The Trump Administration came into office with the express goal of tightening rules related to asylum eligibility. Their efforts have resulted in reduced due process protections for asylum seekers, along with increased evidentiary burdens. Since the advent of the COVID-19 pandemic, the Administration’s anti-asylum rule making has gone into overdrive. If recently proposed regulations go into effect, asylum seekers could be denied protection simply for having passed through a third country or for having failed to pay taxes. Worse, these new rules will likely apply retroactively, thus potentially disqualifying some asylum seekers for choices they made years ago. While the asylum process was never easy, all these recent changes have made it much more difficult to successfully navigate the system, especially for those without legal representation. Here, we’ll review some data about asylum grant rates, discuss the process of seeking asylum, and talk about how a lawyer can help.
Data on Asylum Seekers
Unfortunately, it has never been easy to obtain solid statistics about asylum grant rates. One problem is that different asylum cases are adjudicated by different agencies. “Affirmative” asylum cases (where the applicant is inside the United States and initiates a case by submitting an asylum form) and “credible fear” cases (where the applicant presents at the border and requests asylum) are adjudicated by the Department of Homeland Security, by an asylum officer. “Defensive” cases (where the applicant requests asylum as a defense to being deported) are adjudicated by an immigration judge at the Department of Justice. Different agencies track data differently, so we do not have solid statistical information about overall grant rates. But we do have some pretty good data demonstrating that asylum grant rates are trending down and that having a lawyer helps.
According to TRAC Immigration, a nonprofit that collects and analyzes data from our nation’s immigration courts, pro se asylum applicants in 2019 and 2020 were granted asylum in about 13 percent of cases. During the same period, represented applicants received asylum in about 30 percent of cases. So, having a lawyer more than doubles the likelihood of a positive outcome. Also, the data indicates that it is getting more difficult to win asylum. In 2012, about 55 percent of asylum cases (represented and pro se) were granted. Since then, grant rates have dropped—to 41 percent at the beginning of President Donald Trump’s term and to about 25 percent by March 2020.
The Asylum Process
As noted above, there are two basic paths to asylum: affirmative and defensive. In addition, asylum seekers who arrive at the border or an airport and request protection undergo a credible fear interview, which is an initial evaluation of eligibility for asylum.
In an affirmative case, the applicant completes a form and an affidavit describing his fear of harm, gathers and submits evidence in support of the claim, and is eventually interviewed by an asylum officer. For a defensive case, the applicant typically appears before an immigration judge two times. The first appearance is called a master calendar hearing, which only takes a few minutes. At that stage, the judge determines whether the applicant is “removable” from the United States and what relief she is seeking (asylum and/or other types of relief). The judge then sets a date for the individual hearing (the trial), where the applicant presents her claim for asylum through evidence and testimony. Neither process is fast, and it is common for an asylum case to take several years.
A credible fear interview is more truncated. Most applicants have little or no evidence when they first arrive, and so their testimony becomes more important. If they demonstrate a “credible fear” of persecution in their home country, they are referred to an immigration judge to present a defensive asylum case. If they do not demonstrate a credible fear, they are usually quickly deported from the United States.
Preparing an asylum case—affirmative or defensive—can be challenging. The attorney needs to work with the client to write a detailed affidavit describing the asylum claim. This often involves discussing painful events from the client’s past. Obtaining evidence from other countries can also be difficult, as witnesses are overseas and may be reluctant to risk their safety by writing a letter or sending documents. In preparing a case, the attorney needs to resolve any inconsistencies between the affidavit, evidence, and country conditions, since inconsistencies can lead to a finding that the applicant is “not credible.” Also, the attorney must articulate a legal theory for the case; not everyone who fears harm in the home country is eligible for asylum, and so the attorney must examine the facts and determine the basis for eligibility. Finally, some applicants may be barred from asylum—for example, because they failed to timely file their application—and so the attorney must identify and address any legal bars to asylum.
How Pro Bono Lawyers Can Help
All this can be daunting, even for a lawyer who specializes in asylum. So, how can a pro bono attorney—who may not be familiar with this area of the law—help?
On this front, the news is good. Most asylum cases are relatively straightforward, and anyone with legal training and a bit of guidance can make a positive difference in the outcome. Also, excellent support and mentoring is available for lawyers who decide to take on a case pro bono. In representing asylum seekers, most pro bono lawyers work with a nonprofit organization, and these organizations are expert at identifying compelling cases and providing support to attorneys who do not specialize in asylum. (For some ideas about where to volunteer, check out these immigration nonprofits). Finally, while asylum cases can take years (due to government delay), the amount of attorney time needed to properly prepare and litigate a case is quite reasonable. Total prep time for a case is usually between 15 and 30 hours. For an affirmative case, applicants have only one interview, and those usually take three to five hours. Court cases usually involve two hearings: The master calendar hearing might involve waiting around for an hour or two, but the hearing itself requires only about five minutes with the immigration judge. The individual hearing (the trial) typically takes two to four hours. So, all together, the time investment is not terribly burdensome.
As for credible fear interviews, because they are not full cases and because they take place within a day or two of the applicant’s arrival in the United States, they require even less attorney time. In some cases, there is no time to prepare in advance, and the attorney’s role is simply to make sure that the asylum seeker’s interview is fair. Other times, it is possible to gather country condition evidence or other evidence in advance of the interview.
What’s It Like to Do an Asylum Case?
Having myself represented hundreds of asylum seekers, what keeps me interested are the clients’ stories. Of course, many of these stories are sad, but they are also hopeful. Asylum seekers are survivors. They have escaped danger in order to build a better life. Many asylum seekers are well-educated, successful people: politicians; activists for democracy, women’s rights, or LGBTQ rights; interpreters who’ve served with the U.S. military; members of religious or ethnic minorities; journalists. Asylum seekers I have known tend to be very patriotic towards the United States, and my clients’ faith in the American Dream is a source of constant inspiration for me.
The asylum process today is more difficult than ever. Many applicants with valid claims will be denied and deported unless they have help from an attorney. Equally important, applicants need someone in their corner to answer questions and provide moral support. Representing an asylum seeker pro bono can help change your client’s life. It can also be one of the most rewarding experiences of your legal career.
This article is by Jason Dzubow and was originally published in GPS Solo, Volume 9, Number 12, July 2020. Copyright 2020 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
hi Jason
my lawyer expedites i730. due to PTSD some medical reports and doctor letters. do you think that’s gonna work I am the applicant we both in the USA application center is NSC . and how to keep updated with the application do I need to call uscis or NSC?
It may work, but USCIS is such a mess now, it is difficult to know how long it will take to process any type of application. As for updates, you can sign up with USCIS to get email or text alerts if anything happens in the case: https://egov.uscis.gov/casestatus/disclaimer.do. Take care, Jason
Hi Jason.thank you so much for all that you do,my question is about changing my status,my case is still pending at the immigration office and it’s almost four years,I recently met my fiance 2years ago and now he wants to file for me so I can get GC;please advice me on what to do,should I get a lawyer or what do suggest I do. Thanks in advance
I did a post about this on August 6, 2018 – that might help. As for a lawyer, you may want to do that. It used to be easier, but now, with the public charge rule (which applies to most applicants, depending on where in the US you live), form I-944, available at http://www.uscis.gov, things are more difficult. Take a look at all the forms and if you feel comfortable, you can do it yourself, but if you can afford a lawyer, it may be a good investment given how USCIS has tried hard to make the process more difficult. Take care, Jason
Thank you!I appreciate your help
Dear Jason,
1. Is it beneficial (giving extra points) for the AO interview/decision when the person is also approved for another visa (there are no visa numbers in the next decade due to 10,000 yearly cap and only Deferred Action is granted though, but the avenue leads to PR in 15 years – U Visa)?
2. Can the asylum be put on hold or withdrawn until the visa is granted? Can the asylum be refiled if ultimately the visa is not granted or if too many years pass by without the visa being issued and the person gets exhausted of waiting?
3. What is the weight of the good moral character factors (job in US, education in US, time in US, children in US) on AO level or they play more on court level, assuming the person meets the refugee definition and the case is solid?
1 – Usually not, but I guess some officers would view that favorably. Make sure your asylum case and your U visa case do not have inconsistencies between them, or it could have a negative effect on your credibility. 2 – In my experience, the asylum office will not put the case on hold. You can try to withdraw the asylum case if you have another status, but if you have no status (other than a pending application for another visa), I do not know that they will let you withdraw. Sometimes, for a case in court, if you have a pending visa, the judge will administratively close a case, but that is rare these days. 3 – If you show that you are eligible for asylum (you meet the definition of refugee), then the AO or judge can grant asylum as a matter of discretion. Good moral character is relevant to the discretionary part of the case. Also, AOs may feel more comfortable granting asylum to a good person, and so in this (intangible) way, it may help you with the case. Take care, Jason
Bausker,
Are you kidding? 10 years before visa becomes available for you? Unbelievable!
Hello Jason!
Hope all is well…
I recently received news from my attorney that certain courts under EOIR have implemented a “telephonic appearance” policy, make it optional for respondents to appear their hearings telephonically.
https://www.justice.gov/eoir/page/file/1304301/download
My attorney is seeking a telephonic merit hearing for us, we signed the paperwork and sent a request to the court for the original hearing date next month.
Do you have any experience with such proceedings? I know that the judge can approve or deny such petitions on his/her discretion. Is it very hard to conduct a merits hearing on the phone? As I heard, the judge, the DHS attorney, us, and an interpreter will all be at different locations phoning in a conference call.
Are there any concerns for negative outcomes just because of the method of the hearing?
I am so anxious and stressed now, on top of this whole pandemic, my job, school starts in 2 weeks and there is another difficult thing to do soon.
I believe G-d will be on our side and we will get through this soon.
hi Celia
mine is in SF immigration court and also trying to do by phone . in which court your hearing is?
I’m in New York City…
Everyone has to do what they feel best, and if you think a telephonic hearing is safest, and the judge agrees, that is best for you. It is more difficult to do a case remotely (I have not done an Individual Hearing by phone, but I have done Master Hearings, and I have done Individuals by video). If possible, your attorney can try to talk to the DHS attorney to see if they will agree to any aspects of the case. You will have to talk loudly and clearly for the interpreter, and probably each person should have a copy of the exhibits to look at. I think it can be done, but I do think it will be more challenging. Take care, Jason
Hello Jason,
I won the asylum 10 months ago (after waiting 7 years). Now I am getting ready to start the I-485 application.
1- Is it too complicated to fill and send the GC application myself? I didn’t file for my original I-589 when I applied for asylum. However, I used to do the EAD renewals every year for myself and my family members. I applied for TPS myself as well. So I have a decent experience in dealing with some other USCIS forms.
2- Do you advise having a lawyer for GC applications? I would rather if not as my experience with my “reputable” layer was horrible.
3- I am reading your June 29, 2018 article (What Happens When Asylum Is Granted?). Do you recommend any other article/reference?
Thank you very much
Hey Jamie,
I don’t know if you have been following this recent topic.
You seem very conversant with the law here, and seem to articulate your thoughts in a manner that makes a lot of sense.
I also do know from your post that you are a permanent resident.
One plea: Can you please help us look at Jawid’s last draft copy, and help us with the letter? I know it is too much to ask, without knowing your schedule.
We will greatly appreciate it.
Tina, was this for me or someone else?
Yes Jamie.
1 – It is not too complicated, but be careful, as some yes/no questions are tricky. Especially be careful if you ever made any misrepresentations, since you need to admit that on the I-485 (even if you already told the asylum officer). In addition, I did a post on November 13, 2017 about some other tricky questions. Finally, make sure the I-589 and the I-485 are consistent. 2 – If you have a good lawyer, it can help, especially if you have any “issues” that need to be addressed. A small mistake on the form can result in a denial (and a loss of the filing fee), so just be careful. Of course, no lawyer is better than a horrible lawyer. 3 – See # 1. Take care, Jason
Please help fellow immigrants.
Please Sign the below petition.
http://chng.it/T4ms2FXppC
Thanks a lot for your help!
Jawid
Hi everyone,
Below is an improved version of the petition. Please read and suggest any changes and how to disseminate it.
USCIS Should Change Asylum Seekers Interview Scheduling Policy
There are over 1 million cases pending in (immigration) court. Many of them are asylum seekers. In addition, there are over 350,000 cases pending at the asylum offices.
Majority of pending cases both in the immigration court and asylum offices are pending for more than 3 years. Most of the asylum seekers with pending cases have their families left behind in their original country facing danger. The asylum seekers with years of pending cases go through stress, depression, anxiety and anger issue. Also due to their pending cases, they are missing on educational opportunities, financial opportunities, and career opportunities, right to vote a tricky issue but very important, scared to use free speech because of repercussions.
I have a pending case for almost 4.5 years now. When I applied for asylum in April 2016, I was told there is a waiting list for asylum seeker interview and you will probably get your interview in 2-3 years. So I joined the waiting list. But, just as I started seeing light at the end of the interview waiting list tunnel, USCIS changed the interview scheduling rules.
On 01/31/2018, “U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog.” “This priority approach, first established by the asylum reforms of 1995 and used for 20 years until 2014, seeks to deter those who might try to use the existing backlog as a means to obtain employment authorization. Returning to a “last in, first out” (LIFO) interview schedule will allow USCIS to identify frivolous, fraudulent or otherwise non-meritorious asylum claims earlier and place those individuals into removal proceedings.”
With LIFO, my life was further affected. I cannot put in words the emotional and mental suffering it has caused me and I go through. I can say this much that my incisor teeth are badly damaged because of the constant pressure I put at them as a result of the stress I suffer because of a pending case. Well, I know about teeth guard. I can give few examples of how the LIFO and the extended backlog has affected me in materialistic was. Mine is just an example, there are hundreds of thousands others like me who have their own stories and how LIFO has hit them hard.
I was approved for admission at Virginia Commonwealth University for a Post-graduate Certificate, but I had to pay “out of state” fee because I have a pending asylum case. Even though I have been paying State taxes for last 3 years, my car is registered in Virginia and since January 2016 I have lived in Virginia. I did not pursue the course. I can speak, write and read 4 languages, and only speak a fifth language, but I cannot utilize this skill because mostly jobs with extensive language requirements, also require “security clearance”, security clearance require a minimum of “Permanent Residency”, I cannot get clearance because I have a pending asylum case since 4.5 years. I want to meet my parents in a third country, I cannot not easily do it, because I have a pending asylum case since 4.5 years. I don’t contribute “extra contribution” towards my retirement which is met by my employer, because I have a pending asylum case since 4.5 years and I’m not sure whether I will ever benefit from retirement. These are few examples of how a pending case can affect a person’s life.
Since January 31, 2018, thousands of asylum cases have been processed and thousands of cases have been approved as well. I am happy for those who had a genuine case and have been granted asylum. But is this ethically right that one waits years in limbo and another gets approved in a month? If for not the personal pain and emotional suffering asylum seekers go through after getting stuck in the backlog, just take paying taxes into consideration. Those stuck in the asylum backlog for years, have been paying Federal and State taxes for longer time than a person who applies today and gets an approval in a month or two.
Let’s have a look at two case timelines under “Last in, First out” interview scheduling policy.
Case 1:
Applied for affirmative asylum: April 2016
Interview: Waiting for interview for almost 4.5 years
Case Status: Pending asylum
Case 2.
Applied for affirmative asylum: April 2019
Interviewed: June 2019
Case Status: Approved July 2019
Applied for Green Card: July 2020.
Is this justice with people like me who have been paying taxes for years, taxes which in part fund Department of Homeland Security and other Federal and State agencies which will be processing documents for a person who has not paid a single penny in taxes but already benefits from taxes paid by those stuck in backlog for years?!
Let’s say a person who pays Federal tax, Medicare tax, Social Security tax and State tax for years, and gets rejected after years of waiting (not because the case was not genuine but e.g. country situation changed or USCIS changed eligible categories…), will it be fair and legally right to take their money for “social security” which they won’t benefit from or spend his/her money on others?
I have no expertise to answer whether it is legal or not, but I think it is not ethically right to ask person A to pay taxes and wait in a limbo for years. On the other hand spend the same taxes Person A has paid on person B who has not paid a penny in taxes, has been in USA for less than a month or a year, gets an approval, and enjoys all the benefits tax paying Person A cannot because of a pending asylum case for years!
What can USCIS do to address older cases in backlog?
1- Re-instate “First in, First Out”.
2- USCIS should divide its resources between oldest cases and newest cases. So both old and new case can be processed and fraudulent applicants don’t misuse asylum system.
3- Issue combo cards, EAD+ Travel documents for those with more than 5 years of pending case, so at least they can visit family members in a third country easily.
4- Add premium paying option: Some may be ready to pay a premium for their case to be processed like there is premium for processing some visa types. There can be criteria for paying premium e.g. minimum 3 years of pending case. There can different categories of premium say a 5 year old pending case should pay $1000, a 4 year old pending case should pay $1500, and a 3 year old pending case should pay $2000 to get a premium processing.
Jawid,
You did a good job with the final draft..
I posted a message here for Jamie yesterday, but have not heard back, to see if Jamie can help add a legal perspective, and some professional touch to it.
Let us hope she has the time to assist, There is still work to do on it, since we are all sending the same one.
.
Jamie,
Apologies for assuming you are a female. I have a female Jamie at work, and my head made that assumption. I discovered the mistake after I posted the message for Jawid.
Tina,
I see many have pending case for more than 3 years. They complain about it, but hardly contribute to this petition. This petition is not for individual case, it is a collective measure. I hope others will contribute towards making it better and then disseminating it.
Meanwhile I have started sending emails out. I sent an email to NPR’s Joel Rose (jrose@npr.org) who reports on asylum and other immigration issues. Haven’t heard back from him yet. May never hear, but I will try my part.
Please work on it and post your draft.
Jawid
Thanks, Jawid for all the efforts.
I am not off work again until the weekend.
I will work on it when I am off, and send out too.
Thanks
To
……
….
Re: REQUEST TO HELP THE NEGLECTED “HUMAN BEINGS” KNOWN AS “ASYLUM APPLICANTS” OF THE UNITED STATES OF AMERICA.
Dear Sir/Madam,
This is the voice of not thousands but “MILLIONS” (I will explain below why millions) of people who are living under the umbrella and protection of the United States, believing that there is some humanity left in the world and need a little help to enable them to live a life that is a right for every human being. This is something that we believe the United States is made of, and the people of the United States believe in the system and elect you as the guardian of their rights and their beautiful country.
1. According to rational knowledge, there are about 1 Million of Asylum cases that are pending in the system, including courts and the asylum offices. This is important to note that every case has a “family” and some of them have filed their cases “individually”, there are some cases where a family of normally 4-5 persons is relying on their principal applicant’s case, they may be inside the USA with the principal and waiting for the decision or they may be waiting in their home country, hiding from the authorities that are willing to eliminate their existence or trying to punish them because of the “ASYLUM APPLICATION” filed by their relative in the United States. Overall, the people affected by the impugned acts that are being done by the administration are affecting millions of people.
2. The majority of the cases that are pending in the asylum offices are more than 3 years old, but their are some cases especially from Muslim countries that are pending for more than 6 or 7 years because there is an active background check is running, which will be running for an unknown period. Normally an applicant should receive his/her interview notice within 180 days. But this rarely happens because of the workload in the Asylum offices. When an interview is not held within 180 days, the applicant becomes eligible to file a request for Employment Authorization, after obtaining the EAD card, the applicant will be able to get employment (* without discrimination*) of their immigration status. However, most of the jobs that fit the eligibility of the applicant are not offered because they have a pending asylum case. This discrimination is noted by the authorities but no one can do anything about that, because again we are a “Neglected Community of the USA”.
3. As discussed above, because a case that is pending since last about 180 days, makes an applicant eligible for employment, this ground “Clicked” in the mind of the present administration as a ground to stay illegally in the US by the people who allegedly come here just to get employment and other benefits, and it allegedly triggered the ground to not keep the new cases pending for 180 days, and the mechanism to “fight” this alleged illegality was “suggested” by some “EXPERT” to change the system of the interview.
Before February 1, 2018, there was a system that was called “Last in First Out” that was supposed to be the system to interview the applicants who applied first will get the chance to have an interview first. Because of that system, the interview dates were predictable and there was a clock that was suggesting online at about what time their interview will be called. That was not most effective but it was predictable and “WE” were aware that we are not left in a Black Hole to wait indefinitely.
The Administration announced a new system in January 2018 that is called “First in First Out” it means that the applicant who filed his application today, will be interviewed immediately, and the person who filed his application 6 years ago, will have to wait. This system is inhuman, illegal, discriminatory, and against the natural common sense, why? let me explain it below.
[John filed his case in July 2014 and was waiting for the interview, according to the clock before January 2018 he was told and predicted that his interview will be held in June 2018. He was preparing for his interview, and remembering all that PTSD that he had because of the trauma and pain and suffering and also the emotional problems he is having daily because of living away from his friends and family and not able to travel to a third country to meet them, but immediately, in one Administrative Order, his life changed and he was told to wait indefinitely because now the system will be “First in First out”. ]
[On the other side of the story, because of “First in First out” Joe who filed his case on February 4, 2018, was called for an interview within a week of his application, and his decision was in his hand within a month, and now he is on the route to becoming a US Citizen, his family traveled from his country to join him, and now he is living happily ever after.]
What happened to John? Where is he? What is happening with his family? What about the 6 years of his life plus an indefinite period in the future he will be waiting for? Is there any answer? ………………….NO.
Just put yourself in the place of the person who is in limbo since last about a decade, plus he cannot travel outside the USA. His parents who were alive when he left his country, now they are no more, and he was not able to see them last time, not even able to attend their funeral, which was impossible obviously, but he would have had a chance to meet them in a third country or invited them to the USA to visit him.
4. We know that we are not US Citizens, we are not permanent residents, we do not have the right as they have. But what about the thousands of US dollars that we pay as taxes. Not all Asylum applicants are living on the tax money of the US Citizens, most of them were persecuted in their home country because of their expertise, and a stand against the illegal and inhuman acts of their governments. They came to the United State to prove that they were not wrong. They were reputable doctors, economists, lawyers, journalists, and business persons. But first, they were forced to spend their savings in 180 days of waiting to get an interview, and when it was not held they waited to get an EAD to get a job. Have you ever imagine why most of the highly educated international person, who can speak 3-4 minimum languages are driving Uber and take orders at the restaurant? because their qualification means nothing to the system.
5. The USA is know for the efforts it is doing internationally for democracy. The first step is to clear out the system of King and Queen, who rule people just because they were born in a certain family, on the other hand, Obama can be a colored President of USA because this is what the United States is, and at least what we believed before.
Why is this relevant? Because a person who is born in the USA or born in a family of the US Citizen is treated differently than the person who is asking for the protection of this country. Is it based because in which family you are born? What language you speak? What color you have? maybe not. But because of your immigration status, specifically, because you have a pending case with the US Asylum system and you do not know how long it will take to decide whether you are allowed to be treated as a normal human being.
WHAT IS OUR REQUEST?
1. We request you to please, raise your voice to re-instate First in First Out system, so the oldest case would be decided at priority and everyone will have their turn when their time comes. It will eliminate the discrimination that is happening with thousands of people who are waiting indefinitely for adjudication of their cases.
2. Include travel benefits in the Employment Authorization Documents. A person should have liberty to travel without any discrimination. It will enable pending applicants to travel and meet their relatives in the third country. There are some jobs that need an applicant to travel internationally, but an asylum applicant cannot get that job, because they cannot travel. It is also discrimination and it has to dealt with.
Please help us and make a difference in lives of thousands.
Tina and Jawid, appreciate your help in this. I appreciate Jason who provided a forum to raise our voices. I hope I was able to assist.
No Seeker, thanks to you and Jawid for all the efforts, and yes, to Jason for this platform.
You captured a lot of my personal stories, Seeker.
A few observations: Where you wrote about January 2018, I suppose you wanted to write “last in, first out”.
You used “First in First out” in a couple of other paragraphs that I believe should be “last in first out” which is the current scheduling process👍👍.
Does anyone know how we can send this to Biden, and Kamala?
Just incase they win, which I pray, bringing this to their attention now, in my opinion will be a good thing.
My bad. Yes, it was Last in first out. I am glad if I captured some of your stories, actually our life is not different if we are in this queue of waiting.
I would not only send them to Democrats. This is a problem that has to be seen by all of the people sitting in those places. There are good republicans too and they are very active on twitter.
I do not want our issue to be seen as a political motive for any party, no matter who is in the white house, this is an issue of humanity and everyone should see it in their own perspective.
Thanks
Seeker,
Good job. Just fix LIFO and FIFO. you mixed them. Send it to as many places and people you can.
Thanks for you efforts!
Jawid
I think you should also reach out to Republicans, as asylum was not traditionally a partisan issue, though these days, it largely is. Nevertheless, contacting people who may disagree your position is the only way to persuade people to join your side. Take care, Jason
Hi Jawid, you write very meaningful and effective note, I would like to contribute in any way you guys decide to move on, just mention here and I’ll keep in touch through email or text or any other way which ever works.
We can fix this.
I just worry that my case will be denied in asylum office, in the court, in BIA, in circuit court…I feel it’s very hard to win asylum case during these time.
It can be difficult to win, but on the rare occasion when we actually receive a decision, we are still seeing a lot of grants. Most of the negative changes have been directed at Central Americans, to block people who fear domestic violence and gangs. More traditional asylum cases, where the person fear harm due to political opinion, religion or ethnicity, have not been affected as much. Overall, if you prepare your case and you have a decent claim, you should still have a good chance for success. Take care, Jason
Hi Jason,
My uncle did his asylum interview over 20 months ago and we still haven’t heard back. He’s over 70 y.o. and feeling very stressed about this it’s affecting his health. Already he feels afraid of the coronavirus. We sent an inquiry about 10 months ago but they replied “in process”.
Should I try getting a letter from doctor and try another inquiry or Ombudsman? It seems too early for Mandamus. I’m not sure what to do, I see him suffering and can’t help 🙁
Make another inquiry, preferably by email, and include a letter from the doctor indicating that the delay is affecting his health. You can find the office’s email address if you follow the link at right called Asylum Office Locator. You can also inquire with the Ombudsman – that is free and while it may not help, it won’t hurt. Take care, Jason
Dear Jason
Can you please clarify this im an asylum seeker and pending decision in Arlington did my interview last year. No decision yet!!
Im not asylee yet
Im receiving unemployment benefit ? Would that affect The decison of my asylum.? Im abit concern about it.
I have read in one of your comments that asylum are not subject to public charge. But im still asylum seeker not yet asylee.
Can you please tell receiving unemployment benefits at this stage where they have not yet issued decision would make difference???
Unemployment benefits would have no effect on an asylum case (and such benefits are not part of the public charge analysis anyway). You can inquire about your case by emailing the asylum office. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hay Jason, I sent an email to Arlington AO about more than 3 weeks ago, but no reply. How much time they normally take to reply and should I attach anything or provide any further information when I inquire? Thanks
It can sometimes take several weeks, but you can email again, as 3 weeks is kind of long to respond. If you have documents you need them to see, you can attach those to the email. Take care, Jason
HELLO SIR
MY INDIVIDUAL Hearing supposes to happen on 3 September but I call the court today and they said all the hearing postpone until September 4. when I check online portal it does not change and I call eoir 1800 number my hearing date does not change. should I prepare my case?
You can Google “EOIR DOJ Operating Status”, which should tell you whether the court hearing will take place. You can also call the court directly and talk to the clerk – you can find their phone number if you follow the link at right called Immigration Court. Take care, Jason
Hi Jason
Do you know any immigration mode or method for a child of 7 years who is sick of cancer and requires medical help and hospital visit often ? The sickness requires often medical help that is not available in her home country, she is alive today because she is in here and getting medicines. The Child is in the US currently with her parents. Thanks for your help.
She can probably extend a B visa if she has that. Otherwise, some type of prosecutorial discretion (where the government basically agrees not to deport the family for humanitarian reasons). There may be other avenues for her (including asylum), but it depends on the case – I know of nothing specific for someone with a health problem like this. Talk to a lawyer to get more specific advice about the situation. Good luck, Jason
Her family has a pending asylum case based on FGM but now referred to court. The FGM was to be done on kid by her fathers family who even believe it has brought the cancer as a curse on the family.
Her mother who did not go through FGM is the principal applicant, they were referred because the mum who is the principal applicant can not proof enough harm will be done to herself and not just the child who is a deriavative.
Do you take cases in Chicago or any referral to a good lawyer?
Whether a parent can get asylum based on harm to a child is a question that varies depending on the court you are in (different appeals courts have reached different conclusions on this point). One approach in a case like this is to show that she will be harmed for her political opinion – opposition to FGM. At least that is one idea. As for me, I can do a case in Chicago, but it would be more expensive, as I need to travel there, but you can let me know. I do not have a lawyer to recommend in that city. Take care, Jason
Hi,
Can everyone repeatedly write to their congressperson and senator?
I have been writing and asking to reverse LIFO and make it back FIFO.
Thanks.
Jawid,
I can make an effort at the text.
If anyone has a case pending since 2014, please post it here.
On the text I will include
FIFO/ LIFO and how it affects us
Our struggles with mental health
Our children
The wasted time of our lives in uncertainty
The legality of asylum, and the premise for our asylum applications, and the treatment we are receiving
The struggle to relive the past we came here to forget, etc.
Guys, please contribute all you want included in the text.
We need a link for the text so we just click, and send.
I will have it ready today.
Jason,
Can you help and giving it a legal language before we the pending cases share it with our Congressman, senator, ACLU, International Refugee Assistance Project, IRC.
There is a documentary in Netflix “Immigration Nation”. Even this documentary focuses just on ICE operation. Probably we are in a better position than those getting removed, but at least what the documentary says mostly those people have removal order from a Judge, which means they have had their chance to tell their story but were rejected.
Tina,
Here is my draft. You can add or change anything. Also lets make it a petition through change.org to ACLU and others. First three sentences are from Jason’s comment but I didn’t keep them in a quotation. Thanks.
There are over 1 million cases pending in (immigration) court. Probably many are asylum seekers. In addition, there are probably over 350,000 cases pending at the asylum offices.
Majority of pending cases both in the immigration court and asylum offices are pending for more than 3 years. Most of the asylum seekers with pending cases have their families left behind in their original country facing danger. The asylum seekers with years of pending cases go through stress, depression, anxiety, anger issue. Also due to their pending cases, they are missing on educational opportunities, financial opportunities and career opportunities.
I have a pending case for almost 4.5 years now. I lost educational opportunity because I had to pay “out of state” fee which I cannot afford. I can speak, write and read 4 languages, and just speak a fifth language, but I cannot utilize this skill because mostly jobs with extensive language requirements, also require “security clearance”, which I cannot get because I have a pending asylum case since 4.5 years. I live in rural area, for my family safety at night, I would have legally bought a gun to protect my family till the police reach (generally 10-15 minutes), but I cannot do so because I have a pending asylum case since 4.5 years. I want to express my political opinion and have the “right” to vote on political and social issue, but I cannot do so, because I have a pending asylum case since 4.5 years. I want to meet my parents in a third country, I cannot not easily do it, because I have a pending asylum case since 4.5 years. I don’t contribute “extra contribution” towards my retirement which is met by my employer, because I have a pending asylum case since 4.5 years and I’m not sure whether I will ever benefit from it.
On 01/31/2018, “U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog.” “This priority approach, first established by the asylum reforms of 1995 and used for 20 years until 2014, seeks to deter those who might try to use the existing backlog as a means to obtain employment authorization. Returning to a “last in, first out” (LIFO) interview schedule will allow USCIS to identify frivolous, fraudulent or otherwise non-meritorious asylum claims earlier and place those individuals into removal proceedings.”
Since January 31, 2018, thousands of asylum cases have been processed and thousands of cases have been approved as well. I am happy for those who had a genuine case and have been granted asylum. But is this ethically right that one waits years in limbo and another gets approved in a month? If for nothing else, the personal pain and emotional suffering asylum seekers go through after getting stuck in the backlog, just take paying taxes into consideration. Those stuck in the asylum backlog for years, have been paying Federal and State taxes for longer time than a person who applies today and gets an approval in a month or two.
Is this justice with people like me who also have genuine cases and have been paying taxes for years, taxes which fund Department of Homeland Security and other Federal and State agencies which will be processing documents for a person who has not paid a single penny in taxes but already benefits from taxes paid by those stuck in backlog for years?!
A person who pays Federal tax, Medicare tax, Social Security tax and State tax for years, and gets rejected after years of waiting (not because the case was not genuine but e.g. country situation changed or USCIS changed eligible categories…), will it be fair and legally right to take their money for “social security” which they won’t benefit from?
All we want is that USCIS give us also a chance to present our case. Reject the case if it is fraudulent.
What can USCIS do to address older cases in backlog?
1- Re-instate “First in, First Out”.
2- Divide the resources between oldest cases and newest cases. So both old and new case can be processed and fraudulent applicants don’t misuse asylum system.
3- Issue combo cards, EAD+ Travel documents for those with more than 5 years of pending case, so at least they can visit family members in a third county easily.
4- Add premium paying option: Some may be ready to pay a premium for their case to be processed like there is premium for processing some visa types. There can be criteria for paying premium e.g. minimum 3 years of pending case or family is left behind, there can different categories of premium say a 5 year old should pay $2000 and a 4 year old should pay $1500 to get a premium processing.
I could not have done it better than you.
I however would not have included gun purchase, and voting. Asylum has become a partisan issue, and we want to stay clear of other partisan issues.
For instance, the Republicans think Democrats are more accepting of us because they want our votes. Democrats think Republicans are too liberal with fire arm rights.
Where you spoke about the LIFO, excellent!
I would make it more graphic for want of words.
“I ran to the USA because I heard USA is a fair nation, and defender of human rights, where I could get another chance at life.
On getting here, I started the legal process of getting another chance at life, but
also shockingly discovered the long line of hundreds of thousands of others like me, hoping for a second chance at life. I joined the wait line, because i desperately needed to be heard, and given another chance at life. But, just as I started seeing light at the end of the tunnel of the long wait, the rules changed.
I had to go back to the end of the line.
It doesn’t stop there. Anyone who arrives at this point stays in front of the line, while I am stuck at the back of the line, watching them getting and walking into a second chance at life. That is LIFO.
Typical timelines under LIFO:
1.Applied for affirmative asylum: August 2015
Status: pending asylum( waiting for interview, paying to work)
2. Applied for Asylum: January 2019
Interviewed: March 2019
Approved: April 2019
Applied for Green Card: April 2020.
By 2024/ 2025, the LIFO will be a citizen of this great country.
Under FILO, and the impending furlough, I will be lucky to have received an interview by 2024, and even if I did, I would have to remember , and relive events that I want so badly to forget, so as to get a chance at life.”
If you want to include this, you can tweak as you like.
What you said about work is so on point! I am stuck in a position, despite great performances because of my immigration status.
Tina,
Thanks.
I understand the vote and gun issues. To be honest I don’t fully agree on either issue with them. I know free-rider immigrants who want to implement Sharia USA. I told them that the mistook the embassy by a “U”. They had to apply to S.A embassy, instead applied to U.S.A embassy. they have come 3 years after I did. already used food stamp and other benefits. So, yes, immigration and asylum system needs reforms but LIFO isn’t the way forward. In this vast country where people live in the “woods” and gun becomes a need. But again a full ban isn’t the way forward. I will take some sentences from your comment.
Thanks.
Please post the final draft when you are done, and your plans on how to disseminate them.
We are creating awareness, and that is a great start.
I wish there is a way to send to Biden’s campaign as well.
Tina,
I will post another draft soon.
I think we should send it to the following places.
Media (paper, radio, TV)
All members of U.S Congress and Senate.
Human rights organizations
Organizations like ACLU, IRC, Catholic Church…
So we need to find their email addresses.
We can send to as many individuals in an entity as possible. Say NPR, New York Times, W.P and even conservative media like Fox News. We should send it to as many of their journalist and reporter as we can. Everyone should send it. Just one or two ppl sending won’t grab their attention.
It is a big problem. A problem of at least more than 400,000 thousand applicants and even if by average they have two dependents, than a problem of 1.2 million people.
I will do my part, I hope rest will do their part.
What else can we do to disseminate it?
Jawid
I think we should just send one copy each to all the bodies you mentioned after most of us have signed.
You may need to create a link for that, where we will sign and include how long each signatory has been waiting.
Sending one copy each as a body of backlogged asylum seekers is my suggestion.
I think many of these suggestions are good (I have proposed some of them myself with asylum office people). I am afraid that I cannot assist with this effort, though, as I simply do not have time given my current obligations. I think you would do well to approach a church or other religion organization and see if you can work with them. They can help with the language, as they are native speakers, and they may have some connections to law-makers and other relevant people. Take care, Jason
Good Points:
You may be aware about a recent decision by the Supreme Court. It is held that some of the Asylum Seekers do not have Due Process right under the Constitution of the USA. It is specifically for the people who are detained at the border and did not pass the credible fear interview. Supreme Court actually decided that the Federal Courts do not have the power to review those administrative orders.
https://www.cnn.com/2020/06/25/politics/asylum-request-thuraissigiam-supreme-court/index.html
I would always think about what the other side would argue. In most of the pending cases that are in the court, there are those who are affected by the recent decision of the Supreme Court. Every case has its own facts and merits. It will have to be decided based on its own grounds.
Premium Processing is a very good idea, if we can pay thousands of dollars to pay our taxes, we can pay a few hundred to get our cases adjudicated.
EAD with Travel benefits is also a very good option. In other words, I would say, the EAD for “asylum seeker” should be a book but not a card, it may have the power of getting employment as well as the extra pages to put visas and stamps if one wants to travel that as available after a certain period, 5 years are fine.
First in First out will definitely help, the reason is, in 2018 this system worked for a few weeks or maybe months, but later, some cases started going into the backlog and some are heard in a few days, so it cannot be imposed as a feasible option to detect false claims, rather it seems discriminatory for some of the applicants who are waiting in those black holes.
The division of resources in old and new cases seems a good idea but I don’t see it practical unless a new administration is elected and do something about the vacancies required by USCIS. What about if there is an option of the immediate 10-minute interview at the time of filing the case. If the officer who receives the application is given an option to just not check the clerical mistakes in the form, but a few things that make this case credible, like evidence and reports, etc. and if it seems a good case admit it, if not refer it to the AO for an immediate interview within a week or a few days to decide instead of leaving hundreds of cases in the same category of pending asylum cases. The staff at the window may need a little training to do that or they may be a little more highly qualified persons and they should be assigned that job instead of those who come to punch the stamp.
Hi TINA,
I support this initiative from you. We are trapped with this LIFO and I don’t think someone can understand and feel our pain more than us Who really cares? How long do we still have to wait in this changing, challenging and uncertain hard times? Nobody knows. Almost a decade of frustrations, separation from family, fear, anxiety, social and professional lost and starvation. It is quite a traumatic experience.
I applied in 2014, got and interview in 2017, was referred to court with multiple reschedulings and seems like 2024. 10 years! All aspects of my life have been falling apart.
Oh my goodness, CLO! I can imagine what you have been through. I have been waiting for initial interview for 4+ years, and has been tough.
Now is not a great time, due to pandemic-induced court closings, but you can try to expedite a court case – I wrote about that on April 20, 2017. Take care, Jason
I have pending case since 2014 in Arlington office
Yulia,
I can feel you. I have pending case in Arlington office since April 2016.
Will you please take part in disseminating what I’m working on. If you follow Tina and my comments you will understand what I’m talking about.
Also, will you suggest what should USCIS do to address older cases (your case), so I can include it in the draft?
Thanks, Jawid
And I forgot..The impending USCIS furlough, and how we are also at the receiving end.
Jawid, if you do not mind me asking, why do you think that the person who has been on the backlog for 5 years should pay more than newer applicants for premium processing?
I think we should just stop at saying we will be willing to pay for premium processing without adding dollar amounts.
My 2 cents.
I wrote it while doing something else to. So, actually older the case lesser the premium. Also a restriction on number of years before a person can utilize the premium, so that the premium program doesn’t become another backlog.
Jawid
One idea is to get your church/mosque/synagogue community involved. Many of those people are US citizens, and so they are more likely to get the attention of elected officials. Also, many such institutions are already interested in helping people, including asylum seekers. I did a post on this point (sort of) on March 28, 2018. Take care, Jason
Dear Jason,
Thank you for all your information that you share with us.🙏🏻
I’m an active volunteer of saddle back church, Which is the second mega church in California and Sixth in the U.S.The church has more than 20 campuses In other continents and the most diverse church in the globe. People speak in 70 different languages in this mega church.I’ve been volunteering in the church for 3 year and keep in touch with many spiritual friends.I talked to many people, many different communities to help me. They see how my kids and I are suffering from family separation more than 6 year, but they don’t get involved in others’ issue.They see my sons’ tears and how they hope to see their dad soon .They only pray for us but never take any action about immigration struggle.One time I talked to peace plan center in the church and talked to an immigration attorney who is a member of the church , he could help to fill out the application , but no help to asylum seekers.
Please let us know if there are Christian communities that cares for asylum seekers.
In such a big congregation, my guess is that there are people who would be willing to take action (aside from praying). Maybe see if you could hold a virtual information session to discuss your story and the plight of other asylum seekers. You might tie it to Biblical injunctions to “help the stranger” (I did a tongue-in-cheek piece on this point, but I listed many of the relevant Bible verses, on April 8, 2020). If people can learn the facts, the injustice of the situation becomes self evident, especially when they actually know a person stuck in limbo, and I do think it is important to educate the public on this problem. What exactly they can do to help your situation, I do not know, but they can certainly reach out to their Congressperson. If a Congressperson gets personally involved in a case, it can make things move along faster. Take care, Jason
Do you recommend me to send an email to Pastor Rick warren(he is an author and pastor of the mega church who would be in the White House and hosted Barack Obama in the church ) and ask his helping hand ?
He is very famous. I think there is no harm in that, but what if you talk to a bunch of church members and then everyone together writes a letter to him? A letter from 20 people (or 100) may be more impactful than a letter from one person. Take care, Jason
The churches will definitely help out with food, even when you are not asking.
Someone asked me after church one day, ” do you like our president?” I knew the church was conservative, but I was shocked at the question, and how the president is the role model for conservatives. I am sure the person asked because the person knew the president didn’t like immigrants like me.
We can reach out to organizations like Catholic charities, but as far as local churches, I am sorry to say, but some of them want ‘charity projects’ to show off, and not because there is a genuine interest in your immigration struggles. Mine is one of them
They pray for you, and supply you food that you have not asked for.
I decided to separate the church, and my neighborhood from my personal life, so will I
not be engaging my church.
Anything anyone knows about me is on ‘a need to know basis’.
It’s too bad, as the Christian message does not seem contingent on race or immigration status. I do still think it is important to tell your story when you are comfortable. If people are persuadable (a big “if”), I think personal stories from people they know are most likely to do the trick. Take care, Jason
Not when they have Maga phone cases, and thanking GOD for what the president is doing without sensitivity to you😀. Praying that USA can send resources to other countries to help people so that they can stay in their countries.
This was a family Thanksgiving prayer, and the children politely said Amen, with eyes wide open, and jaws on the floor. I didn’t😂😂.The food stuck on our throats😀😀
MAGA is real. You know the rat that eats your feet and blows air on you at the same time while you sleep🤣🤣.?
I guess one day, you can let us write our funny experiences and send to you, so you can publish, and let us all laugh in the midst of the dark times.
Hi Jason,
Thank you for informing asylum seekers about the recent laws, policies, trends, and conditions about the asylum in USA. I, like thousands of other asylum seekers, am frustrated with the dysfunctional asylum system in the USA. It has been more than five years that I am waiting for my asylum interview, but yet there is no glimpse of hope what is going to happen to the fate of individuals living an unpredictable life as many of us are separated from beloved ones for years. Most of us became so much unfortunate that we won’t be able some of our dearest family members as they passed while we got trapped in the perplexed malpractice such as changing of FIFO to LIFO and creation of backlog system. It is extremely frustrating to read individuals who applied in 2018-2019, already received their asylum decision and most of them received their green card. While we are not against these individuals who received legal status and protection in the USA as per the USA immigration law and the Geneva Convention, we urge the process should be just and transparent as we (those applied for asylum) five or six years ago have equal right to have our legal status determined whether we can stay in the USA or look for alternative options – not only receive protection but also get the hope to see our loved ones. Given the existing uncertainty in the dysfunctional asylum system in the USA. What would you have done if you were having a pending asylum application:
1. What would you expect from you attorney? Were you ask your attorney to complete your case including asylum affidavit and compilation of supporting evidence, and submit your complete case despite the uncertainty in the backlog system?
2. What would you expect from your attorney to show you new methods to expedite your interview?
3. What would you expect from congressman/woman in your jurisdiction to help you with the pending case? Who else would you consider to seek assistance?
4. Lastly, if your 6 to 8 years life would be lost waiting for your asylum case and then receive asylee status, who would you ask for justice to account these years toward your citizenship? Given that all asylum seekers must be law abiding individuals to be entitled for asylum, and then live four-five years as permanent residents to become US citizens? With extended waiting for asylum interview, why the system is so unjust? Why our 6 to 8 years are of living in the USA as law abiding individuals and tax payers prior to green card doesn’t count toward our citizenship? Most of us have already social integrated and became contributing members of society. Why we are not receiving the legal entitlements?
I feel you.
I think we have a momentum here. Lets not lose our focus. I think we should agree on a text which we all should send to everyone including congressperson, senator, attorneys, ACLU, USCIS, news papers, tv channels, put it in comment section of any viral video or news, in short everywhere till our voice is heard and we are given the opportunity to present our case. Many will be denied, many accepted, doesn’t matter, hear us at least!
Thanks.
Jawid, it is extremely difficult to wait. Most of my friends already gave up, some crossed the border went to Canada, and some had to go to a third country where they could live with their dependents despite the security, economic, and legal challenges living as stateless. With the bipartisan politics that may furlough 3/4 of USCIS staff while the immigration system is already logjam due to COVID-19. In the 21 century living in USA, I wonder how long individuals like me and you have to wait another half a decade or decade to see light at the end of tunnel? Why USCIS damage the system, at least, in the past, we could see Asylum bulletins and could navigate where USCIS is standing in terms of asylum interviews in different parts of the states, now, we don’t know what the hell is going on, and how many years more, we have to wait.
As,
Would you please help in disseminating a petition type of article I’m working on.
If you follow my and Tina’s comments you will understand what I’m talking about.
Thanks
Jawid
I agree with your sentiments. However, under the law, asylum is a discretionary benefit, not a right. I think what you (should) have a right to is having the case adjudicated – one way or the other. Waiting for your entire life for a case is horrible, especially when separated from family members. You can certainly try to expedite your case – I wrote about that on March 30, 2017, though now is a bad time since the offices are partly closed. You can also apply for a travel document to meet your family members in a third country – I wrote about that on September 11, 2017. Take care, Jason
Thank you for reply. What about dealing with my attorney. Should I ask him to complete my affidavit and submit it together with my evidence and supporting documents? Or I should wait until my interview is scheduled.
Different attorneys have different practices – for me, I usually submit only the I-589 and a copy of the passport (and passports and relationship documents for any dependents), and I submit the other evidence later. This is because the interview is usually in the distant future, and I would rather submit evidence that is timely and I do not want to have to submit one affidavit today and a second, updated affidavit prior to the interview. However, some lawyers prefer to do it the other way. Talk to the lawyer and see what he advises, but either way is fine. Just know that if you submit documents today, you may need to update your submissions before the interview. Take care, Jason
Dear Jason,
Regarding Matter of Andrade Jaso and Carbajal Ayala, 27 I&N Dec. 557 (BIA 2019).
History:
2010 May legal entry and overstay.
2017 affirmative application.
2019 Deferred Action status granted based on other avenue which leads to PR.
2020 Aug summoned.
I want to directly apply for Cancellation of Removal. I meet all the requirements and have a strong medical case, but now I have Deferred Action status and it seems that I’m no longer eligible.
If I go to the asylum interview, I believe they will just issue a final denial (if they deny based on the one year bar) since I’m in status and won’t even have a chance to ask a judge for Cancellation of Removal.
Are there any good options I have here to get to the Cancellation of removal part?
You would have to be out of status to apply for Cancellation, since you can only do that in court. How you can become out of status, I am not sure (I guess you could commit a crime, but that would probably not be advisable). Maybe talk to a lawyer. Sometimes, USCIS will refer a case to court even if the person has some type of status (such as TPS), so maybe it is possible in your situation as well. Of course, you hopefully have a strong Cancellation case; otherwise, going to court will not help. Take care, Jason
https://www.google.com/amp/s/www.forbes.com/sites/stuartanderson/2020/08/17/uscis-staff-furloughs-will-grind-legal-immigration-to-a-halt/amp/
Hi jason I just wanted to say goodbye . I read an article where it says these are the last days of legal immigration . USCIS will continue to furlough 3/4 staff because no funding . Collapsing immigration altogether for decades to come . We are reaching our imminent end, or as I say here we enter the black hole , at least we tried . Take care
Are you leaving the US? I agree with you that we are entering the darkest holes. With yesterday’s poll numbers, and the USPS issues, this administration may get another 4 years, and it will be decades before all the damages can be undone.
I’ve never been much of an optimist, but I am not that pessimistic. If Trump is re-elected, we will certainly see more attacks on non-citizens, but USCIS will eventually be funded, and while a shutdown could do great damage to the agency, it can also re-build. I guess we will see how things go. Take care, Jason
Hello Jadon, i have regular attorny fir my individual hearing day, should i hire Probono one or thats enough?
“Pro Bono” just means free, so if you already have a lawyer, that is all you need. Take care, Jason
Hi
I came 2017, applied for Asylum n was referred to court. Have court hearing Sept.
I also applied for the LRIF GC. I was told to get ready to do finger print when the office opens but later that a finger print was added to my case. Got request for evidence for the GC. I submitted all I have including my latest tax returns n college record in the US. And now been told that they are viewing my case and will let me know the next step.
What do you think may happen as a sign of a GC approval?
Yesterday, I check and saw that RTD for the GC application case was approved and I was to get the RTD 1st wk in June 2020. I have not received it yet but got request for evidence letter. I just saw this RTD approval notice and wondering. I can’t remember submitting RTD application but for The LRIF GC. Why are they sending me the RTD. Can I use it if they send it? I made an e-request for it and got a message that they will respond me or send it by Sept 15.
I am just confuse now about what is happening. What do you think?
Do I accept the RTD when they send it? Is this a sign that they will accept my GC application looking at the 2017 time and though I have been in the us btw 2014 up to now ( from 2017 – now) I have not travel out of the US. I have no bad record but just record of working hard and paying back extra taxes to the US govt for over working which I have no regret of doing.
Also what do you think will be the next step after the evidence submission?
Though am in court for my asylum case, do you think they will approved of my GC? The initial letter they send said they were going to treat the GC application separately from the Asylum but they told me that they used the asylum finger print later.
All these are getting me confuse and think what is going to happen next. What do you think Jason? What should I be expecting next?
Is God’s help they approval the GC, do I cancel the court case?
I do not think you get a refugee travel document in this situation (though I could be wrong – I have not filed an LRIF case). I think you get Advance Parole, which can be combined with an EAD. It is standard to get those while a GC application is pending (assuming you applied for them), and so I think that is normal. Basically, if you qualify for the GC, you will either have to get it through the court, or terminate the court case so you can get the GC through USCIS. If you have a lawyer, that would make it easier. If not, bring two copies of the LRIF application and receipt to your next court date (one copy for the judge and one for the DHS attorney). They will tell you how to proceed. If you think there are any complications, it would be a good idea to have a lawyer, as you have a path to a GC and you do not want to lose that because you make a mistake with the paperwork. Take care, Jason
Hi Jason,
I’m about to renew a C8 EAD, it appears as of August 25th onward there is an additional biometrics fee of $85, I’m thinking of mailing the i765 a day or two prior to the 25th, however that would be about 190 days from the expiration of my current EAD, do you know if USCIS strictly enforces the 180 day limit?
I cannot say for sure, but in general, when a person applies for a benefit too early, USCIS rejects that application. I would not recommend sending it early. Also, I am not sure whether you need to pay the extra $85 for a renewal (you do have to pay it for a first time EAD). Check the instructions about that to be sure – I have not had a chance to look at that yet. Take care, Jason
Hi jason how do I end up sending my green card app to Nebraska processing center ? I see someone got processed there but I don’t see that as an option for Asylee to send there other than Texas and Phoenix
Where ever the mailing address instructions tell you to mail it, that is where you have to send it. You do not have a choice about that. It depends on the basis for applying and on where you live. Take care, Jason
Hello Jason,
What do you think of this article? Do you think this will have an effect on asylees when applying for the green card?
https://immigrationimpact.com/2020/08/11/uscis-policy-manual-update/#.XzhehvcieaM
If this is about trying to deny more cases based on discretion, I do not know whether it will have an impact. In most cases, there are not strong discretionary reasons to deny a case, but we will have to wait to see how the policy is implemented. Take care, Jason
Hi jason. God bless you forever. I finally received my receipt after 10 weeks of submitting my application for asylum. I have a question for you to help me with. When shall i expect to receive the finger print those days. According to what do you see, are they sending for finger prints fast those days or i am gonna wait alot like waiting for my receipt. Another question please, can i expedite my case before having made the finger print since i have a serious health issue or i have to finalize my finger print first???? Thanks
The time frame is not predictable – in many cases, the fingerprint offices are closed (or operating at reduced capacity) and so they do not sent the appointment letter. In one case recently, we received a fingerprint appointment letter about 4 months after the cases was filed (in Virginia). Other people are still waiting. As for expediting, it is difficult to do that now, since asylum office are not interviewing many people, but you can try. I wrote about that on March 30, 2017. Whether the fact that you were not fingerprinted yet will affect that, I do not know, but I guess you can try to expedite if you have a reason, and see what happens. Take care, Jason
Hi Jason,
If the USCIS reuse old biometric s what the category
For doing this. Do they determine any things such as biometric had to be no more than 18 months or any other required.
Thank you
I don’t think there is a time limit. The whole point of biometrics (such as fingerprints) is that they never change. USCIS can run your old biometrics (which are the same as your current biometrics) and see whether you’ve gotten arrested or had other problems since they last checked the biometrics. I never understood why they expired and had to be re-taken, when USCIS could simply re-do the background check using the info they already have. I guess this is one positive development that came from the coronavirus (though I think USCIS was starting to re-use biometrics even before the pandemic, and so was the DOJ in immigration court). Take care, Jason
Hi
i have pending asylum case since 2018. I have friend in canada who is sponsoring his cousin using group 5. I send money 5000.00 via western union. I lost the receipt.
my question is
will Canada and USA immigration share such document?
I want to rewrite supporting letter to my friend in Canada. However I am scared if it will create problems with my pending asylum case ?
Best
I do not know, but I always assume that the two countries share information, and I think it is likely that they know about cases filed in the other country. Take care, Jason
Dear Jason,
What is the current COVID-19 postponing time of an interview that they can give, when one is requested, for scheduled review? Is it for example 1 month, 6 moths, or until COVID-19 ends – no date? In the summon documents it says that I can request postponing if I’m in a risk category for COVID-19. Does breastfeeding and having an infant fall under that category? Does having an infant that also need to be taken there since there is nowhere to leave him, constitute a risk category? Also I have no one I can leave the baby to while doing the interview since my husband also needs to be present. Should my husband have the baby in the asylum office since the interview can take 3 hours. The baby can’t stay away from me even for 10 minutes, I don’t know how to deal with that interview time.
I do not know whether that would qualify for a COVID postponement, and it might cause the asylum clock to stop, meaning that you will not get a work permit, or at least it would be even more delayed. You can email the asylum office to ask – you can find their email if you follow the link at right called Asylum Office Locator. As for the length of the postponement, I do not know, as I have not done that yet, but normally when you postpone a case, you are considered a priority for rescheduling, so the delay is only a month or so, which will not help you. If you get scheduled for an interview, you should really try to find some help to take the baby while you are at the Asylum Office. Potentially, you can email the asylum office to ask them if they can accommodate you somehow, but they are not particularly accommodating in these situations. Take care, Jason
Hello,
I mailed my I-730 to Nebraska service center on 25 Jun’20 once i got my asylum approval, i been now 7 weeks waiting the receipt mail, i called the uscis call center, they told me there’s nothing in the system, and they advised me to send email to lock box support, i am not sure what I should to do in this case?
Should i mail another application to Nebraska?
Or email the lock box support and wait until they respond to me, i lost two months so I don’t wanna lose more time my family away of me :(, i need your advise please.
Thanks for your help
I don’t have that email at the moment, but if you have that, you can try. At one time, they were pretty responsive, but I am not so sure they are so responsive these days. Anyway, that is worth a try. Give them a week or so to respond. If not, maybe you can just send a new I-730 with a note indicating that you sent a previous application, but it disappeared. Also, I did a post in December 2019, with a link to a manual that gives advice on I-730 petitions. Maybe that has some ideas for troubleshooting, but I am not sure it covers this situation. Good luck, Jason
Hi Jason, i am waiting on my asylum interview since almost 2 years now, i had an communication issue with my lawyer, i don’t wanna he representing me anymore, So my question is what I should send to my asylum office to cancel that?
And i wanna get copy of the evidences that she submitted to the office, I don’t have any idea what she sent and what is not, i have the originals copies of everything, so my second question is how I request copy of my file from the asylum office?
Thanks
1 – It is your case, and you can change your lawyer if you want. I wrote something on this point on April 10, 2019. You can email the asylum office and let them know that your lawyer is no longer part of the case. You can find their email if you follow the link at right called Asylum Office Locator. 2 – Your lawyer is required to give you a copy of your case, but you should also file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov), which will get you a copy of your case (though it may take 6 months). Take care, Jason
Dear Jason
I have a pending decision for a year nothing worked knocked every door.
If i file mandamus what would be the outcome other than grant and denial if they referred to courts how soon the courts date will be and until court date do i still have my work permit??
A mandamus should get you a decision. Whether it is a positive or negative decision, depends on the case. If they send you to court, the wait time depends on the judge, but most cases are probably resolved within 1 or 2 years. Some judges are faster (a few) and some are slower. If you have a work permit now, you can continue to renew it while the case is in court. Take care, Jason
Wait…so most cases referred to court will be resolved within 1 or 2 years. But why I have been hearing some people waiting for MCH … for like 3 or 4 years ?
I think the average time between a MCH and an Individual Hearing is probably 1 or 2 years, but many people wait longer, and it varies a lot, depending on the judge. It is possible to do a MCH in writing or try to expedite a court case (though given how courts are operating during the pandemic, it is not easy). I wrote about that on April 20, 2017. Take care, Jason
Petition is needed regardless! We need acknowledgment we exist as a separate category, no matter funds or no funds for the USCIS.
But:
https://www.forbes.com/sites/andyjsemotiuk/2020/08/13/us-immigration-shutdown-imminent-as-congress-talks-collapse/?fbclid=IwAR393Ryz5qvgkaF8e9JaD_8tNGdywqvwSYgI3LHQC1tB_Wsh3ICkzNciYUI#5179d0c34077
Pohozhe peticia uzhe ne ponadobitsya :)))
Приплыли…
We’ll see if Congress saves them. Since the Senate is in recess until next month, that seems unlikely. Take care, Jason
IS ANYONE IN NJ GETTING INTERVIEW DATES
What is the email of the Chicago office?
Anyone recently been there who missed the one year filing requirement?
You can find their email if you follow the link at right called Asylum Office Locator. I have not recently had a case there involving the one year bar, sorry. Take care, Jason
Hi Jason,
have you seen the GAO report regarding the dhs leader?
Yes. It is not a surprise. We’ll see what happens. Hopefully, the orders they are issuing will be deemed invalid, since they are not lawfully in their positions, but this is a GAO report and not a federal court order, so it may amount to nothing. Take care, Jason
Hi Jason
I hope you are well and safe
I want to share my timeline :
I applied for Asylum on April 2017
Expedite my case oct 2017
I did my interview Dec 2017
Expedite my decision Aug 2018
Expedite again my decision Jan 2019
I got my approval Feb 2019
I applied for green card Feb 2020
I did my fingerprint March 2020
Finally I got my green card Aug 2020
Jason I have question, I applied I-730 form for my wife Feb 2019
I expedite by phone Jun 2019
My wife is in my country and I’m waiting for her, when I did expedite for her , uscis sent me email that they will answer in 60 days but I didn’t get any decision
My attorney says I have to wait due to covid 19
But is more than 17 months , I’m waiting for her approval letter .
When I’m checking Nebraska processing time for I-730 form is 14 months
Can you please help me , what can I do for my wife ?
I’m from one of Ban country
Thank you so much
Congrats … just one question, how do you expedite a pending decision?
thanks
My wife is in my country
Congrats! Did you have to go for an interview for green card? Thanks.
No, I didn’t have interview for green card
I just sent form I-485 and Then I had fingerprint
Hi Asylee,
Where did you file your I-485 ? In what center ?
Nebraska Service Center
There are a lot of delays due to the pandemic. I am not sure what else you can do besides what you did. I did a post in December 2019 about the I-730 process. There, I included a link to an I-730 manual that provides a lot of useful guidance, including guidance about delay. Maybe that would help. Take care, Jason
Hi if you don’t mine which service center they were processing you Green card.
Nebraska Service Center
Thank you for replying back.
Hey Asylee,
I’m not jealous and I definitely understand whatever happens is not your fault. However, it is super UNFAIR when you grant asylum in 3 years while I’m waiting from 2014 with no decision.
I wish people who gets asylum in that short time never share their experience. It really hurts others feelings who suffer from the limbo.
He is actually a permanent resident in 2 years and 8 months.
I have been waiting almost 5 years just to get an interview.
It is not his fault at all, regardless of our feelings which are also valid.
Go to UCLA’s website, and tell your story(I do not mean your asylum story) and plead that they assist us in requesting change.
There is a feedback form under contact us that we can use. Subject line should be backlogged asylum applicant/ LIFO.
Let us begin by creating awareness about our situation.
Jason,
We need your help.
Please create an article with the name something like Pending Asylum/Backlog/Petition
We all will write our suggestions and you will update it to the article and organize/structure. Or you can appoint someone as an admin of the article.
Also we can use plugin for WordPress https://wordpress.org/plugins/epoll-wp-voting/ and vote for suggestions we want to add to our petition.
You will get more activities on your blog and it will help you get more SEO and get more organic traffic.
Ok Ivan.
I am not sure Jason is needing a way to create more activities for his blog.
As we deliberate here, let us also be sensitive.
If we are asking for his assistance on this, let us ask, and not sell him any benefits.
I would be communicating this to you in private, but unfortunately, I have no other means to communicate with you.
Tina,
If this blog get more SEO that’s mean more people will know about petition. I thought we all at the same boat(asylum community). I’m not trying to sell anything.
It is will help to get more people involve.
Correct me if I’m wrong.
Yes we are all on the same page. We can use this platform too, but we need another one where we can communicate as a group chat. With this platform, we can only comment not chat.
No offense.
We are all on the same page, but you may want to read that post again.
To be clear, I was only addressing- ” you will get more activity on your blog, and it will help you get more SEO, and get more organic traffic”, at a time you were asking him to take on more responsibilities for us?
Did you ever see the post that ended with
“You are getting popular”
I just think we should be a little more careful with our choice of words when we address him .
I doubt he is one that ever gets offended, or evwn read them like I do/ did. Maybe he makes excuses for us with the understanding that most of us are not native English speakers.
This is a humanitarian gesture that someone is spending his time on.
Selling benefits means: telling someone how he/she will benefit from doing something, so do not take the word “Selling” literally .
If you don’t understand my message that’s not my problem. Again, I didn’t try to sell/offer anything. The only benefits I see to post article here it’s to let other Asylums know about petition because of SEO. But I see no one have interest in and even more I see you trying to blame me on something that wasn’t addressed to you. I have my family here and we are safe here. I appreciate this country for what I have now.
Good luck!
Don’t worry about me. But thank you, Jason
Jason, this is not particularly a worry about you.
I have been ‘beaten up’ a few times on this plarform,because I would speak up on anything or for any other person the same way. That’s my nature.
I guess I might have in some cases misunderstood people’s intended meanings because of how we all make inferences differently.
but:
https://www.forbes.com/sites/andyjsemotiuk/2020/08/13/us-immigration-shutdown-imminent-as-congress-talks-collapse/?fbclid=IwAR393Ryz5qvgkaF8e9JaD_8tNGdywqvwSYgI3LHQC1tB_Wsh3ICkzNciYUI#5179d0c34077
I would prefer not to take the lead on this. Unfortunately, I am already at capacity and will not be able to take on anything additional. I suggest you create a site for this, and I am happy to point people in that direction. Take care, Jason
Guys,
I established a slack channel for us. I need your emails to invite you and brainstorm together. Slack is a business-wokring platform which help people working on the same project connect with one another. The sms are confidential, however, if your identity is a problem, you can set up a new email with a strange unsername post it here and I will add you.
Thank you 🙂
Awesome!
I will post an email here later so you can add me.
Thank you so much for being proactive.
Of course Tina. We need the support of one another as much as we can to fight this injustice toward us.
Best,
Mikelina
Hi everyone,
I have been brainstorming all day, and here is what I have come up with.
Kayla, slack is good too, but I think this may also help and eliminate confusion.
Let us go to ACLU website, express our individual challenges, tell our personal stories, and plead for assistance.
We will be using the feedback form, and use subject, “Backlogged asylum seeker/LIFO”.
They do not respond to all the emails they receive, but if they receive 50 emails with the same subject line, it may pique someone’s interest.
Please tell your story, and how it has affected you. Mention people who just are in and some of them already have green cards with 2 years.
Anymore ideas?
Hi everyone,
Although I don’t think a petition to USCIS will have any impact, but we can explore a petition to ACLU or American Immigration Council to get their attention and push our cause through them. Again, the petition should not generally address the backlog but those stuck in the backlog for more than 3 years at least.
I have shared 3 points on how the older cases can be addressed (my earlier comment). Lets all of us share what we think how USCIS can address older cases and then create the petition.
Thanks.
1) If case is pending more than 10 years then there is should be path to green card.
2) if case is pending more than 3-5 years there is should be travel document easy to get. So, people can travel to third country to see family or just travel because we are not in prison. Maybe combo card EAD+travel document.
3) If case is pending more than 3-5 years then EAD should be valid for 3-5 years. Maybe combo card EAD+travel document.
I would change the first point. If the case has been considered for more than 5 years and has been approved, a person can receive a Grand Card without waiting for additional terms.
Hi Jason, thank you so much for the great job helping us to keep us in the lop, my issue is, I applied for a renewal of my EAD Texas office, The application was delivered but it’s been three weeks I havent heard anything like may be application received or at least something information to confirm that they received my application, Is this the new normal now? Remember it contained a money order too.
Receipts can easily take 4 or 5 weeks, especially these days, so I think it is too soon to worry. In the future, if you can, pay by personal check, as you will see the money removed from your account and get a copy of your check from the bank, which USCIS will stamp with your receipt number. Take care, Jason
Dear Jason
I have two questions would glad if you response both
First i have decison pending in Arlington since one year nothing heard so far if i married with US citizen do i have to wait for my decision or i can still adjust before USCIS sent a decision.
Second question by time im married officially given im positive they grant my asylum before my wedding. What is best do i have to wait n apply for GC after one year wait or an individual can still apply for GC with asylee status based on marriage.
1 – You can try to adjust status based on the marriage (assuming you are eligible). I wrote about that on August 6, 2018. 2 – You can do either way. Maybe the marriage route would get you a GC faster (depending on the timing of when you receive asylum and when you file for the marriage-based GC) and it would almost certainly get you to citizenship faster (since you can apply after 3 years with a GC, assuming you remain married). On the other hand, if you have criminal convictions or immigration problems (such as a misrepresentation to the US government), it may be safer to stick with asylum and an asylum-based GC. Also, the marriage case will likely be more expensive, since there are some extra forms involved (the I-130 and later, the I-751). Take care, Jason
Hi Jason,
I have pending asylum case. i have plan to adjust my status through marriage with wife who is us citizen. recently, irs sent me the stimulus check(1200$). do you think if i cash this check, they will consider this as a public charge during the GC interview?
thanks
As far as I remember, the stimulus check does not affect the public charge analysis. I did a post on April 2, 2020 where I briefly mention this, but maybe to be safe, review the instructions to the I-944 to see what types of benefits affect the analysis. If I remember correctly, only means-tested benefits have an effect, and I do not see how this would be considered means-tested (even though people above a certain income did not qualify for the payment). Take care, Jason
HI JASON
ANY NEWS WHEN THE IMMIGRATION COURT GONNA OPEN FOR NON DETAINED HEARING …….. ITS CHANGES EVERY WEEK IN TWITTER AND THE WEBSITE.
Courts are opening and closing on a case-by-case basis, and so you have to check the EOIR website (you can Google (“DOJ EOIR operating status”). As far as I know, non-detained Master Calendar Hearings are not happening anywhere, and not all Individual Hearings are going forward, even in courts that are open. I doubt we will see much improvement in this situation anytime soon, as the pandemic is not abating, at least not in the US. Take care, Jason
Hi Jason
I have been waiting for an interview since early 2016 in NY. Recently my husband got a job in a nearby state who is dependent on my case. Now if he changes his address for Tax purposes do we have to report it to USCIS?
I am living in NY and not going to change my address.
What is the best course of action we can take?
Maybe check the instructions to the form AR-11, available at http://www.uscis.gov, to be sure. But as far as I know, you only update the principal’s address, and if a dependent moves, you do not need to update his address. Take care, Jason
Hello Jason
You you know that there is a Russian copy of your website? The owner translates your articles into Russian and passes them off as his own work. You may be closing eyes on this because he indirectly helps asylum seekers by providing Russian translations, but he charges people for his work. Those articles are just a bite. https://www.asylumist.ru – is your Russian copy. You are getting popular!
I guess it is a form of flattery. I don’t suppose you know who the person is? Thank you, Jason
I speak Russian- seems like this person is in California, and they are offering services like preparation of documents for asylum seekers – I am not sure though if they are actual attorneys. And there is no credit to Jason – just translated copies of articles
I saw that too (thank you, Google translate). I think the person is not an attorney, since they do not list any real contact info or identification. I wonder if my “jokes” are any better in Russian. Take care, Jason
That’s what I am fearing about. Anybody can have access to this website, including people who are not friendly to us…we need to have our own community with restricted access. It will be safer that way.
Maybe a Facebook group is best. You are obviously welcome to use the comments section here, but it is not the best format for discussions. Take care, Jason
They aren’t better in Russian. Plus many references (quotes of historical characters) that you’re using might not be so easily comprehended by a Russian speaker because they learned different things in school.
Overall the translation feels pretty mechanical and not edited.
Asylum seeker,
How do you control who gains access to the restricted platform? What parameters would you put in place to determine the real asylum seekers from the people who are not.
People can come to this blog to read or post, but cannot access any personal identifiable information.
Hi Jason,
Thank you from our families and community!
What is the current trend around the offices for affirmative cases with missed 1 year requirement? Do they reject all of them no matter what?
Is it ok to withdraw after being summoned for interview since I received Deferred Action after the submition of the case from another visa category?
If you have a reason to overcome the one-year bar, you can still succeed in such a case. If you have a fear of return, it is probably worth a try. Unless your Deferred Action will eventually lead to a permanent status, or you have some good reason to withdraw your asylum case, I do not know what the advantage of withdrawing would be. Take care, Jason
Hi everyone,
Can we start with a Facebook group and Tweeter account for Asylum seekers (Specifically those who have pending case for more than 2 years at least)? Unfortunately I’m not good in moderating a group or else I would have already created one. The focus of the social media account should be only to gather asylum seekers for a lawsuit against LIFO or anything else which can address asylum seekers in the backlog. All the major immigrant supporting organizations all mostly focused on new arrivals and DACA. We should lobby with these organizations too.
We cannot address the whole asylum system, but perhaps just address the backlog.
The lawsuit may ask for the following:
1- Add premium paying option: Some may be ready to pay a premium for their case to be processed like there is premium for processing some visa types. Their can be criteria for paying premium e.g. minimum 3 years of pending case or family is left behind, their can different categories of premium say a 5 year old should pay $2000 and a 4 year old should pay $1500 to get a premium processing…
2- Exclusive processing of cases: Those with a pending case since 5 years or more or less (whatever the number of years decided), who have paid taxes (I believe all asylum seekers with more than a year of pending case pay taxes), have committed no crime (may be including traffic violations), in short have lived a descent life their cases should be given an exclusive processing of their case.
3- USCIS must allocate 20% of resource to the oldest cases: Right now all USCIS resources are doing LIFO. Nothing is done about a 5 year or 3 year old case. By allocating minimum resources to oldest pending cases (not just pending cases, because a case from March 2020 is also a pending case but not old enough!), USCIS can trim (don’t know other word other than trim) the list from both ends.
Allocating
I have a pending asylum case since:
136,516,000 Seconds
2,275,200 Minutes
37,920 Hours
1580 Days
4.32 Years
I must thank Jason Dzubow for providing this platform and helping asylum seekers. Thank you Jason 🙂
Jawid
I think organizing to take action is a good idea, though I think some of your ideas cannot be accomplished based on a lawsuit (though I do think they are good ideas). If you have a group of people, you might consider approaching an organization that does litigation, such as ACLU or American Immigration Council, to see whether they can assist. Take care, Jason
Hey, can we get connected thru any form of social media?
I don’t think social media will be a good idea because of the confidential nature of asylum.
You are right about the confidential info, but still we need one platform to stand together and raise voice, other wise there is no time frame for us!
Tina,
Do you mean confidentiality of our identity or our cases?
I remember Jason had written that we can talk to our neighbors and so about being an asylum seeker.
Probably we don’t have to tell each other about specifics of our case.
We need to reach out to ACLU or American Immigration Council.
Thanks.
Jawid
No one without ‘the need to know’ has any business knowing I am an asylum seeker in this political climate.
Anyone can access social media, if you know what I mean.
We are not sharing any confidential info except discussing how can we address the problem of the backlog.
How about slack?
Jawid,
I will establish an email only for this and welcome ideas over there about what can we do. What do you think?
Hi Kay la,share your email and I will respond to you.
As an asylum seeker with my case being pending for 4 years and 11 months I will say that is our fault as well for letting it go so far. We quick to complain ‘oh my parents this my kids that’ but we dont take action. We dont get together, not to protest, because protest should be the last act but brainstorm and come up with a plan.
We should use this platform to actually get together and do something, bc nagging is not going to get us anywhere. Thank you
Maybe I sound like a broken record, but to me, the most effective thing asylum seekers can do now is to volunteer for the Biden campaign. I will write a blog post about this soon, as there are certain things that are not allowed (like donating money or getting paid), but there is plenty that non-citizens can do to help, and that is the most consequential action anyone can take at this point to help the asylum system. Take care, Jason
Jason,
I totally agree for us to do whatever is legally allowed towards the election.
I also believe that creating awareness on how the asylum system is impacting lives before the election may be a good proactive measure.
As far as the masses are concerned, asylum is all about people at the border. Most people do not know about the affirmative, and court referrals that are stuck in an endless backlog.
They have no idea what FIFO, and LIFO mean, and how it affects everyone.
We need to make our issue a political Conversation, for both the Republicans, and Democrats, as only GOD knows what the outcome of the election will be.
I think even the most racist of persons can see that LIFO is absurd, because even with that, they are still receiving more cases than they can handle, and growing the backlog.
It is counterproductive because they have not resolved the issue it was supposed to address, and the older cases may be stuck forever.
I agree that raising awareness is helpful. Also, asylum did not use to be a partisan issue, and even in 2016, the Republican platform endorsed the idea of continuing to protect asylum seekers and refugees. Take care, Jason
I believe we should start by filing a class action law suit, outlining why the switch to LIFO is completely absurd and inhumane.
We will demand answers on LIFO because children and people’s lives are at stake,and in some cases on endless holds.
@Kay, let us just say the scales have fallen off our eyes, and we are ready to do something.
I will say, let us file a class action lawsuit citing the LIFO, since it doesn’t sound like a petition will even be taken seriously. An attorney will know better.
We have this platform, we can speak with one voice here.
I do not believe in protest, because if it becomes violently hijacked, asylum seekers will be at the receiving end, and be given new names, apart from being invaders, and terrorists. I believe a well organized pen and paper demand for answers, and solution will be safer, and more effective.
@tina to file a class action law suit, a lot of work needs to be done in advance.
First we have to raise awareness that people stuck in the backlog is a special type of asylum status. We dont fall with undocumented, nor with the ones in the border, nor normal asylum seekers who get their interview within 24 days upon filling their I 485. Organization who do pro bono work for immigrants are practically ignorant that we exist aa category. Jason is right that we need the support of a major grassroot organization like ACLU to prepare use create legal arguments if we want to file a class action law suit. However, we aint getting that support if we dont get together to discuss. I hope you will understand my point.
Comments under Jason’s articles are helpful but not enough to brainstorm
Take care
Kay and Kayla.
I will be happy to hear your ideas. We can make something out of this conversation that we started.
We can start by writing ACLU.
We could also write an open letter to the US government, and Congress, and see if the media can do it for free.
We need to create awareness.
I agree with you about creating a class action lawsuit. Nothing will change until we start to assert ourselves. I have been waiting for an interview since August 2015. I tried to speed up the interview three times (neither the death of my father, nor the cancer of my mother – they stayed in their native country – did not pity the officials). We continue to pay money for permission to work, and someone gets an interview immediately and saves all resources (money, time, nerves). The current system is ineffective, unfair and inhuman.
Hi Jason, If all pending asylees do peaceful protest front of white house or USCIS/DHS office,you think that will be more effective than petition. Petition is just a paper and can be stuck in Limbo as well. But people’s voices can be heard. Do You think pending asylees can do the protest with thousands of people’s across the country having same problem and let the government know they are playing dirty game with innocent peoples lives and that is not acceptable?
If we can do that I think that will make some difference other nothing else can be done as you know as well.
I think there is value in protesting, but I do not think it will help much in this instance. It can raise awareness of the problem within the general public, but there is a lot going on, and for most people, asylum is not high on the list. I do think that asylum seekers can take effective action, however. I think they can volunteer for the Biden campaign. The current Administration has made things much worse for asylum seekers and a new president would likely treat asylum seekers more humanely and appoint more competent people to run the various government agencies. I plan to write a blog post on what non-citizens are allowed to do, but volunteering is allowed and that type of work can make a difference. Take care, Jason
Jason,
I used the word practical, because with the limbo most of us are in, what can we really do, but continue to pray, wait and hope?
Half a decade of peoples’ lives, including children spent in limbo, and absolute uncertainty.
I would assume that if we have practical rights, we can really ask questions, and get some answers, or conditional permanent relief, not discounting the need for background checks, instead of waiting endlessly.
We did not commit any crimes. We are allowed to come here, and seek protection, and the asylum is adjudicated in 45 days typically. Now you are lucky if you get an interview in five years.
It is definitely not the fault of any asylum seeker that the system is heavily backlogged.
Some of us came in here when the events that drove us here were still fresh. At this time, we should be pursuing healing, and closure, but guess what, after over half a decade, we will have to relive the events again, thereby refreshing our pains and ptsd( interview), and have to remember every detail, or be deemed unreliable.
Asylum is a legal process. Why not apply the same standard of statue of limitations to asylum claims? Again, guess what? Even sham marriage which is immigration fraud can be successfully thrown out under statue of limitations. So, it is fair not to prosecute a person for crimes, with a few exceptions if they are smart enough to evoke statue of limitations, but for asylum claims, you must remember every tiny detail of events you are trying to put behind you? How is that a practical right?
Does the AO even care to consider that we have lived here for so long, and recognize how long it has taken to get an interview?
At this point in time, would it not be more cost effective to find a conditional permanent relief for people who have been in the backlog for so long, living responsibly, and paying taxes,instead of the Trump administration’s extra draconian rules to punish us for decisions we made based on existing rules?
Which is even more cost effective? Leaving people in the backlog, while creating more backlogs, or find a blanket solution for cases that have been backlogged 3 years or more, Free up AOs, and Judges, and concentrate on clearing out cases that are 2 years or newer.Truth is, it is so not making sense for the US government not to understand that once people stay in the backlog, and go out of status, resolving the asylum case becomes more expensive, and complicated, because then, the applicant goes to join the court queue, and that endless backlog keeps growing.
However, let us say all of the backlogged cases are fraudulent, and out of empathy for the few valid claims, and kids who may be affected, US adopts a “sin no more’ approach, clear out the backlog with a permanent conditional relief, and start adjudicating new cases faster, and more efficiently, to more effectively weed out bogus claims without the need to refer them to court, wouldn’t that be fair to people who US gave the privilege to apply for asylum?
Eliminate the “intent to deny” and MCH.
Most of these make no sense at all! Deny or grant! Go to court once, and for all! The government fails to understand that the longer people are here in the backlog, the more difficult it becomes to remove them. What happened to empathy, and tolerance?
Economically speaking, wouldn’t it be cheaper for the country to offer us some type of conditional permanent relief, have us pay for it to generate income,instead of the ever growing backlog, and waste of resources. This will not be amnesty! This will be smart and fair. Some times, smart moves appear foolish! And to the racists, it will be viewed as amnesty.
Every backlogged case will have either a grant, or court referral. After another half a decade in court in the case of court referral, a grant , a denial, or another form of relief will be the outcome. If a denial, the applicant may appeal, and the line continues to grow. Maybe along the line, he or she finds a spouse, and after all of the resources and time wasted just to hear our “sob” stories, the applicant never leaves the US. Sometimes, you have to play dumb to bring sanity to a system like this. US should stop this outdated law and overhaul the asylum system. It is a mess!
We have spent so much time here anyways, so what difference does it make to the country, except that the racists want us GONE?
If some of us who have been waiting for interview for 3 years, or longer get some form of relief, it will free up resources, and newer cases will be interviewed faster.
If they do not want to go that route, revert to FIFO, and save people from this uncertainty and nightmare. It is only fair! But what will reverting to FIFO do, create more backlogs.
You just don’t wake up, and change the rules, not caring how that will affect people who made decisions based on existing rules.
If the administration truly believes that the draconian rules will help deter people from filing bogus asylum claims just to obtain EADs, well, I do not think any right thinking person with such intent wants to come here, and wait for over a year to begin the EAD process. If the system starts to work as it should, the applicant with a bogus claim does not even get a chance to apply for the EAD, because the case will be adjudicated faster.
If we indeed have any right, I think it is time for us to write president Trump, and Congress.
People and children are being emotionally, and psychologically destroyed forever.
Revert to FIFO, or grant reliefs to human beings who are in this endless limbo.
Can you imagine how we feel when people come on this forum, and post a timeline like this?
Applied for asylum November 2018
Granted January 2019
Applied for GC: Feb 2020.
You are not angry at the person, because it is not his/her fault, but you begin to count how long you have been waiting for an interview.
If anyone is thinking like me, I think it is time to write a letter to the powers that be in this country.
Hi Jason, does USCIS reused biometric for N-400 or any other forms.
Thank you
In the past, they normally got new biometrics, but I do know that they are now often re-using old biometrics. Take care, Jason
I agree!
It is time!
https://petitions.whitehouse.gov/
Also, I am working on a post about ways that non-citizens can participate in the election. Basically, they can volunteer as long as they are not compensated. I hope to post something more in the coming weeks. Take care, Jason
Thanks for your post, Tina! All I can tell about the FIFO policy for asylum is that: If I were only a 10 years old child, I would never allow myself to set a policy like that, since I would be wise enough that this is a very WRONG thing to do for asylum. I am shocked about the mentality of those people who have made this interesting policy and run this country (I swear I love US more than they do)! However, there should be no comment if they have made it just to psychologically torture asylum seekers who have been waiting for a long time, which is not surprising me at this time!
Thanks Tina for the comment.
I liked how you illustrated it with timeline of those who applied just months or maximum a year back and they already have a result, that too an approval. It is hard to describe my feeling when I see such timelines. I feel happy for the asylum seeker but somewhere in my heart I envy them. I have been waiting for 5 years now. My parents haven’t met my son born here. Neither my in-laws have seen their only grandchild. On my side I have other nieces and nephews but my wife’s side, our son is the only grandchild. My in laws applied twice for visa. Rejected!!
Recently my father had a dementia attack. My mother said that he saw a photo of me and my son and asked her “who are they?”. It hurts to think that I may never meet my parents again or even if one day we meet, they won’t recognize me or won’t remember many memories to share with me.
It is a violation of the human rights America always criticizes China, Iran, Russia for.
I wish https://petitions.whitehouse.gov/ meant anything. I think these petitions means nothing nowadays. I think a peaceful demonstration infront of D.H.S for reversing the policy on LIFO would have greater impact than the petitions.
Also, everyone thinks that just DACA is important. True, DACA is important but DACA shouldn’t be the core focus of political parties or other immigrants and asylum seeker supporting groups.
I’m so so exhausted of being in this uncertain status.
I am so sorry about your dad’s situation, Jay.
There are probably about as many people with pending asylum cases as there are DACA people. We don’t precisely know how many asylum seekers there are, since we do not know how many have cases pending in immigration court. All together, there are over 1 million cases pending in court. Probably many are asylum seekers. In addition, there are probably over 350,000 cases pending at the asylum offices. By comparison, I think there are 700,000 or 800,000 DACA recipients. Take care, Jason
Hi Jay If all pending asylees do protest front of white house or USCIS/DHS office that will be more effective than petition. Petition is just a paper and can be stuck in Limbo as well. But people’s voices can be heard.
ALL ASYLEES TOGETHER CAN MAKE A DIFFERENCE.
Before you go in front of the White house or USCIS/DHS we have to try petition and show them our requirements. Also it will show to both sides how bad it could be if no action is taken after petition is over, because all can see how many people voted for petition and all those people can go in front of the white house. If government see how strong asylum community and how serious are our intentions they will take actions before protest starts.
I hear you. Unfortunately, the current Administration is at war with asylum seekers and immigrants, and seems to have no humanity towards such people. Frankly, I think this position is based on moral cowardice – they are afraid to view “others” as human, and thus tell lies about such people to convince themselves that it is ok to mistreat them. I do agree that if everyone in the backlog was allowed to stay, it would do no harm to our country. But at least they should be treated fairly, and it is pretty clear that will not happen with our current leadership. Take care, Jason
Hi Tina, If all pending asylees do protest front of white house or USCIS office that will be more effective than petition. Petition is just a paper and can be stuck in Limbo as well. But people’s voices can be heard.
Great post Tina! I feel like it’s very convenient for the government to keep us in constant fear and separated from each other. And it’s time for us to unite and act, to write a letter to the future administration Biden/Harris asking to make this changes and automated asylum approval for people waiting for more than 3 years. I created a group for people who’s looking for support and want to do something. I’m so tired to hear from my attorney just to keep waiting. I hope Jason doesn’t mind if I share the link. https://bit.ly/33XLBNy
Thanks
I think that is great. My personal opinion is that the best use of time and energy is volunteering for the Biden campaign, as nothing will improve under the current leadership. Take care, Jason
Some of us are not on social media.
My computer skill is at the lower level of intermediate, too so I may not be able to coordinate an online platform. We need someone with strong computer skills cordinate this. We can draw up a letter to the ACLU, and outline what we are going through collectively, the effects of LIFO, and the changes we want ACLU to help us demand.
If Jason permits us. That letter can be posted here for us to see, before it will be sent out on behalf of backlogged asylum seekers.
As Jason recommended we will also volunteer at whatever capacity is legally permissible, while waiting to hear from ACLU.
We however need a volunteer to Liase with ACLU on behalf of everyone.
If anyone has other more workable ideas, I guess we are all open.
Hi
I had interview three year ago my status still pending decision .Three weeks ago EAD clock stopped . yesterday I received letter biometric appointment for my kids 12and 14 years is that mean my case granted?
Thanks
I do not know that it means anything – it seems they are now sending out many appointments for biometrics, and so it might just be a normal request for biometrics. Take care, Jason
Dear Jason,
we had our asylum interview in last August, 2019 and still waiting for the decision. Just wanted your advice if its a good idea to submit new 2020 evidence about condition of my country which has further deteriorated for us to return back on religious grounds, along with expedited decision request through my lawyer? do you think that will help for them to give us decision soon or do you advise otherwise?
If you think the evidence is relevant to your case, you can submit it. If it is a few pages, you can submit it by email. Otherwise, you can mail it. You can find the contact info for the asylum office if you follow the link at right called Asylum Office Locator. You can also submit an inquiry about the decision at the same time (or separately – whatever you prefer). Take care, Jason
Hi Jason, I have a pending asylum case since 2015 in Phoenix. In 2016 I found a job in alaska and moved there. Someone had told me that as long as I could still get the mails sent to that address in Phoenix, there was no need to change the address to Alaska where I am currently living.
Is that true or I need to change my case to where I live.
Would that be a an issue?
Thank you
Thank
It can be an issue – if they think you are lying about your address, they may think you are lying about your case. So if you have moved and have a job, pay taxes, have a license, etc. in Alaska, you probably need to change your address (form AR-11, available at http://www.uscis.gov). I did a blog post on June 24, 2015 with more detail about this point. Take care, Jason
I have been waiting for an interview for 5 years (I applied in August 2015). I feel deceived, the USA has turned into some other country before my eyes. I don’t understand how people could choose a liar and a narcissist as president. We need to prepare a class action lawsuit because the immigration service is violating our rights. I live in Brooklyn.
Do we have any practical rights as asylum seekers?
Non-citizens do have many rights under the Constitution, including the right to due process of law (even though the Administration does not seem to think so). Take care, Jason
Protected class needs strict scrutiny, but it seems instead of the government, the protected class will have to prove that in present circumstances.
@ seeker,?????
Hay Tina,
In the US Constitution, there are some protections provided to different classes of the individuals. The protected class (like us) are the one where if the government is going to take any action that prohibits any right of the protected class, the burden is on the government to prove that it is necessary for the compelling interest of the government let me quote from Wikipedia:
“U.S. courts apply the strict scrutiny standard in two contexts: when a fundamental constitutional right is infringed,[1] particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the Due Process Clause or “liberty clause” of the 14th Amendment, or when a government action applies to a “suspect classification”, such as race or national origin.”
The question is if the actions (laws) that burdened the “protected class” are challenged in a court of law, the government will have the burden to prove that it is necessary to a compelling government interest, not the person who files the action.
Got you. Thanks for educating me.
Alex,
I am exactly in the same situation (waiting 4 years for the interview)! the problem here is that our voice has never counted or heard. For example, I have never seen even a protest!
U.S government assumes asylum cases are fraudulent and fake so they don’t take that much seriously. We are trapped in a very very long bureaucratic process