A whistleblower named Brian Murphy recently got attention for his claim that DHS officials ordered him to stop investigating Russian interference in the 2020 election. Until he was demoted a few months ago, Mr. Murphy ran the DHS Office of Intelligence and Analysis (“DHS I&A”).
In the same complaint, Mr. Murphy also alleges that Acting USCIS Director Ken Cuccinelli ordered him to alter intelligence reports to downplay violence and corruption in Central America. These reports are used to evaluate asylum claims and by downplaying the violence, it would be more difficult for asylum seekers to win their cases. From page 9 of the complaint–
In December 2019, Mr. Murphy attended a meeting with Messrs. Cuccinelli and Glawe to discuss intelligence reports regarding conditions in Guatemala, Honduras, and El Salvador. The intelligence reports were designed to help asylum officers render better determinations regarding their legal standards. Mr. Murphy’s team at DHS I&A completed the intelligence reports and he presented them to Mr. Cuccinelli in the meeting. Mr. Murphy defended the work in the reports, but Mr. Cuccinelli stated he wanted changes to the information outlining high levels of corruption, violence, and poor economic conditions in the three respective countries. Mr. Cuccinelli expressed frustration with the intelligence reports, and he accused unknown “deep state intelligence analysts” of compiling the intelligence information to undermine President Donald J. Trump’s (“President Trump”) policy objectives with respect to asylum. Notwithstanding Mr. Murphy’s response that the intelligence reports’ assessments were consistent with past assessments made for several years, Mr. Cuccinelli ordered Messrs. Murphy and Glawe to identify the names of the “deep state” individuals who compiled the intelligence reports and to either fire or reassign them immediately.
Mr. Murphy refused to comply with this order, which he deemed illegal. What to make of this?
The first question is whether Mr. Murphy’s claims can be trusted. Here, there may be some reasons for doubt: Mr. Murphy has himself been accused of altering intelligence reports to better align with the Administration’s agenda, and he has also been accused of compiling intelligence reports on journalists at the Portland, Oregon protests (allegations he denies). After this information became public, Mr. Murphy was demoted, and so there is some speculation that perhaps his whistleblower complaint was made in retaliation for the demotion. On the other hand, Mr. Murphy apparently raised many of the issues listed in the complaint well before his demotion. Also, given that the allegations raised in the complaint are largely knowable (since others beside Mr. Murphy witnessed the events in the complaint and can confirm or deny their veracity), it seems unlikely that Mr. Murphy would simply make this stuff up. But of course, I do not know for sure.
Mr. Murphy’s credibility aside, this would not be the first instance of the Trump Administration altering country condition reports to better serve its agenda. In 2018, the State Department issued reports for El Salvador, Guatemala, and Honduras that left out significant derogatory information about those countries. The bowdlerization of those reports was no secret–all you have to do is compare the previous year’s reports to the newer reports to see what has been removed. And so there is clear precedent for what Mr. Murphy is alleging.
All things considered, my sense is that Mr. Murphy’s allegations are probably accurate. If so, what then do we make of Mr. Cuccinelli, the Acting Director of USCIS?
Here, there are two points I want to discuss. First is Mr. Cuccinelli’s desire to alter the reports in order to downplay the “corruption, violence, and poor economic conditions” in the three countries. Since asylum adjudicators rely on these reports to reach their decisions, making the countries seem less bad will potentially make it harder to win asylum. I say “potentially” because there are plenty of other sources of information that give an accurate picture of country conditions in the Northern Triangle. And so if the asylum applicant submits evidence about country conditions or if the adjudicator has such evidence, white-washing the DHS reports may not make much difference in the decision.
But there is a more concerning element to Mr. Cuccinelli’s request vis-a-vis these countries: Either he really believes that the DHS intelligence analysts are lying, or he (Mr. Cuccinelli) wants the U.S. government to lie in order to better achieve the Administration’s goal of denying more asylum cases. Neither possibility is comforting.
If we rely on Mr. Murphy’s account, it seems that Mr. Cuccinelli actually thinks that “deep state intelligence analysts” are somehow undermining Mr. Trump’s asylum agenda. Given that there are many sources for information about the Northern Triangle, including newspapers, human rights reports, and previous years’ intelligence assessments, and all seem to confirm the dire situation in Central America, it is hard to believe that a rational person would find anything nefarious about the picture painted by the DHS I&A reports. Does Mr. Cuccinelli believe that all the various sources are part of the “deep state”? It’s strange, since Mr. Cuccinelli is a lawyer and should know how to evaluate evidence. If Mr. Cuccinelli really believes that a group of deep state agents is sabotaging the country reports, it seems to me that he is living in an alternate reality, and that his confirmation bias is so overpowering that he can’t accept the real world for what it is. I suppose this is a possibility, as he also denies the existence of man-made climate change, which requires a certain level of detachment from reality.
The other possible explanation is that Mr. Cuccinelli knows that the situation in the Northern Triangle is bad, but that he is simply lying in order to make it more difficult for applicants from those countries to obtain asylum. In other words, that the “means” of lying and returning migrants to face persecution is justified by the “ends” of keeping asylum seekers out of our country.
Unfortunately, the situation described in Mr. Murphy’s whistleblower complaint is emblematic of the Trump Administration, which has repeatedly used falsehoods to justify its policies. Whether it engages in those falsehoods knowing them to be false, or believing them to be true, probably doesn’t much matter. Either way, they are doing great harm to our democracy and to many of our nation’s most vulnerable people.
HELP requested from fellow asylum applicant:
I sent in I-589 in Jan 2017 to the Chicago office, and later moved to the Arlington office jurisdiction. Does anyone else have the approximately same time line? Is your case being scheduled for interview?
I sent in multiple inquiry to the Arlington office but they never got back to me. It is getting frustrating.
Thank you all for reading all this!
Arlington is interviewing very few cases (supposedly, 8 per day). One of our 2016 cases was randomly pulled for interviews, and the officer indicated that other 2016 cases were also pulled for interviews. Why they are doing it this way, I have no idea. Take care, Jason
Hi Jason, do you know if Arlington office interviewing any 2015 cases?
They have – I think we had a couple recently that were filed in 2015 and 2016 that were scheduled for interviews. Why they were randomly plucked from the backlog to interview, I do not know. Take care, Jason
Hello,
Wondering if anyone here who might have had their interview date automatically cancelled due to Covid closure has had their interview rescheduled? My case is with the Chicago asylum office and there has been no update yet so just looking to hear if anyone else has had a different experience? Thanks
We have had a lot of court cases rescheduled (often for 6 months to a few years in the future, but I don’t think we have had any USCIS or asylum office cases postponed due to the pandemic – they just never got scheduled for an interview in the first place. We are seeing some cases going forward these days – in the past few weeks, we have had a couple naturalization interviews and one asylum interview. Take care, Jason
Hi Jason,
Thanks very much for being there to give a answer to all the questions, I have a question I have to appear before the court sooner and I wanted to change my home address so I want to know if it will affect my date of appearance before the juge or not.
Thanks
It would not necessarily affect the court date. If you are moving to another jurisdiction, the court may move your case, so that your judge is closer to your house. That does not always happen, but it can. You can also ask to move the case if you want. If you move to a new place that is nearby, it probably will be in the same jurisdiction, and that would have no effect on your case. Take care, Jason
Are we (granted asylum) required to file I-693 (medical examination) at the time of I-485? Does it take time? Can I submit it later to avoid delays? What is the best practice on this?
You can submit it when you file the I-485 or later, when USCIS asks for it. We tend to submit it later for most cases, but I think it does not make much difference. Take care, Jason
Hello,
I am prepping to apply for I-485 and wondering what could be the possible reasons to deny I-485? I tried to read the “Grounds of Inadmissibility” but they were a bit complicated. I am just wondering why USCIS would challenge us again. If I am granted asylum, the grounds of inadmissibility should have been tested and passed already, right? Are the “Grounds of Inadmissibility” different between I485 & I-589? My case remained stuck for several years in the asylum office before they finally approved it. I am not sure why. I am afraid that the same reasons of delaying the I-589 could cause extra delays or denial on I-485. Please advise?
I heard asylum interviewee no longer need to bring her own interpreter — is it true or just rumor?
It is true, but it depends on the language you are speaking. For most languages, the asylum office will now provide an interpreter by telephone. You can see the rule about this here: https://www.federalregister.gov/documents/2020/09/23/2020-21073/asylum-interview-interpreter-requirement-modification-due-to-covid-19. Take care, Jason
I did a blog post on November 13, 2017 that might be helpful. Otherwise, the main issue is to make the I-485 consistent with all past applications – did you lie to get a US visa? If so, mention that on the I-485. Were you a member of an organization? Were you ever arrested (even for a political issue)? If so, these should be mentioned on the I-485. In most cases, principal asylees do not get interviewed for the GC, but if there are inconsistencies, they can come up later, when you apply for citizenship, for example. Take care, Jason
Thank you very much Jason and Jamie,
I came to the US using H4 visa, But I didn’t work at all because I discovered that I was pregnant in my third week when I arrived. I had to cancel the work as I had a bad experience earlier during my first pregnancy, so I thought that I could have the same complications during the second pregnancy and decided to quit the work. I, therefore, applied to asylum because I was afraid to get back home.
Can they assume that I lied to come to the US (because I didn’t work)? Should I mention the reason for quitting the job and all details in the I-485? If yes, which part of the application is where I should mention that?
Do you have any criminal records, used false documents to enter USA, lied to immigration officer or CBP, associated with organizations that have terror links etc? INA 212 defines inadmissible aliens. However sometimes if your record is iffy, you may need to get your FOIA reviewed by an attorney.
https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim
W,
I don’t have any criminal record. I didn’t lie, and everything in my case is true 100%. The only issue that I came to the US using H4 VISA and didn’t work at all for the reason specified above (pregnancy complications). I heard that they would not like that. Since I didn’t work at all, this can cause trouble. Is this correct? If yes, should I explain to them in advance what happened or I should wait for them to ask? If I have to explain in advance, where/how in the I-485 can I explain this?
I would explain in advance, as I mentioned in the prior comment. Do not wait for them to ask. Take care, Jason
H4 visa is a dependent visa for H1B. I’m not sure you are even allowed to work on that visa. Anyway that’s not a inadmissibility. Not working is not a bar to any immigration benefit but working without authorization could be. However working without authorization is waived for both asylum and marriage based cases. From what you are telling me, you do not need a waiver form. You can just file the I-485 and if they send you RFE or bring up any inadmissibility you can file the I-602 later as well. It’s common to file I-602 later in the case in case USCIS requests it, but I doubt it’s applicable for you based on your own description. Good luck
Sorry,
I mixed up things. I came to the US using H1B visa and didn’t work at all because of pregnancy. My spouse came using H4. Thanks for your feedback W.
This does not change anything I said – I think you should explain in the I-485 application somewhere about what happened, which will protect you from an accusation of hiding anything, and I do not see how this will cause you problems. I also think it is very unlikely USCIS will want you to file a waiver. Take care, Jason
USCIS might assume that you lied based on the timing. It sounds like you did not lie, and so you should not say that you did (and presumably, you explained this at the asylum interview). There is a question on the I-485 where they ask about misrepresentations. You might reference that question and then in the cover letter or supplement page, explain what happened and provide some evidence. I doubt that USCIS would require a waiver in your case, but if you explain now, and they want a waiver, you can apply for one (it is based on INA 209(c), which is a fairly easy waiver to get, especially where the problem is so minor). Again, I doubt you will need a waiver, but by telling them what happened in the I-485 application, you protect yourself from any accusation of trying to hide what happened. Take care, Jason
Jason, I agree.
Mea, aside from committing serious crimes, such as crimes involving moral turpitude, inside or outside of the U.S., the bars to asylum can be significantly different from the bars to adjust status to Lawful Permanent Resident (“LPR”). In fact, you can be granted asylum even though you have a prima facie, or otherwise, case of fraud or misrepresentation. An example of this is lying to secure a visa to come to the U.S. so as to escape persecution. In an “regular” adjustment case, the applicant would have been deemed inadmissible, unless a waiver is granted. In fact, if the foregoing- fraudulently obtaining a travel document, for example- is the case, the asylee would need to submit a waiver with his/her I-485 application.You can also be granted asylum, and later adjust your status, even if you come to the U.S without being detected. On the contrary, you’d never be able to adjust status otherwise. There are many other examples where an applicant would be barred from adjusting his/her status had it not been for the asylee status or some other exemptions. Furthermore, the applicant may have committed a crime, or some other infraction, after s/he was granted asylum, that would make him/her ineligible for adjustment of status. To put it another way, an asylum grant does NOT mean you are qualified for adjustment of status as the bars for asylum and adjustment of status are not exactly the same (though there are overlapping principles and requirements). As well, the asylee may have committed a crime after the grant of asylum. Besides, asylum bars and adjustment bars are found at separate places in the INA and should never be conflated.
Hi Mea
I’m not sure what kind of inadmissibility issues you have but if you have been granted asylum and want to adjust status based on the asylum claim, you are qualified to seek a waiver of inadmissibility under section 209C of the INA. The form you may need to file is a I- 602 waiver. The waiver for Asylee adjustment is quite generous and can wave a lot of it inadmissibility issues including false claims of US citizenship which is otherwise a huge challenge. The waiver also does not need you to show any hardship unlike I-601. However, if you do have inadmissibility issues, I should strongly recommend that you get your case reviewed by an attorney and have them prepare the waiver for you. I’m not sure, but perhaps Jason’s office could help as well
Thank you very much W,
How can I know that I have inadmissibility issues? Only by guessing? I heard nothing from the asylum office. They just put my case on hold for several years and asked me for multiple interviews. Then they approved me. I have a couple of inadmissibility reasons in mind, but I am not sure if they are true. Again the question, how the process works in such cases? People just guess and file for a waiver in advance, or they should hear first from the USCIS that they have inadmissibility first then file for a waiver?
If you think you have issues that require a waiver, you should probably talk to a lawyer – at least you can go through the details of your case and the lawyer can evaluate if there might be a problem. USCIS is not trying to trick you in these cases, and based on what you said before, I do not see anything to worry about. However, maybe you did not state everything, and it never hurts to double check with a lawyer about the specifics of your case. Take care, Jason
Hello Jason, I did my medical exam but got during the time when quarantine started to get more of a state of emergency so I ended up not sending off my GC application(with the med report) until 2 months after the date of receiving my medical report. But then I later learned that the medical has to be sent off within 60 days after the civil surgeon signs. It was 62 or 63 days after my application was recieved & pending with the USCIS. Do you think I will be required to submit a new one because of that? Thanks in Advance.
Yes, you must submit a new medical if it’s more than 60 days since the doctor signed. Jason can confirm.
Everything is so arbitrary these days, there is no way to know. If you have to, you can return to the same doctor, and hopefully, they can re-issue the report for a lower fee. Also, if USCIS needs a new report, it should only cause minimal delay. So even in the worst case, I think it should not be much of a problem. Take care, Jason
Hello!
I recently (before august 25 and new rules) applied for EAD renewal and when I checked the status on the USCIS website I saw the following message: “Case Was Updated To Show Fingerprints Were Taken | As of September 8, 2020, fingerprints relating to your Form I-765, Application for Employment Authorization, Receipt Number LINXXXXX, have been applied to your case. ” Is it normal? Do I have to do something?
Thank you!
It means that they used your previously submitted finger prints, you don’t need to do anything.
I am not sure this has any meaning. It may be that USCIS is just re-using fingerprints that you already gave them. Take care, Jason
Dear Jasón what are the steps for me to renounce my US citizenship ? I no longer want to be a US citizen . I want to move
Hi Paola
I’m not Jason and he will respond. But here are the instructions https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Renunciation-US-Nationality-Abroad.html
You do not have to renounce your citizenship even if you decide to live abroad forever. The few people that do it, do so only for tax reasons as they are high net worth individuals and US taxes their citizens even on income earned abroad. That being said, The decision to renounce US citizenship should not be taken hastily. I suggest that You move abroad and stay there for a few years, see how you like it and settle down before making this decision on this critical issue.
Please also ask if you can transfer it to someone else that needs it.
I will be happy to take it🤣🤣🤣🤣.
Different strokes, for different folks!
There were some interesting (though only theoretical) ideas about US citizens selling their citizenship. It could be a real money maker for people who don’t want to live here any longer. Take care, Jason
😊
I hear you. It looks like someone posted a link. I would say that renouncing citizenship is usually not worthwhile, as it is difficult to get back, and you can just set your US passport aside and not use it. Then, at least if you ever need it, you can still get it. It seems to me the most common reason to renounce is for tax purposes or for certain jobs in foreign countries. Anyway, it can be done if need be. Take care, Jason
Lol
Hi Jason
I got my asylum approved
Recently
Planning to apply for unrestricted SSN
I HAHE FEW QUESTIONS? I would appreciate if you can answer each of it
1- my current EAD which is going to expire on june 2021 based of my pending asylum ( since now i have my asylum granted) will they sent a new EAD card despite i have my current still valid?
2- SOCIAL SECURITY office dont accept walk in service in order to apply for unrestricted ssn number they asked me to sent the New original EAD a- 5 category which i dont have or they asked me to sent original my asylum approval letter with i-94 but i dont want to mail my original documents incase if its lost dotn wanna take the risk!! They said if you dont want to mail than wait until we are open than you come in person and do it and your current SSN is still good?
My question is what if i wait to apply for unrestricted ssn later once they are open would that affect my asylee status??
Do i really need A new EAD incase if they don’t sent a new one??? I have heard once asylum is granted EAD IS NOT required!!!!
1 – If the case was approved at the asylum office, they should automatically send a new EAD. If you won asylum in court, you have to Google “post order instructions in immigration court” and follows those to get the I-94, and apply for the EAD using form I-765, available at http://www.uscis.gov. 2 – I do not know about the procedures at the SS office, but I do not see any problem in waiting to get the unrestricted card. The only difference is that the restricted SS card requires you to also show other evidence of work eligibility, which you should have soon (the a-5 EAD). 3 – You are eligible to work without an EAD once you win asylum, but many employers and DMVs do not know the rules, and so it is a lot easier to have the EAD card. Take care, Jason
Congratulations Eli. My case is pending in the same office more than 5 years now. I applied in 2015 got interviewed 2018 . It more than 2 years no decision. Anytime I enquire am told my case is pending final decision. What advice can you give me? Any help
Hey scot i totally understand you at this certain point i would push them thru ombudsman office that’s what i did to be honest every 60 days ombudsman office inquired on my behalf
So as senator and congress man either!
If u cant wait more than that consider Mandamus even i was almost hired a lawyer to file a mandamus
We did a post about mandamus cases on October 2, 2018 – maybe that would be of interest. Take care, Jason
Getting help from congressman who is Republican, I feel little bit scary as my congressman on his website is not in favor of refugees or asylum favoring rules or proposals.
It’s strange, but in my experience, even the most anti-immigrant Congress people are often willing to help with the immigration process. It may be worth a try. Plus, keep in mind that if you don’t feel comfortable with the Congress person, you can try a Senator. Take care, Jason
Hi Jason,
1. What is the advantage and disadvantage to waive the asylum interview ?.
2, “……….In removal proceedings, you will have the chance to renew your asylum application and testify in immigration court before a judge….”, whats the meaning to “renew asylum application” as stated above ? Submit a new one with new data and correction on the application form if any ?, or we have to submit the same application as the previous/initial one ?
Thank you in advance and God bless you.
1 – Some people file asylum for the sole purpose of going to court to apply for Cancellation of Removal. If you have a fear of return to your country, I see not good reason to waive the asylum interview. 2 – This just means that you can apply for asylum with the Immigration Judge, if your case goes to court. Normally, the same I-589 is transferred from the asylum office to court. Take care, Jason
Thanks for the reply Jason,
If We receive notice to waive the interview and sign nothing, is it possible we can get interview schedule sooner than other applicant ?
If you do not agree to waive the interview, I am not sure that they will schedule the interview sooner. We have received such notices and done nothing (since we want the interview), and have not received interview notices, and it has been maybe 3 to 6 months, so I do not expect to get the interview notices any time soon. You can always email the asylum office to inquire – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason, I’ve an approved asylum more than an year ago and have filed for GC a few months just for myself.
My case, among other things involved DV/ religious persecution by my soon to be ex-husband (divorce pending) who was in this country at the time of my asylum grant but not at the time I filed for GC. My question is, although I didn’t include him in either of the applications for obvious reasons, am I obligated to/ is he entitled to any immigration status from my side? Thanks.
NO, except you want to be magnanimous.
My opinion, so please wait for Jason’s response.
I am responding from an emotional POV, because I feel he does not deserve it.
He would not be entitled to any status. If you wanted to, you could file an I-730 petition for him, as long as you were legally married when the case was approved. Of course, if you did that, it may raise questions about your original asylum case and it sounds like that is not something you would want to do. Without your involvement, he would not be eligible to get any status based on your asylum grant. Take care, Jason
Hello Jason,
I’ve got a pending asylum case since 2015. No interview yet.
My younger sister has married to a US citizen man a few years ago. She’s about to apply for the US citizenship by summer 2021. After she gets her US citizenship, can she petition me as a sibling? As I’ve been living in the USA for more than 5 years -based on pending asylum- will I have to wait long time to get a green card through my sister? Thank you.
Unfortunately, a sibling application takes years – about 14 years or so. You can see that if you Google “DOS visa bulletin” and look at category F4. Also, if would probably require you to leave the US to get a GC, which may or may not be possible. In short, it’s not a very realistic path to get a GC. Take care, Jason
ELII , congratulations on your approval. Thanks for sharing this with us, it really brings hope for us waiting for interview. I am waiting for my interview call from Sept 2015. Requested to expedite but they denied. We can request to expedite only on basis of some grounds like serious health condition, separation from family and other. I requested to expedite as my health is not good and getting worst. Would you please let me know how you expedited your case each time and what was wait time after each request? I will appreciate your reply. Thanks
Hey ron
I expedited none of them worked it was based of my health condition
So they randomly asked me for interview not based on expedition.
Everytime I requested to expedited they rejected…
I dont know they randomly asked me for interviews and even decision was painful too but they sent d decision after a year i didn’t do anything about decision other than inquiry thru congress and senator and ombudsman office
Hello Jason,
My case is in court till 2023. I am qualified under the Canadian self employed by investing in cash to the economy
Please what is the barrier that May affect on each side USA and Canada
Thanks
If you plan to move to Canada, you need to talk to a lawyer there to see how your case in the US may effect your case in Canada. From the US side, you may want to ask the court for Voluntary Departure, which would allow you to leave the US without a deportation order (so it is easier to return one day). You would have to coordinate the exit from the US with the entry into Canada, as a Voluntary Departure order only gives you a limited time to leave (usually a few months). A lawyer can help with that, but here, it seems more important to have a lawyer in Canada to get into that country. Take care, Jason
Hi Jason or anyone
I called Social security office to apply for unrestricted social security card based on my asylum- although i have my I-94 and asylum approval but the agent told me that you should a card i dont know what card she was talking she was very rude to explain over the phone although i told her that i have my asylum approval notice And i-94 i dont have other thing to sent you but she said we will not accept i-94 you should get a card “””i dont know what card she was talking about “” does anyone know please “”” she said it has my picture on it””””
You only go with your stamped i94 and you could take a copy of your approval . Along with the old social . Take your ID if you have it . And it is the law . You can print it online . And show up and fill out the application and tell them you need an unrestricted social . IT IS THE LAW . You are entitled to it . Stop calling and go in person .
Maybe she means the new EAD? This really should not be difficult for them. You’d think they can just check your status with USCIS. Take care, Jason
Dear jason
Thank you for being there for us
I got my asylum approved yesterday Arlington
I have restrictions SSN how to change?
Do i have to go in person or i can do that online? Im not sure if they are working now?
My other question is i want to apply for refugees travel documents?? Is it for one year or two years? I would like to apply if its for two years ? N how much would be the fee for travel documents? And once applied what are the wait time to receive a refugee travel documents??
I think you can contact the SS office online to check – I do not think the process is too difficult. As for the RTD, it is valid for one year, and probably takes 5 to 7 months to get it. The fee was $220, but you have to check the form website – form I-131, available at http://www.uscis.gov – as fees keep changing, and they are scheduled to go up again on October 2, 2020. Take care, Jason
Hey Jojo,
In what kind of envelope was your approval notice sent to you?
Hi Jason and everyone for your concern and your advices.
First of all, I came to Italy because I waited 5 years For my interview ( i was one of the backlog case 2015) I lost my mom, my aunt and friends from my country but couldn’t go back. I sacrificed a lot! I worked hard and waited to be able to see my husband. Finally I am a granted February 2020- then I received my Rtd. I came to Italy because i just got married my husband was in Italy. (my husband is a italian citizen he got stuck with his E1 visa In Italy but he applied NIE ) He had some health conditions and doctor appointments in Italy. I called CBP many times asked them if I will be able to come back to US they said I can go back but my husband can not go back to US with me. Which was clear! But I am an asylee probably they consider me as a LPR! however, if I knew it I wouldn’t put myself in this position. I waited 5 years without traveling I would wait another year not a big deal. The point is I saw some people in Rome airport were able to take the flight with Green Card but not me! I called the US Rome Consulate and I called CBP. They told me to travel in 3rd country;
This is the message from CBP
“After further review, the conclusion is that you have two alternatives to return to the United States after having entered a restricted country affected with COVID-19 virus. First, A traveler who requests a waiver to the restrictions needs to contact the nearest U.S. embassy or consulate. If the traveler requests an exception to the restrictions for reasons of national interest to the U.S. infrastructure or an industry supporting the response to the pandemic and a U.S. embassy or consulate is not available, the request can be submitted to a Tier 2. Second, you will need to travel to a non-restricted country such as Canada or Mexico and attempt to enter the United States from either country with the documents that you have in your possession. Unfortunately, this is the only assistance that I can provide you and further assistance will have to come from the U.S. Embassy or Consulate.“
I had been checking Tier 2 but have no idea what it’s and don’t have time. I would like to back to my life in NY and apply my I-485 as soon as possible. I can’t spend time staying outside of Us. Also I am in Europe with spouse tourist visa.
In this case i started looking Mexico flights to stay there 14 days then try to enter US. Any advice?
What I know is I cannot give up I sacrificed a lot to get my status and they don’t care about me I got stuck here. They are sending me another country which is even not safe for me.
Thank you again and God bless you everyone
Leyla
Oh my goodness, Leyla.
I am so sorry to hear. Have you tried to contact an immigration attorney here in tbe USA to see if he/she can help?
2. Can you try and contact your congressman/ woman?
Maybe other people may have other suggestions.
I believe those of us that pray are praying for you too.
Please let us know when you come back in.
Contacting the Congressperson is also a good idea. Thank you, Jason
Hi Jason, How I can contact with my congress person? Any specific website or phone number?
Thank you for taking time to answer my questions. I truly appreciated!
There are links at right to the Senate and the House of Representatives. They will lead you to your Congressional representatives. Take care, Jason
Hi Leyla
So sorry to heard what happened to you, if I was you I will fly to Cabo, Mexico (closes to California) and they do not requires 14 days quarantine as now, then fly back to USA as soon as possible. I just got back from Cabo,Mexico for vacation.
Good luck
Hi Former,
From Rome to Mexico all the flights are stop by to US . Either NY , Florida or Atlanta. I called the airlines they told me we are not allowed to take that flight because of restrictions. There is any other countries non-restricted beside Turkey? Because it’s my own country can not go back there. Maybe Cyrocia or Albany is a better idea to go and stay 14 days. Let’s see! I am tired of being afraid about not be able to go back to US. Even though I have RTD 1 year valid which I waited for this 5 years.
Thank you very much again.
Hi again,
I think the best for you is to fly to Canada quarantine 14 days then fly back to USA as soon as possible. I was an asylee then Permanent Resident and finally became an American citizen this year, whole time took me 19 years finally became US Citizen.
You were so brave and I understood why you did , I did not traveled outside of USA before became US Citizen , I was too worried/afraid any possible bad scenario can happen.
I really hope you can come back to USA asap, you almost done. I believe once you have Permanent Resident will be way lot easy to travel abroad and come back to USA.
Good Luck.
Hi Leyla
Loads of good wishes and prayers for you
Sorry to hear what you are going through. I think a a few weeks ago someone had posted asking whether it is safe to travel and come back for asylees on RTD without green card and I had mentioned that based on the presidential proclamation there is no exemption for asylees returning from COVID banned countries. It’s unfortunate but you will have to get to a non banned country first and then take a flight. I don’t think asylees are officially considered permanent residents by CBP/DHS.
https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/
What a mess. The problem is not the RTD, but the pandemic restrictions, which I am surprised apply to someone with an RTD (since citizens and LPRs can return, as far as I know). I think you should have a lawyer look into this before you start traveling to different countries. Be mindful of the expiration date on the RTD, as it will be even more of a mess to return if that expires. You might also consider reaching out to the ACLU or to another advocacy organization, as they have been involved in litigating different travel restrictions and maybe they can offer advice. Probably, though, your best bet is to hire a lawyer, as that person will be more responsive. Please let us know what happens. Good luck, Jason
Hi Leyla, below is the list of US-Preclearance airports. If you can get to those airports and have a flight to US you will be processed by the US immigration at those airports and you will travel freely without any problem. (If you buy tickets from their airlines, they probably have a connecting flight from Rome to their parent airport and then to US). You will not need their visa but just a ticket to fly via their airport that has US Preclearance. (keeping in mind that the airport you are traveling to is not affected because of COVID travel restrictions). Normally their airline will not issue you the ticket if that travel is affected by the restriction. For example: If you buy the Canadian airline ticket from Rome – Calgary – NY, and you got the ticket and they board you in Canadian Airlines, you will probably be able to travel and get the clearance at Calgary.
Calgary International Airport
Edmonton International Airport
Halifax International Airport
Montreal Trudeau International Airport
Ottowa International Airport
Toronto Pearson International Airport
Vancouver International Aiport
Winnipeg International Airport
Grand Bahama International Airport (Freeport)
Lynden Pindling International Airport (Nassau)
L.F. Wade International Airport (Bermuda)
Queen Beatrix International Airport (Aruba)
Shannon Airport
Dublin Airport
Abu Dhabi International Airport
It may be that if you are in a coronavirus designated area, you will need to be outside that area for 14 days before you can come to the US. It would be nice if the airline or better yet, the embassy could provide more precise guidance. Take care, Jason
Hi Jason!
I recently sent my application for i-765 renewal and they rejected it stating I didn’t include “the right amount” on the check I sent which was $410 as the new form and fee are not in effect til 10/2. I’m confused now as their website also says I need to send $85 for biometrics but they didn’t specify that in the rejection.
My lawyer is saying it’s $410 and I should resubmit with a new check same amount. But I think I need to write $495.
I need a second opinion as my EAD expires exactly 2 months from now and it took almost 3 weeks for them to reject. I don’t have time for this back and forth with USCIS.
I’m also moving in 2 weeks so I’m assuming I should put that address on the form, reprint and resubmit. Is there a specific change of address form for EAD renewals? I don’t want them to mess around and blame me again for something.
Please help me. I’m already frustrated with the whole 3 year delay due to rescheduling but I decided to stay and finish my studies at least so I need the EAD.
They sent me a whole filing fee form that is in regards of the Oct. 2. 2020 Fees.
My application was postmarked 9/3/20 so I don’t understand why they want me to pay the higher fee that is not in effect yet. I used the 8/25/20 i-765 and sent $410.
They’re super confusing as they didn’t explain what is the correct amount and they sent me a new fee form that is not in effect.
That’s how they wanna rip off people? Reject until the new fee schedule comes in effect?
Can’t think of anything else. Maybe I should attach a letter telling them to open their eyes and make sure they know what they’re talking about and double check what is the current fee before reject and waste my time. Ugh.
The correct fee for renewal is $0 if you applied for AOS.
If you read the final rule and the new instructions, it’s clear that
1) Asylee has to renew their EAD under (a)(5) instead of (c)(9);
2) they do not have to pay renewal fee if they have AOS application pending and they have paid the I-485 fee before Oct 2 2020.
As a matter of fact I raised the question and DHS clarified and reconfirmed specifically in their final rule.
Vvn,
She did not say she is adjusting status.
As a matter of fact, she stated she has had 3 years delay because of rescheduling.
I just submitted under pending asylum.
I got my receipt, and the correct fee is $495, effective August 25th.
Is it acceptable to send a separate check for $410 and $85 and state one is for i-765 and the other is “biometric fee”?
Or just write $495 and that’s it? They really confuse me.
I wrote one check of $495, and on the memo line ” ead renewal and biometric fee”.I made sure every space on the form that did not apply to me had “NA”. Crossed all ts, and dotted all ‘I’s so they would not find a reason to reject it.
Thanks Tina!
In his defense, we were working tirelessly since early August to prepare for my upcoming individual court hearing. For some reason, I completely forgot about my EAD as I was stressed, I barely slept, I had a million things to do, re-read and correct documents, send in more country condition articles, etc.
As soon as I learned my hearing was canceled I started panicking and realized my EAD will expire so I rushed with the application and I didn’t do my research.
Lesson learned.
“Crossed all ts, and dotted all ‘I’s” what is TS and I if you don’t mind explaining? I’m a dummy with abbreviations.
I totally understand how stressful that must be, and how easy it is to forget things during a stressful period😊. Be sure to send it out ASAP, so that your receipt gets to you before the current EAD expires.
Crossing all ‘t’s and dotting all ‘i’s just means I made sure to fill out the forms carefully, and paid detailed attention to all instructions.
Gotcha!
I didn’t write n/a anywhere just left everything blank that doesn’t apply to me.
I read it 3x so I hope it’s good. Should I send the rejected form too or keep that for myself?
I put the rejected copies of ID and passport with the new packet but I didn’t include the rejected i-765.
My response (and I think Tina’s too) assumed that she is applying based on asylum pending, or category c-8. Take care, Jason
It is pretty common that they do not know what they are doing. In part, because they change the rules every other day. In your case, I think if you file the October 2 form and fee before October 2, it will be rejected. The current form, which I think went into effect on August 25, 2020, is what you need to file before October 2, and the fee should be $410 + $85 for biometrics, or a total of $495. Take care, Jason
Celia,
It is $495 beginning August 25th. I recently sent mine, and got the receipt.
Good luck.
Tina,not Tins.
Also, ask your lawyer to read the instructions carefully, and not confuse you.
The biometric fee of $85 became effective on August 25th, for both initial, and renewal EADs.
Good luck.
Hi Tina!
Yes I was rescheduled for individual hearing 3 years from now so pending asylum. This is my 3rd EAD, pending 5 years.
My lawyer still says $410 but I will send $495 as everyone says here.
I don’t want to get it rejected once again.
I will send a brief explanation pointing out that the new fee schedule doesn’t apply to me yet and through their fee calculator it says $495.
I will not recommend you include the note that the new fee schedule does not apply to you, because it became effective August 25th, and applies to all pending asylum, and initial EADs.
Not to run your lawyer down, but if he was on top of his game, he should have saved you the $85, because if your EAD expires in 2 months, you should have applied for the renewal about 4 months ago, thereby beating the $85 biometric fee which only became effective less than one month ago.
My EAD does not expire until February, and I applied in early September. Mine was valid for more than 180 days by August 25th, so I could not beat the August 25th deadline.
Happy Rosh Hashanah to you Jason.
Thank you – I hope the new year (5781) is better than the old. L’Shana Tova, Jason
Your lawyer can check the I-765 web page – it is explained there, if I remember correctly. Take care, Jason
You should get a job at USCIS. You know this much better than they do (not that I am wishing you ill by sending you to USCIS!). Take care, Jason
I’m so annoying, but I ended up writing one check for $495 and added in the memo line “i-765 filing fee
+ biometric fee” plus I printed out what the calculator says.
Now I think I went 120% with this and I hope they won’t send it back again. Fingers crossed.
We usually send one check – but either way seems to work. Take care, Jason
Or maybe I did not understand you Celia. Are pending asylum, or you applied under AOS?
If you applied under AOS, kindly disregard my responses.
Alright, I put a new packet together.
Should I send back all documents that they rejected or take out the old application and only mail the new/corrected one? They printed on the bottom of the rejected application pages so I made new copies of ID’s and passport just in case. I printed the fee calculator page and I included 2 checks: $410 for i-765 and $85 for biometrics.
Hope that will be ok as next time I fall under a new form and new fee schedule if they reject again.
I did not use my new address as legally I live here at my old place until 10/01/20. I will notify them once I moved into the new apartment.
The situation is idiotic, but as I understand it, if you file before October 2, the fee is $495 (you can check the I-765 web page at http://www.uscis.gov, which discusses this). Before August 25, 2020, it would have been $410. On October 2, the new fee is scheduled to be $580 (I think). As for the address, if you can receive mail at the new address, it is probably better to use that, but if not, once you get the receipt, you can change your address using form AR-11, available at http://www.uscis.gov. You can file that form online and it seems pretty reliable to me. Take care, Jason
Thank you!
I feel so crazy I bombarded you guys with my comments last night, I am just so confused and I’m in the middle of moving etc.
So if I use the new address, also send the AR-11 in the packet?
Or separate?
I also tried to celebrate Rosh Hashana but I got sick on Friday, thankfully it’s not Covid though.
Shana Tova!
Celia,
Here’s what I will do.
I will use the old address,so you don’t mix things up, because you need the receipt ASAP.
Once you get your receipt, then go ahead and do the change of address.
How soon are you moving? Can you hold the move, until you get your receipt?
If you moved, you can file the I-765 with the new address and file the AR-11 separately for your asylum case (if you are in court now, you need to file an EOIR-33). If you move after you file the I-765, you will need to file change of address forms for the asylum case and the I-765. Take care, Jason
Hello Jason,
My EAD will expire in the beginning of April 2021 and I plan to submit my EAD renewal form in November 2020. How much will I have to pay? $495 or $580? I’m so confused.
Thank you for your answer!
You will have to check the form instructions at that time (I-765, available at http://www.uscis.gov), as things keep changing and a lawsuit may block the fee increase, but if I remember correctly, the fee after October 2 is supposed to be $580 ($550 for the form and $30 for biometrics). Take care, Jason
I looked at the approval rates for different offices. For some reason the NewYork office has an unusually low approval rate. What is going on in that office?
There are many factors, here are some of my thought:
1) Compared to SF office, NY office falls under 2nd circuit court. The court is relatively conservative for asylum cases. 9th circuit, on the other hand, is relatively liberal. As USCIS has to follow the case laws of their circuit court, in many ways it directly and indirectly affect asylum office’s practices.
2) It might due to the merit of the cases received by the NY office.
3) Many cases filed outside of the 1 year deadline is referred in NY office. Indicating a possibility that they did not give enough considerations to the applicants’ situations for a late filling.
Regardless, asylum cases are complex and lack of transparent data. That said, if you have a strong case and is believable, you have a high chance of approval regardless which office you go.
I do not know – I did a blog post about this on February 5, 2020 where I mention some ideas. It may be that the office is more difficult or that the population that seeks asylum there generally has weaker cases, or something else. Take care, Jason
Dear Jason
Thank you very much i cant find enough word to say how much i owe you BIG thank you.
I got my asylum approval today! ( but in the website it still says i have pending decision)
Timeline
Applied January 2016
Expedited 7 time all rejected ( one day out of blow they sent me a interview date)
Interview September 4 2019
Approval date 8/20/2020 exactly after one year and 15 days wait ( need to be mentioned that i knocked every door to expedite the proval Thru congressman, senator, and ombudsman office ) although everytime they inquired on my behalf they used to generate a standard response “ pending finale decision “
I did not hire A lawyer officially but Jason has always been my lawyer indirectly. I did everything my self until i found Jason specially after interview your input was sooo helpful.
Hang on everyone have faith thing will be fine one day!
I have a question Jason as usual
((((As of 8/20/2020 you have been granted asylum)))) is this the date next year 8/20/2021 i can apply for GC
SECOND question My EAD expire in 8 months do u suggest to apply for renewal or not?
3th question i dont see any form says i -94 attached to it???
All i got a three page with small Page like a sticker stappled on right cornor have my name and date of birth/ and above my alien number there is a number says admission number ( is this a i-94) below departure record!!!
I would appreciate if you reply all three questions according and i promise u have my pray all d time
Thank you asylum family im belong to this page and will be here
Congratulations, Eli.
Thank you tina
One more thing maybe someone wanted to know that it was with Arlington va
Thankfully the painful process ended successfully
Congratulation Eli,
The seven times that you expedited your case? Did you do it by yourself? Which country you are from?
Congratulations. What country are you from?
Congratulations and thank you for sharing the good news. As to the questions: 1 – Yes. If asylum was granted on 08/20/2020, you can apply for the GC on or after 08/20/2021 (assuming you meet the requirements, like being physically present in the US for one year). 2 – No. USCIS should automatically send you a new EAD based on asylum granted, category a-5. If you do not have that in a month or so, you might call USCIS to ask about it (800-375-5283). 3 – I am not sure, but that may be it. You might email the asylum office to ask about the I-94. They changed how the approval notice looks. Before, they sent the applicant (though not the lawyer) a copy of the I-94, which was printed on a piece of paper with the approval. Maybe this document is all you get now (I normally do not see those too often since they go to the client, not to me). Take care, Jason
Congratulations Elji
In what kind of envelope was the approval notice sent to you?
Hi Jason,
Can Asylees with pending Asylum cases use Medicaid/Health benefits from State/Federal resources. Will this cause a problem in the future? What if the Asylee decides to apply for green card via marriage in the future and he has used these resources in the past. Would this create issues for them then?
I do not know about eligibility for such benefits, but if you use them, it would have no effect on an asylum case. It could potentially affect a marriage-based green card case (the law on this is in flux, but at the moment, it could affect the public charge provision, form I-944). Take care, Jason
Hi Jason thank your service.
I have some concern about the proposed asylum law. I have applied 2016 and i am from Africa.I was in the third country in Europe as a student before I come to us as visitors.
If the new asylum law is applied.
I) if uscis denied my asylum application, my case forwarded to the court or I will be expedited for deportation
II) do you think the new law applied to the old application?
Thank you.
1 – If the new rule goes into effect, it will be easier to deny cases where the person spent time in a third country before coming to the US, but it depends on the case. If the case is referred to court, I do not know that you would be subject to an expediting proceeding. The only people subject to such cases these days are detained cases. Also, theoretically, new LIFO cases should be given priority in court, but I do not think that is happening. 2 – As far as I can tell, if it is implemented, it would apply to old cases. This is obviously unfair, and may form one of the bases to challenge the legality of the law in court. Take care, Jason
Hi Jason,
thanks for everything you are doing to asylum community.
My wife had her interview 3 weeks ago
Her decision was pending and days stopped for a day
Today it shows decision was mailed and days starts running again
She already had her Ead long time ago
Do you have any idea what this means ?
Some people believe that if the clock keeps running, it means the case is referred to court, but I think it is best to remain patient and wait for the letter, as you cannot know for sure until you receive that. Good luck, Jason
I completed my interview Sep 4th, I was told a decision would be sent by mail. I started checking my case status online but about a week ago the clock on my case stopped moving. I filed my case in 2016 so I’ not too worried about paperwork but I’m intrigued as what this could mean on my decision.
Some people believe this indicates that the case is granted – I do think it is best to remain patient and wait for the letter. Good luck, Jason
Hello everyone,
I am a pending asylum, do you know how long does it take to get an advance parole now? Im sure it takes more than 3-5 months but given the situation how long do you think it takes? Thank you!
It’s hard to say – maybe 5 to 7 months is a good guess. You can also try to get it on an emergency basis if you have a reason. I wrote a bit about that on January 29, 2020. Take care, Jason
Hello Jason, I’d like to suggest you write this in your next articles. Noncitizen voting is illegal but seldom get caught in fact. And noncitizen voting is not right though sometimes it has to do that.
Are you saying that non-citizens vote?
Ruth Bader Ginsburg passes at 87! Oh my goodness!
Sorry to hear this Tina.Thats a blow to us Immigrants and the country as Trump will appoint another conservative judge to make things difficult for Obama care enrollees and Dreamers.
Not just that, asylum seeker. This vacancy will energize conservative voters, and a Biden win has just gotten more complicated!
Sad news. She was a very amazing person and he voice and decency will be missed. Take care, Jason
Why are you suggesting that non-citizens should vote. That is 100% illegal and wrong and will definitely put the non-citizen in a lot of trouble by immigration authorities if he gets caught…..Where do these stupid ideas come from in people’s minds????????
And BTW why are you asking Jason to give illegal advice to immigrants and Asylees. Jason is a sworn in attorney who is legally obligated to uphold and respect the laws of this great country and you are asking him to advise immigrants to break the law and commit crimes. You must be out of your mind.
John,
My understanding is that he wants Jason to write to discourage non-citizens from voting. That was the reason I asked if he was saying that non-citizens vote.
I don’t think he is suggesting that non-citizens should vote, except I misunderstood what he was saying.
If he was suggesting that, it is pure insanity.
I am not sure what he is trying to suggest here. May be I misunderstood what he is saying.
1–> If he is suggesting that non-citizens rarely get caught and it is ok for non-citizens to vote sometimes then that is a very bad and illegal advice.
2–> but if he is saying that Jason should advise non-citizens to refrain from voting because it is illegal for non-citizens to vote then I agree with him. It is 100% illegal, immoral and unethical for non-citizens to vote, not to mention that it can have severe consequences on the immigration status of the non-citizen.
I am just trying to make sure that he is not trying to confuse immigrants on this platform by suggesting that they go and vote because that is a very severe crime and would put the immigrant in a very serious position. In fact an Asylee/immigrant should never claim to be a citizen not for a loan or any other purposes.
John, I agree it is currently illegal to vote as noncitizens but it is not immoral and unethical. Possibilities are endless, it may not be today, but who knows what tomorrow will bring. There were times when it was illegal for women and people of color to vote but today it is not the case. I understand it may not be a near possibility but we should always try to keep our fingers crossed.
I think there are arguments why non-citizens should be allowed to vote, but I do think it is unethical to vote as a non-citizen where that is not allowed (and in the US, it is not allowed, at least for all federal elections). Part of trying to join a community requires accepting the rules of the community. You can certainly try to change rules that are unjust, but I do not think there is a right to violate the rules. Particularly when it could get you into a lot of trouble and there is little to be gained from engaging in the bad behavior in the first place. Take care, Jason
I have not seen any evidence about the problem of non-citizen voting. The President likes to raise that point, but I have not seen any evidence to support the claim. Take care, Jason
Dear Jason;
Thank you very much for your relentless effort for help to Asylee like us.
I have couple of question and hoping for your expertise in this matter. I came US in 2018 and applied for asylum based on sexual orientation. I am a lesbian and same-sex marriage is illegal in my country and I had fear of prosecution by government as well as from my own family member. As a result, I win my Asylum case and I have successfully submitted Form I-485, Application to Register Permanent Residence or Adjust Status in Dec 2019. And I am waiting for my Green Card. Back then I had a American girlfriend but we broke up. After a brief time, I start seeing a guy (also a co-worker) from my job and we end up falling in love with each other. My question are;
1) Can I marry him? If so, will my marriage jeopardy my situation and lead to termination of receiving Green Card?
2) Will my future husband also receive Green Card when I receive it? Cause, I have recently realize he is also pending asylee (He is from different country).
Regards
1 – You can marry him. This could raise issues about the validity of your original asylum claim. It sounds like you have an explanation about this, but USCIS does sometimes investigate LGBT cases where the asylee ends up in a “straight” relationship. Most principal asylees do not have an interview for the GC (though some do), and so USCIS will likely not know about the marriage until you apply for citizenship, but the issue could come up at any time. You should save all the evidence you have about your prior lesbian relationship(s) in case you need to prove that your original case was not fake. 2 – He would have to apply for his own GC based on his own asylum. If you are married when he applies, he would have to list you on the form, and that also could trigger a USCIS investigation of your old asylum case. Take care, Jason
That is very intersting story. Came to US. Applied for asylum based on being lesbian. After receiving asylum status shrotly ( Fx LIFO policy), your mind has been changed and you fall in love with a guy and are going to marry him!!! And you are asking for help here! . . . I have nothing to say!
I can understand if some people find my response judgmental.
ASYLUM PENDING, I agree with you. How can you come to the U.S. in 2018, applied for asylum based on a particular sexual orientation, and then less than 2 years later, after a grant of asylum, and after submission of the I-485, you suddenly want to marry (not even common law relationship but actual marriage) a member of the opposite sex?
I understand the whole complexity about bisexual relationships and bisexual asylum applicants ( I also understand the whole “discovering” your sexuality/identity thing and being given the freedom to be your true self); however, the timing of this story, and the circumstances surrounding this asylum claim-and that is why I vehemently disagree with this LIFO nonsense as anyone with some amount of commonsense can concoct a story- are very suspicious.
In any event, the situation would be further compounded if “POZITIF” didn’t disclose that she is in fact bisexual. I am also certain that the declaration/statement given to the judge or asylum office would also need to explain, or at least describe, how she lived as a lesbian in her home country. If there was no mention of the bisexuality in the interview or declaration, and then less than 2 years later she has decided to essentially become heterosexual for life (a marriage, on the face of it, is supposed to be a life-long commitment/relationship), then there is clearly cause for concern (and I am not going to “massage” my comment, though it wasn’t asked for, to suit anyone’s feelings).
The asylum office is mess and the root cuase is stories like this B.S. President oreders and other immigration policies are Ancillaries.
I don’t buy that. The asylum office is a mess mostly because of the volume of cases at the Southern border. There is no reason to believe that fraudulent cases (assuming the case in question is a fraud) are the cause. At least I have not seen convincing evidence of that. Take care, Jason
Jason,
I guess pozitif should clarify if she was bi-sexual in her home country, under which case ,it is totally understandable that she now wants to get married to the opposite sex.
Marriage is a complete, and Permanent sexual relationship, so she is no longer practicing sexual curiosity at the time she decides to get married, She has determined her permanent sexual preference.
Having said that, I typically write long responses here, but my ambiguous question in French was deliberate , because I considered various scenarios in my head:
1. She has had a religious/therapy conversion( which works for some people). Problem is, sho no longer has any fear of persecution based on her sexual orientation, so she could be asked to go back home.
2.She was actually bi-sexual, but had more of same sex relationships, and played down her bi-sexuality.
3.She might be going into the marriage as a favor to the other person, who is also an asylum seeker as she Pointed out,(probably stuck on the backlog too), and finally, her lesbian claim was convenient at the time.
Unfortunately, if she goes ahead with the marriage, she will have some explaining to do, except she filed her asylum as bisexual.
I agree that she may have some explaining to do, but my main point is that we do not have enough info to reach a conclusion about her. It may be that her claim was fraudulent. It may also be that there is a very valid explanation. I think it is important to give people the benefit of the doubt, at least until we have more info. Take care, Jason
Jamie,
I completely agree with you here. I am not sure about the circumstances, but if I put myself in the USCIS officer or immigration judge’s shoes, I would be very suspicious about this relationship too. Going on a tangent (may be a rant), I have also noticed this with people getting green cards and then going back to their home countries several times and sometimes for an extended period. In fact, I encountered someone who got a reentry permit after getting a green card and spent around 14 months in their home country. When I casually ask them, has the government changed or how did you remain safe? They replied that they were hiding or staying low. Call me cynical, but it’s hard for me to believe that you get asylum, get a green card and go to your COP for 14 months in hiding. There are many cases like this such as gays suddenly becoming straight, ex-Muslims going back to mosque etc. It actually makes it very difficult for genuine asylum-seekers. So sometimes I do understand when Americans say that the system has been abused. OK that’s enough!
The point you are getting at is that some asylum cases are fraudulent, and I think that is a fair point. The question for the US government is how to discover and stop the fraud. Their approach has been to punish everyone, but there are alternatives (for example, I wrote about one alternative on September 11, 2015). Take care, Jason
Where I disagree is that a person does not become heterosexual by marrying a person of the opposite sex. She can still be bi- (or I suppose even a lesbian) even if she marries a man. It would just not necessarily appear that way to society and to anyone who might persecute her. take care, Jason
Well Jason, I respectfully disagree that marrying a man if she is truly lesbian is necessary in this case. The whole point of asylum in the USA as a lesbian was so she would not have to live a lie, to avoid persecution, or being ostracized.
Why would she need to ‘ live a lie’ when she has been granted a life time freedom to be who she is?
Yes, and we, those who are heartily honest with USCIS and take care of their family and kids, need to wait for years and years with the pending game.
There will be some day, I believe, no spot will be left for honest human beings on Earth, and liars will always win and be supported, as we do see now.
Let’s all appreciate and acknowledge honesty please!
I think it is a mistake to assume that a case is fraudulent based on a short posting here. We do not know the full story. Also, I think it is a mistake for one asylum seeker to turn against another because one believes that their case is more “legitimate” than another. I did a blog post about that on May 30, 2019 if you are interested. Take care, Jason
Hi jason my question I-130approved what is the next step Im in side USA
It depends on many factors. I did a series of posts that might help in August and September 2018. Take care, Jason
Pozitif,
Quoi, qu’est-ce que tu dis ?
Tina,
I feel you. 😅
Also my initial Court hearing was should have been next Wednesday and was send to 05/2021. Will this impact the LRIF GC I applied for? Or do u think one can be granted GC for another case with a pending referral for another reason as the Asylum case? What are some things I should be expecting to happen?
Thanks Jason.
USCIS normally either requests the medical exam in an RFE or asks you to bring it to the interview. I doubt the decision not to submit the medical now will have any effect – we do that regularly and have not had an issue. As for the GC, now that you are in court, I do not know that USCIS has the jurisdiction (authority) to issue a GC. Normally, they can only issue a GC if you are not in court. Once you are in court, the judge can either grant the GC or terminate the case so that USCIS can issue the GC. I think you need to talk to a lawyer to decide how to proceed with the court case. Sometimes, USCIS can put a GC case on hold while you try to dismiss the court case, but USCIS could also deny the GC because they lack jurisdiction. In short, I do think you need to talk to a lawyer to help you navigate the process. Take care, Jason
Hi,
I came to US 2017, applied for Asylum, while the final result was pending, I applied for LRIF GC. In the GC app, I didn’t include medical.
I was later referred to Court for my asylum app. I again got RFE for the GC that didn’t include requesting for Medical. Do you think not submitting the medical with the initial GC app and uscis not requesting for it will have anything to do with the GC app? I respond that they have started processing the GC case again since they got what was requested for.
Do you think they will request for medical later? And if so when? Or if they request for it what does it mean in the GC case? They already applied my Biometric pf the asylum to the GC. And long do you think they will respond? do the asylum N of referral to court have any negative impact on the GC? I also just learn of a waiver app I could have submitted but I asylum case was stay pending. What do you think sir?
How do u think they will proceed? Or what is the general process when applying for GC.
Hi Jason!
I need help ASAP. I am an asylee and have Refugee travel document valid 1 year. I came to Italy 13 days ago to see my husband. On my way back to New York now in Rome airport they didn’t let me take the flight. This is a 3rd country and I don’t feel safe. Alitalia called CBP JFK 3 times. They refused to take me back to America. Please please help me. I am stuck here. I have sent them all thE documents. They gave no explanation and contact the US Embassy in Rome. Please I need help.
I do not know what the problem could be. I think you should reach out to the US Embassy. Also, you might want to hire a US immigration lawyer to assist you. There are probably some US immigration lawyers in Rome – you can go to this website: http://www.ailalawyer.com/, which may be a good place to start. Good luck, Jason
Leyla, so sorry to hear that. This would be a nightmare for any of us in this condition. If we are traveling with a Refugee Travel Document and denied re-entry. The problem sometimes is with the airport/airline staff or the immigration staff of that country from where you are traveling, If you cannot find any reasonable answer, instead of flying to the USA I would suggest you take a flight to Abu-Dhabi or any place where US immigration is available, in those locations they clear immigration in that country and you fly to the US like a domestic flight. If you can go to any of that country if it is in Europe, or Abu-Dhabi, this would allow you to get the immigration stamped in that country. Prayers for you…
US Asylee RTD is not valid to Travel UAE, QATAR, KUWAIT and most of Gulf countries. They won’t give Entry anyone using RTD from USA. AS FOR my knowledge is concerned.
For countries like that, many people use their passports (even if this is not ideal) and then use the RTD to pass through US customs, either in the country or when they arrive in the US. Take care, Jason
Hi Dove, what I am saying is not an entry in that country, but if her travel is via that country’s airport to the US, she may be able to get immigration at their port. She may not be allowed inside that gulf country. It may be if she has the travel document and an air ticket via ittehad airways, that flight from Rome will come to US via Abudhabi.
This is a good suggestion, but it would probably help to talk to the US embassy first, if possible, as maybe something else is going on here. Take care, Jason
Agreed Jason, I think we do not have whole knowledge, we are talking about our own experiences, and as you mentioned a lot of times that it has never happened with the US Refugee Travel Document, at least it was not in our knowledge. There may be some other part of the story that we do not know.
Sorry to hear that, this is a nightmare for everyone.
I wonder if your entry denial is because of:
1. President’s proclamation (recent that says only GC and Citizens are allowed).
Or
2. Some other reason like airport/rome immigration doesn’t understand US refugee travel document. But this may not be true as they tried to contact JFK immigration. Maybe they are trying to help.
I pray for your safe return, After tremendous amount of wait here in US for asylum nobody wants to face this problem abroad.
I also wonder why would you travel during this proclamation unless it was urgent.
https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-novel-coronavirus/
Leyla,
I am so sorry to hear that you are going through this.
I hope this serves as a lesson to everyone that comes here, and starts asking questions about urgent leisure travel without, at a minimum, LPR, under this administration.
Some people have lost parents/ loved ones while in this limbo,and sucked it up, and some come here to talk about leisure travel with RTD, once they get asylum. It needs to be a matter of life, and death for us to consider stepping out of this country as asylees under this administration.
Leyla,please do not misunderstand me. I feel for you, and hope that you are able to make it back soon.
I hope all the asylees who suddenly have a pressing need to urgently leave the USA have learnt a lesson.
I will be sure to say a word of prayer for you. Please keep us posted, and you should be speaking to your lawyer, or hiring one by now if you do not have one, as Jason suggested. Your case may be more complicated.
Good luck!
Tina,
I understand your frustration and being stuck in the limbo for years is truly a feeling I went through and don’t wish that to even my worst enemy. That being said, the possibility to travel outside the U.S especially for pressing matters in not a privilege but a right. Yes, some people couldn’t not attend their family member’s funeral or last days before of fear of not coming back. I hope you done imply that all asylees should not have the right to leave the country before they become PR. I personally use the RTD multiple times and came back without an issue. It’s an official document provided by the Department of Homeland Security. The holder of the document has to undergo extensive background check before they obtain it.
In all my year reading this page, I never heard of anyone having an issue with a valid RTD trying to flight back to the U.S.
Corey,
I think you are missing the point.
Under this administration, no one should take the risk.
Have you taken the time to go through the many proclamations of this administration?
If you read my post,I stressed “UNDER THIS ADMINISTRATION” twice.
It’s the first time I have heard about that as well, and so I suspect something else is going on. We do not have all the info about the case, and so we have to be careful about drawing any conclusions. Take care, Jason
Tina, I think we need to know more about this case before we can draw such conclusions. Ayslees are currently still traveling everyday with RTDs without major problems (fortunately). That said, travelling with an RTD can be tricky for a number of reasons. In most of the cases, from my understanding, the airlines (and sometimes the immigration officers) are to blame as they are not familiar with the document. The airline employees have the authority to deny you boarding; if you are denied boarding, you can’t travel. This is not the first time people with travel documents are denied boarding. Also, immigration officers/passport control officers can deny you entry into the country if you don’t have the necessary visa or if they are not familiar with the document.
What would concern me, however, is if Leyla arrived in the U.S. and was sent back or denied entry. And even if Leyla was denied entry at a U.S. port of entry, this would have violated U.S. and international laws, as s/he is an asylee/refugee who is traveling with a valid internationally recognized document. Besides, if there is a reason to “deny entry”, the asylum status would first need to be terminated by USCIS/EOIR. The INA also makes it clear that the Attorney General shall not return a person with refugee or asylee status to his/her country of origin/nationality, or country of last habitual residence, unless the asylee/refugee poses a security threat to the U.S.
I feel like Leyla needs to try booking a flight with another airline (the expenses can always be recouped). He/she may also go to another country within the Schengen Area and try boarding another flight. S/he may even have to go to a completely different country/geographic area. Leyla may have to contact the airline’s corporate office for assistance. If there is a travel ban, there is really not much that can be done except getting a lawyer to assist.
Jamie,
I think I may have concluded too early that Leyla’s challenge has to do with the administration, and I hope not.
The 3 phone calls to cbp did not help.
I pray it’s the lack of understanding of RTD by the airline, and nothing to do with any proclamation or covid-19.
Hopefully it will be resolved very quickly, and she gets back in soon.
Jamie, this is exactly what I explained above. She may try some other airport, if financial problems won’t stop her. Some of the airports have US immigration like AbuDhabi from where she can travel after getting clearance from the US officials. She may have to purchase a ticket of Ittehad Airlines.
Leyla,
I hope you will be able to return back to USA. It is so bad to be in this situation after having asylee status. Please let us know how this horrible story ended. Best of luck to you.
Hi Jason,
Have you seen this news story. Giving hysterectomies to detained immigrant women in ICE detention facilities without their consent or knowledge. Not sure how this is much different from what other racist NAZI leaders like Hitler did in the past. This is just horrible and these actions constitute severe crimes against humanity. Trump admin should be ashamed of this and should be held accountable for these cruel crimes.
https://www.cnn.com/2020/09/16/us/ice-hysterectomy-forced-sterilization-history/index.html
Yes. I discussed it in a podcast yesterday (see the “In the News” section if you are interested). My colleague points out that the US offers asylum specifically to people who are victims of forced sterilization. The whole thing is an incredible disgrace and shock. Hopefully an investigation will give more detail (and confirm whether the allegations are true), and those responsible will be punished. Sadly, I am not optimistic that that will happen. Take care, Jason
Horable Jason,
I hear people saying they were oppossed to Hillary Clinton on honesty grounds. I wonder how bad she was in order to be considered worse than this.
How you do anything is how you can do everything. Do anything once and you have proved you are capable of doing it. If he cheats against powerless asylum seekers who are at his mercy, I wonder to what extent he goes against those capable of pushing back.
But you can fool all people sometimes. And you can fool some people all the times. But you can’t fool all people all the times.
I think Hillary Clinton would have kept the ship afloat. Trump is sinking it. Take care, Jason
By luck or fate, he is using a simple trick to sink the ship. Being a political daredevil. Daring to break laws, rules and norms then ride out the storm. Divide and rule.
Unfortunately real life is not 1 sided. While in the political world he might consider the recent court ruling as 300K aliens being deported. In economics, that’s 300K consumers and human capital being withdrawn from the economy. Question is, what benefits the country more. Real estates and landlords have 300K headaches because every citizen already has a place to live and no citizen needs those vacated premises.
Protecting unskilled jobs for citizens may sound good prima facie. But social-development-wise, shouldn’t citizens be empowered to progress upwards, and leave immigrants to fill-up those lower spaces. If I were a President, my sense of achievement is to see a nanny citizen progress upwards then employ an alien nanny at his/her house. A citizen writing a letter to USCIS and his/her alien nanny gets an EAD/GC granted. That’s citizen power. Take Care.
Daniel,
I am no longer able to keep up with all the negative news, so I had to google what you were talking about.
If he wins again, those of us in the backlog should brace up.
After TPS, which groups are next in line?
Plus, most reputable studies show that immigration brings a net positive to the economy. There are other reasons to limit immigration, and reasonable people can differ on this. However, we are not involved in a reasonable debate when the President is constantly lying about immigrants and refugees and their impact on our nation. Take care, Jason
Jason,
Thank you for this article.
At this point, it is reasonable to believe that these claims are true- and I know I am perhaps hastily generalizing- as this administration seems to thrive on mendacity/falsehoods, even when the mendacity can be easily fact-checked. No shame whatsoever!
The issue, really, is not that this administration is bereft of credibility, or that it lies constantly, especially for political expediency (though I suspect, or agree, that a lack of moral leadership is the overarching problem), but that checks and balances, and ultimately the Constitution (the supreme law of the land), appear as though they have ceased to function. As such, it is not surprising that this administration seems to have “free-range”, or is seemingly unfettered in its political ambition to infect every government agency with its mendacity, unlawfulness, and nefarious deeds. The outcome of that, unfortunately, is that some people, like asylum seekers, will suffer. What is also interesting is that, the lies and misinformation are not only unique to immigrants or those seeking refuge; they (falsehoods, misleading information and cover-ups) are finding their way into ordinary American citizens’ households, with the hopes of dividing and conquering, or securing political power.
It is also safe to say that the lack of public castigation and outcry by the general population- perhaps because of the palpable political apathy, or being overwhelmed by information – is a serious cause for concern.
There is one thing I take issue with in this article, though: You seemingly have confidence that USCIS officers and EOIR employees will hold “the other sources” in the same regard as the State Department’s reports. We all know that asylum officers and immigration judges rely heavily on these reports and sometimes, to the detriment of the asylum applicant, completely ignore expert witnesses and other corroborating evidence (or at minimum don’t give a lot of weight to these articles/reports, in practice). They also sometimes become suspicious when the Department of State’s report is inconsistent with the applicant’s reports/corroborating evidence. The foregoing can obviously be discomforting for the applicant.
I agree that a government report may be given more weight than other reports, but government reports can be overcome with other information, if the applicant is able to advocate for himself or has a good advocate, and if the fact finder behaves fairly (all big “ifs”). Where these reports do more damage is when the applicant is pro se and not able to effectively advocate for himself. There are plenty of people like that, and maybe they are the target of these lies. Take care, Jason