What do you think would happen if a client came to my office (virtually), hired me, paid me money to file a case, and then I did not file the case and refused to return the client’s money? Here’s what I think would happen–the client would sue me to get the money back, and I might be dis-barred. Also, I could go to jail.
So what happens when a person hires USCIS to adjudicate an application for a work permit or a Green Card, pays money to the agency, USCIS determines that the person qualifies for the benefit, but then refuses to issue the document? Apparently, nothing happens. The agency keeps the money and the applicant is SOL. That is exactly what we are seeing these days for people approved for an Employment Authorization Document (“EAD”) or a Green Card.
According to a recent article in the Washington Post, “In mid-June, U.S. Citizenship and Immigration Services’ contract ended with the company that had been printing [Green Cards and EADs].” “Production was slated to be insourced, but the agency’s financial situation… prompted a hiring freeze that required it to ratchet down printing.” As of early July, about “50,000 green cards and 75,000 other employment authorization documents promised to immigrants haven’t been printed.” These are documents that the applicants paid for and qualified for, and which they need to live and work in the United States.
The Administration is blaming the problem on the pandemic, which it says has impacted USCIS’s budget. But that is not the whole story. Like many agencies under President Trump, mismanagement and hostility towards the agency’s mission have resulted in budget woes that long precede the coronavirus. According to an article by the Migration Policy Institute, USCIS essentially made a profit from fee receipts every year between FY2008 and FY2018 (data was not available for prior years). But starting in FY2019 (which began on October 1, 2018–well before the pandemic), the agency started running a deficit. The basic reasons are “falling petition rates… and increased spending on vetting and enforcement.” As MPI notes–
Alongside declines in petitions, USCIS has increased spending on detecting immigration-benefit fraud and on vetting applications. Anti-fraud costs more than doubled from FY2016 to FY2020, rising from $177 million to $379 million. Vetting nearly tripled during that period, from $53 million to $149 million. In addition, enhanced vetting appears to be decreasing productivity. USCIS adjudicated 63 percent of its pending and incoming caseload in FY2016. The adjudication rate dropped to 56 percent in FY2019. Over that same period, despite falling application rates, the backlog of pending petitions grew by 1.4 million, to 5.7 million. As a result, processing times for most types of petitions have increased, with some more than doubling.
According to the Washington Post, it’s not likely that USCIS’s budget will recover any time soon–
Presidential executive orders have almost entirely ended issuance of green cards and work-based visas for people applying from outside the country; red tape and bureaucracy have slowed the process for those applying from within U.S. borders. For a while, the agency refused to forward files from one office to another The centers that collect necessary biometric data remain shuttered. These pipeline delays are likely to dramatically reduce the number of green cards ultimately approved and issued this year.
Many employees at USCIS have already received furlough notices, and unless Congress steps in with a $1.2 billion fix, approximately two-thirds of the agency’s employees will be out of work by early next month. And as we’ve seen, the agency’s budget shortfall is already having an effect–more than 125,000 people have not received Green Cards or EADs, even though they paid for, and qualified for those documents (a few documents are still being produced–one of our clients received an EAD last week).
If you are waiting for a Green Card or an EAD, what can you do?
First, for anyone with a delayed card (where the card has already been approved), apparently the USCIS Ombudsman is trying to assist. If you are waiting for an approved Green Card or EAD, the first thing to do is place an online request for case assistance with the Ombudsman. You can do that here. The Ombudsman is “sending weekly spreadsheets to USCIS to verify card requests are in line to be processed.”
For people who have been granted asylum, you are eligible to work even without an EAD (using your asylum approval document or I-94, your Social Security card, and a photo ID).
If you are waiting to receive an approved Green Card, you might try calling USCIS at 800-375-5283 to request an appointment at the local field office. Field offices can place an “I-551” stamp (also called an “ADIT” stamp) in your passport, and this indicates that you are a lawful permanent resident (a Green Card holder). Due to the pandemic, USCIS offices are closed for most in-person appointments, but if you have an “urgent need” for the I-551 stamp, you may be able to obtain an appointment. An example of an urgent need might be that you will lose your job unless you have proof of status. Maybe get a letter from your employer explaining the need, so you will have that when you try to make an appointment, and when you go to the USCIS field office.
If you have a pending asylum case and are waiting to receive an approved EAD, you might also try calling USCIS. You can ask the agency to expedite the card. However, it seems unlikely that they can do so–one USCIS employee states, “Our volume of inquiries [has] spiked concerning cases being approved, but the cards [are] not being produced… A lot [of the inquiries] are expedite requests, and we can’t do anything about it; it’s costing people jobs and undue stress.” Nevertheless, since some EADs are still being issued, perhaps a call is worth a try.
Finally, you might contact your representatives in Congress (in the House and Senate). Ask them to fund USCIS, and remind them that “Congress… must also exercise its constitutional oversight authority to create and boost meaningful accountability, transparency, and productivity within USCIS.” If Congress does not get involved, USCIS will largely shut down in a few weeks. But USCIS does not deserve a blank check. Congress should ensure that the agency uses the money to fulfill its core mission, and that it gives people what they paid for.
Hello Jason, thank you doing this for people like us!!
1. When should i send the medical report for GC application after I applied the GC?
2. Do I have to go for another interview for GC?
3. Do I need a lawyer for that interview?
4. What kind of questions do they ask for GC interview?
5. Is it true if I don’t have good job or unemployed they can refuse the GC? Or make it delay?
6. How do they check have I been in here one year after granted?
7. What if travel to 3rd country with the RTD while I’m GC is in process, is it going to be a problem?
8. After granted can go and live any state rite? I can change my address many times? It’s not going make a problem rite?
Please, and thank you Jason!
1 – Either send it with the I-485 or when USCIS requests it, but remember that if you do the exam and don’t send it sooner after, it can expire (I think you have to send it within 60 days of getting it, but it may be fewer days than that – I do not remember). 2 – Maybe. 3 – If there are issues in the case, yes, but if there are no problems, you probably don’t. If you go to the interview and problems are coming up, you can ask for a postponement to talk to a lawyer. 4 – Normally, they ask the questions on the I-485 form, but they could ask whatever they want. 5 – That is probably not true, especially if you are adjusting based on asylum. If it is based on another reason, the public charge rule may apply and then your financial/job situation could have an effect. 6 – They can look at your passport and ask you. 7 – No problem. 8 – You can live wherever you want. That is no problem. Take care, Jason
Hello Jason,
I am asylee who applied for green card adjustment of status after one year from my asylum grant. USCIS recently asked for my medical exam. I got one sealed by the physcian. When I checked the copy of the vaccination record page of I-693 filled by the physcian I realized Hepatitis B is checked as “not age appopriate” whereas the CDC guideline (https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/vaccinations.html) used by USCIS clear show this vaccine is mandatory until 59 years old and I’ m 38. I told this to the doctor, but they denied it is wrong.
What do you think I should do? Does USCIS deny a case for a wrong box or sends the report back to be corrected?
Best,
I do not think USCIS would deny the case for this reason, but they would likely ask for clarification or a new report. Hopefully, the doctor is correct – maybe the rules changed or there is something you do not know about it. I think the only other option would be to contact another physician from the USCIS list and see what they say, but I imagine you would need to pay for that. I guess you could also send an email to your doctor with a link to the CDC guidelines and stating your disagreement. At least that way, if the doctor is wrong, you have proof that you brought it to their attention and so hopefully they would fix their mistake at no additional charge to you. Take care, Jason
Hello,
Something really strange happened. I was interviewed as a minor in September 2017 for my asylum case and up until now I haven’t received a decision. When I check my case online, it’s says decision pending. However today I received my new work permit card and I noticed the category changed to Ao5 . But when I checked my asylum case status still say pending decision. What does this mean? Is this a mistake? What should I do?
Category a-5 is for asylum granted. So it could be a good sign, or it could be some type of error. You can email the asylum office that has your case and inquire. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Jason. I did my fingerprint in Jan 2020 for form I485. I was wondering what’s the average time to get my gc? I live in Virginia
For asylees, you can check the processing time at http://www.uscis.gov, but we are seeing most cases take 1.5 to 2 years, though some are certainly waiting longer than that. Take care, Jason
Jason, I live in Virginia. I did m fingerprint in Jan 2020. I was wondering what’s the average waiting time to get my gc?
For asylees, you can check the processing time at http://www.uscis.gov, but we are seeing most cases take 1.5 to 2 years, though some are certainly waiting longer than that. Take care, Jason
Hi Jason,
Do you have any idea how long is it taking currently to issue the EAD my submission date is May 17th 2021 in Texas still no change in status. Can you tell me what is the average time to issue EAD these days.
Thanks
We are seeing most of those cases completed in probably 5 to 7 months. Take care, Jason
Hi Jason!
I need your help on this, I just received a notice of action from USCIS, stating my form I-485 has been received and there is no need for me to show up for finger print. The problem is my I-485 application was submitted in July 2019 and I did my I-485 finger print in February 2020, I only waiting for my green card approval, then this new notice showed up June 14th 2021, I feel they are treating my application as a new application just submitted in 2021. Please advice me on what to do. This is depressing. Jason please help me.
They seem to have some strange correspondence these days, and it may just mean that they do not need your fingerprints. It may also mean that they are working on the case. So my guess is that it is fine. However, if you are worried about it, you can try to call them: 800-375-5283. That is a pain in the neck and you probably won’t learn much, but it won’t hurt. Also, you might want to do an online inquiry, which is usually even less helpful, but it is easier – follow the link under Resources called USCIS Help. Take care, Jason
Dear Jason,
Let God pay you for the kind contribution you are making to the asylum community.
My asylum case was approved in December 2016, and I applied for a green card in December 2017 and did not get it since now. I tried to call the USCIS office and even they escalated the issue and the officer talked to me and told me that my case is in Arlington Asylum Office. As per the officer they are waiting for the local office to clear me. I am so confused by almost three years wait and your advice is appreciated as usual.
Thanks,
Shalom
Very strange – if you were already approved, the asylum office should not have your case any more. Maybe email them to ask. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason.
Hello Jason,
I hope you are doing well and staying safe & healthy.
I received my asylum approval in late October last year, and I am on course to apply for GC soon. My legal residence state is in MA, but I am quarantining in a different state due to COVID-19 and planning on going back when it is safer to travel later.
Would I need to file for an address change to the current temporary address if I am not at my residence state? By doing so, I will have to send the application to a different service center. I tried calling USICS and speak to a representative but could not connect with anyone.
Any advice or feedback is much appreciated!
Thank you and please take care!
Ali
If you get mail at your permanent address and you plan to return there, you use that address for your driver’s license and taxes, and you can do a fingerprint appoint near that address, you are probably better using the permanent address. But if you have those things at your new address, you should file a change of address (form AR-11, available at http://www.uscis.gov) and file the I-485 from there. I think there are some in between scenarios where you can probably use either address and be fine, but if you use the new address, you have to file an AR-11. Take care, Jason
Hi Jason,
Thank you for all you do, I appreciate every response and your time.
I Applied for Green card in July 2019, I went for finger print in February 2020, I am still waiting for the approval of my green card, I am moving to Texas this November, presently I live in Philadelphia, my question is do you think this move will affect my green card approval and do you know if i will be called for a green card interview? A friend told me asylees to get called for green card interview and I don’t know if this is true. I will appreciate if you can explain this to me. Thank you.
If you move, you have to change your address using form AR-11, available at http://www.uscis.gov. I do not think that moving has much effect on the process. As for the interview, USCIS announced that all GC applicants would get an interview, but that does not seem to be happening. Some do (especially asylee dependent), but many do not. I do not know how they choose who to interview. You will just have to wait and see what happens. Take care, Jason
Hi Jason,
My asylum based green card application is still pending, there is a statement I found online today and can you please confirm if it is true.
‘If you filed Form I-485 on or after July 2007 and you paid the form I-485 application then no fee is required to file a request for an Advanced parole document I-131 if your form I-485 is still pending :
I will appreciate if you can confirm this.
That is true – we sometimes file the I-485 and the I-131 together so the client can get a Refugee Travel Document. If you file the I-131 later on, you can include the I-485 receipt in order to “pay” for the RTD. This should work, but USCIS often makes mistakes, and so probably you should include a cover letter explaining that you already paid the fee and so you do not need to pay again for the RTD. Take care, Jason
My asylum case was approved in November 16 2016 and I applied green card in 2017 and got it in 2018 there is written resident since 9/27/2017 So when can I apply for citizenship I never been to another country since i came here
Appreciated Jason
When USCIS issues a green card to an asylee, it is back-dated one year. So you can apply for citizenship 5 years from the 2017 date. And you can mail the form 90 days early, so assuming you are otherwise eligible and there are no changes in the law and procedure, you should be eligible to file for citizenship after about June 29, 2022. Take care, Jason
Hello,
I’m waiting for green card based on approved asylum. I’m getting married to a turkish citizen who is coming here on tourism visa. What can i apply for her to stay? What a status can i give her to remain here with me?
Thank you so much
Basel
You cannot apply for her until you have the GC. If she can remain in status in the US until then, she may be able to obtain her GC without leaving the country, but most likely, she will not be able to stay here that long and she will need to leave and process overseas. There are different options, though, and so you may want to talk to a lawyer to decide on how you will approach the process. Take care, Jason