UN may be commenting; I do not know, but the agency does sometimes comment on changes to US law. In this case, the law, as written by Congress, gives the President a fair amount of flexibility (in my opinion, way too much flexibility) concerning immigration, and so it is possible for him to make these changes. Some changes probably go to far, and could be blocked by court, but we will have to wait to see. Take care, Jason
Thank you Jason for your support. With such powers, our only hope is people like you, who stand up for the vulnerable. Unfortunately this Congress seem to have forgotten the phrase “NEVER AGAIN” as we see these atrocities, discriminations and all sorts of wrongs happening again while they watch.
Hey Jason. First really appreciated about you update about this new law . Then I have. Question . What if a person already in the court system. And if the if currently he lost the individual hearing .is this new law means he doesn’t have right to go further like circus court BIA process.?thanks Jason . Be safe
The person can still appeal to the BIA and – if he has a work permit – continue renewing that during the appeal. At the federal court level (a Petition for Review after the person loses at the BIA), the new rule makes explicit that the person should lose their work permit. This is not a change from the current practice, where the EAD is invalided if a person loses at the BIA. At least that is my reading of how these rules would work. Take care, Jason
Hello Jason,
Thank you for everything you do for us. It really helps to understand what’s going on with immigration process nowadays.
I’ve heard that the administration has a plan to remove LGBTQ from the asylum process. How do you think is it possible?
Thank you.
I think that is a reference to the new proposed regulations (discussed above) and that it will make it more difficult to win asylum when the persecutor is a non-government actor. Some immigration lawyers seem to think this will have a major effect on LGBTQ cases, but I am not so sure. In most cases I have done, there is ample evidence that the government does not protect people and that there is nowhere safe to live within the country, so I think such cases will not be greatly affected. If the rules are implemented, we will have a better idea about this, of course, but I am hopeful that there will be no major effect on this particular social group. Take care, Jason
Hi Jason,
Thank you for your support, God bless you, I have question please, We have a pending asylum case since 2015, last time we applied for EAD renewal was in December 2018, the issue is that when I filled the I765 for my husband and myself I did a mistake and send mine with my husband’s date of birth, I realized that when I got the recipe notice, I sent mail to correct my DOB, applies for correction online, the status changed that the DOB has been corrected, since then I sent out of processing time online enquirers many times, and got same reply, pending conversation and ask me to be more patient. I sent written inquiries with no response. I am still working my EAD card expired on 5/11/19.
My question is shall I stop working? My driving license will expire soon as well and I cannot renew it either.
I sent another I765 form on Jan 2020, as the processing time for my husband & my son was only 3 months, so I thought I can have a new request. But nothing for that one either.
Sorry for the long message but I feel so frustrated we are facing delay in our case and delay in my EAD, and with all that new rules who knows when that end.
Can you please advise.
Thank you so much.
Lydia
You cannot work legally with an EAD that expired last May. However, as long as you are paying taxes for your income, this is not considered an adverse factor in your asylum application (at least this is how I read the new regulations). So I guess I don’t see much benefit in stopping your work, at least in terms of your asylum case. As for the new EAD, if you have not tried it, I think you should call USCIS: 800-375-5283. It is relatively easy these days to reach a human being to ask for help. Otherwise, you can also contact the USCIS Ombudsman (a link is at right) – they sometimes help with delayed cases. Take care, Jason
Dear Jason
Its been 10 month since waiting for my decision from Arlington.
And close to five years my presence in US AND with all these shitt things going on i have had bad depression since last year for the last two month im under my mental therapist treatment- my mental therapist is willing to give me a letter stating my mental issues would that be helpful to expedite my interview decision.
My other question is that can we expedite our decision? If so what are the step
Thank you
I wrote about expediting the interview on March 30, 2017. It is basically the same, you just want to expedite the decision. The letter from the therapist can help. Have that person explain why the delay is harming your health and how a faster decision would help improve your health. If all else fails, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hello Jason thanks for supporting us, i have a question i have my IH court on this coming December (L.A) do you think the judge is going to postponed it or no CAUSE THE COVID-19?,also i got here in the US with tourist visa and i am from IRAN and the reason that i applied for asylum is i switch my religion from Islam to Christianity, before i got here i had Schengen visa and i had been visiting several European country just for visiting, do you think is that the point which the judge can denied my case?
also i have been going to the church and my pasture said can come to the court as witness, i really scared about this new rule, how much chance do i have to get approval in the court?
best,
There are no answers to these questions yet. Courts are starting to reopen, but if the virus spikes (as it seems to be doing), they may close again. There is no way to know where we will be in December. Also, the new rules are not yet in effect and they may not be in effect by December. If they are in effect, you will need to explain the travel to third countries. Even if they are not in effect, you will need to explain that. For example, if you did not change your religion until after you were in the US, that may be an explanation. Hopefully, you have a lawyer and you can develop a plan with the lawyer. Take care, Jason
I do have all lawyer amd thank you so much.
I have heard we can apply for asylum where ever we want i do not understand why they are putting this rule and why we are asked why we are not applied in the other country that we were
Asyle55, did you switch your religion after came in to the US or you have been converted while you were traveling Europe?
Failing to seek asylum in a third country has always been an issues, but it has never blocked a person from asylum (unless the third country is Canada). The law allows flexibility on this point, and so the Administration is taking advantage of that in one of many attacks against asylum seekers. Take care, Jason
That is so scary. We are also from Iran and waiting for the interview with the same reason. I always have been hearing switching to Christianity in these cases is one of the most straight forward asylum applications with low denial rates.
Hi Kate we did change it in Iran but we were not got baptized there and also we were going into hidden church, and the reason we got denial by officer was lack of testimony about christianity, i have a lots of stress.
Sorry to hear that. Since you mentioned “we”, I assume you and your spouse both have been converted. Probably she/he can submitt a separate defensive asylum application at court and increse your chance of winning.
Not a bad idea. Hopefully, you have a lawyer and can discuss this with the lawyer. Take care, Jason
Yes you are right Kate, i had mentioned that yo my lawyer but he said no it dose not work, do you think it dose matter for the judge where and when we change our religion?
I would ask for more explanation about why it does not work. If you each have your own claim, you normally would each make your own claim in court. This is particularly important if you lose asylum but are granted Withholding of Removal or Torture Convention relief. Under those, you cannot include a dependent, so each person needs their own application. Maybe the lawyer has a valid reason for not filing applications for both/all people, but it would be good for you to know that. Take care, Jason
Technically when you have converted then stayed a while in your home country, it is more difficult to justify you experience fear of persecution. The officer may interpret you can stay and servive in your country as you used to do. However, “lack of testimony” which you mentioned is a general term which does not specify what was the main resean of denial of your application.
This is the issue in basically any apostasy case from Iran. If the US government believes that your conversion is true, you should be approved. Therefore, for such cases, that should be one of the main things to focus on. Take care, Jason
I had a Canadian Visa and had actually visited Canada before I eventually went to the US months later then applied for asylum. The officer asked about this during my interview and why I didn’t apply while visiting there. I explained that it was really just a tourist visit and nothing else. Eventually when I returned to my country of origin my circumstances and thoughts about the future of my life changed. My key was being honest, I got tired of pretending and didn’t really see how much longer I could keep it up.
Ultimately, a lot of factors played into this: support letter from gay friend I made while visiting Canada, a guy went on a date with in the US, country conditions, my lawyer. So, it could go anyway. My recommendation is just to be totally honest.
This is what I posted
To Whom It May Concern:
“American Dream” has been a phrase that entire world has been believing in for last 50 years at least. So how can we be blamed for coming to the best country on planet looking for a better life, searching for a safer nest for our children, fighting for our freedom of movement… Yes, we have transit maybe many countries before coming here, why wouldn’t we if America is the best country on Earth?!
I agree with a fact that you need to protect your own country by enforcing the rules and regulations that one must follow and I agree that if laws are not respected then you shouldn’t be living in here. But what about people like me? What about me as a single mom and my child who came legally to this country, asked for asylum within first year of arrival, did everything on time, have a good credit score, has no criminal background check, has a University degree, a descent, moral and person of good character, raising a child with same values, a good resident who never took advantage of anything in this country, but yes I do have a fear and nightmares of going back to my country? What about me a labeled “immigrant”, do I get to decide or someone else needs to decide of how much I fear for my life and my child’s life if I go back? Especially after I fought so hard and struggled so much to establish a normal life in here. Am immigrant life is nothing but hard until you “get in there” and too of everything you have to pay thousands of dollars to attorneys and fear and struggle and stress out for the papers…and then everyone likes to take advantage of you cause you are just an immigrant and you have no voice, but maybe you are the best employee or a renter or tax payer or a credit payer than most of the US citizens.
I don’t think that immigrants can really take advantage of anything in US because you as an immigrant don’t qualify for anything except hard work. I believe that actually citizens itself take advantage of their own system itself more than any immigrant can just by the privilege being a citizen.
Immigrants are afraid to take even what they qualify for just from the fear that that may deny their case or send them back because as an immigrant “all eyes on you”.
I believe that asylum cases should take in consideration case by case, because we didn’t our entire life behind for nothing and we are willing never to go back just for fun or just because we want to buy because we have to.
Work permits should be given automatically after asylum application submitted just because of the quality of life one should have as a human being. There is plenty of jobs for people who want to work and I don’t think anyone can take anyone’s jobs. I feel like a lot of people who are citizens would rather take advantage of unemployment, stay home get paid and do nothing, in a mean time collect all of the government help, food stamps and anything that you can possibly squeeze from your own country just because you have the privilege to take advantage of while immigrants don’t have that opportunity because they have to pay the triple price for living here and still be labeled as an immigrant as it’s something bad.
It’s understandable that you don’t want criminals in the country so send them back, what are waiting for? But isn’t it easier to control them if you give them EAD instantly so you can track them easier otherwise no social security no background check at all. Sometimes you have to give more in order to receive more.
Also, after certain time being in the US and being a good example and a good resident we should have some kind of privilege too even we are still pending. I also would like to protect the country where am raising my child, I would like to contribute as well by being a good citizen.
Thinks are not always just black and white, sometimes you have to put yourself in our shoes and see the entire picture from a different perspective. Everyone in America came from somewhere, your parents, grand grand parents, friends, family members… so think of us as you would for them. Life is already hard enough for everyone right now everywhere in the world, help us so we can help you by working hard, contributing our good to the country, raising good citizens that you might be proud of no matter where they came from, just like Nikola Tesla and many others…
I hope someone will actually read this and see me as a person not as a label “immigrant”.
Best regards!
Thank you, Jason!
Don’t you have any updates regarding the backlog? I read that there is a serious drop in new applications, so maybe USCIS started to work on old cases?
I have not seen any updates about the backlog or the volume of new case filings. Supposedly, they were working on old cases during the shutdown, and so you’d think that would free up people to do more new cases. Also, USCIS hired many more asylum officers, especially in the last 6 months or year. I think the backlog would likely have started to go down had the coronavirus not messed everything up. We will have to see how the reopening goes. So far, it seems very slow. Take care, Jason
The best one really heart touching !!!
Thank you. As a fan of Mr. Tesla, I particularly appreciate that point! Take care, Jason
Dear jason please read the USCIS deputy director letter on USCIS Twitter . This is dark news . They have now made it public finally . They need funding from congress . Let’s make a post just dedicated to this emergency . I don’t think this has ever happened to this extent . 70% is a lot . All legal immigration will be affected and he said it himself in the letter . Please let’s all push Congress . Make a post big and clear to your readers to contact congress . The TIME IS NOW. Clock is ticking
I agree with the need of immigration to everyone, getting legal, following the laws and making the USA our home.
We can push Congress for the funding but think
WHY DO YOU THINK CONGRESS NEED TO HELP USCIS FOR THEIR MISTAKE?
They miss managed their budget and messed up immigrant lives as hell.
Why do we have to support USCIS?
Already they are not doing their jobs and processing times are getting worst day-by-day. Even after going through the Asylum process which is Hectic, go through heavy background check, went through multiple interviews and get Asylum. After one year, when you apply for Green Card they will process application more than 24 months and Citizenship application for more than 18 months and the reasons for the delays are it’s background check etc.,
USCIS is trying to find the reason for delays and messing up our lives in the name of VETTING.
Anyway what they can do, it’s the Administration who handles it and they will do what administration orders.
THIS ADMINISTRATION TREATING THE IMMIGRANTS WORST THAN ANIMALS BUT THEY DO NOT REALIZE THIS COUNTRY BUILD & RUNS ON IMMIGRANTS
In my opinion, no one should support either USCIS nor this administration and let the congress decide what USCIS has done and what they deserve.
Things should get better day-by-day but with USCIS, things are getting worst day-by-day like processing time, processing fees etc
Even after congress help the USCIS, do you think it will get better ? No they will try to find the reason for delays and will get worst for sure.
I hope immigrant lives get better in the future. Anyway we can’t expect any better from this administration anymore other than Chaos.
I posted something about it last week, but it was just one item among several pieces of bad news. There are some efforts to encourage Congress on this point, but the basic problem seems to be that the Administration is driving USCIS into the ground. Also, the advocacy community has been a bit reticent, as they want some oversight about how USCIS operates before they push for money. The agency has diverted a lot of money for phony “fraud” investigations (where there is little evidence of fraud) and has not really been doing its job. I personally think Congress should fund the agency anyway, as the result of not funding it will be worse, but the mismanagement has made it harder to reach an agreement. Also, the agency has still not formally asked for the money. Anyway, I may try to post something else about it, depending on how things develop and whether I have time. Take care, Jason
I totally agree and maybe because of infinity backlog there some hope on amnesty…
Amnesty? I admire your optimism😊
Greeting Dear Jason,
I have seen the draft proclamation. It is really heart breaking and disappointing. If you ask me about the asylum seeker current situation is very horrible in this highly developed country. Instead of protecting the asylum seekers , it aggravate the Post traumatic stress they were faced while in their country. Imagine what you feel when you miss the loved ones for one day, however asylum seekers are forced to abandon their family years and years ( some of them for more than 10 years ).The huge back log and delay in the asylum interview, court , family reunion , adjustment of status and citizenship are purposely done to harm the asylum seeker. All are human made. The top government official continuous hate words also an additional pain to the asylum seekers and result in discrimination by the community at various level. I definitely add my voice by saying the current regulation is part of the above mentioned package to harm the asylum seeker which is against USA law and international Convention. More over it is a crime against humanity.
Thank you !
If you did not post this as a comment to the regulation, I think you should – you make some important points. Take care, Jason
Jason ,
Thank you and I posted my comment about the proclamation two days ago.
Thank you for doing that. There are now over 2,400 comments! Take care, Jason
Hi Jason,
According to the news, there will be new rule about applying for EADs on Friday. Does it affect initial applications only or everyone including those already waiting for years? Can you please comment on this.
Thanks.
I have not fully read it yet (the bad news is coming too fast to keep up). I am going to try to post something about it, but I think it does not go into effect until August 25, 2020 (though double check the rule, as I could be wrong). I will write more once I read it more carefully. Take care, Jason
Hello Jason and everybody I would like to share some
Good news with you . Today I received my deportation notice after court . I am so relieved because I get to leave this hellhole after so much stupidity . People are fighting to stay here but with this government and bullshit system I am glad to leave . People make this country seem like the best but in reality it is a shit hole . Good luck To everyone .
How long you been in the US before getting the deportation notice !?
I’m getting closer to this conclusion myself. I wish you good luck, Jason
My comment opposing the regulation is as below:
I had to move in US 4 years ago due to the political problems in my home country. I used to be a businessman in my country paying all kind of taxes for the wealth of my country and for the sake of my country’s people. And I do the same in US also. I have been spending lots of money to keep my business on its foot from the scratch. But I am almost get tired and I got out of money. My company was taken over in my country and I have lived with my savings and very little income from my businesses so far. I could not see my parents for 4 years except one. My grandparents died during this time interval and I could not even participate to their funerals. I did not go outside of US borders for the whole 4 years. And yet, I could not get an interview for my case. The point is I had that much of problems and still hopeful to be a US citizen sometime in the future. I decided to change my career and I am still struggling to support my family. This much of devotion, patience and hard-working is for a purpose which is being a part of this community and being a good person in US land. It should not be punished. If I had a chance, I would go back to my home country. That means that I do not have a chance to live happily in my country, otherwise why would I live here without seeing my and my wife’s parents. So, I hope this law does not break the hope of hopeful people.
Thank you – well said. Take care, Jason
Hi ,
this is worst news ever, how about people whi reffired to court
It is not completely clear, but if these rules are implemented, they may very well apply to people who already have pending cases. We don’t yet know that, though. Take care, Jason
Seeking Asylum in the US is a constitutional right. America was built on accepting immigrants in this Country. There is a way to do it. We need to invest in an efficient system. Shutting people out is not only unconstitutional, it is shameful, wrong, unnecessary, and ultimately a death sentence. End the Remain in Mexico Policy. It is a death sentence.
Asylum is a right under the law and under international obligations that our country has entered into. Asylum seekers are entitled to due process of law under the Constitution, and that is exactly what the Administration is under-cutting. This affects us all. Take care, Jason
Thank you Jason for your unwavering support.
I just wanted to share my views on commenting, and please note I am not qualified to do this, its just my 2 cents.
I think we should try post well thought out comments with more facts than emotions.
Try to debate your comment with someone before posting. Don’t limit your debates to people who agree with you only. If you know someone who is anti-immigration, those are the best people to debate with. This way we will learn how to communicate with this anti-immigration administration in a way they will understand as well as debunk their unjustified fears.
Hi Jason,
There is a supreme court decision today about asylum. What are the implications of that? Will asylees be immediately deported if ordered by the judge without any BIA or federal review?
This does not apply to affirmative asylum seekers. It applies to people subject to expedited removal and basically says that if they are denied, they cannot have that denial reviewed by a federal court. Take care, Jason
I applied for asylum while I was still in valid status. Now my valid status will be expiring soon. And after the expiration date of my valid status…I will become a defensive asylum seeker…right ?
Normally, no. If you have filed affirmatively, you remain an affirmative asylum seeker with your case before the Asylum Office. If your case is denied and you are sent to court (or if you are sent to court for some other reason, like getting arrested for a crime), you become a defensive asylum seeker (i.e., asylum is your defense to being deported by the Immigration Judge). Take care, Jason
Good advice. I think for posting comments to the regulation, it is good to introduce yourself and say what is your experience with asylum (for example, “I am an asylum seeker who filed in 2017 and am still waiting for my interview”). Take care, Jason
My comment:
Dear Reader,
I ran away from my uncle 5 years ago who was trying to have me persecuted because my sister ran away and did not marry the person he wished.
How is it my fault that I have been living in constant fear for 5 past years having nightmares about returning to my country?
This Regulation is trying to narrow down the ‘extent of harm’, with five years away from my torturer how am I to revive the physical wounds he inflicted on me and show the mental wounds that are still fresh within me?
My uncle and his family does not fit in ‘particular social group’ but he is able to damage and destroy my life just all the same. This regulation will result in great loss of lives and tragedy. America is country of immigrants. It has been a beacon of hope for people fleeing for their lives for centuries now. Changing that changes what US stands for.
Very powerful – Thank you for sharing. Take care, Jason
I know this question solely depends on the judge but will love to hear from you based on your experience .
My IH was meant to be mercy but didn’t take place because of covid19, the court is going to be opened for undetained cases July 13. Pls any idea of how those cases that think take place will be rescheduled and prioritized ?
At this rate, does court still grant any asylum case. I’m heavily pregnant and scared at the same time. God help us!
Courts still do grant cases (at least they did prior to the closure). There is no way to know when a case will be rescheduled. We recently had an IH canceled and rescheduled for 2024! A MCH was rescheduled for one year in the future. Others have not yet been rescheduled. If it is too far away, you can always try to advance the hearing – I wrote about that on April 20, 2017. Take care, Jason
Hi Jason, I recently filed for my green card (base on asylum approval over an year ago – I’m the primary applicant). I understand USCIS is waiving green card interviews for certain cases, have you seen that happen in case of asylees? Thanks.
They said a year or two ago that they would interview everyone, but I have not seen that. Some principal asylees seem to get interviews and others do not. I do not know why they choose to interview some and not others. I suspect that there is not rhyme or reason to it. Take care, Jason
I was listening to Patti Smith’s “People Have The Power” when I opened your blog. The humor, measured optimism, and humanity of your words are a beacon for asylum applicants and attorneys alike. Thank you for what you do to keep us informed, hopeful, and smiling.
Thank you. Patti Smith rocks. Take care, Jason
Practicing unfavorable discretion because of:
1. Unlawful entry or presence. This is already ‘illegal’ under Matter of Pula. “asylum seeker’s circumvention of proper immigration procedures could not be a sole dispositive factor against the claim and “should not be considered in such a way that the practical effect is to deny relief in virtually all cases.”
2. The failure to seek protection in any third country the alien “transited” through. Not all countries offer asylum at ports of entries. If you transit through France for example, when you get off a plane and head to US bound flight, there is no immigration checkpoint you can go through/police authority to claim asylum from. There is only a security checkpoint made up of security personnel hired by the airport. The alien transiting though France would need to attempt to exit the transit area and arrive at the border checkpoint to attempt and claim asylum. This is not part of a “transit” path.
3. One year bar: Already illegal under INA § 208(a)(2)(B) -this is the actual bar and its waver- and once the bar has been overcome, no other agency can “review” the results but can only apply them under INA § 242(a)(2)(D)
4. Working unlawfully. Humans need food and shelter no matter what. The same way 1 plus 1 will always be 2 no matter. The government cannot pretend that people can make due without eating. If they do implement this then they are ignoring the basic fact: humans need to eat, food costs money, and humans will attempt to secure this life necessity wether we allow them to work and earn legally or not. Claiming someone is attempting to secure food through unlawful labor as a cause to deny asylum doesn’t sound logical or ethical. Also fiddling around and delaying work permits and starving people is also garbage of the government to do.
Bring it on. I’m ready to debate these people.
Thank you for this. Take care, Jason
Hello Jason, regarding this: ` It automatically terminates employment authorization on the date of asylum application denial, rather than referring the case to the Department of Justice Executive Office for Immigration Review.`
does that mean there will be no `referral to court` but flat `denial` for people who are out of status?
Thank you Jason for enlightening us as always.
I think this only applies if the asylum application is denied. That only happens if the person is otherwise “in status.” If the person is out of status, the case is referred to court and the work permit continues to be valid and can be renewed. This is not actually any different from the rule we have now, at least as far as I know. Take care, Jason
Hi ,
this is worst news ever, how about people whi reffred to court but the individual postponed because coronavirus
do the new rules effect his case
can I renew my expired EAD now ?
thank you so much
The above-mentioned rules (if implemented) would probably apply to people with cases pending in court, unless a court blocks them from applying retroactively. There are also new rules about EADs, which I have not fully read, but I think those rules will only apply to people who file for asylum after August 25, 2020 (I am not sure about this, though, and I hope to post something about these new rules soon). Take care, Jason
Hi Jason,
Hope everything is ok.
I have applied for asylum in 2015 but still waiting for interview.
I heard they professing to backlog applications also.
I applied in NY asylum office. what is your prediction about backlogged files in
New York? I look forward your response.
Best
Rishav
It seems nothing is moving anywhere these days. The offices just reopened after a coronavirus shutdown, and it seems things are going slowly. You can always try to expedite – I wrote about that on March 30, 2017. Take care, Jason
How does this supreme court decision affect us with pending asylum or waiting for decision after interview
👇👇👇👇👇
https://www.nytimes.com/2020/06/25/us/supreme-court-asylum-habeas.html?smid=fb-nytimes&smtyp=cur
This decision is for people subject to expedited removal. It does not affect people with pending cases at the asylum office. Take care, Jason
Comment:
I oppose this new regulation as it dilutes the image of the USA as the leader of the free world. As an individual who has lived in a country where there is no regard for the most basic human rights, I have found refuge in the freedom that USA provides.I say this even when I have a pending asylum case which has been in a backlog for over 4 years. USA is truly one of the most free societies that I have lived in and will ever live. But regulations like this wash away the admiration that I have come to accumulate about the USA. Don’t underestimate the USA loyalty that is brought by the very fact of giving asylum protection to an individual. While some native citizens take it for granted, we the asylees, treasure the second chance that we have been given to live in a free country like the USA. Please don’t spoil this image.
Well said. Thank you, Jason
You need to also talk about those who aspire to obtain permanent residence based on asylum and citizenship as well. USCIS is about To furlough pretty much everyone because of the money issues . No uscis no asylum and nothing else either
I wrote about that last week (it is buried with a bunch of other bad news), including a link where you can sign a petition. Better yet, contact your Congress person about it. Take care, Jason
Hi Jason,
Do you think the new supreme court decision for rapid deportation just apply for asylum seeker at the border and those who admitted without inspection or all people regadless of their entery?
The Trump Administration has significantly expanded the definition of who is subject to expedited removal (if I remember, it is basically anyone who entered the US illegally and who has been here less than 2 years – and the person has to show he has been here more than 2 years). But for people who entered with a visa and applied for asylum, there should be no effect. Take care, Jason
This is my comment on regulations.gov today, Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.
“Dear Sir,
1–> You are trying to extend the time period from the point the Asylum seekers applies for Asylum and and can obtain an EAD from 6 months to 1 year. How is an Asylee going to eat, live and survive during that 1 year period without any source of income. It seems clear that you want to forcefully drive the Asylum seekers to work illegally during that 1 year time period and then deny their asylum cases based on this pretext. This is a very shameful tactic. Where is law and justice in this. You are first practically forcing asylum seekers to work illegally to survive during first year before they can apply for EAD and then persecuting and oppressing them for trying to remain alive and survive. Keep in mind these shameful tactics have been carried out by other oppressive and fascist regimes. Should the Asylum seekers eat grass and stones to remain alive if they can’t work during their first year of arrival in USA. Where is the relief that the Asylum law promises. What is your solution in this case. What do you suggests Asylum seeker’s do in that first year if they can not work. How should they pay rent, bills, medical and other expenses.
2–> Under these new rules if an Asylum seeker failed to file tax return even for an year then his Asylum case will be denied. People will be tortured persecuted and put to death if they are deported back to their home countries. Do your taxes and tax returns matter to you more than Asylum seeker’s lives. Asylum seekers have fled their countries to save their lives and mostly left their belongings, savings and assets back home which have been mostly seized by their home countries and other oppressing groups. Asylum seekers should be given the right to work, and live their lives so that they can survive starting the first month that they file their asylum cases. In any case denying an Asylum case just because of a failure to file tax returns even just for an year is highly oppressive, unlawful and unjust. Why can’t you see the injustice in this. Have you deliberately closed your eyes to the suffering and misery of Asylum seekers. There is no precedence in Asylum or refugee law for this draconian rule.
3–> Asylum seekers who failed to seek Asylum in a third country that they transited through will have their Asylum cases denied. Again for GOD’s sake stop ridiculing the Asylum law. The Asylum law does not exist so that you can make mockery out of it and use it to impose further impose cruelty and ruthlessness on Asylum seekers. Asylum is supposed to provide relief and respite to the most vulnerable and persecuted people who have faced torture, persecution and barbarity at the hands of their home governments and other groups. Many Asylum seekers have to pass through neighboring countries who are close religious and political allies of their home countries before they arrive in the U.S. If the Asylum seekers sought asylum in these neighboring countries they would have been persecuted, tortured to death or deported back to their home countries to face the same fate. Most of the middle eastern and gulf countries and many other countries that the asylees pass through have dictatorial and barbaric governmental regimes and these countries are not part to the 1951 UNHCR convention on Refugees and Asylees neither to the 1961 extensions to the refugee law. How can you deny a person’s asylum case if he had but no other option but to pass through a neighboring country which would have persecuted him in the same manner as his home country.
4–>Under these new rules you intend to give discretionary powers to Asylum officers and judges so that they can deny asylum cases without even a fair trial or due proceedings in court. Have you lost your mind. Would you also accept if we gave these discretionary powers to all judges like criminal and civil case judges also so that civil and criminal cases in America should be based on discretionary powers of judges as well instead of due process. This is utter lawlessness and humiliation of Law and order. Have you completely lost your minds? The law exists so that individuals like asylum officers and judges do not adjudicate Asylum cases based on their personal prejudices and/or personal opinions or their personal mood on a particular day. Do you even have an ounce of respect for Asylum law. The congress did not pass Asylum law so that the current administration can make a joke out of it and completely sideline it to persecute asylum seeker’s. For GOD’s sake, This is America, America is a shining beacon of light of LAW, order and democracy for the rest of the world. Don’t make the laws of this country an absolute joke. Giving an Asylum officer or judge the discretion to deny an asylum case before even having a fair trial is absolute injustice. Every Asylum seeker by definition of Asylum law has the right to defend his asylum case and has the right to present evidence, testimony and records to support his case and seek asylum.”
Thank you for making this comment and for sharing it. You make some powerful points. Take care, Jason
Hi Jason,
Thanks for your post. Do you think the new regulations will affect asylees who are not yet prepayment residents? I mean do you think USCIS will re-evaluate the already granted asylum cases? And if an asylee is applying for Green Card, do you think the officer will re-evaluate the applicant’s asylum case based on the new regulations to grant him/her the green card?
Thanks again!
*permanent residents
(sorry about the typo!)
Jason, please elaborate on the Supreme Court decision today on trump Administration win on deportation powers
It has to do with people subject to expedited removal and whether a negative decision can be reviewed by a federal court (the Supreme Court said no). My guess is that the effect will not be as much as some advocates believe, as most people in that situation would not take their cases to a federal court, even if they are denied. It is a problem, though, as DHS and DOJ may be more willing to violate due process if they do not at least face the possibility of federal court review. Take care, Jason
I think this will not happen. You can’t put anything past this Administration, as they are doing their best to destroy asylum and harm people, but I have not heard about this and I think it would require too many resources and face too much resistance. In short, I would not worry about it. Take care, Jason
Thanks Jason!
Hi,
After waiting for 952days for my asylum case result. I just got a respond on the web that a decision was reached. the decision has been mail. I check last night and did not see this change online until right now.
I’m happy but don’t know what the result may look like.
Oh My God! Jason do you know what this mean? is this how they give decision? I thought they would say the decision on line before sending it in the mail. I am worry and waiting. don’t know what the decision is like.
Do you have an idea?
Check to see if your clock has stopped or still running. If it stopped, that may be good news.
My opinion based on the experiences of people here.
People seem to check this, but I think it is not 100% accurate (maybe because the online postings are not completely reliable). Take care, Jason
Hi
The clock stop running. There was no change on it today and may not change tomorrow from what I see. Am not too sure what this mean but I pray its a good sign.
It just saw it by 7am this morning. All day its stay the same. I also hope the decision mailed will not take another yr to come.
I just want Jason to please give an experience on this kind of change online.
If the clock is stay running what it means? If it stopped and with decision mailed for applicant to follow the instructions on the mailed decision, if this is how the give decision on cases that are good or bad?
But thanks for the respond.
Maybe Jason can give more detail on what it means.
Take care. Stay safe.
Many people say that if the clock keeps running, it means you are sent to court. If the clock stops, it means you are granted. This is true, but I do not necessarily trust what USCIS posts online (so for example, maybe they state that the clock is running when it is not actually running). Hopefully, you get a good result, but to know for sure, you have to wait for the letter. Good luck, Jason
Hi Kae
Can you please share your timeline
Thanks
I predict an approval! Keep us posted please.
Congratulations. Its much better than continuous waiting. Tina is right, check if your clock is stopped (that should be approval, running is either recommended approval or referal) May you please share your office and timeline.
The only way to know for sure is to get the letter. It usually arrives pretty quickly after the online update – maybe a week or two. If you don’t get it by then, you may want to contact the asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Good luck, Jason
Congratulations Kae!!! I am happy for you. It feels good to hear such news. Mostly on this forum people say when the clock stops, it means it is an approval. May I know when did you applied and when was your interviews held?
Thanks, Jason.
Applied for my asylum in 2015 up to now nothing. Do you have any feedback, or what could have happened. Stressed to death.
I was November 2015. I moved my case to Newark office and requested for Short Notice 3 times. Eventually I had my interview February 2020. I am granted now. It was very hard to wait. I hope you can get your interview. I know how you feel right now. Please do not give up.
If you are not yet interviewed, you are in the backlog. If you have a reason, you can ask them to expedite your case – I wrote about that on March 30, 2017. Take care, Jason
Thank you for the update, Jason
Dear Jason thank you for your ontime update
I have a question come to US just had 14 hour transit in Turkey than came to US
I already had my interview pending a decision (Arlington)
Would that effect me too??
No country touch their asylum system more than than stupid administration (sorry my word)
Is it safe to comment in your blog ?? I hope you don’t disclose our identity!
This could be a negative discretionary factor. You can try to overcome that by submitting evidence about the transit and why you did not try to seek protection in Turkey. I do not know that the asylum offices will revisit people who have already been interviewed (and anyway, the rules are not yet in place), but you may want to inquire about your case and see if you can push them to give a decision before the rules go into effect. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Easy safe and free