Let’s say I give you a million dollars (which I can easily do, given my lucrative earnings as an asylum lawyer). Let’s also say I put that money on the moon. Even though its yours, you can’t get it, and so it won’t do you any good. That’s basically what the Trump Administration is trying to do with asylum.
Under U.S. law, non-citizens in our country have a right to seek asylum. But that right is meaningless unless applicants have the means to live here during the lengthy asylum process. On August 25, 2020, the Trump Administration plans to implement a new regulation, which denies Employment Authorization Documents (“EADs”) to some asylum applicants and delays the issuance of EADs to everyone else. The pretextual (lawyer-speak for bullshit) reason for the new rule is to prevent fraud. The real reason is to deter people from seeking asylum in the United States. Here, we’ll discuss the major provisions in this new regulation.
The first major change is the waiting period for an EAD. Until now, the regulations allowed asylum seekers to file their EAD application (form I-765) 150 days after their asylum application (form I-589) was received. Processing the I-765 usually took a few months, and so most asylum seekers would have their EAD card in hand within seven or eight months of filing for asylum. Under the new rule, asylum applicants must wait 365 days before filing for their EAD, and then wait a few more months for processing. This means that most applicants probably won’t have their EAD until at least 14 months after submitting the I-589. This new rule seems to apply to everyone who files for an EAD on or after August 25, 2020, even people who filed for asylum before that date. So if you are eligible for the initial EAD prior to August 25, you should file before that date. Otherwise, you will face an additional six months (or more) of delay.
The second major change is that people who file for asylum on or after August 25, 2020, and whose asylum application was not filed within one year of arriving in the United States, will be ineligible for an EAD “unless and until the asylum officer or immigration judge determines that the applicant meets an exception for late filing” or unless the applicant is an unaccompanied child. Sine the one-year bar will usually not be adjudicated until the asylum case is adjudicated, this new rule effectively means that people who do not file for asylum within one year of arriving in the country will not get an EAD. Again, this provision applies only to people who file for asylum on or after August 25, 2020. Also, even if you clearly meet an exception to the one-year rule, you would not be eligible for an EAD if you were in the U.S. for more than one year before filing for asylum (examples of people who are ineligible for an EAD include those who have maintained lawful status during their entire stay in the U.S. before filing, and people who decide to seek asylum after circumstances in the home country changed, causing them to fear return).
Third, applicants who “entered or attempted to enter the United States at a place and time other than lawfully through a U.S. port of entry on or after August 25, 2020” are not eligible for an EAD. There are rare exceptions enumerated in the rule, but for the most part, people who enter the U.S. unlawfully and file for asylum will be barred from obtaining an EAD.
Fourth, it seems that people who move before they get an EAD are considered to have “delayed” their case if the move transfers their case to a different Asylum Office. They thus become ineligible for an EAD (“Delay” includes “A request to transfer a case to a new asylum office or interview location, including when the transfer is based on a new address”). For this reason, you should try not to move out of your Asylum Office’s jurisdiction from the time of filing until you get the EAD (you can see your office’s jurisdiction here).
Also, previously, asylum seekers who were paroled into the United States after “passing” a credible fear interview were eligible for an EAD based on category c-11. The new rule eliminates this basis of EAD eligibility, though such parolees could still apply for asylum and then file for an EAD after the 365-day waiting period.
Other provisions of the new rule basically codify existing practice. For instance, people who cause delay in their asylum cases and people who have criminal issues will likely be denied an EAD.
The new EAD rules are particularly damaging when considered along side another proposed rule, which would deny asylum to people who work unlawfully and fail to pay taxes. The combined effect of these new regulations will be that asylum seekers are either forced to work illegally, thus jeopardizing their asylum claims, or they are forced to find some way of surviving in the U.S. for 1+ years without the ability to earn money.
On the positive side (and these days, we sorely need positive news), people who have EADs can continue to renew them in two-year increments, even if their asylum case is referred to Immigration Court or if they lose their case in court and appeal to the Board of Immigration Appeals.
Given these changes, if you are planning to file for asylum and you entered unlawfully or have a one-year bar issue, you should file before August 25, 2020, when these rules are scheduled to go into effect. Also, if you are planning to seek asylum, you should file your application within one year of arriving in the United States, even if you would qualify for an exception to the one-year bar (again, to be clear, you can still overcome the one-year bar and receive asylum, but you will not receive an EAD while you are waiting for a decision in your case).
One remaining question is whether these new regulations might be blocked by a federal court. I suspect that there will be a court challenge to the rules. If such a challenge succeeds, my guess is that it will succeed on procedural grounds–in other words, that the Trump Administration failed to adequately justify the new rule (this is the basic reason that the Administration’s efforts to end DACA failed). Asylum seekers have no right to an EAD. See INA § 208(d)(2). However, given that it is impossible to obtain asylum unless you have the ability to survive in this country during the pendency of your case, there may be a basis to challenge this new rule. Let’s hope so.
a new regulation is coming this time with regard of coronavirus pandemic. a person who comes from a country which is hit by virus is not eligible for asylum!!!!!!!!!!??????
😂😂. We have been here 5 years, and exposed to covid-19. Will it be Automatic citizenship?
Thanks you so much for the great job you are doing by answering our questions: please i want to ask if your asylum has been denial and you have been placed on deportation, will it be a good idea to leave the country by yourself to a different country since you can not go back to your country? My second question is how many times can you appeal. Thanks
I did a post that covers these points on March 7, 2018 – maybe that would help. If you leave, you will be considered deported, and will likely have a 10-year bar to returning to the US. However, normally, if you lose your court case, you can appeal to the BIA. That all takes several years for most people. If you still lose, you can go to federal court (it’s called a Petition for Review and is basically an appeal). At the end of the BIA case, you basically have to leave or stay here illegally (in some cases, you can qualify for voluntary departure, which potentially allows you to leave without the 10-year bar). If you go to the federal court, and that court grants a “stay of removal”, you can stay while that case is pending, but if there is no stay, you can be deported even while the federal case is pending. In most cases, if you reach the end of your case and have to leave, you can do so in an orderly way. It is rare that ICE will snatch you quickly and send you out of the country. In short, if you lose your case, you should have time to leave of your own free will and you can go to any country that will accept you. Take care, Jason
I am going to try to write something about this new proposed regulation soon, so maybe check back, but it is yet another attack on asylum. It’s hard to keep track of it all. Take care, Jason
Thank you Jason. Can you please clarify this statement if this applies only to people who accepted unauthorized followed by not paying taxes on it or it covers both who worked illegally(paid taxes) and worked legally (not paid taxes)? Not sure if it’s a continuation sentence or two different bars?
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The new EAD rules are particularly damaging when considered along side another proposed rule, which would deny asylum to people who work unlawfully and fail to pay taxes. “
Working unlawfully does not seem to be a negative discretionary factor in determining whether a person qualifies for asylum. However, most people who work illegally either do not pay tax or use fake document to pay tax. Either case would have a negative effect on the asylum case (assuming the proposed rule goes into effect). Some people are able to work illegally and pay taxes legally. It seems to me that such people would not face potential denial under the proposed rule (but I can’t say I am 100% confident in this conclusion, since discretionary factors can be viewed broadly and a decision-maker could use the unlawful work against the asylum applicant). Take care, Jason
I read this online, and it cracked me up. Maybe it will crack someone here up in this dark times.”Kanye West declared Saturday night he’s running for president with the tweet:” “We must now realize the promise of America by trusting God, unifying our vision and building our future. I am running for president of the United States. #2020VISION.” I can see it now: Kanye as president, his wife Kim Kardashian as first lady, his pal Elon Musk as attorney general, Khloe Kardashian as secretary of state and the rest of us moving to Canada, Mexico or any country that will give us asylum.
TINA, I know you find this far-fetched/funny; don’t be surprised if Kayne actually becomes a real contender for POTUS. I mean, almost everyone thought that Trump winning the presidency was impossible given his, for want of a better word, “unique” campaign for POTUS. You must understand that, in this day and age, anything is possible- even winning the presidency all while being woefully unqualified. The bar is not that high anymore.
Trust me Jamie, I am hoping that he is only pulling a publicity stunt for his album, because even if he does not win, he will increase Trump’s chances for a second term.
Here is the part that cracked me up – “can see it now: Kanye as president, his wife Kim Kardashian as first lady, his pal Elon Musk as attorney general, Khloe Kardashian as secretary of state and the rest of us moving to Canada, Mexico or any country that will give us asylum.”
Elon Mask was born in SA, so America will have vice president born abroad😉 and finally some asylum seekers will move to mars😂😂😂
Apt!
His platform sounds good. And specific. Ugh.
I think we will have a rerun of Trump. He is equally crazy. I hope the American people have learned their lesson already.
I just read that the Congress will approve funding for USCIS. There is always hope!
https://www.law360.com/articles/1289762
I think the House is advancing a bill to provide funding, but there is still a way to go before that happens. Call your Congresspeople and Senators (links are at right) and ask them to support funding for USCIS. Take care, Jason
Has anyone been in a similar situation and how to proceed?
So i am waiting for my EAD renewal(has been almost six months since my receipt date) and my DL has recently expired. I am wondering if i can renew it without an EAD like with the EAD receipt or Asylum pending receipt ? I live in California by the way i know some states have different rules than the other. Thank you
Off course you can renew your DL using a receipt
Maybe someone here knows, but I do not – it varies by state. You might call USCIS at 800-375-5283 and inquire about the pending EAD. If you have the receipt to renew the old EAD, that automatically extends the old EAD by 180 days, and that should allow you to renew the DL. If they are refusing, ask to speak to a supervisor, as you are eligible to work for 180 days with the receipt and they should extend the DL. Take care, Jason
Hey, Jason.
Thanks for what you’re doing. Is there any news/hope for the reopening of the embassies? You mentioned, I-730 families shouldn’t be affected by the ban earlier. The president extended the ban through Dec 31 and you think they should be alright if the embassies will be reopening soon?
Thanks
This is a good point – I-730 people are not affected by the bans (at least I think not), but if the embassies remain closed, that will affect them, as they need to process their cases. I do not know which embassies are open and which are closed, but certainly, if the embassy that they need remains closed, that will delay things. It is sometimes possible to process an I-730 case in a third country, if you can find an open embassy that is willing to take the case (you can email them to inquire). Take care, Jason
I just had received an email from a Congress man that he will inquiry about my asylum pending decision. Is that cans speed the decision or i will just catching a false hope.
Please advise me how to speed my asylum pending decision it been three years already and I had already an interview two years ago. Thank you Jason.
Hi Monda. May I ask if you are from a Muslim country affected by the Trump Ban?
No I am not from a Muslim banned country as of my knowledge.
Jason I keep on inquiry about the decision like twice a month. Whenever I have a panic attack, I send an email to Arlington office.
But this time I spoke with the congressman and he replied to me today.
What to do to get the decision? I have sever depression and I am having suicidal Thoughts.
The Congressman can make an inquiry. Also, if you have a doctor or are getting help with the depression, you might get a letter from the provider explaining that an expedited decision would improve your health. Maybe that would help move things along. If nothing else works, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Such inquiries often do not work, but they don’t hurt and sometimes they do work. In fact, one of my clients made an inquiry and the Asylum Office responded and sent the decision (which we are still waiting for). Wish us luck. Take care, Jason
Congratulations for the mailed decision Jason. Is Arlington issuing decisions?
Was the USCIS reply to your client a boilerplate or case specific. And how often do you recommend sending these inquiries.
We got a decision from Arlington last week (a grant), but that is only the first or second we’ve received from them since things shut down in March. Most responses are boilerplate, but that does not mean they are not helpful – maybe once in a while, the agency takes some action. In terms of how often to make inquiries, I will only do that one every 3 or 4 months, but I have hundreds of cases and inquiries are not particularly useful, so it is mostly a question of managing my time and not burning bridges with the government. For an individual person, he can make inquiries as often as he wants, but I would still limit is to maybe once a month or so, as I do not think they make a whole lot of difference. Take care, Jason
Hello Jason,
Quick question. Asylees are eligible to work in the US without work permits (EAD cards) what to do when an employer questions that eligibility?
Thanks,
You can show the I-94 plus a photo ID (like a driver’s license). This website might help: https://www.uscis.gov/i-9-central/63-refugees-and-asylees. Take care, Jason
Hello
Being an asylum seeker in usa will have any effect if you want to invest in any investor program in canada or any other part of the world…like UK
You would have to talk to a lawyer in those countries about whether an asylum case here would affect an application there. Such an application should not affect your asylum case, unless the country gave you permanent status to live there, in which case, you would become ineligible for asylum. Take care, Jason
Does anyone know or remember how long it generally takes to get a receipt from USCIS confirming that work authorisation renewal application was received?
I got mine in mid may 2020, it took around 2 weeks to get the receipt
It is not so predictable. We have seen it take anywhere from a week to well over a month. Take care, Jason
Jason something about these furloughs seems fishy , have you come to think that this is maybe internally on purpose by higher ups , working with the feds to collapse the agency to fulfill the anti immigrant rhetoric ? Something seems off here they could just go back to work and get new application fees but instead they’re being furloughed and Congress has paid
No attention ? I think this is on purpose to f”@ck us all . What do you think ?!
I completely agree that the purpose of the furlough is to kill USCIS. The problem started before the pandemic and is only partially made worse by the pandemic. USCIS has not even formally made the request to Congress for the money (at least that was the case a few days ago when I last saw news on this). I think there is a decent chance that Congress will fund the agency, but it won’t be because of anything the Trump Administration has done – they seem only to want to destroy USCIS. Take care, Jason
Hi sorry of my ignorant. , what is “furlough’ mean ??i read persons says this here often
Basically, they will be forced to leave their jobs and not be paid. The idea is that the furlough is temporary, but there is no guarantee that it won’t be permanent (or that the furloughed workers will find other jobs). Take care, Jason
https://www.youtube.com/watch?v=v-9Pu7J2j5g
check out the above video and check out the comment sections. I just want to get all your thoughts how we should deal with this ? I am afraid, so many people are supportive of ICE and Trump…do we asylum seekers have any hope of any support ?
And why there are so many in supportive of ICE in the comment but almost NONE in support of the undocumented immigrant ? Like, it’s completely different from what ACLU or other org told me. Like I have rights or such, since ICE agents can still arrest me whether or not they have a “warrant signed by a judge”. Argue with them ? they’d shoot me. And if I comply, I will be arrested and deported. I don’t know what I can do in this situation.
Asylum seeker, I feel you.
However, there are online comments too by people who regard us as human beings.
Listen, mostly the lazy Americans (black and white alike), are the ones that see us as economic threats, especially if you are hard working, have decent education, and money management skills. Because they consider us partakes of food stamps, they want us out because they are afraid food stamp will run out.
This same group of people are the ones who sell this great country’s citizenship for between $5000 and $15000 USD, because they are lazy and broke.
The people they sell citizenship to in the name of marriage turn around and recoup the money they paid them from food stamp, and government aid, because then, they have become eligible.
You know why we are their problems? Selfishness! We are on the high road by working hard, rebuilding our lives by honest means despite the uncertainty, with no aid from US governmen.
If you pray, keep praying. Your fear is valid.
I try not to mix up with people so they do not start asking questions of where I am from, and how long I have lived here. With those questions, they are simply wondering how you have achieved so much in such a short while if not for government money.If you cannot educate yourself, you just assume, right?
Note: A lot of black people detest immigrants from my experience.
If you find a first generation American, you have found someone worthy of your time, because from their parents experiences, they can relate.
Let us also keep in mind that there are people like Jason in this country.
Do you remember my post about someone who compared us to animals in the zoo?
In my experience this is absolutely true. In my line of work I meet many people everyday and in general black people seem to have a dislike for immigrants. They also seem to dislike Hispanics in particular (although I’m not one). Most white, Hispanic and Asian people I tend to meet are cordial (or they are really good at hiding it). As a foreigner this was very surprising to me as I expected the exact opposite (blacks to be friendlier to immigrants than whites). Again this is in my limited experience and doesn’t include everyone.
W, from my experience, and from other people’s experiences, your experience is the total opposite: Caucasian Americans tend to be the most vocally anti-immigrant. All the anti-immigrant videos that have circulated on social media are usually White Americans being the offenders (I can send a long list of links to prove). I have never seen a video on social media showing a black person being disrespectful to people because of where they come from, the language they speak, or their accent. Every immigrant that I know experienced homophobia from White Americans (this is not to say that there aren’t any xenophobic Black Americans. Xenophobia exists in every country and culture, even the countries that you guys fled).
You lied- or it could just be your own misguided perception of reality- when you said that Black Americans hate Hispanic American. This is garbage. If anything, almost everyone hates Black Americans, especially young Black men, from my experience. Besides, the level of distrust toward these people is unbelievable. As well, Hispanic Americans and Black Americans tend to get along well, though conflicts arise from time-to-time.
Your experience is unfortunate. However, trust and believe that Black Americans are the least of your worries as an immigrant.
It seems to me, in fact, that White Americans are the “gatekeepers” for who immigrates to the U.S. This has historically and traditionally been the case. What appears to be anti-immigrant laws, policies and rhetoric are usually systematically orchestrated and carried out by White Americans. It is a lot more serious/detrimental, from my vantage point, when there are laws and policies put in place to prevent asylum applicants from receiving refugee/asylee status, than regular citizens/natives, Black, White or Hispanic, telling you to go back to your country. Though law makers and the powers that be generally create laws and implement polices based on public opinion, one has to recognize that it’s the actual laws and policies that affect their lives.
Your attempt at scapegoating African Americans for the current “immigration woes” is very disappointing and dishonest, to say the least.
Jamie ,
I know you were addressing W’s post, and I am responding because he was on the same page with me.
The fact that you have not experienced xenophobia from black Americans does not mean it does not exist.
One thing I have noticed, time, and time again is that first generation Americans, regardless of race are more accepting of immigrants.
We cannot make a general statement that all of any race is accepting, or not accepting of immigrants.
It cuts accross all races, and not everyone of any race is xenophobic, but black Americans have their own share of xenophobia.
I said “a lot of black Americans”, not all.
In my experience, all communities have some level of xenophobia. Which groups are “worse”, I do not know, but one area where it plays out is in poor communities (often of color) where native born people and immigrants live together. For all sorts of reasons, many immigrants in those communities tend to be on an upward trajectory, while many native born people are stuck. Maybe one reason is that immigrants have better access to capital. In any event, this can create tension. Nevertheless, in terms of the data, it seems that blacks are somewhat more favorably disposed towards immigrants than whites. Take care, Jason
Jamie, Like I said this is based on my personal experience and it’s not one or two people. I was personally surprised as well as I did not expect this. I have a front line customer service role and I deal with at least 40-50 people a day. Tina seems to have had a similar experience. Other people’s experience might differ. It may also be that white people and others are good at hiding their displeasure at immigrants. I also agree with Tina that African immigrants are completely different. One of our closest friends are a Nigerian family but they don’t regard themselves from as a part of the African American culture since they are culturally very different. This is an just a personal observation and not a broad brush against all black Americans.
It’s an interesting question – the polls I have seen (Gallup and Pew) generally show that Blacks have somewhat more favorable views of immigrants than Whites. How that translates into inter-personal conduct, I do not know, but at least the statistics that I have seen disagree with your observation. Take care, Jason
Jason, thank you for putting that out there. We are not saying that White Americans are bad people; the fact is that, Black people- perhaps because of some commonality- TEND to be more favorably disposed toward immigrants, like Jason said. We are also NOT saying that all Black Americans favor immigrants; however, evidence (both anecdotal and scientific) suggests that White Americans tend to harbor more xenophobic sentiments than their black counterparts.
When I just came here, my first job was a cashier. And, majority of the workers were either Black or Hispanic. So, you telling me you work on the front line does not change my opinion/have any effect. I could also tell you that I have studied ( A LOT) of American history and sociology. And, let me tell you, again, Black Americans are the least of your worries as an immigrant.
Let me say this, though: I have met some VERY nice White Americans and many have no issues with immigrants, so long as they are good people. I have also had two unfortunate incidents with 2 African American ladies- one at a laundromat and one on the subway- when I just came to the US. When they heard my accent, one told me that I have no rights and one told me to go back to my country. Did I take these sad experiences to mean that Black Americans are more anti-immigrant than White Americans? Absolutely not. Why? the evidence suggests otherwise.
My working theory has always been that most people just want to be left alone. It’s the ones that seem to want to mind other people’s business that are the problem. Take care, Jason
Folks I hope we could avoid such topics. I have the opposite experience but I am only one person. Also be careful that sometimes people could be negative to you because of something else and not necessarily because you immigration status. And it also depends on what part of town you live in and the economic status of the people you are dealing with.
My experience is that the majority of the American people are decent and still welcoming regardless of race or creed. Note that they still harbor, hire, and protect more than 11 million illegal immigrants living in the country. And if they wanted to throw them out of the country one day, they can, trust me they are a powerful people and the power of the federal government is unimaginable. Along the same line, for asylum seekers/asylees, if Trump had not faced push back from principled and pro-immigrant groups we would all probably be out of this country by now. Forget about the constitution/laws etc. we have seen that the government had effectively ignored them in the past (e.g. all men are born equal, equal protection etc.).
“there are online comments too by people who regard us as human beings.” This is where we are these days – it’s a pretty low bar…
Many people are not happy at all about how ICE is operating. This incident seems similar to others that helped spark the Black Lives Matters movement, and I do think that conversation is relevant to non-citizens as well. You do have certain right if you encounter ICE agents – you can Google “immigrant know your rights” and find info about that. Take care, Jason
I am afraid that I will never receive asylum…Trump will for sure be reelected. Why ? because the silent majority doesn’t like immigrants taking their jobs, and I don’t find those “immigrants driving or stimulating the economy” argument too convincing myself. So I don’t think conservative or independent voters will buy that either. The BLM thing and border crisis will just motivate more and more law and order voters to come out to support Trump or other Republicans. I am just surprised that so many people don’t see that.
Back to my question, so it is likely that I will not receive asylum. Is prosecutorial discretion still a possibility ? For those who don’t know: it’s a situation that you give up your case, so USCIS won’t spend resources pursuing it further, but the applicant will not have a chance to apply for green card or citizenship. S/he can’t travel overseas. S/he can work. It’s a compromise between the applicant and the USCIS.
Asylum seeker: I don’t know why immigrants and asylees are not truthful. I’ll be the first one to admit that America didn’t need me and can easily do without me but I need America to protect me. I agree that most people including immigrants do not believe this idea that immigrants are driving the economy. It feels like a false sense of entitlement that “We drive your economy so grant us green card otherwise your economy will collapse.” This is the general narrative used for asylum, DACA, h1 etc. If this was true then our countries of origin would have been great and we would not have to seek refuge elsewhere. That’s why many people don’t believe us. I think we immigrants should all face the truth – we need America more than America needs us. However if given an opportunity we will strive to contribute and build this country.
Dan, you are correct.
Yes, we need America. However, I doubt that asylee was making a point of America needing him more than he needs America.
The point you seem to be missing is the fact that some Americans see asylees and asylum seekers as economic migrants, and people coming for free lunches.
I take issues with that because that is not true.
It’s also true that we need USA more than she needs us, but why dehumanize immigrants.
The point is, we need America to protect some of us, but we also have the right to make the point that we are not after social welfare. That is a point you need to note.
It is not about economics for the countries we are coming from, there is more to it.
Except for the natives, everyone has a history of immigration by 1 or more generations, so America was built by immigrants.
Tina: I definitely agree with you and in fact I was actually agreeing with asylee. He was mentioning that it is unlikely that most people believe that immigrants drive the economy and American economy will collapse without them. I suggested my agreement with that statement. And I totally agree with you that immigrants do not need to be dehumanized. That’s not what I was suggesting. I said that given an opportunity we will strive to contribute and build this country, Which clearly implies that we are not looking for welfare.
I do not agree that immigrants need American more than America needs immigrants. Maybe on the individual level that is true, but there have been many studies showing that immigration has contributed greatly to our economy and to our ability to innovate. Even refugees – who you would think would drain the economy – are actually contributing more than they are taking (according to a study commissioned by the Trump Administration, which the Administration tried to suppress when they did not like the results – I wrote about this on September 27, 2017). I am sure our country could get by without immigrants, but we would likely decline economically, politically, and as a world leader (I guess we are doing that now, but mostly because of our inept leadership). Take care, Jason
I agree than overconfidence is not the right approach. But I still believe that there’s a great chance that we won’t have a Trump administration for the next 4 years. The polls are extremely unfavorable to him right now (take this with a grain of salt). The pandemics is exposing a poor leadership overall. The election is 4 months away. Stay hopeful my friends. I don’t think there’s anything that could be worse than the incessant attacks immigrants have faced from this administration the past 4 years. Immigration has become very polarized/politicized and personally I’d not advice people to immigrate to the US right now. But every situation is different and a lot of people have absolutely no other choice.
Let us all hope for a better future.
My bigger fear now is that Trump will find an excuse to step aside and a new Republican candidate will win and keep the current Administration’s policies. Everyone who cares about this country should be working for a Democratic win this fall. I was never a fan of the Republican party, but these days, it has gone off the deep end, and our democracy really is in danger. Take care, Jason
I’m not particularly optimistic about the election either. We shall see. As for the question, prosecutorial discretion or PD is no longer a thing. The Trump Administration eliminated it probably in 2017. We are still seeing people granted asylum, so I do think there is hope for a successful out, but the waiting periods are often extremely long. Take care, Jason
Jason,
You really think he will step aside?
I doubt it.
I agree. The Republican Party has embraced a sort populism that mimics fascism. I lived here long enough to notice the transformation. The Republican Party of General Collin Powell, Condoleezza Rice, or even Mitt Romney, John Kasigh and McCain (to a certain extend) is no more. Not that I’m a huge fan of those, but I’d take any of them rather than Trump any time of the day. This is why I strongly support a Democratic take over of senate and the White House in November. Immigrants can play a part in this election. Even though immigrants do not have the right to vote in a general election, do your part, get involved, volunteer. It’s very important that Democrats keep the momentum. Especially in swing states. Electoral colleges matter not popular votes (unfortunately).
Well said – although non-citizens cannot vote, they can do a lot. I plan to do a post about this in the future, but it is easy to volunteer by Googling “Joe Biden volunteer” or “Democratic Party volunteer”. My neighbor (originally from Tunisia) is writing 50 letters a day to encourage people to vote. She is volunteering through the NAACP. Take care, Jason
I don’t think he will, but he might. And if so, that would increase the chances of another Republican Administration. Take care, Jason
Hi Jason,
Thanks for posting. I’m an asylum seeker who applied on February 2016, and my application is still pending. I also applied after one year of my stay in the States. Without the EAD I won’t be able to survive, and I’m wondering if those new regulations will affect my future EAD applications!!. My current EAD will expire on February 2021, Do you think I need to renew the EAD before August 25th? Thank you so much.
The new rule about denying EADs to people who filed after one year in the US does not apply to you. It only applies to people who file for asylum after August 25, 2020. You can renew your EAD up to 180 days before the old card expires. No earlier, or the renewal application could be rejected. Take care, Jason
It is absolutely terrifying that congress has not responded to USCIS requests for funding . Immigration system is coming to a halt and it might be indefinite . Some people are happy as they label USCIS employees evil for their lengthy processes . What they don’t realize is that if the agency collapses , the future of Immigration processing is uncertain . Are you making your readers aware of this and mentioning the petitions to Congress ? During this time it is vital that you make them aware through your platform.
I posted about it two weeks ago with a link to a petition. Take care, Jason
Hello Jason, i was wondering if you have done individual hearing court on these days so far??? if yes how was that? in person or phone? how about the questions and what about interpreter and DHS officer?
thank you so much for supporting us.
I have not had an individual or master hearing since the shutdown, though I have several individuals late this month and I expect they will go forward. I expect the interpreter, the DHS lawyer, and the judge will all be there in person, and I expect that it will not be entirely safe. We will have to see how this goes – some courts are already open – in certain states, and all detained courts are open, though many of those cases are done remotely, so things are already operating to some extent. Take care, Jason
Thank you so much, could you let us know when attend to the court for hearing how was that and if they postponed it or not? thank you and be safe.
Limited number of court hearings are going forward in my area. The Baltimore court opens today and Arlington opens next week, though the case I had next week in Arlington was postponed, other cases will go forward. Take care, Jason
Hey guys I just wanna know if someone here as an asylee , already applied for the green card before the 1 year requirement?
If you file before one year, you will likely have the application rejected or worse, denied (and lose the filing fee). You should wait the full year and keep in mind that if you left the US, you have to add extra time. So if you left for 2 weeks, you have to wait a year and 2 weeks before filing for the GC. USCIS is rejected and denying a lot of cases, so it is best to err on the side of caution. Take care, Jason
Thank you so much for your prompt answer.
Hello Jason
I filed for asylum in 2020 and by the end of July there will be 150 days passed since the filing date. I have not received a fingerprint invitation yet. No one among my friends got it (I mean those who filed in 2020). This is due to COVID-19 probably, because the offices are closed. My question: Can I file I-765 if I did not pass the fingerprinting procedure? Thank you.
It’s a good question, and I have not seen any guidance on that point. The first EAD is free, and so I would file for it, even if you did not get the fingerprints done. Take care, Jason
HI Jason,
If I apply for EAD before 25Aug, will i be granted EAD as per new rules or old rules?
Thanks
Rick
I think it depends on the issues in your case. In terms of the 365-day waiting period, I think it affects everyone. So if you file now (before August 25, 2020), and these rules go into effect, you have to wait a year to apply for the EAD. Take care, Jason
One obvious reason to bail out USCIS and avert a mass furlough: those 13,400 workers will need to go on unemployment. So government ends up paying either way, and might as well keep them in their jobs running immigration system and generating revenue.
Hey Jason and asylee, I am about to file for my application to adjust status I 485. I am the dependent and I am stuck on part 8 , question 17 & 18. In fact , I came here on F1 visa and later my wife that met here added me on her asylum case , I have stopped going to school and we have been denied asylum and sent to immigration court where we have been granted asylum.
I just wanna know if someone here can help me to answer those 2 questions.
You might post the actual questions here and I (or someone else) can try to answer. However, many of these questions are not easy to answer with a yes or no. For such questions, you can answer as you think best, circle the question, write “see cover letter”, and provide an explanation in the cover letter. As long as USCIS does not think you are lying or trying to hide something, you should be fine (also, be sure that the I-485 is consistent with the I-589). Take care, Jason
Love your analogy Jason. Considering the other undue restrictions trump has been rolling out, asylum as we know it is gone now.
I remember one of your posts a while back where different activist groups kept expanding who qualified for asylum including taking the government to court. We have a backlash now. And there does not seem to be a stop to it.
If Trump is out and a more rule-of-law oriented person comes in, the situation should improve, but we shall see. Take care, Jason
Hi Jason
I applied for asylum after 2 years entering the country being in legal status and still waiting for interview. My current EAD will expire June 2021. Am I going to get EAD after the rules go into effect when I file renewal early next year.
Regards
Since you filed for asylum before August 25, 2020, your EAD eligibility should not be affected and you should be able to renew the EAD normally. The soonest you can file to renew is 180 days before the old card expires. Take care, Jason
https://actionnetwork.org/letters/tell-congress-to-halt-uscis-furloughs?source=direct_link&
Send letter to congress to stop USCIS furloughs .
Hi all,
Did anyone recently receive a mail from USCIS about change of address, and a checked box stating that interview will be scheduled in the future as resources permit?
My anxiety level peaks at every little thing, so I was wondering if anyone else got this letter.
I moved, and my attorney has since updated my address with uscis.
This letter was from my asylum office, by the way.
Anyone familiar with this, kindly respond.
Hi Tina; Is this going to be your first interview? When did you file you file your asylum application and what center did you file?
I did not get an interview notice.
The letter says interview will be scheduled in the future.
I was wondering if anyone ever got such random letter asking for correct address, and stating that interview will be scheduled in the future.
What office ?
Hello everyone,
I am happy to share with you that I was granted asylum. Here is my timeline:
Applied July 15th 2018
Interviewed March 14th 2020 (Chicago office)
Approval June 30th 2020
I am from a Muslim country (not a banned one). I have a f-1 visa and filed in my first year.
From the bottom of my heart, I wish you all good outcomes as soon as possible, I know how frustrating this whole thing is. The only thing we can all do is remain hopeful.
Jason, you are a god sent. you, your blog and this community have been a beacon of hope in this dark and grim journey. There is a special place for you in heaven, I am sure of it.
That’s great news BOB, congratulations…..Thank you for sharing……Would you be able to share which country you are from…..I am also from a Muslim country Pakistan and I am still waiting for my Asylum interview and hoping it will be scheduled soon……….
Thank you for the kind words and Congratulations! I wish you the best of luck in the USA. Take care, Jason
hello jason,
I filed mailed my AOS last friday june the 26th to Texas service center. It was delivered on tuesday the 30th morning time, they didn’t cash the check yet but I’m a bit worried as i just noticed a that USCIS texas service center moved to a a new address on the 26th though they didnt update their where to file webpage with the new address, do you think that my package is sitting somewhere in the old address ? Or USPS will auto deliver the mails to the new address ?
Supposedly, the new address was not working until June 29. My guess is that you are fine (we also mailed a case to the TSC on June 26, and used the old address). Keep an eye on the check to see if it is cashed, but I would not be surprised if there is some delay in issuing the receipt. Anyway, at this point, there is nothing you can do and it is probably fine. Take care, Jason
Does any one received EAD renewal? I have applied late April and I had changed my address On different service center last year.i am worried if the change address affect the renewal process. I want to know if they are working on EAD renewal?
Some of our clients have received EAD renewals recently. I think they are still working on such cases – when and if furloughs go into effect, it may be a different story. Take care, Jason
Hi,everyone !
Who can explain this :This morning my friend’s status changed and it says that Decision was mailed to him.His asylum and EAD clocks are still running. What does it mean to those who have such experience ?
Thanks 🙏
People on this forum have said that this situation indicates that the case is referred to court. However, you really have to wait for the letter to know. Take care, Jason
Hi Jason.
If I leave this country with a pending asylum case will it result in 10 years entry ban (since I’m here for >5 years with no status)? If yes, is it possible to get a waiver for that? If no, when these 10 years start to count?
I appreciate your hard work on this blog. Thank you.
If you have 5 years of unlawful presence (meaning, you had no status and your asylum case was not pending) and you leave the US, you will have a 10 year bar to returning. There are waivers available for that – there are different waivers depending on how you are trying to return to the US. That may allow you to return early. Also, if you leave, you should inform the asylum office and ask to withdraw the case. If you do not withdraw the case, eventually, you will get an interview, where you will not show up. You will be denied, referred to court, where you will again not show up, and then get a deportation order, which will also bar you from returning to the US, and which would require an additional waiver. Take care, Jason
IF ANYONE STILL HAD DOUBTS ON HOW THE USCIS FURLOUGHS WILL AFFECT THEM DIRECTLY OR INDIRECTLY HERE ARE A FEW COMMENTS FROM USCIS WORKERS
“ Let me tell you something about @USCIS employees. They are scared & stressed about losing their jobs, but in the same breath lament the burden the furlough will place on applicants. These are the kinds of people we want in federal service. We are failing them tremendously. “ Amanda Baran from DC (DHS)
“ As an employee, I want to sincerely thank you for this tweet. It’s awful enough to consider what the furlough will mean for myself and my family, but I HATE thinking about the horrible impact it will have on applicants and their families as well. We just want to do our jobs “ Brittany Marie , Nesbraka Processing Center
IF YOU BELIEVE A MONTH OR TWO OR 6 OF FURLOUGHS IS NOTHING ,WAIT UNTIL YOU SEE BACKLOGS GROW x4 TIMES IN YEARS AND MASSIVE COLLAPSE .
YOUR WORK PERMITS , INTERVIEWS , GREEN CARDS , PETITIONS , ANYTHING AND EVERYTHING IS AT RISK
CONTACT YOUR CONGRESSPEOPLE NOW
Apparently Senator Leahy (Vermont) is working on this issue, so contacting Senators (and representatives in the House too) may help. Take care, Jason
Hi,everyone,
What does it mean your the USCIS portion of the EAD Clock is currently running when they issued a decision on your asylum case?
Help me understand this.
God bless you all
Referred to court, I guess. Wait for the letter though because I may be wrong.
No agreed in February I got interviewed and asked to receive your decision after two weeks but two days before asked me not to come office due to COVID19. We mail your decision. My status shows decision mail. I got approval in mail with DHS new i94
Hi ILyAs
Congratulations on your grant
May you please share your office and timeline
Its going to give us hope, thanks
Wendy
Arrived in US May, 2017
Applied Nov, 2017.
Expedited request Dec, 2018 No answer
Expedited request second Jan, 2020 approved.
Interview Feb, 2020 Los Angeles.
Recommended Approval Mar, 2020
Asylum Approved April, 2020.
Like Tina said – people on this forum have posted that this may mean a referral to court, but you have to wait for the letter to know for sure. Good luck, Jason
It will be very sad if referred to court I guess.
True, but if that happens, you should not give up hope. We have seen many cases that get referred to court are later approved, so losing at the Asylum Office does not necessarily mean you will lose in court. Take care, Jason
Hi Jason,
I was wondering if there is anything that can be done to stop these rules from getting final? Is there any hope for the new asylees. Waiting for 12-14 months without any work seems difficult, how can one survive? Do you have any suggestions on what should one do in this situation?
Thank you.
The effect is going to be crushing.
Two things: 1 – Hopefully an NGO will bring a lawsuit to stop the rules (and hopefully a judge will agree), and 2 – work to elect a new, less hostile Administration in November. Take care, Jason
Hi Jason,
Thank you for the great work you have been doing. These new rules are absurd. I applied for asylum a few weeks ago, while being on student status all these years (country conditions changed), I still am. I entered the U.S. last time at the beginning of 2020. Does this mean I am ineligible to get the EAD?
Referring to “examples of people who are ineligible for an EAD include those who have maintained lawful status during their entire stay in the U.S. before filing, and people who decide to seek asylum after circumstances in the home country changed, causing them to fear return.”
Or these apply to the people who are filing after 1 year, on or after Aug 202?
Please clarify. Thanks.
It sounds like the rules do not apply to you – you have been here <1 year before applying and you applied before August 25, 2020. Take care, Jason
Dear Jason,
I applied for asylum in May and have not received the initial receipt yet. I asked you about it a week ago if you remember :-).
Today, I e-mailed the asylum office for inquiry. But received the following an hour ago:
“Dear Applicant,
The Nebraska Service Center currently has an extensive back log for processing cases. It is recommended that you resubmit the i-589 with proof of the previous delivery attached to the new application.
Sincerely,
SF General Inquiries
San Francisco Asylum Office
75 Hawthorne Street
San Francisco, CA 94105”
Could you please help me understand what this means. Do I have to reapply again? Very confusing and frustrating.
Look forward to hearing your kind recommendation.
All the best regards
NEM
I am not sure what it means. I forget whether you sent the I-589 using certified mail. If so, you should have proof of delivery. If you have that, I would not re-file, at least not yet. In the Spring, receipts were taking about 2 months and sometimes longer, and so I would give it more time. On the other hand, I guess you can re-file (though again, I do not recommend that – at least not yet), but if you do that, include a cover letter stating that you filed previously and including whatever proof of mailing that you have. Also, if you re-file, use certified mail so you can get proof of delivery. Take care, Jason
Dear Jason,
Yes, I sent my I-589 application using USPS certified mail. I have the proof of delivery and tracking says:
“Your item was delivered at 7:22 am on May 22, 2020 in LINCOLN, NE 68501 to INS. The item was signed for L MILLER.”
Do you think it is enough evidence that USCIS received my application?
As you recommended, I am going to wait another month for the receipt.
Thank you so much Jason. All the best.
I do think that is good evidence, and hopefully you will receive the receipt soon. I’m glad it was not signed by S MILLER. Take care, Jason
That made me laugh!
I’m happy that someone understands me. Thank you, Jason
Dear jason. Thx for all your help. I also applied for asylum more than 4 weeks ago and has not received ny receipt yet !!!!! I wondered how does the initial receipt takes such a long time at the same time that the uscis said on their website that anybody who filed for asylum should receive an interview within 45 days of their receipt of the application ??!!!! Is not a contradiction. The first step of the asylum process takes more than 6 weeks how come i am expected to receive an interview within 45 days!!!!
Very few (if any) people receive an interview in 45 days. Receipts were faster; then they slowed down in the Winter and early Spring because USCIS was putting them under a microscope and looking for excuses to reject them. In our experience, things got faster in the last couple months, at least at the Texas Service Center, but overall, I think receipt times have become less predictable. Hopefully, you mailed the case by certified mail and have proof it was received. If so, you should get the receipt soon, and I think 4 weeks is too soon to worry. Take care, Jason
I did and have the proof of delivery to vermont service center but it has been 5 weeks now.so when can i start to worry ???? One more thing. I have a serious health issue and i have a dr letter stating that i am having a life threatening condition and need to start medication right now so can i start an expedition based on that or i have to wait for the receipt ???????
If they received it, you should get a receipt (or sometimes, they return the application for petty issues related to the form). We have had receipts take up to two months. Unfortunately, without the receipt, there is not much you can do. Maybe you can email the asylum office directly and ask whether they know about an application being received – you can find their email if you follow the link at right called Asylum Office Locator. You can also try calling USCIS at 800-375-5283. I do not know if these measures will help, but they won’t hurt. In terms of expediting, I think you need the receipt, but I guess you can email the local asylum office and ask even before you have the receipt. Things are such a mess now that the likelihood of expediting is probably low, but there is no harm in trying. Take care, Jason
Thanks to the Lord I got my asylum in Early 2014 and became a citizen last year. It took me 4 years to go through the asylum process and I thought that was a horrible and tough time. Little did I know what was coming. Good luck to all the new applicants. But I am surprised why people are shocked at this. It’s not surprising since trump mentioned all this during his campaign. It’s a wonder that he waited until his last year to do this.
I kind-of agree with you – this is not a surprise, and the only question is why they waited so long. I think the reason is that they had no idea what they were doing. I called it maliciousness tempered by incompetence. Lately, they have been more effective at being malicious. Take care, Jason
Hay Dan, would you please tell us when did you apply? Just trying to figure out how long it took to process before 2014. Thanks
I applied asylum in 2010. Got rejected and sent to court. The court date for postponed and next date was 1 1/2 year later. At the time I thought that the 4 years time it took for the process was ridiculous. Now I’m hearing that it takes 4-5 years to get the first interview itself. I’m not sure how long it takes to get a date if you get sent to court. Then I got my green card in 6 months in 2015 which was backdated. I applied for citizenship in early 2019 and got it after 4-5 months in June
I have to knock on wood, it’s like everything happened with perfect timing when I filed in 2018 and received asylum in 2019. 2019 is like a different era when I think about all the successes and failures too. My former roommate, I wish him all the best, even though our friendship soured recently, I wouldn’t want to be his position right now.
For me going forward, I hope my green card application doesn’t get significantly delayed.
Hi all, just got news that our friend had her asylum case approved. She had her interview about a year ago in Omaha. Hers was a gender violence case. She fled for her life. Had the proposed rules gone into place and been retroactively applied, she would have been denied. With all this bad news, I thought you all might like to hear a positive story.
Thanks for sharing the good news!
Thank you for sharing. We also recently had a case approved based on FGM. Most decision-makers are still trying to follow the law, and so that is one thing that gives me hope. Take care, Jason
Yes, I agree with you. I helped file an AOS along with an I-130 right before the quarantine started with the detroit office. The average wait time is 14 months. The beneficiary was approved and given a green card a few days ago. Employees are rushing like crazy before they’re furloughed or before these draconian new rules are implemented!
Hi Jason. I am Asylee and my Family got YY visa on i730 form in my Home Country.They are coming usa in mid of August.Some body told me that immigration officers do not accept YY visa too and say that it is ban like other visa holders upto December.My Family entry time ends in september.
My Question is that what an extra document can support them on immigration desk, from my Home country US embassy or State Deptt? i am confused.Plz guide.Thanks.
As far as I know, people coming based on an approved I-730 are not blocked. Maybe there are issues based on coronavirus, but as far as I know, there are no travel bans blocking such people from coming. Take care, Jason
Hi Jason and Anyone,
Anyone have experience on the timeline for texas.
EAD extension I765, the case received on April 14.
Status showing case update fingerprint was taken on April 20.
Does anyone know the time frame?
Thank you
You can check the processing time at http://www.uscis.gov, but things keep changing. We have seen most renewals take between 4 and 7 months. Take care, Jason
Hey Jason,
Your blog says “second major change is that people who file for asylum on or after August 25, 2020, and whose asylum application was not filed within one year will not get EAD”
I saw the following on page 61 of the document- [https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-13544.pdf]
“DHS is applying this provision to any alien who filed his or her asylum application on or after the effective date of this final rule, and filed the application after the one-year filing deadline.”
So, at least this won’t be applied retroactively right(meaning people with EAD who have filed after a year can continue applying for renewal of EAD)? In that case, it’s a little less cruel.
Also, the document says it’s the final rule, does USCIS make any more adjustment before it goes into effect?
Correct – This provision does not apply retroactively. Also, this is the final version. This rule was announced a while back (last fall maybe) and there was a comment period. It is supposed to go into effect next month. Maybe it will be blocked by a court, and that could cause the rule to be modified or blocked altogether. We will have to wait and see what happens. Take care, Jason
Very sad to see people talk over renewal for job permits when the reality for everybody is that delays and backlog was grow bigger Because they are firing workers at usacis! And no body seems to think this is true. Sad time for us and you should shine light for this
Probably, the backlog is not growing because of a significant drop in new applications. I saw somewhere that new applications drop by 61%, so furlough for 70% of employees shouldn’t slow processing too much.
And workers are not fired, they are on furlough. So, don’t panic.
A 70% cut in employees will have a major impact, given that so many cases are currently pending. Also, while these furloughs are technically temporary, it seems the Trump Administration is planning to extend them indefinitely. Maybe Congress will step in to fund the agency, but that is very uncertain at this time. Take care, Jason
Hello Jason and everyone out there
I filed my case at th Newark office August 2016?when can I expect an Interview?within a year or not?
What of you are unable to pay your taxes?will it have a effect on ead renewal?
No one can say when the interview will be, as the system is a complete mess. As for taxes, that has no effect on an EAD renewal. However, under new proposed rules (which I wrote about last week), failure to pay taxes is a significant negative discretionary factor, and so if those rules go into effect, you should do everything you can to make sure your taxes are in order. If not, your asylum case could be denied. Take care, Jason
Hello Jason,
I am out of work due to coronavirus, and getting unemployment benefits. All taxes are withheld from these benefits weekly. Could my unemployment status, getting benefits and paying taxes from these benefits, be a reason to deny my asylum case? can it all affect my case?
Thank you
This should not affect your asylum case. The only effect is if you are required to pay/file taxes and you do not do that. Talk to a tax professional to be sure about this. Take care, Jason
Hi Jason, thanks for the update. It is a horrible news. This days we are not getting a break.
I was wondering if this is going to affect EAD renewals. What is the word on EAD renewals? Is there going to be the same restrictions and delays?
Thanks!
As I read the rules, there is no effect on EAD renewals, and you can renew as before. Take care, Jason
Thanks for the quick response!!
Thank you so much for what you are doing Sir.
I apply for Asylum 2016 till now still waiting on interview. If anyone can me Answer this question I will highly appreciate. My work permit expire 05/2021 Do I need to file for renewal before August 25,2020??
Whenever I think of this whole immigration issue I feel like am about to lose my mind 😭 my whole family is back home life isn’t easy without them my husband and kids . God help us
You can only file for your EAD renewal 180 days prior to your current card’s expiration. In your situation, you have to wait till November-December 2020 to do that, depends on what date your card expires.
The new EAD rules do not apply to you, and so you can renew the EAD normally. The earliest you are allowed to file is 180 days before the old card expires. Take care, Jason
Hi Jason. Does this mean people who have applied for asylum after the 1-year bar (due to keeping lawful status) and have had been approved for EAD and used their initial EAD for two years, will not be able to renew their EAD after their old one gets expired after August 25, 2020?
I don’t think so. As I read this, people who file for asylum after August 25, 2020 and who were in the US for more than a year before filing for asylum are not eligible for an EAD. If you already filed for asylum, you are eligible for an EAD, even if filed for asylum more than one year after arriving in the US. Take care, Jason
Dear Edvardo,
I think you must be careful in using the EAD when you are in lawful status. It is only a matter of time before they announce that use of EAD is a violation of immigration status.
Best
Shoombool
Good Morning Mr. Jason,
My EAD Expires by October 2020 and I am filling up I-765 for Renewal.
Do I need an Attorney to fill up and submit I-765 ?
I already filled up myself.
Please reply.
With Thanks, Regards
James
It’s up to you, but nothing has changed in terms of renewals, so if you did it before without a lawyer, you can probably do it again. Take care, Jason
Hello Jason
How shocking that tbey trying everything in the power to keep immigrants out or to discourage us. It’s really sad! Let me ask you, normally if you have a EAD & you need to fill for new one. They will send you a letter to say you applied for new card & that letter you can show to employers & DMV. So you can continue working! Will we still get this letter during this new long waiting period?
Seems like the only one that can help us at this moment is God! Sad day.
For people who already have an EAD, they should not be affected by the new rule. I imagine USCIS will continue to send the 6-month extension when you file to renew and expiring EAD.
Thank you Jason.
With the many Trump rules and up coming ones to please his base in an election year, one can only pray that God touches their hearts to imagine themselves in the position of the invaders.
I read a post yesterday where one of his supporters likened us to animals in the zoo, because according to the ignoramus that put up that post, you visit the zoo, and not take the animals home,because they will not only come for your food, they will kill you. He finished by saying, “build us a beautiful wall”.
Why are some people so arrogant and ignorant?
Trump and his dumb F##KING supporters are beyond logic or reasoning or even common sense. The only hope Asylees have is to survive the next 4 months until the next election and hope and pray that Biden wins so that we can at least have an end to this hatred, bigotry and cruelty towards Asylum seekers. Trump has surpassed all limits to his cruelty towards Asylees and Refugees. Even these comments that we put on regulations.gov will not achieve anything. Asylees basically have no practical rights in USA, the government can choose to do whatever they want with us. Even the courts will not block these new heinous proposals against Asylees because Judges in the supreme court are also highly anit-immigrant and hateful and biased against Asylees. Judges are people too and most of them support the hateful ideology of trump admin towards immigrants and asylum seekers. America right now is the worst country in the world to be living in. America was a great country 4 years ago but trump made it the worst place in the world.
Americans would rather show more compassion towards animals than they would show towards other human beings. They simply do not care if you are tortured or persecuted or killed as long as they enjoy their own lives, everything is great for them. Asylees can go die in hell…..
Sure! @their regard for animals.
Someone’s dog once bit my child about 2 years ago.
She called me and told me it was a little scratch during a dog play, and that she had cleaned it up, and taken care of it.
She sent my little child home with expired antibiotic ointments, and some bandages.
When I got home from work, I saw the deep dog bite close to my child’s brow. The scar is still there today. I just called my child to see.
I called her, and told her it was beyond a scratch.(oh my God, I hate that I am talking about this). I had no insurance at the time, and insisted that she drove us to the hospital that night.
She came , took us to the hospital, paid the bill’s and severed the relationship formed in church.
Only after the fact did I learn that she was protecting her dog from being taken away or quarantined, at the detriment of my little child’s life. I totally understand BLM.
This was a freaking shouting Christian who was supposedly doing me a favor by having my kids come over on a play date.
Jason, if all people who practice the Jewish religion are like you, I have been giving conversion a serious thought. I do not want to abandon my spirituality, but I am highly discouraged by the attitude of some Christians in this country. Guess who sets the standard for christianity now? I am so appalled by the hypocrisy. You know what they say, go back if you do not like it, hun?
As I write about that dog incident, it grieves me so deeply.
Asylee, you are on point . Their nimals are more important than us.
Many Trump supporters are giving Christians a bad name. Many good Christians are standing up to this, but not enough, especially in the Evangelical community. If you want to renew your faith in Christianity, take a look at a book called Irresistible Revolution. Take care, Jason
Will do. Thanks!
Hi Tina,
I am sorry to hear about your bad experience with this person. I hope your child recovered and is healthy now. Some people can be very selfish. I don’t think this person that you had this encounter with knew anything about Christianity. As far as Christianity goes, I am a christian from a middle eastern country and my parents were also christian missionaries. Jesus Christ preached a message of love but apparently these so called American conservatives who call themselves Christians are as far from Christianity as any one can imagine. These hateful people do not even deserve to call themselves Christians. They tend to bend Christianity in a way that suits and benefits their personal greed. They are extremely greedy, selfish, hateful, ignorant and cruel.
I have read the whole bible (both the old and new testaments), I don’t remember Jesus saying any where that you can separate children from their parents on the border and detain them cruelly in horrible conditions in detention centers. Do Trump and his supporters even realize the horrendous crimes they have committed. These children who were separated from their parents have suffered severe psychological problems. They will never be able to recover from what has been done to them.
These so called American Christians are the worst hypocrites who have ever lived. They would rather see their dogs and cats living in a better condition but they prefer that all Asylees should be detained like animals in these horrible immigration detention centers or should just beg for food I guess without work authorization. So many children, teenagers, adults die in these horrible detention centers yet many of these trump supporters wont even blink an eye on the immigrant’s current condition.
America calls itself the wealthiest country in the world yet they exhibit horrible amount of greed. Apparently America can spend 800 billion dollars on it’s defense budget but does not even provide free healthcare to it’s people. Every single thing here is based on corporate and political greed. Everything has to be about the F##king money. If an Asylee fails to pay taxes then just let him face torture and die.
Thanks, asylee.
Tina I advise you to form a relationship with God and Jesus instead of any one else. If need be pray alone, these churches its earthman connections, spiritual connect its one on one with your Maker. Mordecai and Esther used to pray in secret for years. Also try not to judge. Elijah once said to God Im the only one still respecting your convenent, and God said NO. There are 7,000 others. Among them was Elisha who later took over from Elijah as the prophet.
Daniel, thank you for the advise.
However, I hope you are not implying that calling out hypocrisy, and hate is being judgemental. We all sin in different ways, and none of us has the right to judge anyone! Hate is just not what Christianity is about.
I failed to understand your point, but you may want to take a look at 1st Corinthians 13, to understand my point based on what the bible says about love, and the rest of our Christian practices.
I have not seen any Trump supporter who does not identify as evangelical. Very ironic, and I wonder which bible they read.
I am not judging anyone, but there is nothing wrong with calling hate and prejudice out.
Tina, it’s “funny” you say that.
I was christened at 8 years old against my will basically because no one asked me what I want when I was a child. So fast forward to almost 30 years old, I found out some interesting facts about my ancestors and family members. I never met some of my family members as they fled Europe during the war. I found close family members in the US through research, most of them passed away already, but it gives me some sort of feeling of belonging. And found out I’m mostly Jewish genetically (not religiously though as jews were chased and killed so most people converted during the war to hide their identity). So lately I’m taking that to the next level and learning about Judaism with the plan to convert one day.
Your “given” religion should never stop you from exploring and finding your own path.
Being Catholic was never my thing and being LGBT just further drove me away from the church.
Now I don’t know if I should mention my newly found family at court on my hearing. It’s close family too, but all deceased. And I don’t know if it would hurt or help my case. Also my intent to convert I don’t know if it should be mentioned or not. I’m mostly doing it for myself but it has an impact on my life as an asylee.
I found some reform Jewish groups that are very inclusive and helpful, they welcomed me with open arms. Orthodox is another story, but I’m just taking it one day at a time. There is a lot to take in, to learn, to reflect on.
It’s especially important these days to find solace and a community to rely on.
Follow your intuitions and do whatever makes you happy and content.
If an idiot person posted a ridiculous statement about asylum seekers somewhere else, it is not necessary to share it here.
Alex, forgive me.
You wonder what someone like that has ever contributed to our country. My guess is that it’s not much. Take care, Jason
Thats ignorance. Albert Einstein came to USA New Jersey as a refugee. As a German-Jewish he was being persecuted by nazi.
Hi Jason, hoping this note finds you well.
I realized yesterday that I won a diversity visa lottery for the 2021 fiscal year. I read your DV lottery article. With this pending asylum application since 2014 (interview in 2017 and no decision), I would appreciate your comments if I can benefit from this and earn my GC.
1. Can I adjust status in the US? (possibly no, unless “technical violation due to inaction of USCIS” applies to me?)
2. I called the DV lottery center and they told me the case will be sent to Kabul embassy if I cannot adjust status. What are your comments if I go to consular processing? What will be the pros and cons?
NOTE: I know that by applying for asylum when I was in status, I have been authorized to stay in the US so I did not incur illegal stay, hence the 3/10 bar will not apply to me. Am I right?
3. Can I withdraw my asylum case for this and go back to Kabul, but I do not know how that will impact me?
I look forward to your response. And also please let me know if you handle such cases and what will be estimated charges as I evaluate my options to make a decision. Thank you.
1 – I highly doubt it, but I am not 100% sure. You might want to consult with an attorney to research this question. In your question, I think you are referring to INA 245(k) and I believe this only applies to adjustment of status based on employment. 2 – Assuming you applied before you went out of status, the 3/10 year bar should not apply. I think you will face challenges trying to consular process in Kabul. You could be accused of fraud, as you are seeking asylum from Afghanistan. You can counter that you are fearful of terrorists and not the government (assuming this is your case), but nevertheless, I think it will be an issue. Maybe you can consular process in a third country, but that is not easy. 3 – You can, but it does not erase the fact that you filed for asylum or eliminate the danger of being accused of fraud. If you wanted to try to consular process, I recommend you also apply for Advance Parole (I wrote about that on September 11, 2017). If something goes wrong with the consular processing, at least you can still return using AP. Not to be a pessimist, but I think it will be difficult to consular process and have everything turn out well. Talk to a lawyer who does consular cases (which is not me) and maybe they can advise you, but be careful about leaving, as you do not want to get stuck outside the US. Take care, Jason
You can adjust your status here, without going back to your home country. You just have to find a good lawyer, who has experience with such case. I heard from my paralegal and some others that people with pending asylum got aos here.
Hi LSMITH,
Do you know any body that did AOS while being Asylum?? We are looking for someone that did that to ask our questions.
It is pretty common, especially based on marriage to a US citizen. I wrote about that on August 6, 2018. Take care, Jason
Thanks for sharing, Jason.