The Democratic Party has released its 2020 Party Platform, which represents the Democrats’ aspirations for the next four years. Separately, the Biden/Harris campaign has released its immigration plan. Both plans contain concrete policy suggestions (as well as plenty of hyperbole), and here I want to discuss the points that relate directly to asylum.
Before we get to that, let’s briefly look at the most important points related to immigration generally, since these proposals would also affect asylum seekers. In terms of immigration, the Democratic Party Platform seeks to accomplish the following–
- Stop work on the border wall
- End the Muslim ban
- Protect Dreamers and parents of U.S. citizen children
- End the public charge rule (form I-944)
- Provide a path to citizenship for undocumented migrants living in the U.S.
- Reduce immigration backlogs
- Make it easier for spouses and children of Green Card holders to come to the United States
- End the 3/10 year bar
- Expand protections for victims of human trafficking and sex trafficking
- Provide stronger work-place protections for non-citizen and undocumented workers
- End workplace and community raids
- Re-instate prosecutorial discretion in immigration cases
- Prioritize alternatives to detention and end the practice of holding non-citizens for long periods
- Consider expanding TPS (Temporary Protected Status) for people from war-torn countries
- In terms of enforcement, prioritize criminals and others who threaten our national security
- Reform employment-based visas for immigrant and non-immigrant workers
- Provide more support services for new immigrants, so they can better integrate into U.S. society
- End the use of for-profit detention centers
- Increase the number of refugees admitted into the country
The Platform also contains a number of proposals that relate more specifically to asylum–
- End policies that make it more difficult for victims of gang violence and domestic violence to receive asylum
- End the criminal prosecution of asylum seekers at the border and stop separating families
- End policies designed to force asylum seekers to apply for protection in a “safe third country”
- End the Migrant Protection Protocols (the “wait in Mexico” policy)
- Send humanitarian resources to the border to deal with the migration crisis
- Send more Asylum Officers to the border, and for asylum seekers who “pass” a credible fear interview, have an Asylum Officer–as opposed to an Immigration Judge–review the full case
- Double the number of Immigration Judges, court staff, and interpreters
This is an ambitious agenda, and it is certainly more pro-immigrant than what we saw during the Obama Administration. Whether these goals can realistically be implemented, I do not know.
As for the proposals related to asylum, you can see that they are largely designed to reverse policies of the Trump Administration, and they mainly apply to migrants arriving at our Southern border. Mr. Trump’s policies have been abhorrent and ineffective (and not always legal), and so we obviously need to do something different at the border. The risk is that by deploying more resources to the border, the government will be unable to interview affirmative asylum seekers, thus further increasing the backlog. Also, if Mr. Biden’s policies encourage more migrants to come here, that could further strain the system and result in a political backlash.
In terms of changing the asylum law, Mr. Biden’s only substantive proposal is to reverse Trump-era restrictions on asylum for victims of domestic violence and criminal gangs. This is an important issue, since so many asylum seekers (especially from Central America) are fleeing these types of harm. Persecution by criminals and domestic partners has not traditionally been a basis for asylum eligibility. Over years of litigation, the scope of asylum protection has expanded to include LGBT individuals, victims of female genital mutilation, and to a lesser extent, victims of domestic and gang violence (under the rubric of “particular social group”). But since President Trump came into office, his Administration has been rolling back these gains, particularly with regard to persecution by criminal gangs and domestic partners. If Mr. Biden is elected and reverses this trend, more people would qualify for protection and lives will be saved, but this could also encourage more people to seek protection in our country.
To deal with this concern, Mr. Biden’s plan includes an effort to address the root causes of migration from Central America (violence, lawlessness, impunity, and poverty). Hopefully that would help improve the situation in those countries and mitigate the number of people seeking protection in the U.S. But in terms of our immigration system, more needs to be done.
Specifically, we need an honest national conversation about who should be eligible for asylum and how many asylum seekers we should admit. Unfortunately, in the current environment, this seems impossible. But until we can have such a conversation, and reach some semblance of a consensus, asylum will remain a political wedge issue and asylum seekers will continue suffering from backlogs and shifting eligibility standards. In the event that Joe Biden takes office in January, I hope that this conversation will be part of his agenda, and that he will work with Congress and the public to reach a sustainable solution for asylum seekers.
Overall, Mr. Biden’s asylum plans seem largely reactive–he wants to reverse the damage caused by the Trump Administration. But he is also advocating for a broad immigration reform, which would benefit many non-citizens, including many asylum seekers. Even if all he did was speak truthfully about migration and respect the law, Mr. Biden would be a vast improvement over what we have now. Let us all resolve to do what we can to help Mr. Biden succeed in November and beyond.
[…] a year, and–given the mess at the Southern border and President Elect Biden’s plan to send more resources to that region–it is likely that many more than 200 officers will be assigned to CFIs (which […]
[…] to the election, the Democratic Party and the Biden campaign set forth their proposals for immigration reform, which are quite sweeping. Many of Mr. Biden’s ideas can only be enacted with the cooperation […]
Hi Jason,
how have you been? thanks for your tireless effort in keeping us informed I am always thankful for your continuous support.
Jason, I’ve a question to ask I know my question doesn’t align with this thread but I was not so sure which venue to follow to post my question.
Today I checked my asylum case status online and saw the result with “Decision was Mailed”. From my calculation, the status was changed 27 days ago as of writing this message. However, I haven’t received anything and was wondering if this is typical or if I have to contact USCIS. If I need to contact UCSIC for the whereabouts of the mail, what contacts should I reach out (my application was filed in the Chicago office)? If the delay is typical, how long should I be waiting ?
Thanks and God bless,
Ab
An addition note: I saw that my EAD clock seen on the message has stopped counting.
Here is the status message excerpt (generated today):
“The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock.Your case has been pending with USCIS for 1455 days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete.”
Thanks again,
Ab
It seems to me that the clock is not stopped (“the USCIS portion of the EAD Clock is currently running”). Some people say that this means the case was sent to court, but I think there is no way to know for sure until you get the letter. Good luck, Jason
Once the decision is mailed, you should receive it in a few weeks. If you are talking about an asylum decision (as opposed to an EAD decision), you can contact the Asylum Office directly – you can find their contact info if you follow the link at right called Asylum Office Locator. Probably they will not tell you your decision, but maybe you can confirm your address and ask if a decision was mailed. Take care, Jason
Dear Jason,
Just wanted to ask, I know it takes 5 years to get your citizenship after you get your green card based on the asylum you won. I was just wondering if there is any legal avenue to expedite the citizenship process and get it faster? I was granted asylum a couple of years ago and got my GC, but I was looking to see if there is any way to get the citizenship faster.
Best,
Hussain
There is no way to make the 5-year period faster. However, your GC should have been back-dated one year, and you can apply for citizenship 5 years after the date listed on the GC. Also, you are allowed to mail the N-400 (citizenship form) up to 90 days before the 5-year anniversary date on the green card. Take care, Jason
Jason,
This may sound a little weird and not really a big issue.
I have noticed that the search engine on this page does not provide you search result entries on public comments made by people on the various articles that you wrote…….For example if I am searching for case related information from other people from my home country and I search for a keyword let’s say hypothetically speaking “IRAN” then it should show search result entries where somebody used this keyword in their comment……… Currently It would only show you entries of your articles where this keyword is used in your articles….
Again not really an issue but may be you can convey this to who ever maintains this webpage to also include comments in the search results entries…….It may be easier this way to search for useful information that other Asylees from one’s home country may have shared here…..
Thank you – there are a number of technical issues, which periodically get addressed. I am not sure whether that one is fixable, but I will try to mention it to the nerds that maintain the site. Take care, Jason
Excellent article Jason. As to comprehensive reform, the so- called Gang of Eight senators actually came up with a pretty good draft document as a starting point in 2013, including incorporating some of my proposals for reform of the courts such as giving Immigration Judges more discretion in setting bonds. Unfortunately the Republican controlled house refused to even consider the proposals. That document could always be dusted off as a starting point.
We can hope. CIR is really the only way to go, as the current system needs a total overhall. I hope all is well, Jason
Hi,
If someone have information about San Francisco asylum office. Does they conduct interview if so they use LIFO or old case? Does any one have interview from 2016?
Thank you.
Hello Mr.Dzubow,
Are Application Support Centers open for biometric appointments? I sent my I-131 for Refugee Travel Document last month and Case Tracker says it was received on August 10th. I received the receipt but haven’t received the biometrics appointment notice yet. Or am I supposed to give biometrics again? This is my second application for an RTD. I got my first RTD last year.
-MT
In some cases (maybe most cases), USCIS is re-using biometric data that it already has. In other cases, they are scheduling appointments, but the timing is very unpredictable and in some cases, takes months. Take care, Jason
Hi MT,
Do you have to pay for your renewal?
I heard renewing RTD while green card application is pending is free?
For our clients, we do not pay when they apply for an RTD at the same time as the GC, or for the first RTD after they pay the I-485 fee. After that, we pay, as we have had some rejections in the past when we tried to re-use the I-485 fee. In any case, assuming a new rule goes into effect on October 2, 2020, the I-485 fee will no longer cover the I-131 (or the I-765) and so you will need to pay separately for each form. Take care, Jason
Hi,
Can chronic diseases be a reason for asylum? The diseases that can’t be cured in home country. Will uscis consider asylum applicants health situation?
Thank you
Potentially, but it would have to be in the context of persecution. For example, the government will not treat you because of your religion, or if you are detained, the detention will be particularly deadly because of your health problems. In other words, it has to be more than simply the fact that your home country does not have the resources to take care of you or help you. Take care, Jason
Jason,
This is a great plan by the Biden administration. I hope that the Biden admin can also provide some most needed urgent relief to Asylum seekers who have been languishing for so many years just to get an interview. There should be prioritized/special processing of Asylum cases for people who have been waiting for more than 3 years.
Also the number of years that we have already spent waiting should be counted towards the green card and citizenship applications as well. I mean we should not have to wait any more years after our asylum is approved to get green card and citizenship. We have already waited several years. USCIS should count these years towards green card and citizenship as well. This would provide the needed fairness and justice in the asylum system. What do you think????? Is it not fair that if an Asylee who has already waited 5/10 years before his asylum was approved should then have a shorter path towards citizenship and should not have to wait another 4/5 years to get citizenship??????
I totally agree with you, John .
I am a little pessimistic about a Biden victory, though.
John, I agree with 1 of your points. USCIS should prioritize cases that have been waiting for => 3 years. Aside from the fact that it’s grossly unfair to interview and grant asylum within 2 months of the applicant applying, and at the same time putting away other applicants’ applications to gather dust, I simply fail to realize how this current system is deterring fraud.
Majority of the people who would submit a frivolous application to avoid deportation have already overstayed their visas, or are almost out of status. In addition, a lot of people who file I-589 applications are on F1 visas, some kind of visas that allow them to stay here for a while, or TPS status. USCIS seems to almost ignore the fact that many of the people who apply for asylum affirmatively are already out of status, or almost out of status and their application will likely end up in court. What this means is that the applicant would, in many of the cases, qualify for a work permit before a decision is made. For people in legal statuses, such as F1 or B2 status, they simply revert from “asylum applicant” to the statuses they had before if the didn’t get approved. And the endless cycle continues… All this while, backlogged cases, many of which are genuine claims, continue to gather dust and the applicants continue to suffer. I guess USCIS’s solution to this is to push the waiting time to apply for an EAD to 1 year from 5 months (this is obviously inhumane).
I disagree with is your second point, however, that years waited before an application is approved should be counted towards citizenship and GC applications. At what year, before an application is approved, does USCIS start counting the waiting time towards the citizenship and GC applications? Would USCIS extend this to other applicants who are not applying for asylum (marriage and family petitions, for example)? Would USCIS retroactively apply those years waiting to people who are already asylees or adjusted status to LPR from asylee status (for instance, Jane waited 4.5 years to get her asylum. She waited another 1.9 years to get her GC)? Should Jane get citizenship right away, per your suggestion? Or let’s imagine that Suzan waited 5 years to get her asylum but she has not yet adjusted status. Should she skip the 1-year physical presence requirement and go straight to GC as she’d been waiting for 5 years for her asylum approval? If yes, do you think that USCIS has the capacity to handle the number of people who would apply because they’d be eligible for a GC/U.S. citizenship? Would that then slow down the process more? If not, what makes you think that other people’s time spent waiting is different from others’?
Jamie,
If Susan waited 5 years while living in the USA to get asylum, she has been physically present in the United States for 5 years, right?
The physical presence rule, and the wait time before applying for citizenship were all based on the 45 day adjudication period for an asylum claim.
Given the almost non-functional asylum system, do you think it is fair under lIFO for someone to become an LPR in less than 2 years, and another who waited to have his/her case heard in the same category to wait another year, plus the initial 5 years, under the same category for no fault of either applicant?
The asylum grant should in cases of 3 years or more, come with GC. That will mean waiting 3 more years to apply for citizenship.
If the physical presence is the reason we have to wait another year to adjust status, every person on the backlog satisfied multiple years of physical presence.
There’s got to be a way to compensate for the time that applicants lived in emotional distress, while others continued rebuilding their lives.
Tina, believe me, I do agree that the current system is a complete mess. My first point is actually in agreement with your first point (we both agree that the current LIFO is not only unfair but disastrous). What we seem to can’t find a common ground on, however, is how, and at what point in the process, do applicants become eligible for, or exempted from, the physical presence requirement/time counted towards citizenship/the GC application.
USCIS, and the EOIR, would first need to streamline the whole process/system before such a system can be put in place. If they were to go ahead and implement such a system (shaving off time spent waiting for approval of asylum/GC applications), this would clearly be implemented in an ad hoc fashion. In fact, I believe such an implementation would add to the amount of time applicants would have to wait, as more people, including those already granted legal statuses and applicants who are NOT asylum applicants (family/marriage petitions and employment green cards, for example), would become immediately qualified for various immigration benefits. This would therefore burden a system that is ostensibly overburdened and in dire need of resources to stay buoyant. Unless, of course, you are saying that only asylum applicants are affected by long waits and therefore should be the only ones exempted from the physical presence requirement. If the foregoing is what you believe, then I beg to differ.
The problems with USCIS and the immigration courts seem to be carefully orchestrated with the intention of sabotaging the whole process. If the government wants to, there are many things that can be implemented to allow for efficiency, smoothness, fairness, and ultimately humanity. The government can hire more immigration judges and asylum officers, practice fairness by interviewing applicants for asylum in the order in which applications are received, implement a more transparent system where applicants can have an idea of when they will get an interview (this kind of information gives people hope and allows them to be more relaxed), implement different service levels (premium service, for example), hire and train certain people to help winnow out fraudulent and frivolous applications, and depending on the applicant’s immigration status, refer him/her to court or have him/her humanely removed from the country, etc. Other countries (and bear in mind that the U.S. has the most advanced economy in the world), though they are not perfect, process millions of applications for asylum and refugee statuses yearly. Many of these countries have a fraction of the resources that the U.S. has.
Jamie,
Good points!
Remember though that all backlogged asylum applications have no timeline., as you rightly pointed out.
Most other applicants have timelines( maximum amount of time for case adjudication) so there is a degree of certainty.
We had that until LIFO.
I agree with you, because this administration is not interested in any humanitarian process, so we can wish all we want, it is not going to happen.
I still maintain that 45 days adjudication of asylum made the 0ne year physical presence necessary at the time.
With people living in the USA for over 3 years before asylum case adjudication, LPR should be granted the same time asylum is granted, if we are to take physical presence literally, because asylum seekers satisfy that requirement while waiting for interview.
I like many of these ideas, and I agree that our asylum system needs a total overhaul. It is not working, it is not fair, and it is causing more hardship to people who have already suffered. Also, it does little to deter fraud. Sadly, given the political gridlock and partisanship, a fix does not seem to be in the works any time soon. Maybe if Biden wins. Emphasis on “if” and “maybe”. Take care, Jason
Jamie, as someone who works in AI, I have seen companies which are way more complicated than USCIS implement automated workflows with machine learning (for exception management) and they can automate around 80-85% of both their operations and business (financial/sales etc) processes. It is very feasible and realistic to implement a workflow where the moment someone applies for benefits and pays a fee, the system checks for available biometrics, runs a bg chk, checks various databases for admissability, eligibility and recommends approval or denial or RFE. The benefit can be automatically approved or you can have a human do the final “click to approve”. There is absolutely no necessity for sending a huge bunch of documents over and over and no need to have all these workers pouring through applications line by line. A human can err, but a well designed system cannot miss anything. Also a AI system learns – so in case the supervisor or HSI finds that someone is using some new fraud technique, the system will immediately close the loophole across the board. This will also standardize application process and reduce the disparity of getting a good officer vs a bad officer. Some things such as asylum interviews will obviously need to be conducted by humans but applications such as GC, naturalization, EAD, RTD etc. can be automated in 80% of the cases. 20% of cases where the system sees an issue can be flagged for interviews.
Believe me, the government is well aware of these systems and is already using it for advanced data collection and analytics. USCIS is a cash cow and a way to keep around a million people employed. That’s why this wont be implemented anywhere in the neat future.
I completely agree with you Tina, Jamie also makes some good points but I agree with your point that if an asylum seeker already waited more than 3 years before his asylum case was approved then he should not have to wait another one year to be eligible for green card. He should be granted green card on the date his asylum is approved…….
you make good points Jamie. I kind of agree with some of the things you mentioned…. I am not familiar with any other visa categories but I am sure people in other visa categories also spend a lot of time waiting before their cases are approved. Asylum may not be the only category in which people have to wait so many years…..
John,
I think your 2nd suggestion would need a change in the law. The Law requires an applicant for citizenship to be a permanent resident for 5 years (apart from other things). The law allows Asylee GCs to roll back 1 year from the grant date and refugee GCs to roll back to date of their first admission. So if we want to count asylee’s actual time from the point of I-585 application the law needs to change to roll this time back. But considering the backlogs that would mean that many people would be Eligible for citizenship the moment they get a GC. I’m not complaining though as it would mean that I would be a citizen a 3.5 years ago under this system. I’m just saying it’s unlikely to happen.
yes you are probably right…..This is just wishful thinking from my side…….
One change that would help and seems manageable is to automatically issue a green card for all asylees once they have had asylum status for one year. The whole I-485 process seems unnecessary given that these people have been extensively interviewed. All that is really needed is a background check to be sure they are not criminals, and then just issue the GC. Easy peasy. Take care, Jason
Jason – As an experienced attorney who has been in business for several years, you know that this is wishful thinking!! USCIS survives on application fees, that’s their cash cow and it will never go away. Technically, why even grant asylum as an interim status, just grant a GC? But this will never happen. We all know that collecting biometrics over and over again is redundant as they never change and can be reused (like they were doing a couple of months ago), but USCIS needs the $85 fee to keep ASCs running and keeping those people employed.
I am not saying it is likely to become the rule; I am just saying that it makes sense. Also, they could still collect a fee if they did that. Anyway, I do agree that this is not something we will see anytime soon. Take care, Jason
Jason, EXCELLENT point. I agree, to a large extent! If the asylee/refugee is here for 1 year, the GC, after the background check is done by USCIS, should be sent in the mail without the asylee having to apply. I believe that the background check should also include any public information, like if the asylee got married after a grant of asylum (for example). If the background check cannot find certain information on the asylee, then USCIS can argue that they wouldn’t be able to effectively detect fraud as the background check is limited. For instance (and emphasis on “for instance” as I don’t know how broad USCIS’s background check is), a male LGBT-asylee got married, after he was granted asylum, to a woman and both of them also decided to have children. Or let’s say that a woman was granted asylum based on her religion. After she was granted asylum, she reverted to no religion or the religion that majority of the people in the COP practice. How would USCIS be able to detect these things if there is no application for the GC? Also, what if the asylee doesn’t’ want to become an LPR? Perhaps the asylee could declare, at the asylum interview stage/on the I-589 application, that if s/he is granted asylum, s/he would like to automatically become LPR having spent 1 year as asylee? Also, like it is now, the asylee would have to make sure that USCIS has his current address on file as the GC could be shipped without the asylee knowing. This is unless, of course, USCIS contacted the asylee and let him/her know that they will initiate his/her adjustment process. I suppose USCIS could also encourage asylees to create an account so they could monitor any USCIS changes/activities.
I am sorry. LOL I am just trained/used to figuring out “logistical nightmares”, before and after they happen, so I can’t help but read too much into these things. I think this is a good suggestion, though.
I doubt it will happen, but all the logistics could, I think, be worked out. The whole application process is a joke, and there are confusing questions on the I-485 (which is a poorly designed form, to say the least) that can trip people up. The sad part is that there are many efficient things USCIS could do to improve the situation, and they could still charge people for the GC, as they do know. The current leadership seems little interested in efficiency, but maybe they will one day decide that they have clamped down enough and can actually focus on making the system work better. Take care, Jason
Jason, very good point again about the questions on the I-485. The questions were actually designed to trip applicants up. Thanks.
So many of these forms are poorly designed. They keep issuing new editions of the forms, but there are rarely any major changes and they never seem to completely overhall the forms. They could save everyone (including themselves) a lot of time if they simply had someone with above a 3rd grade education redesign the forms. Take care, Jason
Hi,
If someone have information about San Francisco asylum office. Does they conduct interview if so they use LIFO or old case? Does any one have interview from 2016?
Thank you.
As far as I know, they are under LIFO, like all asylum offices. How they are processing backlog cases (from oldest to newest or from newest to oldest), I do not know. Take care, Jason
Hi Jason, Kelid – Can you please provide current approx timeline for: When Applied, Interview, Master & then Individual hearing at SF?….
I do not have specific info about SF, but all offices are using LIFO and all offices are slow, so most LIFO cases are probably not being interviewed. If you land in the backlog, which is likely, no one can predict how long the wait will be. That said, SF is probably the best asylum office in terms of grant rates, and one of the best in terms of wait times and willingness to expedite a case. Master and Individual Hearings are for court cases, and do not apply to the asylum office, but if you are in court, wait times vary widely depending on your judge. Most cases take about 2 years all together, but many are much longer. Take care, Jason
I have no objection to this idea, but I doubt that it is on the table. Anyway, unless Biden wins, the only thing we will see for asylum seekers is a continuing mess, and so that is the first step. Take care, Jason
Hi Jason.
I got two updates after my asylum interview, One says decision was mailed “ We reached a decision in your case. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what you should do next” and other is “ We received your case and waived the filing fee for your Form I-765, Application for Employment Authorization“ what does this mean can you assist please.
Thank you!!!
Don’t take my word for it but i have seen similar questions here on this forum. Usually people say that if your filing fee is waived then that means that “Asylum is approved” but you should not take my word for it. You should wait for the decision. Usually I have seen on this forum and other forums where people say that when asylum gets approved then filing fee is waived……
I could be wrong.
This seems to be an approval. Do you mind sharing your timeline ? What office did you apply with and how long did you have to wait for the decision?
Some people might interpret this as a grant, since a person gets a new EAD when asylum is approved, and there is no fee. However, I would caution you to stay patient – until you get the letter, you do not know for sure. Good luck, Jason
Hi Jason
I have this question bother I apply a month ago my green card application , I didn’t have no ticket at all but my friend take my car and he park an handicap parking so they citation him but didn’t told me nothing this week I received a letter saying you didn’t pay the fine and a penalty come out so can this be a problem or impact on my geen card or what will gonna happen, did handicap parking is serious when it come to USCIS
I do not think this would affect the GC application, unless it is a criminal issue, such as an outstanding warrant. If possible, have your friend resolve the issue. Otherwise, you should resolve it, rather than have it hanging over you and eventually becoming a criminal charge. Take care, Jason
Hi Jason thanks for your wonderful platform I have two questions
1. can i travel with a refugee travel document that expired in 2 months?
2. Is It possibly to Travel home country For 10 days while iam a green card holder based asylum , any issues during returning in US.
Thanks
Hello I advise you have at least 5+ months according to USCIS guidance valid of travel document . May I ask … where did you apply for your green card and how long it took you to get approved ??? Thank you
It took exactly 1 year , applied on April 2019 and I got my green card April 2020 .
Travel documents really frustrating so it seems like you have to Renew it every 6 months , l couldn’t travel last 6 months because of COVID 19 , and now I have to renew it again .!!
Wow ! That is not fun ! Did you get processed in Nebraska or Texas ?
Texas , I have friend she applied on sep-2018 she still waiting for her green card. Same service
Texas processing center is a nightmare
Hi M,
I am not Jason. He’ll respond soon. In the meantime, I will tell you what I know.
1. You can travel on an RTD that expires in 2 months. However, you MUST return to the U.S. with an unexpired travel document to be on the safe side/to avoid possible inconvenience. This is especially true if you do not have a GC. What you need to check/find out, though, is whether the country you plan to travel to will accept an RTD that only has a 2-month validity. Some countries require that your travel document has a minimum of 3 months validity, and in some cases 6 months, before you can enter their country.
2. It is generally advised that you should not return to the country of claimed persecution, even after you have adjusted your status (acquired lawful permanent resident status), until you become a U.S. citizen. The exception to this, however, is if you have to return to your country because of an extenuating circumstance, like to see a very ill/dying family member, for example. You may also be questioned about your trip to the COP upon your return to the U.S. and during the naturalization interview. Experts believe that you should be prepared to explain why you went to the country of claimed persecution and how you were able to stay safe. Some former asylees- and even people with only asylee status- have successfully done it; you’d basically be playing Russian roulette.
Thank you Jaime
That’s right I read about it a lot , but the reason because of my mom condition, she is so sick and her Health condition is bad. And my trip will be no more than 10 days , but still i can not decide to do this.
M, thank you for your response. The reason for your travel sounds like a good reason to travel.I would advise that you gather as much evidence as possible- such as medical or health records, letters from friends and family, etc- to prove that you never went to your country just because you wanted to visit. If you can, try not to stay there too long.
It’s more tricky if you fled your government’s persecution/if you claimed that you were being persecuted, or wanted, by that government. If the government was the persecutor before you fled, you’d need to demonstrate how you were able to visit your country and leave the country without being persecuted/held by your government.
1 – As long as the RTD is valid when you return to the US, you should be fine. Whether the country you are visiting will accept the RTD or require a longer period of validity, I do not know. Maybe you can check with their embassy. Many people need to use their home country passport in addition to the RTD, as not all countries accept the RTD. This is not ideal, but in some cases, there is no choice if you want to travel. 2 – This could be a risk. I wrote about this issue on January 6, 2016 – maybe that would help. Take care, Jason
Hi Jason
i would like to learn whether you think the removal of 3 and 10 year bans to rentry van be effectively removed in a Biden admisnitration ? do we need a congress decision or is a executive order enougj for that ? also I want to learn if a visa overstayer appliea for asylum in new york, can we say the wait times are increasing each and every day ? i hears that if you apply today it takes almost 5 years foe the process ro finish if you make all appeals to high courts in case of a revacation. is that true or not ? thank you and take care.
The 3/10 year bar is part of the law, and so would require Congressional action (i.e., a new law). I am not sure I understand the second part, but most asylum cases are delayed and they could take years. It is largely unpredictable, and some (small) number of cases actually go quickly. Take care, Jason
Hello friends asylees . I just introduced my green card papers through Chicago . Wish me luck , anyone from that city that could share timeline ? I am little nervous as I don’t know it will take long as asylum interview (years) please share your stories . Thanks .
Hi Sonja
Can you if you don’t mind share with us your timeline, like how long ago you applied for asylum and how long you waited for interview/ how long for the decision… thanks
Applied in 2013 and was stuck in limbo . My only way out was tormenting the office with letters every month . There is no other way you’re going to be called . Torment them until they hate you . It’s the only way to get out of that black hole. Approved last year July .
Thanks Sonja for answering, so after the interview, how long you waited for your decision?did you have to shower them with letters too? I’m waiting for my decision for almost two years….thanks again
I waited four months … and that’s because I sent weekly letters and emails and went in person twice to the office . DO NOT BE AFRAID TO TORMENT THEM !! YOU HAVE TO TORMENT THEM … ask for the director say I HAVE BEEN WAITING TWO YEARS IS THIS A JOKE ? What’s the worst that could happen ? Court ? At least you will get a yes or
No … this is costing years of your life . TORMENT THEM not contact them , TORMENT THEM … it’s the only way . Good luck
Hey , I just wanna know how you have answered to part 8 questions 16 & 17 , if you don’t mind ?
Dear Jason,
recently, USCIS denied my case even I was out of status. However, I mailed USCIS that I am no longer in non-immigrant status. However, instead of referring me to the court, they asked me to file a “motion to reopen. Afterward, I filed the motion to reopen. USCIS granted the motion to be reopened and referred the case to the court. I have been using asylum USCIS EAD. Is my EAD from USCIS still valid even though my case refers to the court? If no, how I can get a new EAD from my immigration court? Thanks
If the EAD is based on asylum pending (category c-8), you can renew it, even if the case is referred to court. So if the card will expire in the next 180 days, or if it already expired, you should be eligible to renew it now. Take care, Jason
Hi,
Among the abundance of rules during the past years, I am a bit lost whether a US citizen who is recently got naturalized based on asylum can still file for I-130 for an immediate relative (sister) and her family?
A US citizen can file for a sibling (it does not matter how the person got their GC or citizenship). The wait time is very long. You can see that by Googling “DOS visa bulletin” and looking at family category 4. Take care, Jason
Hey Jason and all asylees. I have a question , I am filling out my I485 as asylee and I need your help regarding the part 8. General eligibility and inadmissibility grounds number 17 – have you ever violated the terms or conditions of your non immigrant status? In fact , I get here on F1 visa and my wife was the principal and we have been sent to the court .
If you think you violated your status (and it sounds like you did, as you were sent to court), you can check “yes” and then circle the question and write “see cover letter.” In the cover letter, you can explain your violation – for example, “My status ended and I remained in the US” or whatever the story is. Such a violation would not normally require a waiver, but if USCIS thinks a waiver is needed, it is much better to do that at this stage of the proceedings (because it is easy under INA 209(c) of the immigration law). If you get a GC and USCIS discovers the “violation” later, or if USCIS thinks you are lying about the violation, the situation will be much worse. Take care, Jason
If a person’s status ended…and he remained in the U.S. because of having a pending asylum case. ? Is that considered a violation ? It’s just legal status naturally ending ?
Maybe – for purposes of filling the I-485, I think it is safer to indicate that you did not violate your status, but to circle the question and write “See cover letter.” On the cover letter, you can explain that you stayed beyond your visa, but that you have a pending asylum case, and so you think you did not violate your status. This way, USCIS cannot accuse you of lying. Take care, Jason
For those of you who did not get their EAD- were you able to keep your job? I am afraid I won’t get my renewal on time and I don’t know how to explain to my hr that I have an extension. Any advise?
Take the I-797 notice that you received to your H.R and tell them to run everify, once they run everify they will be able to confirm that your work extension is automatically extended for next 6 months……..I did not receive my EAD on time last time and I took the notice and copy of my old ead to H.R….Highlight the line on the notice which says that if you do not receive your new ead on time your work authorization will automatically be extended for next 6 months…..It should not be a problem… H.R will run everfiy and will be able to confirm that your work authorization is extended for next 6 months
In my case I did not receive my EAD on time but my work authorization was automatically extended for next 6 months…….H.R has to run E-verify….You must have received an I-797 notice which clearly mentions that your work authorization will be automatically extended for next 6 months if you don’t receive the new EAD on time………take the 797 notice and copy of old ead to H.R….They will accept it……There is an online E-verify tool that you can even use for yourself…try using that tool to confirm that your work authorization was automatically extended……..Try using the online everify tool yourself…..
Thank you , John!
The USCIS website explains it here: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension. In addition, they have now extended certain EADs beyond the 6 months period: https://www.natlawreview.com/article/department-homeland-security-expands-flexibility-i-9-forms-during-pandemic. Take care, Jason
Hi Jason and other valuable contributors,
Thank you for doing what you do.
I’ve a question:
1. Green Card Backdate, does it back date from the application receipt date or from the date application was Approved?
Hi Everlyn,
I am not Jason. He’ll respond. In the meantime, though, I will respond. From personal experience, and some knowledge of the asylee adjustment process, I know that one year of your time in asylee status counts as permanent residence. Technically, what that means is that, barring any inadmissibility or eligibility issues (for example, the asylee committed a “serious” crime inside or outside of the USCIS, or the asylee no longer meets the definition of a refugee), the asylee would have already acquired one year of permanent residence. USCIS will therefore “back date” your green card one year before your GC approval date. For instance, if your GC was approved on March 15, 2020, the GC would say that you are a permanent resident since March 15, 2019.
From the date the GC is approved. Take care, Jason
Any asylees from Florida that have their green card approved fast ?
Very ambitious plan , will be great even if 50% achieved
I hope they win the Senate and Hose as well and remove filibuster rule , then only all this will be possible
Have they mentioned LIFO to be changed back to FIFO or not
There has been no discussion about that, and I highly doubt they will change back to FIFO. On the other hand, they make lots of random decisions, and so you never know. Take care, Jason
Hi,Jason
I applied for advance parole While waiting for my asylum decision. The advance parole has been granted,however my I was referred to the court.
Can I still use my advance parole?
I am really confused about this situation.
Hi,Jason
I applied for advance parole While waiting for my asylum decision. The advance parole has been granted,however my I was referred to the court.
Can I still use my advance parole?
I am really confused about this situation.
ELTON, DO NOT leave if U.S. if you are in removal proceeding. According to Immigration Equality, “An applicant who is in removal proceedings should never travel outside the United States until they are granted legal status and permission to travel abroad. This is true even if the applicant receives advance parole. If an applicant leaves the United States while they are in removal proceedings, they are said to “self-deport” and they will likely not be allowed to return to the U.S. Even after the conclusion of removal proceedings, depending on the Immigration Judge’s decision, an applicant may not be eligible to travel abroad”.
As well, USCIS says, “If you depart the United States after accruing certain periods of unlawful presence in the United States (time spent in the United States illegally) you may be barred from admission for either three years or ten years, depending on the amount of unlawful presence an individual has accrued. Any departure from the United States may trigger this ground of inadmissibility, even if you have obtained an advance parole document.
If you have accrued more than 180 days, but less than 1 year, of unlawful presence and who voluntarily depart the United States before the start of removal proceedings are inadmissible if you seek admission within 3 years of the date of their departure. If you have accrued 1 year or more of unlawful presence and you depart the United States, whether or not removal proceedings have started, you are inadmissible if you seek admission within 10 years of the date of departure.”
I have not looked at it lately, but I think the 3/10 year bar is not triggered by AP. This changed occurred a few years ago. Of course, for anyone traveling, they should double check, as these regulations are constantly changing. Take care, Jason
Some people do get away with using AP while they have a court case, but that is technically not allowed and if you leave while you have a pending court case, it is definitely possible that you will not be able to return. When you leave, you basically deport yourself, and so AP would not help you get back to the US. Also, even if you do return, once the court learns about that, it could cause you to lose your case. And so leaving with AP is very risky when you have a court case pending (there are exceptions, such as for people with TPS, but that is another story). Take care, Jason
Hello Jason,
First I would like to thank you for your platform, I couldn’t have made this far without your helpful articles!
I hope you can help me with this, I have a pending asylum for over 4+ years and a pending marriage I-130/I-485 for 1 year now. I have recently received my travel parole I-131 and would like to know that if traveling abroad (Europe, not my home country) would jeopardize my asylum application? If yes, dropping my asylum application would be a reason to rise issues on my marriage residency process/interview?
Thank you so much!
As long as your Advance Parole is valid, there should be no issue returning from travel abroad, and if you do not go to your home country, there should be no effect on the asylum case. I usually recommend to my clients that they keep the asylum case going until they get the GC, and then they can close the asylum case. Take care, Jason
Has anyone applied for EAD renewal based on pending asylum at Potomac service center? If yes, please share timelines. I applied for EAD renewal exactly 4 months ago on May 4th and still waiting to receive it. Uscis was so quick to cash my check within a week of receiving my renewal application. It’s so frustrating! Even though I received uscis receipt which extends EAD by 6 months, but employers don’t understand this and always ask for EAD card!!
Hi RC,
I applied at Texas service center for my child on May 3rd. Until now, nothing!
Hi!
We got our renewals at Potomac service center: October 2019 application received by USCIS, March 2020 card delivered to the mailbox. 5 months and 2 weeks. It can take up to 6 months. Don’t worry, if your check was cashed, your papers are in the works!
Good luck!
It should really not be that hard for the employer to understand the automatic extension – the USCIS website explains it here: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension. In addition, they have now extended certain EADs beyond the 6 months period: https://www.natlawreview.com/article/department-homeland-security-expands-flexibility-i-9-forms-during-pandemic. Take care, Jason
Hello Jason,
My asylum case was approved in 2018 and I applied for green card in 2019 August.
My EAD is already expired in July. DO I need to renew my EAD?
I read articles – it says if the case is approved, no need to renew the EAD
Thank you for your answer
You do not need an EAD if you have asylum, and you are still eligible to work. Many employers and DMVs do not know this, and so it is more convenient to have the EAD; otherwise, you will need to educate the employer or DMV about the law. Take care, Jason
can the beneficiary call uscis 800-375-5283 number?
Hello Jason,
Talking about expedited requests,do you think USCIS is obliged to respond to all expedited requests? I submitted one over two years now but they never responded. What would you do in a situation like this?
Thank you for your time
I did 3 expedite requests and they never responded to any of them.
They do not always respond. You can try again, and maybe note (politely) that you previously filed an expedite request, but you did not receive a response. We file expedite requests by email – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason! because my asylum case pending in Arlington office since September 2019 and AO denied my expedite application twice. I would like to send them expedite email with same reason one per day and get them attention. Do you think this will work or not? That is only way I can think of right now. Please advise.
My instinct is that this is a bad idea, but how they will react to it, I do not know. I am sure you are not the only person to try that. I very much doubt it will help, but I have never tried that and so I do not know. Take care, Jason
Thank you so much for your reply
Try to request for short list
Jason,
I submitted four expedite requests for i730 petition and all got rejected. Does it have the side effect that my case is sent to the bottom of the pile? So a rejected expedite request will do more harm than good ?
Thanks Sambod
hi sambod
I just expedited 2 weeks ago . how long they took to reply you back ?
my Case History
On August 24, 2020, your request to have your case expedited, referral number T1B…………FR, was completed.
08/24/2020
On August 24, 2020, we sent a response to your request to have your case expedited, referral number T1B……………..SFR.
08/24/2020
On August 24, 2020, your request to have your case expedited, referral number T1B……….SFR, was assigned to an officer for response.
after that no response please if can share some time line ?
thanks
RP,
I got the reply in about a month.
Thanks
A rejected expedite request should have no effect. I did a blog post in December 2019 with links to a manual about I-730 forms. Maybe if you check that manual, it will give you some ideas about expediting (though I am not sure, as I have not looked at it recently). Take care, Jason
hi Jason
we expedited petition i730 through congress and cis both the last update I got on my online case status history was
1 .on 8/24/20020 your request to have your case expedited, referral number T1B……………………SFR was completed.
after that, we did not get any update. it’s already 2 weeks since we initiate the expedite request
It’s hard to know when they will complete the work. You can try to call them and see if that helps: 800-375-5283. Good luck, Jason
hi Jason Thanks for reply
can the beneficiary call uscis 800-375-5283 number?
I do not know that they would talk to the beneficiary unless the petitioner is also present for the call. It is the petitioner’s case, not the beneficiary’s. Anyway, you can try and see what happens. Take care, Jason
Asylees I need you help : who has applied for green card and been processed quickly in nebraska ? Who is still stuck is Texas ? Please answer with your states . I am trying to see the disparities between states and processing centers . Please if you can provide timeline MERCI !
Texas service center is a nightmare. Avoid it if you can. Don’t know what is going on there but I’d bet you it’s politicized.
How can I avoid it ? Help
For what it’s worth, you can also check the processing time for the different service centers at http://www.uscis.gov. Take care, Jason
Dear Jason, thank you for taking the time to support our community.
Finally, here it comes the time for me to apply for Citizenship in the US after a long journey of 8 years. My N-400 early filing date was in July; i gothered everything and sent it to the USCIS, recieved a letter by late july saying that they got my application. Everything seemed to be in right path however, it is now Sep 3rd and i never recieved a Biometric appointment letter. Is this normal? Is it possible that my application is missing documents or was not propperly filled?
Many biometrics appointments are delayed, and in some cases, they are re-using the biometric data you previously gave them. In short, this delay is now very common and so I think as long as you have your receipt, you should be fine. Take care, Jason
After having my interview postponed twice due to COVID-19; tomorrow seems to be actually happening. Interview is in Bethpage, NY and I’m thrilled yet terrified. Wish me luck.
Best of luck OSC
Looks Yummmy, hum😎 Good luck Bidden/Harris😁
Good luck. If you have any time, I wrote an article about interview that might be helpful – on September 8, 2016. Good luck, Jason
Dear Jason,
A few months ago, USCIS denied my case but did not refer my case to the court. However, I informed the USCIS that my non-immigrant is ended long time ago. However, instead of referring me to the court, they asked me to file “motion to reopen and reconsider”. Per USCIS’s recommendation, I filed the motion to reopen and reconsider a few months. However, since then I did not hear from them. My work authorization and driving license is expiring in a few weeks. Can I apply for renewal of work authorization considering uscis did not refer my case to the court, and asked me to apply for motion to reopen and reconsider? Thank you for your cooperation.
If the case was denied and has not yet been reopened, I do not see how you can apply for a new EAD. Maybe email the asylum office to ask about the status of the case and whether they reopened it. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
I am a federal employee, and there is almost always agency pain in presidential transitions.
Even if “your guy” wins, getting new leadership in the door and caught up to speed, and then watching them try to implement a new agenda, is anything but seamless. And by the time stuff starts to happen, two years has passed and the mid-term elections arrive.
In the immigration world, even winners are losers when they have to wait years for the relief they seek. It is truly an awful system, and getting a good lawyer and focusing on inner peace are most important.
Hi M,Thank you for the kind words.
Pursuing inner peace sounds like a plan, but how do you pursue inner peace when not only your life, but that of young children are filled with uncertainty?
You pay to work( EAD), and afraid to loose your job everyday because you might become homeless before your ead is renewed.
You hear young kids with great aspirations, but you know in your heart that even with the great GPA, and efforts, you cannot afford the college they are aspiring for, because it will be out of state tuition.
How do you find inner peace when you face subtle discrimination at work, but because of your status, you know and feel privileged to even have a job, so you see yourself as inferior to everyone.
When your future and that of your children are uncertain, because you believed you were doing the right thing, and took a bold step, it is hard to find inner peace.
One would think that therapy, and medications would be helpful. Yes, to an extent, but without closure, you are sitting on a “rocking chair” of depression.
Don’t get me wrong, some of us are thankful to be alive, but sometimes you want to close your eyes, and never wake up.
But again, thank you for the contribution.
I guess I have become the chief sob story in chief on this platform.
I have no other way to vent, so forgive me guys.
Sob story teller in chief*
Tina,
First let me say that everything that you are sharing resonates 1000% with the rest of us who are in the same situation as you and I agree with you completely…… Your situation resonates completely with my situation and with every other Asylum seeker’s situation who have been waiting for so many years just to get an interview…..Yes we are glad to be here in USA to feel safe and secure but our lives are still completely ruined. We can not continue living our lives or plan anything….keep facing discrimination at workplace due to our temporary and unreliable status…..have no permanent status to plan our children’s lives,…..can’t buy houses so have to keep paying high rents…………our lives are in complete and cruel limbo and Trump has made it worst….
If Trump and Stephen Miller(AKA devil’s spawn, AKA NAZI, Racist, hateful Asshole) get a 2nd term only GOD knows what they will do to us further…..
Thank you John for your response.
If you are able to take the risk like me ,and buy a house, yes you can.
There are some banks that finance mortgages based on our status, and treat the financing exactly the same as everyone else, from my personal experience.
Let me know if you have any question(s) regarding home purchase, if you decide to explore buying one.
One good resource is NACA. They offer very low interest rate, and keep the closing cost at next to nothing- no down payment.
They however put you through a rigorous long process, which is usually worth it in the end.
If you may be buying in 6 months to a year, you want to research NACA, and begin the process.
I did not use them because they are super strict on DTI. I needed a bit of flexibility on DTI
Well said, but I would rather have Biden reversing many of these bad (and sometimes unlawful) policies than have Trump implementing more of them. Take care, Jason
Hey Tina
Can you please give me info buy a house I want to buy a house i have pending asylum. Thank you
Hi Khan,
Sure, but just keep in mind that I am not a mortgage expert.
Based on my research, and personal experience, the following are steps I believe will make you attractive to lenders that may be willing to take a chance on C8 EAD.
1. A strong credit profile
2. Exceptional credit management/payment history
3.Financial literacy, and planning
4. Credit history and mix, etc.
5. Reasonable amount of savings to show readiness for home ownership, and to cover down-payment, and closing costs.(You may be able to find a seller that may be willing to pay your closing cost, my seller paid mine). The bank still needs to see that you have enough to cover all associated cost, regardless of your seller’s willingness to pay your closing cost.
6. Work history
7.Do some research.
If you have already taken care of the above, just approach the banks, and see who is willing to take a chance on you. Do not be afraid. It will either be yes or no, and trust me, if your credit profile is good, you will get a yes on either a conventional, or FHA loan very quickly. Mine was conventional.
Now, for a not so strong credit profile, I will recommend that you research NACA Mortgage.
It is a “not for profit” organization that helps with affordable mortgage.
They do not care so much about your credit score, but measure you by other means like, consistent rent payment, how financially responsible you are/have been, work history etc.
I guess they recognize that life happens sometimes, and throw us into bad financial situations.
I highly recommend that you look into the “non profit”, NACA Mortgage, regardless of your credit and financial profile. It is a long rigorous process, but might be worth it in the end. They are very strict on Debt to Income Ratio(DTI), I must tell you.
NOTE: I am not a professional, and not giving any professional advise. Do your research, contact the banks/organizations directly for professional guidance, and best of luck.
Nice legal disclaimer – maybe you should be a lawyer. Take care, Jason
Thank you Tina
I have Good credit and own a restaurant.but anytime i look into something like that. all they ask is a Green card thats my reason i think they will deny me loan and i am not an expert in buying house i have no idea how it works, what closing etc.
But thank you so much
@Tina
I have Good credit and own a restaurant.but anytime i look into something like that. all they ask is a Green card thats my reason i think they will deny me loan and i am not an expert in buying house i have no idea how it works, what closing etc.
But thank you so much
Jason,
I wish I was one. I thought it was not too late when I came here, but now I know it is.
Khan,
When you start reaching out to the banks, and find one that is willing to give you mortgage, everything will make sense, including closing cost.
Closing cost is a fancy phrase for bank fees, including taxes, homeowner’s insurance, etc, that you pay when your loan is finally approved .
Dear Jason,
My green card application documents package was received by uscis center and the receipt was received in Aug. 07 and the . The medical examination report (I-693) was not included. When is suitable time for sending it to the uscis?
Do you think it is a good time to be sent now or I have to wait till I receive the notification regarding it from uscis?
What kind of documents should I send beside the medical examination report sealed envelope?
Note: Field office of my case is Houston,Tx and the processing time range for I485 is 9.5 to 32.5 months.
Thanks in advance for your reply and explanation.
Hi Jason,
I received a letter from Immigration office last week that they have referred our case to Immigration court scheduled for early next year. We seek asylum based on FGM for my daughter which was also done for me. My husband was the applicant while myself and my other 2 kids are under him before I had another child here in US. We submitted the application ourselves now we engaged the service of a lawyer that advised that she will have to file another application about my FGM case to the court not USICS while I will be the main applicant. I am having fears regarding the one year bar.
JASON, I need you advice on this.
Hey which office you had applied
Chicago
I am so sorry to hear, Seeker.
Of course I am not Jason, but literally live on this blog😏
I am just curious as to why your husband was the principal applicant.
Was he afraid of any harm or persecution for himself, or he is the principal applicant based on the fear that your daughter will be forced to go through FGM?
Asylee, I meant
He was the principal applicant based on the fact that my daughter will be subject to FGM.
If your husband’s case was not blocked by the one-year bar, you should be ok. That is because you were his dependent and therefore you meet an exception to the one year bar (exceptional circumstances). So hopefully, you will be fine. By the way, given that you were a victim of persecution (FGM) and now you face “other serious harm” in that your child could be circumcised, you might also have a claim for humanitarian asylum. I wrote about that on December 21, 2011. Take care, Jason
You can either send the medical exam when USCIS asks for it, or wait for the interview and bring it then. I would not submit it unless they ask, though that is probably possible (I just think they are more likely to lose it if you submit it at some random time, and it does not help you to do that). As for other documents, if they need more documents, they will send you a request for evidence. Take care, Jason
Thank you Jason for prompt response. What will now happen to the existing case?
The green card case? They should continue to process it and ask for the medical exam when they want it. If you have a pending asylum case, you can inform the Asylum Office once you have a green card and they can close that case (or, if you want asylum status so you can get a refugee travel document or for some other reason, you can continue the asylum case even when you have a GC). Take care, Jason
Hi Jason
I applied my green card application on June 2019 through asylee, however; I didn’t get any update until now. I tried to expedite but no luck. What is going on with the green card application please?
May I ask , what state did you apply from ?
Don’t lose hope, I applied in January of this year and just got a mail from USCIS saying my application has been approved. I wasn’t even called for an interview.So, You may get a response soon.
January 2020? Which office r u please?
ZEBERGA, when was your sdylum application, please?
They are slow – But as long as you have the receipt, it should be processing. You can check the processing time for the I-485 at http://www.uscis.gov. Take care, Jason
Thank you for your take Jason. As for the U Visa,my lawyer told me yesterday that we couldn’t check the status online but I just wanted to double check with you. Though the wait time is a lot but I now begin to count on my U Visa application rather than my asylum because waiting for a simple decision for 4 years if so frustrating and even wonder what I will feel even if I was granted asylum. I decided to forget about asylum because I doubt that it is a fair process for people like me
You can put your receipt number into the Check Case Status page at http://www.uscis.gov and see if it gives you any news, but I do not think you can get much info there. Take care, Jason
My receipt number is never recognized though it has been almost 2 years since I applied for U Visa
Hello Jasón how long are asylum based green card applications taking on average ? Thank you
It is very unpredictable. Maybe 1.5 to 2 years is a good guess (at least for most cases), but I think if you look at the processing times at http://www.uscis.gov, it will say 1 to 3 years. Take care, Jason
Dear Jason,
I applied for my EAD renewal on 23rd August and today my check is cashed from my account for 410 $ does it means that my application is accepted
Regards
Najeeb
You are one luck person. If your 180 days was the 25th, you would have been paying $495
Thank you Tina I was just wondering that weather they will accept it or not as I have the receipt dated 24th August
It should mean that it was accepted. If you get a copy of your check from the bank, you should see that USCIS stamped your receipt number on there. You can use that to check the case status at http://www.uscis.gov. Or you can just wait for the paper receipt. Take care, Jason
I don’t trust politicians as they all always promise things they never do. I came to the US during Obama but I was never granted asylum. It is obvious that Donald is the worse president that this country has ever had but taking Biden’s words for granted is also being too optimistic . Politicians in general are liars as they say one thing and do the opposite . I would want Biden to win but it is getting unlike . If we could forget about politicians, the solution should only come from USCIS that should learn to threat us like humans . I sometimes wonder whether people working for USCIS have hearts like many other people around the world. How could they put our lives in a limbo for so many years and don’t care at all? How can they grant asylum to someone who has just been in the US for 3 months but never care for those who have been here for almost ten years? That is inhuman………..
By the way Jason, is it true that U Visas cannot be checked on line like other applications? He folks , let us all remain strong and positive . Some days, God will answer our prayers despite this inhuman treatment
I have doubts that a Biden Administration could accomplish everything in his plan, especially if the Senate and/or House are Republican-controlled. To be fair, this plan is not his promise, but the goals he wants to accomplish. As I say, even if all he would do differently is follow the law and apply it fairly, he would be far better for non-citizens (and everyone) than President Trump. In terms of the U visa, I think you can check certain aspects of the process by entering your receipt number with USCIS or signing up for automatic updates (at http://www.uscis.gov), but I do think there are more restrictions on information than most other types of visas. Take care, Jason
Why do the motherfuc&krs workers at USCIS piece of s@@@ take forever to process cases ? When they take your money . Maybe they deserve to be furloughed . It’s ridiculous . Their wait times is years … for any stupid form
Some forms I can understand it more than others. For example, why it should it take any more than the push of a button to renew an EAD? I will say that the Trump Administration has made wait times worse by imposing all sorts of non-sensical additional requirements on the cases and constantly changing the rules. It is incredibly frustrating. Take care, Jason
lol
If you asked me literally 10 days ago, I would give Biden an edge. But now it seems that white racist America (ND, GA, SC, you name it) is finally waking up, and the Dems’ chances are becoming weaker every minute.
I am worried as well. That is why I wrote the post last week, encouraging people to volunteer if they have time. Take care, Jason
I have applied asylum 2016 in Arlington Va and move to Sacramento CA 2019. I did address change in April 2019.
– does my address change affect my EAD renewal which I have sent April 2020? I am worried if the new law affect old address change.
– I would like to submit additional information to my asylum application, does this also have impact for EAD renewal or interview schedule?
Thank you and i application your help.
1 – As long as you used your correct address for the EAD renewal, there should be no effect. Renewals are slower than ever these days, so you are probably just experiencing normal delay. 2 – This should also have no effect. In my experience, it is safer to save all new evidence until the interview is scheduled, and then submit it before the interview (in most offices, you have to submit it at least one week before the interview). This way, they are less likely to lose your new evidence, and you can submit all your new evidence at the same time (rather than submitting some evidence now and more later). Take care, Jason
Thanks, John
Honored Jason,
Thank you for taking the time to research and share this.
Although it may be true that Biden may attract more people seeking protection, I think Trump too is attracting asylum seekers by falsely claiming that people just read a written statement and get asylum. He has portrayed, and thus marketed, the US asylum system as that simple. Being a newsmaker and with his millions of social media followers, what he says reaches everywhere and some people believe its true. Causing an influx of applications, even from some who have been in US for many years. Yet Asylum is a rigorous process, with strict systems already in place to deter and detect frivolous claims. Absolutely no need for all these further hurdles he is putting in place.
At least this article suggest Biden will take a humanitarian approach in dealing with asylum, if he wins.
Now he is falsely claiming mail vote fraud. But it seems his actual worry is that Russia won’t be able to hack and manipulate mailed paper ballots.
I had not thought about the President’s statements about the ease of asylum possibly causing more people to come here. Maybe that is the case. Our country is going downhill pretty fast, and so maybe Mr. Trump’s plan is to make our country so undesirable that no more people want to immigrate here. Take care, Jason
Thank you Jason,
As per your analysis, the affirmative backlog cases will remain the same or even might get worse if Biden wins the election. By reversing the Trump’s immigration policies, more immigrants will be entering the country especially from the southern border which will require USCIS to deploy asylum officers at the border. In that case, do you think those with pending for affirmative asylum interviews will be better of if Trump gets re-elected?
I think it is unknown whether Biden can implement these policies, and even if he can, whether it will make much difference in terms of deployment of resources. However, it is possible that treating people more humanely, and according to our own laws, will cause more people to come here. There is a view within the Asylum Officer Corp that they can handle the numbers of people and still reduce the backlog if they are left to their jobs without political interference, and that may be the case. The number of Asylum Officers has increased significantly, and so if they can be left to do their jobs, there is a good chance they can handle arrivals at the border and reduce the backlog. Also, it seems to me that we can implement policies to make the Asylum Offices work better. All that said, if we have more arrivals, we will have more cases, and this could cause longer delay. On the other hand, the Trump Administration’s policies have been very hostile to non-citizens, and if he is re-elected, I suppose we can expect more of the same and worse. Given the overall situation that I observe (including the mess with the Immigration Courts, which the Trump Administration has made much worse), I think almost all non-citizens will be better off under Joe Biden, who will presumably follow the law and treat asylum seekers in a more humane manner. Take care, Jason
Thanks as always, Jason.
I am usually an optimist, but this administration has caused me to doubt everything, including the fact that I am human.
Against this backdrop, I have also grown quite pessimistic about a Biden victory.
I wish there was another way to resolve my immigration uncertainty before the next four years of the current administration.
Have you tried emailing your office ? Or sending letters ? Asking to expedite or put you on short list ? Are you pressing them every other week ? If you don’t do this you won’t get anything done honey and you will complain until you pass away . You need to make them call you that’s how I got mine . They’re never gonna call you unless you drive them crazy . Good luck and be aggressive
Thank you Lana.
My Attorney sent 2 expedite requests this year, and I sent one, no luck.
Waiting until I pass away sounds like another viable option.
Don’t give up Tina, Have courage and hope, I pray your case will be approved soon.
Thanks, John.
I am also concerned about whether Biden can win. It will depend on turnout, and there, the Left has a great ability to snatch defeat from the jaws of victory. We did that in 2000 by voting for Ralph Nader (Green Party) and in 2016 because we hated Hillary Clinton. Unfortunately, many people literally do not have the ability to survive another term of Trump. Hopefully, people will do all they can to see Biden succeed, and then do all they can to make him implement policies that they support. Take care, Jason
Thanks for this information Jason.