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.
Hi, Jason
I applied for EAD renewal 6 months ago, I received the receipt notice a month after . But since then no updates in the website and I received nothing else. Is it normal to take that long? Or do you think they denied my renewal application? Thanks
It is normal, and I believe now that the receipt can be used to extend the old EAD even beyond 180 days. See https://discuss.ilw.com/blogs/bbuchanan/395289-ead-approval-notices-temporarily-accepted-as-list-c-documents. Take care, Jason
Hi Jason,
First of all thank you for your time and dedication to help this community.
I will be eligible to apply for citizenship on October 2020. I heard that there are 700,000 backlog applications for naturalization. Do you advice me to wait till things change or just apply and stay inline in the backlog? Do you think they change their application processing order to Last-come-first serve and instead of first-come-first serve? I want to avoid for extended wait time falling in the backlog ? Is the way they work on N-400 always first-in-first-out order?
I do not know how many people are waiting in the N-400 backlog, but your number sounds very possible. Also, I think they process cases in order received, for the most part (hence, they have posted processing times). I see no reason to wait longer before filing. Keep in mind that you can file the N-400 up to 90 days before your 5-year anniversary of the date on the green card. Also, fees are scheduled to go up on (I think) October 2, and so if you can file before that date, you will save money. Take care, Jason
Thank you so much!!
Dear me Jason
Warm greeting
I have a green card through asylum and I applied green card to my wife and son in January 2019 they did biometric in March 2019 and my last update was in August 2019 they said fingerprints have been applied to the case then after there is no update up to now I called them 3 times they say case is running in normal time so keep waiting do you have any idea how long does it take it is already 20 months still waiting last time they said my wife and son need to give interviews too is that true my case is in Texas service center
Appreciated you
Most cases take much longer than this, and so I would not expect an interview any time soon. No one knows the time frame, especially given the pandemic, which has resulted in the asylum offices interviewing fewer cases than normal. You can try to expedite – I wrote about that on March 30, 2017 – but given that things are slow due to the pandemic, this is unlikely to work. Nevertheless, if you have a strong reason (or if you are lucky), it might and there is no harm in trying. As for the case, dependents are interviewed, though usually they only ask the “bar” questions (questions that cause asylum to be denied), such as “Are you a terrorist?” “Are you a criminal?” It is a good idea for dependents (especially spouses and older children) to have some idea about the case so they can answer if they are asked a substantive question. Take care, Jason
hi Jason
MY QUESTION IS
I am in an immigration court waiting since 6 years. due to the pandemic court is closed for non detained hearing so my lawyer suggest me that. we can ask the judge if they can make a decision without physical appearance. she said some of the lawyers did that since the pandemic. so it is a-okay to be done that way in ?
If DHS (the prosecutor) agrees to relief, there may be some way to do that. It is very rare, and usually only for cases that are being terminated so the person can go to USCIS to apply for a green card. I have never heard that happening in an asylum case, though I have had cases where we get to court and DHS agrees to a grant without a hearing. I am not sure that DHS would agree to that without a hearing, but it may be worth a try. If DHS agrees, you can then ask the judge, who might or might not agree. If DHS does not agree, the judge will most likely not agree to relief or termination without a hearing. Take care, Jason
HI Jason
Thank you for helping always, I read all your posts! every single time. you are the only hope we have in this dark times…
I need your help and I will elaborate a little more in detail to see if I am right in understanding you !
We have still not received an interview date: we filed for our case in May 2017.
Right now we have an urgency to go back to our country of fear for family emergency..
I am worried it will affect our case.. So I need your advice
1. If we want to cancel our asylum case… God forbid if there is an emergency to go back to our country of fear… what is the process?
2. Will it be an issue to exit from the US to go back at the airport if we do not withdraw our case?
3. If things get better back home and we do not travel and wait for our interview to come through hopefully should be next year is what we hope( still have pending asylum status)… can we travel with a RTD to that country when we have our green cards?
4. Is it going to be an issue to return back to US if we travel on greencard to the country of fear?
5. I know the law right now says we cannot travel back to the country of fear as we wil be questioned… Do you hope the law will change in the next 1-2 years? and we will be able to travel on green card until we apply for citizenship?
6. Do we need to wait until we get our citizenship to be able to travel back home?
7. Lastly I feel we should expedite our case and have some sort preparation ready in case we need to travel? Do you think during this pandemic expediting is a good option? Its now going to be 4 years since we have applied for our case…
Thanks a million for all your help and advices as always, very grateful to you !
1 – Contact the asylum office and let them know. You can also do this after you leave and give proof that you left. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – You can leave at any time. That is not a problem. 3 & 4 – People do go home after getting asylum, but there is some risk that they will lose their status with USCIS (i.e., they will try to take away your asylum or GC). I have not seen that ever happen, but it is possible. 5 – The law does not say that. However, if you go back to your country, it will raise issues about whether you need asylum or whether you committed fraud. This could result in losing your status (or if you have a pending asylum case, being denied asylum). I do not think the rules related to this will change. 6 – That is safest, but still, you could be accused of having a fraudulent asylum case. We have seen people return home, and no one has a problem, but it is best to keep such trips short and be prepared to explain why you went back and how you stayed safe. I wrote a post about this on January 6, 2016 – maybe that would help. 7 – You can try. I wrote about that on March 30, 2017. However, given that the asylum offices are not operating at full capacity, now is a difficult time to expedite. But you can try. Take care, Jason
Hi Jason, sorry for not EAD related question – though my ead expires in November, I applied for renewal in July 1st, I saw that they charged money from my account and so far that’s it, no card yet. But my question is different – I recently had a baby and I am wondering if I need to notify asylum office about that?
EAD renewals can take 4 to 7 months (or maybe more), so you should be fine. As for the baby – you do not need to notify them now. However, at the asylum interview, you will need to update your I-589 (you can do this verbally, by telling the asylum officer about the baby, date of birth, social security number, etc). You should also give them a copy of the birth certificate. But prior to the interview, there is nothing you need to do. Congratulations on the baby! Take care, Jason
Thank you, Jason! Have a wonderful weekend!
I have been waiting for interview for more than 3 years. I believe there are thousands of people in the same situation. UCICS is completely exhausted in terms of staffing, budget, … there is no short term solution though.
If you have a good reason to expedite, you can try that. I wrote about expediting on March 30, 2017. Take care, Jason
Has anyone received EAD renewals recently?
Hi Jason,
So I have submitted a request to the Ombudsman’s office about 12 days ago and hopefully will hear back from them soon. Also called USCIS and after being on hold and transferred multiple times, one of their tier two officers told me there is literally nothing i can do but wait. August 13th will be my 7th month waiting for my EAD renewal and my 6 month extension will expire December 17th. Have you had any cases where people did not receive their EAD and the extension window ran out?Can I extend my extension? Is that even a thing?
When i asked USCIS officer what should i do if it does not arrive on time, she literally told me that i will have to stop working- that’s it. Anything else do you suggest doing? Can I expedite this and if so how? Thanks again. It is like the system is doing everything to make us to give up.
These cases are taking 5 to 7 months, and so hopefully you will get the card soon. Otherwise, I don’t know that there is much else you can do, and there is no way to extend the EAD extension, at least as far as I know. Sometimes employers are flexible (maybe they can put you on unpaid leave if there is a gap after the card), but in your case, you have some time, and so even with all the problems at USCIS, it seems likely that you will get the new card before December. I suppose you can call USCIS again, but you might wait a month to see whether the card arrives. Good luck, Jason
Right. Jason,
Mine expires on February 27th, so I decided to make sure to send my application out in exactly 180 days. That will give me a whole year for the renewal .
I just hate the reminder emails that my office sends to me every month 6 months from expiration , until I provide a new card.
The mails shoot my anxiety through the roof. I wrote HR, and asked them to stop the mail, but I guess someone was getting the kicks out of my anxiety.
Tina,
I am right there with you Tina. I sent mine exactly 180 days before the expiration as well thinking that I will be ahead of myself but all i can think nowadays is that nothing will come on time. I feel you the anxiety is just too much sometimes i cant even focus on work.
Thank you Jason, hopefully I dont have to get to the point where I have to go on an unpaid leave limbo but having that sort of conversation with HR may be helpful at some point.
Again thanks for all the support and all the great work you do. These blog is like a life line for some of us 🙂
You are doing everything right; it’s USCIS that can’t seem to do the basics. I do expect you will get the card in less than a year, but if I were in your shoes, I would be very nervous about it as well. I can say that we have not seen anyone wait more than about 8 months for an EAD, and so even now when the agency has some additional problems, I think there is a good chance you will get the card before your old EAD expires. Take care, Jason
It is a real problem that it takes USCIS so long to basically just issue a new card, which they already agreed you should get and which you pay $410 for. I guess it is better than it used to be, when the cards were valid for only one year. So there is that. Take care, Jason
Hi jason,
My asylum case has been pending for 150 days. I have received the receipt notice from USCIS in march. They have not issued any appointment for biometrics, may be because of Covid-19. I have not caused any delays in the processing. So should i apply for EAD or should i wait for my biometrics appointment. Because as per the required documents i should provide USCIS with biometrics appointment letter. And they also said that they can’t tell the estimate date for issuing the appointment. And from August 25 the rules are also changing. So does the applicant can get the EAD without biometrics?
Thank you Jason
I have not seen any guidance on this, but I would file for the EAD now, so that it is received no later than August 24. One issue may be when you hit the 180 days, which is actually when you become eligible for an EAD (you are currently allowed to file after 150 days, even though you are not legally eligible for the EAD until 180 days). If the 180th day is on or after August 25, I am not sure what will happen, but at this point, with all the unknowns (including a lawsuit to block the new EAD rule), I think the best bet is to file and see what happens. Take care, Jason
Thank you for your reply Jason. And thank you for sharing updated information about immigration law through your blog. Take care, stay safe.
@TINA, the process is the same as expedite request. If they denied your expedite request they may put your case on short notice list.
Thanks@Ivan
Good morning,
So I submitted a Ombudsman. My case status update says “Request for Additional Evidence Was Sent
On July 29, 2020, we sent a request for additional evidence for your Form I-765, Application for Employment Authorization, Receipt Number …….. The request for evidence explains what we need from you. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the request for evidence.If you do not receive your request for additional evidence by August 13, 2020, please go to http://www.uscis.gov/e-request to request a copy.
What does it mean? Am I going to receive a mail?
Thanks
It sounds like they sent a letter yesterday. When you get it, it should explain what you need to do, and then you can respond. Take care, Jason
Hello Jason,
It’s been a long time since I wrote to you. I have a question regarding my current situation. I was granted asylum in December, 2016. I applied for a green card in April,2018. I have been waiting for it more than two years. I have recently sent a request about my case outside normal processing time. This is the response I got: ” We have received your service request and researched the status of your case. We have had to perform additional review and this has caused a delay in processing time. Your case is currently in line for processing and adjudication. Cases are processed in the order in which they were received.” What does this response exactly mean? Is it just general answer that tells me to keep waiting for approval or is my case on the next level and it will be approved soon?
Thank You in advance…
I don’t know, but I suspect that it is just a general answer. I thought that listed processing times for a GC were 1 to 3 years. In some cases, we have seen GCs for asylees taking 2 years or a bit more pre-pandemic, and so your wait time may not be that unusual (though it is ridiculous, given that you already went through the asylum process). If you are outside the processing time, you can make an inquiry with the USCIS Ombudsman – a link is at right. However, everything is a mess now, and so I am not sure whether it will help (it won’t hurt, though, and it is free). Take care, Jason
Thank you for your quick response. I am losing so much time. All these years wont count towards my citizenship right? Cause as I know, when the green card is approved from that date I have to count 1 year back and counting 5 years from that date is the period I can apply for citizenship. Do I know it correctly? If not, please, make corrections.
That is correct – they back date the GC one year, and you have to wait 5 years from that date (though you actually wait about 4 years and 9 months, since you can mail the N-400 up to 90 days before your 5-year anniversary). Take care, Jason
Thanks Jason, for the update.
Hello Jason,
Waiting for 6 years and my asylum case is now pending at an immigration court. My individual hearing has been scheduled for the end of August. Is there any update indicates when the immigration court will be opened? Will postpone it to August next year if it was postponed due to Covid-19 pandemic?
You can Google “EOIR DOJ” and find the status of the various courts. Many courts are operating, but not all cases are going forward. Usually, they do not make announcements about the case until a week or two before the hearing date, so you will have to wait and see, and for now, prepare for the case, as it may go forward. If it is delayed, the period of delay is very unpredictable and it depends on the judge. If it is too long, you can always file a motion to advance (I wrote about that on April 20, 2017). Take care, Jason
Hi ras
I am also waiting I am having my hearing end of this August
Which court you are in ?
Hi ras
I am also waiting I am having my hearing end of this August
Which court you are in ?
Hi Jason,
I applied for i589 including my wife and two kids in October 2015 in houston tx. I am still waiting for my interview. During this time of waiting i had gone through 3 surgeries and also got high blood pressure medicines. The company where i work is ready to sponsor me for labor certificate thingy i think that is called e2. ( im not sure) but they are ready to sponsor me a green card. I was wondering is there anyway i can get that company sponsored green card without leaving the country?
Thank you.
Ricky
First, your health problems might be used a basis to try to expedite your case. I wrote about that on March 30, 2017. As for the sponsorship, I wrote about that on August 28, 2018 and September 6, 2018. The short answer is that unless you have some status aside from asylum pending, you probably need to leave the US, and that is difficult and sometimes impossible. Talk to a lawyer and have the lawyer map out exactly how you will get from where you are now to having a green card in your hand. Take care, Jason
Thank you for your response. Do you think there will be a way for a green card without leaving the country? I really appreciate it.
Thank you.
In most cases, it is not possible to get the GC without leaving the US, but it depends on many factors (which I discuss in those articles). You need to talk to a lawyer and have the lawyer review your case. Be careful, though, as some lawyers are willing to start a case (and get paid) even when they know it is impossible to finish the case. Have the lawyer map out each step of the process from today and until you have a GC. Take care, Jason
Thank you for your response. I was wondering does your firm do these cases? If I want to hire your services int his matter? What would be the contact details to get in touch with you?
Thank you.
Potentially – my email is jdzubow@dzubowlaw.com. Take care, Jason
Hi Jason,
We are granted asylee since last year August 15th. I am planning to apply for green card for me and for my wife this month August 16th. I have a friend who is an asylee and just applied I-485 form did not pay any green card fee. His application accepted and he already gave his biometrics. With COVID-19 it’s difficult to pay for m and for my wife. It’s a lot of money. As an asylees are we eligible not to pay? Or if we do not pay like my friend who just applied, is there any longer waiting time ? I just would like to know they might have give us hard time if we do not pay or not to send our Green Cards sooner? I just would like to know what is the different between?
Thank you
You can try a fee waiver, form I-912, available at http://www.uscis.gov. Whether you qualify for a fee waiver, I do not know, but you can try (and check the instructions). I do not think it causes much delay, but it is hard to tell, since everything these days is slow. Also, please note that you must have one full year in the US, so if you left the US, you have to wait a bit longer to apply for the GC (if you left the US for 2 weeks, you have to wait for 1 year and 2 weeks to apply for the GC). Take care, Jason
Hey bro I am the same situation I did get approval august 3 and I did apply green card let’s have contact each other to see how thing going
Contact me jikaharoun gmail.com ok
We reached a decision in your case. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what you should do next.
You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock.Your case has been pending with USCIS for 1722 days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete.
* I check and seen my clocked is stopped, is that an Approval or a referral please?
Please help.
I am guessing an approval 😊👃🤞
I hope so, I am confident but is there anyway you can have a good clue what is the decision. Please?
In the email i have received, it doesn’t not say anything about Approval or Denied, but other people said in the email if the they don’t say approval it could be an referral, is that true ?
Please?
Hey Jason, how are you doing, please help about that.
There has been a recent processing action taken on your case.
Receipt Number: XXXXXXXXXX
Application Type: I589, APPLICATION FOR ASYLUM
Your Case Status: Decision
We reached a decision in your case. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what you should do next.
You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock.Your case has been pending with USCIS for HEY days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete. For more information, please see the USCIS website.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
*** I have checked and send the clock is stopped, but many people said the notification of the approval is always mentioned, otherwise it could be a referral.
Could you help, please?
Like I said, it may be a good sign, but you really need to wait for the letter to know for sure. Take care, Jason
Not necessarily. That message may be standard, I believe.
Hi,
Can you share your timeline?
Thanks
Sure, I filed my case since 2015, I did my first fingerprint and did my work permit after the 180 days period, finally last month they rescheduled my interview that was postponed from March view the covid 19, and last week I received that email, still waiting for the mail, when I checked my i94 online, I don’t see it updated, it has the same validity of 2015, but I don’t know what to think.
Thanks for replying.
Did you expedite? If no, that means they are processing cases from 2015 too.
Which office?
Jay
No I didn’t, that was in Miami, FL.
Can you please let us know which office?
Sure, Miami, Florida.
Gee, did you expedite your case? What month in 2015 did you apply?
I am sorry Gee. I just realized you already answered the expedite question.
What month did you apply please, because I have been waiting since 2015?
Tried 3 expedite requests, but no luck.
Tina,
Have you tried short notice list? I’m also from Florida and waiting for interview since June 2015.
@Ivan, no I have not.
Did you request to be on the short list?
What is the process, please?
Many people say that is a good sign, but I think you have to wait for the letter – Good luck, Jason
Came home from work and saw a letter from USCIS in my mailbox.
Its a confirmation letter stating the amount paid for the GC and that its now in process. Looks like I will be scheduled to do another biometric and photo taken. I must say, I feel quite confident with how things are moving. I probably would have done this back in June if there was better communication from my lawyer (but it is what it is).
On a side note, its amazing the Republican HEALS bill includes 2 billion to renovate the FBIs building, but you can’t spare 1.2 billion to help out USCIS. In fact, the amount of money I see being thrown around is ridiculous. Schools don’t need 100 billion. This is just wasteful spending. Cut unemployment checks I agree with, there is work out there, people just don’t want to go back. I go out every day and work. My roommate during the height of the pandemic had 3 jobs.
I know a guy who had a nice job, didn’t want to wear a mask, got fired because of that, they let him apply for unemployment anyway and is just sitting down collecting that instead. Another one who worked at Amazon, personally told me, I am making more than I did as a receptionist there, why the hell would I want to go work when I cant get more not working. So, I agree with certain aspects of the bill, but I also think crucial areas are being neglected at the expense of people who made sacrifices to be here and want to move their life forward.
You already sound like an American! I do kind-of think that Congress will ultimately come through with the money for USCIS (though at this point, it is not even clear that they need the money), but all the hemming and hawing is harmful for USCIS “customers” and staff. Take care, Jason
I totally agree with you on the unemployment benefit.
Just think about this- making $12 an hour, and suddenly making $2400 a month without doing anything. Why should you go back to work? You will enjoy it while it last.
If they are hoping to kick start the economy with that type of incentive, it is backfiring because more people will be applying for unemployment soon.
Like you said, there are jobs out there.
Hi jason
We have an emergency. Might be we will all have to go our country of fear to see our mother and father . They are unwell and we will not be able to see him go thru this alone.
If we just travel without doing anything with asylum application is this possible.
If we recall our application how long will it take?
Will it cause any problems ? When we are going through the airport immigration?
Also, if the situation does get better and we dont travel now which i really hope
Do you know if we can travel to see our parents and then come back on that green card?
We are hopefully by 2021 our first interview would go thru and we plan to get green card and then we were planning to go see parents and come
Back on that green card and then stay here again.
You see any problems?
Life is unpredictable and with all these rules in place we already feel its like imprisonment.
Please advice as we are very stressed out.
So so worried!
K
I am not sure I understand the situation. Do you already have asylum? If so, you do risk losing that status if you returned. I did a post on January 6, 2016 that might help. It would be safer to have a green card before you travel, but at least you should get a Refugee Travel Document (form I-131, available at http://www.uscis.gov) to re-enter the US. If you have a pending asylum case, you should get Advance Parole (also form I-131). I wrote about that on September 11, 2017. If you have a pending asylum case, you cannot re-enter the US unless you have AP or some other type of visa to get back in. Take care, Jason
Hi Jason,
I have an i-480 application still under-review. How do I contact USCIS to check status? It has been about 11 months since I submitted it.
Thanks,
Hi RAR,
Which service center your case was there?
Thanks
John
Texas
RAR,
Thanks for replying me back.
I sent my application this month to Phoenix lockbox but still Now I didn’t get any mail from uscis.
An I-485 application for a green card? I think processing times are 1 to 3 years (you can check at http://www.uscis.gov), so maybe there is no point in inquiring. However, if you want to call, the number is 800-375-5283. Take care, Jason
Hi thank you for helping the asylumist community .If the EAD clock stop running what is that mean ?
If it less than 180 days, it means you cannot apply for a work permit. If you already had an interview, some people think that may mean that the case will be granted, but I am not so sure – you have to wait for the decision letter to know for certain. Take care, Jason
Hello Jason, my asylum application has been pending for almost 2 years after my interview, I had an interview back in December 2018, I sent a mail to them an they told me the decision is pending still, please do you know what I can do next?
I did a post on February 26, 2015 that might help. It is more about pre-interview delay, but it also applies to post-interview delay. Take care, Jason
Hi Jason do you think anything will come up in future for peeps waiting 5+ years for Asylum interview? Like any special fee and get your case interview or time based priority or any solution USCIS can offer waiting Half a decade, Do you personally think that can happen?
Just trying to dig for something good.
I myself waiting almost 6 years for interview.
Hopefully someone can put their eye on that side.
Jeez 6 years is a very long time…I have been waiting for 4.5 years for my interview and I am already exhausted and tired and depressed, can’t imagine what you must be going through……… and I think I might have to wait as long as you…Even though I am planning to send a letter to the director of my asylum office for expediting my interview..Not sure if that will work…..
I do not think they will agree to any sort of premium processing (though I have been advocating that for years, including with the former director of the Asylum Division). I do think that if the pandemic somehow ends or there is a cure, they will start moving more quickly through the backlog, but there are so many cases that even if that happens, it will not be quick. The best bet these days for people stuck waiting is to try to expedite (though now may not be a great time given that they are not working at full capacity). I wrote about that on March 30, 2017, if you are interested. Take care, Jason
Hi,
Are asylees eligible for SBA loan?
I had been waiting since 2015 for interview. I went to Newark Asylum Office and I did Short Notice with a letter. I went there by myself and requested Short Notice 3 times. Actually, Jason suggested me to do that. As he said ‘It’s worth to try’ At some point I have got my interview and I am granted asylee now. However I have to wait to get my green card another 3 years probably. Which does not make sense but it’s what it’s. Do not give up guys just keep pushing and requesting some letters or expedite it. You never know maybe it could work. I was about to withdraw my case. Stay in faith.
Thank You Jason for everything. If it was not you I would still wait home not to request any additional requests.
God bless everyone
Thank you. Hopefully, the wait for the GC won’t be that long, but these days, no one really knows. Take care, Jason
Hi Jason
I filled i765 form for renewing my EAD card
I have approval letter and for my status immigration I wrote a5 I think I had to wrote c2
I send all documents they needed
What should I do? Which one is correct? a5 or c2? …. do I have to send form again? Or call them?
If you were granted asylum and you are filing a work permit based on that, the category is a-5, so hopefully that is what you wrote. If you got it wrong, you can try calling USCIS to ask about the application: 800-375-5283. Take care, Jason
Hello Jason
I filed asylum behalf of lgbt members in 2015 . Had interview and end up in a court Final hearing coming soon . My husband won asylum in 2019 and filed a i 730 for me from NSC and we informed my judge already so, my question is if I want to go ahed with my individual hearing it’s good to do? Because I 730 taking a long time and final hearing is coming soon. Don’t really wanna wait long
It’s up to you – in most cases, it is better to go with the I-730, as that should definitely work, unless there is some issue with marriage fraud or asylum fraud. Also, the judge may insist on doing the I-730. All that said, most judges will let you go forward with a case if you want to do that. Take care, Jason
Hi Jason
I am having individual hearing at San Francisco on September. Are the courts going to open that time?
I am confused wether I should prepare or not for my hearing?
Thanks a lot
You have to prepare, but there is no way to know whether the case will go forward. We prepared for multiple cases this summer, only to have the trial dates postponed (and of course, this happened after the deadline to file evidence). Cases are starting to go forward (I have some this week in Maryland), and so there is definitely a chance your case will go forward. Take care, Jason
Dear Jason
If im a granted asylum and dont hold a green card yet and i want to go and marry with my wife in third country- Can an asylee bring his wife while waiting to apply for green card? And if yes how long would it take?
Unless you were married at the time asylum was granted, you cannot petition for a spouse until you have a green card. If you were married at the time asylum was granted, you can file a form I-730 for her. If not, you have to wait until you have a GC and then you can file a form I-130 for her. Maybe she can find her own way to come to the US in the mean time (tourist visa, student visa, work visa, etc). Take care, Jason
Hi Mr Jason,
I just wanted to share something very quick and hopefully USCIS leadership consider it as well otherwise I can see a clear picture of USCIS to be demolished/ stops working within couple of years due to lack of funds.
If Congress approves $1.2 billion loan (loan because USCIS must return it with their surplus) then it’s leadership must realize that it won’t last that long. According to my calculation, this “loan” will last for 8 to 10 months. So they must increase or even double the application fees for almost every service they provide. They should expand premium processing for almost all applications. At the moment, if the bill is approved, USCIS will have more employees and less cases because many people are not applying or blocked from applying. So they can work on backlogged cases.
I really think USCIS should think beyond politics and current situation which unfortunately can’t happen during this environment. The funny reality is USCIS at most part doesn’t like immigrants or it seems like but we are the only people who are raising voice against the upcoming furloughs like we have created online campaigns, writing emails to Congresspersons, and sending letters in support of USCIS employees. Considering this, hopefully they will start liking us.
Secondly, is it possible if Mr Todd can write down something for J1 waivers. Like what’s the current situation on waivers and how asylum pending applicants with J1 visa are being treated. He may have good insights for those people.
Thank you
Unfortunately, USCIS has proposed a big fee increase and a 10% increase on top of that to repay this $1.2 loan, so that may be coming soon. But I agree with the idea of expanding premium processing (I wrote about that idea on May 20, 2020). As for Todd, I think he does not plan to do that, but it is not a bad idea. Take care, Jason
To give everyone an update on the Texas center:
Applied for a green card in April 2020. This week (July 17th), I received a mail saying that the USCIS would reuse my fingerprints and another appointment is not required. Seems that a lot of other applicants received similar messages this week. It probably means that a few people still report to work in the Texas center…
same here i applied may1st , got the same up date on July 17th and a letter the mail stating the same thing and that no need for new fingerprints
Hi Jason sir how are you i have a question I filed for my third work permit it’s been a month and half and I didn’t get a receipt from the USCIS I check my mail everyday. How I can contact them is there any solution for that problem
You can try calling them at 800-375-5283. Sometimes, they can confirm that the I-765 was received. Also, if you paid by check, your bank should be able to tell you whether the check was cashed and, if so, you can get a copy of your check, which should be stamped with a USCIS receipt number. Take care, Jason
Hi All,
USCIS furlough delayed to end of August 2020 instead of August 3rd.
https://www.appropriations.senate.gov/news/minority/leahy-announces-that-uscis-is-postponing-furloughs-of-13000-public-servants
We’ll see what happens. At the minimum, this fiasco is destroying whatever morale was left at USCIS. Take care, Jason
Hello Jason, I waited between November 2019 and March 2020 (four months) to receive my Refugee Travel Document. It is valid for only 1 year so it will expire in March 2021. I want to travel to a third county like Turkey to see family members. I am scared that there are many travel restrictions because of corona-virus and it seems like this pandemic is not ending any time soon. If I leave the U.S, can I come back?Is there a possibility that holders of Refugee Travel Document might be banned by the gov from reentering the country ? While the proclamations enacted by the gov do explicitly exempt U.S citizens and Green card holders, they say nothing about RTD holders? What is going?
The proclamation does not contain any explicit exemption for returning asylees, only for PR & USC. So If you are visiting any country with a travel ban (Canada, China, UK, Western Europe, Mexico and Brazil I believe), expect problems with CBP. In fact many countries are not granting entry to US citizens at this time anyway so unless it’s an emergency I would reconsider travel.
Unfortunately, the order is not more explicit, and I have not looked at the language recently. You might want to have a lawyer look at that again and research whether there is any exception written down anywhere so you can feel more confident about the travel. That said, I have not heard about anyone with a valid RTD by denied re-entry and I think it is fine, but it would not hurt to have some more specific info about the order. Take care, Jason
I would not even consider traveling at all under this Covid-19 climate which is an added weapon against asylum seeker, except it’s a matter of life and death.
Hello Jason, Thankyou so much for running this forum it is extremely informative and gives every single one of us great hope.
My question is regarding citizenship process. I will be eligible to apply for citizenship in December, per your information is that process delayed too? If we send/submit our application on Dec 1st, when should we expect to have the passports in our hands. Please advise. Regards.
You can check the processing time for an N-400 at http://www.uscis.gov, but there is no way to know how things will be operating by December. There are currently delays with citizenship, and oath ceremonies for people who have been approved, and so I expect there will be delays for quite some time. For our asylum clients that naturalized pre-pandemic, I think it took about a year, but we have had cases done faster than that and slower. I guess this is a long answer to say that I really have no idea how long it will take. Take care, Jason
Dear Jason and recently applied asylum seekers,
I applied for asylum I-589 application in late April and the application was rejected due to N/A errors.
I received all my materials back in 14 days from Nebraska Center with Notice of Action dated May 08, 2020.
Then I mailed my revised application on May 08, 2020. The USPS tracking says Nebraska center received my application on May 22, 2020. (I have the proof of the delivery. The same person, who got the first one, received it)
After 40 days, I called USCIS for USCIS initial receipt and they gave me contacts of San Francisco Asylum office, which has jurisdiction over my case, to inquire. But San Francisco office said they do not have my case with them, because my case was not uploaded to their system. I tried to contact Nebraska Service center but no answer from them.
Now it’s been over 60 days since NSC received my application. No receipt or rejection in my mail box until now. I am sure it is not lost on the way because I have the proof of delivery. Can my application be lost within NSC building? Or did they (USCIS) just throw away my application to garbage bin?
I am so frustrated and desperate.
Did you guys hear any similar cases like mine? Please share your thoughts
Sincerely apologize,
NEM
Dont take any risk . Hire any good attorney so that you can run on right way .be frank all immigrants are making money dont show off we are poor or any other excuses. You can be educated but now a days if you make any mistake that can be problem for you in immigration
If you send the application to the incorrect service center, it sometimes disappears like this, or maybe it is just lost internally. If calling USCIS and contacting the local asylum office have not helped, you might try an inquiry with the USCIS Ombudsman (a link is at right). You can also file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of your file, and sometimes that works for people who did not get a receipt. Unfortunately, both the Ombudsman and the FOIA take months. So maybe you also want to send a new application. If you do that, include a cover letter stating that you previously filed an application and that you never got the receipt. Good luck, Jason
Dear Jason,
Today i got my receipt number.
Today I called the local asylum office again and they said they already sent the receipt to me 2 months ago. But did not received it in my mailbox. so they sent the copy of receipt by e-mail to me. A month ago when I sent them an inquiry by e-mail, the local office said they had no my application. It looks like they forgot to send my receipt two months ago. what a shame!
Anyway, I got my receipt copy today and my clock is running already.
Thank youuuuu Jason for your kind advises and everything. I will be reading your blog and comments daily and share my case proceedings when something comes up.
All the best wishes to you.
Regards,
NEM
That is good news. I also recommend you file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov). This is free and should get you a copy of your whole file, including your receipt. You may need the actual receipt later on, so it is worthwhile to get it. Take care, Jason
Thank you Jason,
I will do so as you recommended.
Best wishes
NEM
Dear Jason,
Sorry for kept bothering you. I am planning to file form G-639 as you recommended.
But there are several file types to choose. such as:
-Alien file
-Apprehensions
-Birth certificate
-Entry documents into us
– and so on…….
Please please help me choose a correct one.
Sincerely apologize for the inconvenience.
NEM
Probably you want the alien file – you want to get a copy of the entire file of USCIS, and so you can specify that you want all documents in your case, including documents you filed, receipts, biometrics, USCIS notes, etc. Take care, Jason
Hi Jason,
I’m filing for the I-131 (Refugee Travel Document) by myself and have multiple questions:
1- I can’t find any mailing address field. Does that mean they can only send it to me to my Physical address (in the US)?
2- Question 6 asks about the class of admission: I entered in a B1/B2 visa but now an Asylee with an I-94 (no GC yet), should I enter Asylee or B1/B2?
3- Reason for my travel, I plan to enter “Leisure”, is it acceptable?
3- I’m attaching a cover letter, Fees, Application, copy of my I-94 & copy of my Passport, anything else needed you think?
Thanks!
1 – I guess that it correct, though there is an option in part 3 to get the RTD overseas, though I would not recommend that (in case it gets lost and you have no proof to get back). As for the other questions, I cannot answer such specific questions, as I do not know your case. For questions where you are not sure, you can put both (sometimes you have to hand write the answer, as there is not enough room in the fields – for example “entered on a B visa; currently an asylee”. As far as I remember, you do not need any reason to get an RTD, and so I think it does not matter what reason you give. As for the documents, you have to check the instructions. Certainly you need a copy of the asylum approval and we always include 2 passport size photos, but the instructions should list everything you need. Take care, Jason
Dear Jason
Im so pessed off i have been waiting for my decision for almost a year finally i got an email like this what should i do there is no date and time. Can you please guide me “””” Dear Sir/Madam,
Thank you for your email. This case has been filed with the court. The applicant below does not have an affirmative case pending with our office. You will need to contact the customer contact center for further instructions concerning biometrics. Field Operations are instructing all Biometric requests to go through the customer contact center. More information can be found at http://www.USCIS.gov.””””
Dear jason
Followed with another email from Arlington office
They sent another one im wondering how can they sent two different email have you ever come a cross such email
“”””” Dear Sir/Madam,
Our office apologizes for the incorrect information as shared in our last email to you. Your case decision is still pending with our office. Your case is still with our office, not with the court. The initial you sent a few days ago with your therapist letter has been forwarded to supervisory personnel for review. If you do not hear from us in 45 days, please send another email inquiry.
You can now check your asylum case status and your work permit (EAD) status online at http://www.uscis.gov/casestatus. Just enter the receipt number, ZAR #, from your “Acknowledgment of Receipt,” the notice we mailed you to confirm that we received your application.
Ugh. Well, at least you have an answer. I think the best bet is to wait. Hopefully, you will get a positive decision. If there is no news, you can inquire after 45 days. At that point, you might also consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Strange. You can call 800-898-7180 and enter your Alien number. The system will tell you if you have a case in court. If so, and if you never received anything from the asylum office, you can email them to ask what happened. They probably will not help you, so you can also file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of your file, and maybe learn what happened. Take care, Jason
Hello Mr Jason, I would like to share my asylum case with you and give me your advice if possible. my asylum file has been pending for 3 years 7 months, I am married to an American citizen and we have two children 10 years and 8 years old. we would like to submit an i-130 but i don’t have i-94 what do you think sir jason? Please give me some advice, what should I do in this case? thank you in advance
If you did not enter legally, it may not be possible to get your GC without leaving the US. I wrote about this issue on August 8, 2018 and on August 28, 2018. Those posts may help, but you probably need to talk to a lawyer about whether you are eligible to get the GC. There are some rare exceptions, which I think I discuss in those two articles, and maybe a third article from September 6, 2018. Take care, Jason
Hi Jason,
Thank you for everything you doing for this blog
I have a question can I still change my address even though my case is in court , my previous address it’s a family address I can get my mail any time .
Thanks
You can and you are required to give the court the address where you live – use form EOIR-33. You can Google that form. Make sure to send a copy to the court and a copy to the DHS Office of the Chief Counsel (there are links at right to both offices). Take care, Jason
Hey Jason!
I federal judge struck down the law that says asylum seekers that go through the US or Canada cant apply in the other. Do you think alot of people are going to head north now? They’re really just miserable waiting here
The agreement still applies to people who come from Canada to the US, but it seems that asylum seekers who leave the US and go to Canada are not subject to the Safe Third Party Agreement. I do not know if that covers all asylum seekers or if that decision will be appealed, and so if a person wants to go from the US to Canada to seek asylum, they should talk to a lawyer in Canada before trying to go there. If I were an asylum seeker and I could go to Canada, I would definitely consider it. It is a sad commentary on the state of our country. Alternatively, asylum seekers in the US can volunteer for the Biden campaign and hopefully help get us better leadership (asylum seekers can volunteer – they just cannot vote). Take care, Jason
Jason,
I read the article too. The new law is not effective until January 2021, so anyone who goes now is still risking detention.
I see myself putting back my home in the market, and heading that way if Biden does not win ,and/ or I do not get an interview by December.
Five years in limbo is a slow killer.
” If I perish, I perish”.
Tina I have been waiting 5 years and 7 months for the interview call, I know how it feels.
@Will, I hope this limbo ends for us all soon.
Hay Tina, I waited 4 years for the interview, and interview held in 2018, but waiting for the decision. I don’t know the time before the interview was more painful than now, but now, I know I am in the queue. (My file may be in a dump near the trash can in some office)
Do not get dishearted, I saw someone posted here, who filed in 2014 and got a decision in June last month. So they are still working.
Thanks for the kind words. Good luck.
Hello Tina,
You are not on your own Tina. I have been waiting for the decision for 4 years but it looks like USCIS would like to find the angels’ sex through my application. I will end up putting my home back in the market and find a safe place for my family. USA is becoming a very unsafe place for me and my family . Let us all give it a bit of time
Apt! @ asylee
Apt @Desperate.
Hi Tina,
None Asylum question :), May I ask if you got conventional loan to buy a house? We tried and they are not accepting our Asylum EADs, they loan officer is asking for other type of visas (H1b, L, O, …) or residency (GC).
A few banks accept our EADs.
I work for a bank that declined me and told me to come back when I have my asylum approved.
If you are comfortable, post your email and I can email you privately.
Oh, I missed your actual question. It was conventional! Apologies!
Hi Tina, we are on a same boat. I’ve been waiting since June 2015 with two kids. We’ve been suffering from the family separation too.Every day multiple times pray that our kids will meet their dad soon.
I’d like to know what was the longest waiting time to asylum interview in USCIS ?Does anyone wait 10 years or more to get interviewed?
I only thought about a long pathway in immigration court . May be 15-20 years waiting …..I’m really desperate.
As I mentioned, we’ve been waiting for more than 5 years to interview in asylum office in Los Angels,My son, who is 16yrs now hasn’t seen his dad more than 6 years.Last night, he asked me how he could send his voice or write down to someone that kids suffer as well during a long wait time .He likes to let them know kids suffer from a family separation and nobody cares for them in asylum system.He believes there is a humanitarian way to present himself and hope they could see the life from kids point of view.
Please give me Your advice !
We’re lucky to have Jason , who is a Master in immigration laws .you are our reference in immigration.
God bless you and your family!
This is a good idea, and at least gives him some power. Maybe reach out to some journalists that have written about asylum. I just heard this podcast and thought it was very good. Maybe he wants to reach out to them: https://vpm.org/resettled. Take care, Jason
There is no way to know what is the longest wait times. I have a case from the mid-1980s, but there are many reasons the case took so long. Unfortunately, the system is a complete mess and we cannot predict how long cases will take. You can always try to expedite – I wrote about that on March 30, 2017. Sometimes, that can help. Or if you were interviewed already, you might try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
@Barbenj,I am so sorry.
I feel you because I have kids too.
If Trump stay, I may join you…
😂😂😂
😂😂😂😂😂. Those of us staying still need you around. Please stay!
Hi Tina,
Please avail me some information on the mortgage/housing loan: mentor_age@yahoo.com.
Thank you.
@mentor, I will just post a general info here for you and Eb2.
Go online and research alterra mortgage, and rocket mortgage. Reach out and talk to them about your immigration status.
Good luck.
Hello Jason,
I applied for GC based on approved asylum last month. I received notification by mail from USCIS that states that they will used my previous biometrics and that I will not have to go for an appointment at ASC. Is this a new thing or has this always been the case? Does that mean I will not have to go for fingerprinting at all?
Thanksx
I think this has become more common since the pandemic, but I do not think it is completely new – if I remember correctly, we would see it sometimes before the pandemic. I think you will not need to do the fingerprints at all, unless they call you for an interview (which they do in some cases, but not all), as I think you get printed at the interview. Take care, Jason
Hi Jason,
I got an email from Arlington asylum office,
Here is the content,
Dear Sir/Madam,
Thank you for your email. Your inquiry has been forwarded to the appropriate supervisory personnel. If you do not hear from us in 45 days, please send another email inquiry.
Do you think it’s a good news, or i just bite the dust.
Thank you jason
You never know. They send emails like this a lot, but sometimes, they actually do take some action. All you can do is wait and hope for the best, and if nothing happens in 45 days, email them again, or try some other path (maybe a mandamus lawsuit – we wrote about that on October 2, 2018). Take care, Jason
I have been saying all long that the Canada-U.S. “Safe Third Country Agreement” is unconstitutional, especially since refugees and asylym applicants in the U.S. are currently being ostracized, demonized, and treated inhumanely by the current administration. It appears I am not the only one who believes this as the Federal Court in Canada just ruled that the agreement is unconstitutional.
I have been lobbying for Canada to re-think this agreement with the U.S. and now it seems there is some hope. I asked my friends in Canada to write letters and demand that this agreement be abrogated.
Please see link below. Enjoy the read.
https://globalnews.ca/news/7205230/federal-court-rules-canada-u-s-safe-third-country-agreement-unconstitutional/
I can’t say I disagree with their decision. It is pretty sad that we have fallen so far. Take care, Jason
One area they haven’t slowed down though is pulling money from your bank account. Last week I was up late, then got a notification from my bank about $1,200 being pulled. Went to check because it startled me. There it was, USCIS. If they can take my money that fast after just submitting the application in the early part of the month for my green card, then they certainly can expedite processing it too.
I am hoping when Biden becomes President, all of these fiasco’s will be reversed on day one.
Let’s hope. In the mean time, I hope people will consider volunteering for the Biden campaign, as there is no guarantee that he will win. Take care, Jason
I can’t live with that possibility. Is it okay/ lawful to contribute towards Biden campaign?
Sorry, as one person point out you cannot contribute money to a campaign. I should have made that more clear. You can volunteer in different capacities, but you need to check with the organization and make sure they understand your status. You can’t vote, of course. I am planning to write a blog post about this, which I hope to get to soon. Take care, Jason
Don’t cause problem for immigrants Jason , they are not allowed to contribute
Thank you – You are correct and that answer should have been more clear – a non-citizen cannot contribute money to a campaign. They should be able to volunteer, and would want to check with the organization and make sure to reveal their immigration status. Take care, Jason
Hi Jason,
Can USCIS deny your Asylum case if you forgot to update your address and they sent you the decision?
Thanks!
I have never heard about that happening, but technically, if a person does not update their address, I think they can be ordered deported for that reason. I have never heard of it happening, and there are probably many defenses against that, but it is better to never find out – so make sure to update your address if you move. Use form AR-11, available at http://www.uscis.gov. Take care, Jason
Hello Jason
Thank you as this is very helpful. this are really really difficult times for anyone who is hoping to get their asylum approved. Jason is it possible for the asylum office to review a case after it has been referred to the EOIR for adjudication? I mean with the facts that EOIR has a lot of cases, can the asylum office review cases and then make decisions again. Also for your clients who had their dates canceled during the lockdown have any had new data and if so how long into the future? it’s just tiring, really. this administration has done an is doing everything it can to frustrate good people and still, yet the economy is still not better yet its going worse. cant they see asylum seekers are not the problem?
If the Asylum Office refers a case to court, you can file a motion to reconsider. I think the motion must be filed within 30 days and you need to show a clear error in the decision. I have successfully gotten cases returned from EOIR once or twice, but it is usually not worth the effort. If you have a case in court, you can file a motion to advance – I wrote about that on April 20, 2017. We have had some cases rescheduled, but it varies a lot by judge. For some cases, it was only a few months. Once case was re-set to 2024. Take care, Jason
Hi,
Thanks for the updates.
What happens if the card is approved but I don’t receive it even after 6 months of the automatic extension?
Can I still continue to work?
Thanks.
If you are an asylee, yes. But if you are still waiting for a decision in your asylum case, you can only legally work if you have a valid card or if you are using the receipt to extend the card by 6 months. After the 6 months, you cannot legally work. If you are in this position, make an inquiry with the Ombudsman, as described above, and maybe try calling USCIS as well. Take care, Jason
Jason, thanks for the update. Do you have any idea how all of this is affecting application for Refugee Travel Documents/re-entry permits?
I do not know, but everything is slow now. I have not heard specifically about I-131 forms. Take care, Jason
Hi Jason,
I have applied for I-131 RTD February 18th . “My Case was updated fingerprints were taken May 11th. “ Now USCIS processing time Nebraska office is February 22 but my case is still pending. I inquired my situation but haven’t heard from them.
Did you inquire by phone to tell them that the case is outside normal processing times? If not, try that: 800-375-5283. Otherwise, you can contact the USCIS Ombudsman office (a link is at right). They sometimes help with delayed cases. Of course, everything now is a mess and so that may be the problem, but there is no harm in trying to contact them and follow up. Take care, Jason
Hey thank you for posting this , you could not be anymore informative and throughout and most importantly you are making people aware which is the goal . I think that two things are critical right now, number one : push Congress to fund USCIS , number two: push USCIS to process what people paid for and if they get the money push them to do a better job, period , hold the accountable . Thank your posting this and please let us know if things change when it comes to the furloughs and printing plant issues.
Jason, thanks for the update
Thank you so much Jason! do you think that the proposed bill now will be passed? I contacted my representatives in PA as well as a lot of friends around me who did the same
I haven’t seen where things stand – I thought the House would pass it, but the Senate is undecided. We’ll see. I still think there is a decent chance Congress will step up with the money. Take care, Jason
Thanks Jason, for the update.