In order to “amplify” the President’s tough-on-immigrants campaign message and win votes, the Trump Administration is planning on conducting a series of ICE raids in “sanctuary” jurisdictions, such as California, Denver, and Philadelphia. What should you do if ICE (Immigration and Customs Enforcement) comes looking for you? Or if you get caught up in a raid?
Before we answer those questions, I want to note that people who have pending asylum cases, or who have cases in Immigration Court, are rarely targeted for arrest by ICE. The agency’s main targets are people who already have removal orders and people who have criminal issues (including very minor criminal issues). However, ICE also makes “collateral” arrests if they encounter other “illegals” in the course of pursuing their target. But unless you have already been ordered removed or you have criminal issues, it is unlikely that you will ever have to deal with ICE. That said, it never hurts to take precautions and to be prepared. So how do you do that?
First, a couple general rules to keep in mind. If you are stopped by ICE or the police, do not run away or resist. Keep your hands where the officers can see them. Be aware that in some states, you are required to give your name to law enforcement. Do not lie about your immigration status or present false documents. Trying to lie your way out of a situation rarely works, and is more likely to cause additional problems. The better approach is to inform the officers that you wish to remain silent and that you wish to contact a lawyer and/or your family. As you probably know, in the U.S., you have the right to remain silent, and anything you say to ICE or the police can be used against you in court. So the less you say, the better.
If the officers want to search you, you have a right to say no. However, if the officers have probable cause (for example, they suspect that you committed a crime and are carrying a weapon), they can search you. If ICE or the police want to search you, you can repeat that you do not consent to the search, but do not resist.
Non-citizen in the U.S. are required to carry proof of immigration status at all times (Green Card, work permit, asylum receipt, passport and visa, etc.). If an ICE officer asks for your immigration papers, you are required to produce your documents. If you do not have your papers with you, you can inform the officer that you wish to remain silent or that you wish to call an attorney. You also have a right to call your country’s consulate in the U.S. (though for asylum seekers who fear harm from the home government, this may not be a great idea). You might also scan your immigration papers or take pictures of them, and keep them on your phone or in your email. That way, even if you do not have the originals, you can at least produce copies. In addition, non-citizens in the U.S. illegally (and who do not have an application pending) can be subject to expedited removal if they have been in the U.S. for less than two years. So make sure to carry proof (or have it on your phone or in your email) that you have been in the country for more than two years. If you have been in the U.S. for less than two years, do not admit that. Stay silent and ask to speak to a lawyer.
One common way people get detained is during a traffic stop. If you are stopped for a traffic violation, the police officer can require you to produce your driver’s license, proof of insurance, and vehicle registration. Once the police have your information, they often check for outstanding arrest warrants. In some jurisdictions, they also check for immigration warrants and can detain people with outstanding criminal or immigration issues.
It is less common for ICE to come to your home, but if that happens, you do not have to let them into your house unless they have a warrant signed by a judge. You can ask to see the officers’ ID and any warrant. Also, be aware that sometimes ICE officers will try to trick you into leaving your house or allowing them to enter. If ICE officers or the police force their way into your house, do not resist. Tell them that you do not consent to them entering your home, and that you wish to remain silent and contact a lawyer.
While it is probably unlikely that you will ever be detained by ICE, it is a good idea to have a plan in place just in case. What will you do about your children or other people that you take care of? Who will assist them? If you take medicine, make sure that someone can get it for you (including a copy of the prescription). What about bank accounts, vehicles, and property? You need to have someone to take care of your affairs in the event that you are detained, and that person needs to know what to do in case of an emergency.
In addition, keep your immigration and other legal papers somewhere where your family or friends can access them. Also, make sure your family members know or can find your Alien number. If you have a lawyer, your family members should have that lawyer’s contact information.
You can find more information (in many different languages) about encounters with ICE and the police at the ACLU “Know Your Rights” webpage.
Finally, if you are detained, you may be eligible for release on your own recognizance (meaning you are released and required to report back to ICE or an Immigration Court at some point in the future) or on a bond (meaning you pay money as a “guarantee” that you will appear for any future court date or for removal from the country). If ICE refuses to release you or set a bond, you can ask an Immigration Judge to do that. Depending on the circumstances, judges sometimes do not have the authority to release you. But in my experience, asylum seekers are almost always released unless they have criminal issues.
In short, while it is not impossible that a person with a pending asylum case will be detained by ICE, it is rare. Nevertheless, it’s a wise idea to have a plan in place and to be aware of your rights. That way, you will be ready for any eventuality.
Hi Jason, hope you are well
I got the I730 approval notification from USCIS 1 month ago for my family. USCIS will send the approval notification to Department of State for visa processing, but I have not yet received any updates or notification from the Department of State(NVC).
Do you know How can I contact with U.S. Embassy or How can I make an inquire, because I don’t have Case number yet and what should I say to U.S. Embassy ? I think If I send Email to Embassy now, they don’t know who I am
Thank you
There seems to be delays these days sending the approved I-730s to the NVC. The NVC has an online form you can submit (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html). I am not sure it will help at this point since USCIS probably has not yet forwarded the case. Maybe a starting point is to call USCIS and ask them whether the case was sent to the NVC (800-375-5283). In terms of the embassy, you can Google the embassy page and find the email for the consular section, but until the NVC forwards the case to the embassy, I do not see any reason to contact them. Take care, Jason
Dear Asylee,
Would you please let me know the timeframe for your I-730 and the service center ?
Best,
Mariam
Hi Jason,
My master hearing has been moved to mid of 2023. What can I do to try to move it forward? Are there any options? Please help me Jason, I’ve been here for more than 6 years.
You can try – I wrote about that on April 20, 2017. However, given the coronavirus, it is not easy to advance a case. Nevertheless, as I discuss in that posting, it is possible to try to get a sooner court date. Take care, Jason
Hi Jason, hope you’re doing great.
I have no one to ask. After fighting with stupid dmv since the end of May, I’ve got my new real driver license just now. The clerk at dmv said my DL would be good for 5 years, and the one I received has expiration date on my birthday in March 2021. My EAD expires in June 2021. How am I supposed to drive for 3 months?! I know my friends used to receive AB60 DL, when USCIS was late with their EAD renewal. I’m just so tired and sick of it.
I hope you can give me some advice. Thank you
Different DMVs are different, but normally they tie the expiration date of the DL to the expiration date of the EAD. You can file to renew the EAD up to 180 days before it expires, and once you have the receipt it automatically extends the old EAD by 180 days. Either when you get the receipt or when you get the new EAD, you will have to go back to the DMV to get the license extended. The timing is a real pain, since you likely won’t have the EAD by March (since you can probably not apply until December). I think once you have the receipt and the automatic extension, you should contact the DMV to see what they say, and if you do not get a satisfactory answer, you will have to be a little assertive and push to speak with a supervisor. Take care, Jason
Hello,everyone !
I have a pending asylum case at the immigration court.At the same time I am married to a US citizen.I have a travel document based on my marriage as I did not have my marriage interview yet.
Is it safe using that travel document while I also have a pending asylum case at the immigration court ?
Please enlighten me !
May God bless you all
It is not safe to travel if you have a case in immigration court. If you leave, you will be considered to have deported yourself and you may not be able to return. This is the case even if you have an Advance Parole document. You can try to terminate the court case, and if that works, then you can travel and return using AP. I wrote about getting the GC based on marriage on August 6, 2018 – maybe that post would help. Take care, Jason
Hi Jason,and hello to all of you.
I have individual hiring in December.2020. The work permit expires in April 2021. My question is this. Do I have to apply now for a work permit extension? Or I wait until after the trial in December 2020. We are 4 family members.
Is it worth waiting until after the trial.
Or if I make the payment now, is the payment 410 + 85 = 495
Thanks from Toli.
You can re-apply now for the work permits, but it is up to you. I am very superstitious and so if it were me, I would apply now. However, you might also want to wait to see the result of the trial, as it will save a lot of money if you win and can get the free EAD based on asylum granted. Also, you will have about 4 months after the trial, so if you lose, you should still have time to apply and not have a gap in your employment eligibility. Take care, Jason
What’s at stake in the US election for refugees and asylum?
‘This current administration has had a single-minded focus, from the White House on down, to carry out the anti-immigrant, anti-asylum, anti-refugee agenda.’
https://www.thenewhumanitarian.org/analysis/2020/10/05/US-election-refugees-asylum-migration-Biden-Trump
Encourage everyone you know to vote – this election is very important for immigrants and asylum seekers, and also for democracy and rule of law in our country. Take care, Jason
Maybe I missed that but I think I am not able to vote as I am having decision pending status right?
Sorry – By “everyone”, I mean everyone who is eligible, and only US citizens are eligible to vote. Also, if people you know plan to vote for Trump, maybe encourage them to not vote…
Ha ha. Sound like a good plan
Ok
This picture, by the way, is not me,
Somehow, I typed a wrong email and this showed up.
Not trying to create a virtual false identity…
Whoever it is needs to learn how to focus a camera…
Jason (and other readers),
Have you recently submitted an “outside the processing time” request?
I have both I-765 and I-131 pending since late April 2020 in the Texas Center. Based on the processing times posted (https://egov.uscis.gov/processing-times/), a receipt date for a I-131 case inquiry is May, 16th, 2020. So I tried to submit an “outside the processing time” inquiry. After filling out and submitting the form, I’m getting “Your application or petition is currently within the posted processing times. An inquiry may not be created at this time. Further information about recent processing times can be viewed on the uscis.gov webpage.”
I did get a message a week or so ago that my fingerprints were applied to my case. The page above says that if you received any communication from the USCIS in the last 60 days, it means that the case is currently in works. Do you think that this is indeed accurate?
Everything is very slow now, and so I guess USCIS is working on the case, but it is very difficult to know. We have not tried an outside normal processing time request lately, as everything is such a mess, but sometimes those can help (assuming USCIS accepts them). Maybe you can try calling and see whether that does any good: 800-375-5283. Take care, Jason
Hi Jason.
Have things picked up a bit at the Arlington field office? Are they planning to use rapid testing to help things move along?
At the asylum office? As far as I can tell, things are very slow. They seem to be a bit better at the Fairfax office (for USCIS interviews), but that is slow too. I have heard no plans about them testing people at USCIS sites, and I do not think that idea is on the table. Take care, Jason
Hi,
Is there anyone who got the asylum approved without taking the interview? My application interview is still pending since 2015 Texas. I am waiting for miracle to happen.
Thank you.
My recollection is that the law requires an in-person interview before you can be granted asylum. If you have a reason, you can try to expedite the interview – I wrote about that on March 30, 2017. Take care, Jason
Jason, I tried to expedite with help of congressman. Congressman sent me response from asylum office which is casual, mentioned which cases are given priority and about new 2018 LIFO system.
It may be a standard response. It is very difficult to get them to expedite a case now, as they are operating at reduced capacity due to the pandemic. I suppose you can try again if you have a new reason – you can ask the Congressperson for help or do it on your own. I wrote about that on March 30, 2017. Take care, Jason
Hello Jason!
I have a question, the house is used to live back in my country was left empty when i left the country. My family left the house as well, within 3 months the city hall will put the house in auction since nobody lives there anymore, my old neighbor contacted me and wants to buy the house, i have to meet him in a third country, i just applied for my GC last friday, you think i can use this reason to expedite my caseand what kind of proof i need i am waiting for the receipt from the uscis to try to expedite
You can try that – I wrote about expediting with USCIS on January 29, 2020. I think it is unlikely to make much difference in the processing time, and so if you only applied for the GC recently, I do not know that you will get it very soon. Can you hire a lawyer or someone else to represent you in the process instead? Or have another relative who is there or who can travel assist you? Maybe the GC will arrive soon, but you should make a plan in case it does not. Also, you might try applying for a refugee travel document (form I-131, available at http://www.uscis.gov) and see if you can get USCIS to process that on an expedited basis. If you could get that or the GC, you could travel and return. Take care, Jason
Hi Jason or anyone else here,
Do you have any experience of delay with Department of State visa processing for approved I730. I got the I797 approval notification from USCIS 3months ago for my family. The letter state that USCU send the approval notification to Department of State for visa processing, but I have not yet received any updates or notification from the Department of State.
Any idea or experience with such delays?
Thanks.
The US embassy part of the process is also slow, especially these days, as not all embassies are open due to coronavirus. You can email the embassy to try to inquire. Also, in December 2019, I did a post with a link to an I-730 manual. That manual is helpful and has some ideas for cases that are delayed. You might want to take a look at that. Take care, Jason
Dear Manding,
Would you kindly share your I-730 timeline and the Center you have applied from ?
Thank you,
Maro
Hi,
i-485, page 5, part 3 , question 1: (Have you ever applied for an immigrant visa?).
My brother (a US citizen) filed i-130 for myself four years ago (I was pending asylum decision at that time). Should I answer YES or NO to the question? And should I include the I-130 receipt?
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
HUSSAIN, I am not Jason. He will respond soon. In the meantime, I will tell you what I know.
If you were granted asylum in the United States, a maximum of one year of your time in asylee status counts as permanent residence. As such, if you successfully adjusted your status (became Lawful Permanent Resident or “LPR”), USCIS should record your admission for lawful permanent residence as of the date one year before the date of the approval of your I-485 (pursuant to 8 C.F.R. § 209.2(f ). What this means is that asylees who have adjusted their status to that of LPR are eligible to apply for citizenship 3 years and 9 months AFTER they have adjusted their status. You are permitted to submit the N-400 application 3 months early; hence the 3 years and 9 months (that is, 1 year spent as asylee+3 years and 9 months=4 years and 9 months).
To the best of my knowledge, the residence requirement is a statutory requirement (per the INA) and cannot be waived. Once you’ve completed the residence requirement and successfully summitted an application for immigration benefit, it is my understanding that you can submit an expedite request whenever your application is pending.
Jamie,
Thank you for the answer. This regulations must have been drafted under assumption that the asylum seeker’s applications/cases will be resolved within short period without waiting for undetermined period like these days that most are waiting for 5 to 6 years or even more for their interview. Isn’t it the time for USCIS to revisit this law and amend it to compensate the asylees by giving them the eligibility to apply straight to US citizenship if they waited for five years. Obviously, they should define the criteria that those waiting during the time for their asylum interview, court hearing or pending decision, should have not committed any crime.
This is a good point – once you file the N-400, if you have a reason, you can try to expedite that process. I wrote about this on January 29, 2020. Take care, Jason
Dear HUSSAIN . Can you please share your timeline … where did u apply for green card and how long ?
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
The I-130 is a petition, not a visa application. So I think if that is the only thing, you should say no. You can, if you want to be extra careful, write in the cover letter or the supplement page (at the end) that your brother filed a petition for you. But that is not an immigrant visa application. Take care, Jason
Hello Jason I have situation I need your assistance . I was approved asylum with my derivative daughter and when I applied four years ago she was a minor . Now , she is over 21 and we are both getting ready to apply for LPR . But , she wants to go on her own to a different state for school and I’m not moving . Will this cause a problem if her application for derivative LPR based on asylum gets sent from somewhere else rather than us together in the same place ? What do you suggest ? Thank you
It should not be a problem, but if she moves and she uses her new address, she needs to file an AR-11, available at http://www.uscis.gov. Every non-citizen who moves is required to do this. Other than that, I do not see any issues here. Take care, Jason
Received my asylum approval on 20 September 2020
Today received my new EAD A05 category based on asylum valid from 9/20/2020 till 9/20/2020 for two years !
Thankfully things are getting smooth after waiting for five years in Virginia the entire journey it was painful but its worth it! Thank you Jason you are always in my pray
9/20/2020 till 9/20/2022
ELII congratulation! If you do not mind can you share your timeline with us so it will help others to compare their cases?
Asylum Office:
First application date:
Interview date:
Any other official request (expedite request, Senator or Congressperson contact or another way of checking )
You shared your approval already. Luckily you received your EAD in 5 weeks which is cool.
Dear firstresponder
Applied January 2016 at Arlington Virginia
In between i expedited couple time maybe twice a year by my self and thru senator office as well but nothing worked
Suddenly i got interview date for September 4 2019
Took me one year until got my approval !
my approval came on September 20 2020 and today received my EAD BASED ON asylum
Ellii, congrats and thanks for sharing. I remember you clearly!
Thank you for sharing and Congratulations on the approval. Take care, Jason
Hi Jason,
I hope you and your team are doing well.
I have a question about filling out the DV Lottery for an asylee.
If the asylee doesn’t have an unexpired passport from her/his home county, how she/he can fill out the DV Lottery form?
If they have to mark Passport Exemption, which one needs to be marked?
“B) Passport Exemption:
I am not required to submit passport information because I am:
1- Stateless (no nationality)
2- A national of a Communist-controlled country, and unable to obtain a passport
from my government.
3- Unable to obtain a passport, and have received an individual waiver of
the passport requirement by the Secretary of Homeland Security or Secretary of State.
I understand that if it is later determined I am not exempt from the passport requirement, I may be disqualified from the Diversity Visa program.”
Also, how bad it will be if an asylee wants to renew her/his home country passport?
Thank you,
I do not know the best approach here, sorry. It sounds like #3 may apply, but I guess it depends on the individual circumstances. I did write about asylum and the lottery on October 5, 2015, but it does not address your specific question. In terms of renewing the passport, if you fear your home government and renew the passport (and they are willing to renew it), that could have a negative impact on the asylum case. At the minimum, you will need to explain why you renewed and why the government was willing to issue you a new passport. Take care, Jason
Jason, I would first ask An Asylee why he or she is going through the stress of applying for DV Lottery visa if s/he is already an asylee. Unless, of course, An Asylee is confusing ‘asylum applicant’ (someone whose application for asylum status is pending with USCIS/EOIR) with ‘asylee’ (someone who was granted asylum by USCIS/EOIR), I am not sure why an asylee would want to apply for that particular visa.
I do not know his/her reasoning but I am going to apply for the DV lottery this year as I applied over the last five years. Seeing the slow immigration procedure here, there is this hope and the second chance to get a Greencard via lottery. Waiting for years and years. no sound, no information, no explanation, the tyranny and despotism in our home countries is killing our lives and making it impossible for us to survive yet the remedy here is not coming easily.DV lottery seems like a shortcut a hope but still a difficult path if you are not holding your previous visa status. For me, I lost my F1 visa after I finish school and find a job that I had to use my EAD. As a person who has not non-immigrant visa status, I am not eligible to fill Change of status form. I am not able to go back to your home country to start the paperwork either, my hope is to try a third country with an acceptable travel document.
I hope all asylum applicants can win this year.
I thought the person was an asylum seeker, but if the person already has asylum, they can still apply for the lottery as a way to maybe get to the GC faster (especially for example, if they do not meet the one year of physical presence requirement). For most people, though, I agree that there is little point in applying for the lottery if they already have asylum. Take care, Jason
Sorry Jamie, it was my bad. I meant an asylum applicant.
Thank you Jason for your response.
I will use #3. And regarding the validate my home country visa, I wanted to validate it to fill out the DV Lottery and I don’t want and I can’t back to my home country.
Also, another reason that I wanted to renew it is my father passed away couple months ago, and my family in my home country tries to separation of his assets. They need my home renewed identification card or passport that both are expired. And I thought, if I renew it I can be helpful but on the other hand, you mentioned that could have a negative impact on the asylum case.
It is really tough that the asylums are stateless here.
Renewing the passport would not normally cause major problems for an asylum case, but you should be prepared to explain why you renewed and – if you fear persecution from your government – why that government was willing to renew the passport. Take care, Jason
Hello Jasón. I have question why do some cases get transferred to national service center instead of Texas or Nebraska center . What is that center , what does that mean ?
Different forms are processed in different locations, and also, USCIS moves case processing to different locations depending on their work load. I do not think there is much meaning in any of that and it is out of our control. Take care, Jason
My case status is not saying anymore that your case has been waiting for 12xx days . But the title is still decision pending. Does it mean that my clock stopped or they just changed content of the message
Is it “decision is pending” or “Application is pending”?
My status states “Next Step Is an Interview”. Does anyone know what is the difference between “Application is pending” and “Next Step Is an Interview”?
When I applied first it was the ” Next step is an interview”. I had my interview in March 2019 then it became “Your Decision is pending” until July 2020 then suddenly it turned out to “Your Application is Pending” If you have not done your interview seeing the “next step is an interview” is normal.
But we do not know why USCIS started to use a different language out of a sudden and change the notification to a generic one without the clock information. We all are waiting for an unknown message…
Are you by any chance from a Muslim-banned country? My status has recently changed like that I am thinking if this means they have started security background checks?
In my case when I took the interview for 6 months, it was “ decision is pending” but after 6 months it changed into “ application is pending.” I think if you don’t get you decision within 6 months after the interview, it changes into application is pending. If you haven’t taken the interview, I think it may only say “ next step is interview.” Hope it helps.
I have seen similar messages to what the other commenters have seen, and I really do not think there is a lot of meaning to many of these messages. When you get scheduled for an interview, the message should change, and that is significant, so you can get ready for the interview and look out for the letter from the Asylum Office. Take care, Jason
I think they just changed their online info and have removed the number of days on the clock. This may be because there are several lawsuits that affect EAD eligibility, and hopefully, they will restore this info to the website once things settle down. Take care, Jason
Hi! I was told by my lawyer that I need Refugee Travel Document whenever I travel and I cannot use passport from the country I escaped from even though it’s still valid. However, when I was coming back to US I was told by the officers on the border that I do NOT need it if I can use my valid passport. But my lawyer is convinced that this is agains the rules of being a refugee. Is this true?
Lolita, I believe for Jason and his readers to advise you- or give their opinion rather- based on their experience and knowledge, you’d first need to tell us what your current immigration status is. Using your country’s passport depends heavily on your immigration status, the reason for the travel, and whether your country’s government was the the persecutor. Even so, you must understand that there are risks.
You should also understand that it is advised that, until you become a U.S. citizen, you must use a Refugee Travel Document (RTD) or Re-entry Permit when you travel. The reason for this is to avoid being accused by the U.S. government of availing yourself of the protection of your government (the country you fled). According to Immigration Equality, “If an asylee travels with the passport issued by the country from which she has been granted asylum, she can be seen as availing herself of the protections of her government which could lead to a finding by the U.S. government that she no longer needs asylum protection.”
Also, USICS says that “If you applied for asylum on or after April 1, 1997, your asylum status may be terminated if the U.S. Government determines that you have
voluntarily availed yourself of the protection of your country of nationality or, if stateless, country of last
habitual residence. See section 208(c)(2)(D) of the Immigration and Nationality Act (INA), 8 USC
1158(c)(2)(D).” One way asylees/refugees show availing him/herself is traveling on, or renewing, the COP’s passport.
You have more leeway when you become a Lawful Permanent Resident (“LPR”). You should prepare, though, to explain why you obtained or travelled on your COP’s passport (even after you’ve adjusted your status to that of LPR) to an immigration officer or during the citizenship interview.
Sorry for not mentioning my status. I’m an asylee and GC holder.
Thanks for you replay. This is not a rule though – right? It’s recommended based on the risk what USCIS could think. Which is actually quite silly, because I’m looking at I-131 instructions and it says: “Unless you have other appropriate documentation,
such as a Permanent Resident Card and passport, you must have a Refugee Travel Document”.
This information is not clear and I feel like most people would use their passports (if they are already available and valid) – not because they want to receive any benefits from COP but because:
1 – RTD are expensive 2 – wait is very long sometimes (I have been waiting for 8 months) and 3 – we need visa for almost everywhere and 4 – because it doesn’t state anywhere that RTD is necessary if you have GC.
LOLITA . May I ask which state did you apply for your green card and was it fast ? I am ready to apply from New Jersey . Please share your timeline if you can or tips .
Hey Karen! It took around 5 months and no interview, but this was last year so I’m sure it takes longer now because of the pandemic and backlog. I have applied in California.
As an asylee, I do not know how you use your passport to re-enter the US. Would you be entering on an old visa? If so, that seems improper. I think you really should have the RTD. I do agree that it is a pain, and the fact that it is valid for only one year is ridiculous. Take care, Jason
Oops – I mis-read this. If you have a GC, that is better. I agree with what I said in the first response…
I should have read this before I answered – I agree with Jamie. Thank you, Jason
If you are an asylee, you need the RTD to re-enter the US. If you have a green card, you can use that. However, it is always better for asylees (even after they get a GC) to have the RTD. If you use your passport, it could raise suspicion that you lied about your asylum case (since you are using a passport from a government that wants to persecute you). This is less of an issue of you fear terrorists or other non-state actors, for example, as opposed to the government, but it is always better to use the RTD. That said, I have had many asylee clients use their passports, and no one has had a problem yet. Nevertheless, a problem is possible, especially given the Trump Administration’s hostility towards asylum seekers, and so it is safer to have the RTD. Take care, Jason
Hi Jason,
I am a Asylee and my GC application and Refugee travel Document is pending at the moment (at NSC).
I have a question:
1. After i receive my GC and after my first Refugee Travel Document expires( in next 1yr), can i apply for Re-Entry Permit instead of Refugee travel document and travel with that?
Or is it still recommended to apply for new refugee travel document after having GC?
Reason i want to apply for Re-Entry permit after my first refugee travel document expires is because:
a) In Re-Entry Permit, front page they dont mention i am a Asylee and only mentions i am a PR holder. Which will help me to hide my status (Personal Reason).
b) It is valid for 2 years which is a relief.
Let me know what do you recommend?
Thank you.
The purpose of the RTD is to serve in lieu of a passport. Not all countries accept the RTD, but many do. The Re-entry Permit is not designed to serve in lieu of a passport – it is designed to let you re-enter the US (and it is not always issued for two years – sometimes, it is issued for one year – check the instructions). I do not know if other countries will accept it or if you will need to use your passport. Maybe you can contact the countries’ embassies that you want to visit and see what they say. I do agree that the RTD is a pain, and also exposes you as a refugee. Further, why it is issued for only one year, I have no idea. Take care, Jason
I Read this in the internet and thats what is confusing:
It says i can use re entry permit in replacement of passport can you help verify this for me please?
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A Reentry Permit allows a U.S. permanent resident to reenter the United States after traveling abroad for longer than one year but less than two years. The Reentry Permit can serve as a passport for a U.S. permanent resident if he/she has no passport and cannot obtain it from the country of his/her nationality.
I have not seen that and I do not know the source, so I really can’t say. I suppose if the country you want to visit accepts the Re-entry Permit instead of a passport, then you can use it, but the real purpose of that document is to re-enter the US; not to substitute for a passport. Take care, Jason
Hmmm, the reason why I wouldn’t go with re-entry permit is the difficulty traveling when not so many know about this document. Even with RTD, I was pulled so many times on the side while they were trying to figure out what the document is, make phone calls etc (Germany, Denmark,etc). Once when I came to check-in on LAX they said this was not valid form of passport and then I had to ask for a supervisor.
It’s such a hustle already, I feel like re-entry permit would be worse.
Know your rights.
Recently I watched Netflix documentary “American Murder: The Family Next Door”.
While I personally feel Chris’s confession is not coerced, it’s really a good example of why you need to know your rights.
The police will use many misleading and pressure tactics to get a confession. Innocent people make false confessions all the time or else voluntarily provided evidence that can be used against themselves. If Chris knows his rights, he might not talk to police without an attorney, very less likely to give a very damaging confession and might have a better plea bargain.
Good advice, and the situation is even worse in Immigration Court, since you have fewer rights than criminal defendants. Take care, Jason
Jason,
Thanks for all the help. My application for a green card was received on Sept 15th. Until now, they have not even cashed my check. My friend, whose application was received four days after me (Sept 19th), has already received an acceptance noticed. What can I do in this situation, and how can I contact USCIS? I was cautious when filling the forms and made sure I got everything right. I am afraid they might have rejected the form as in the USCIS website, they state that applications are processed as they are received. So technically, I should have received a notice before my friend. Please any info will be helpful.
Thanks.
Receipts are often taking 4 or 5 weeks, and so I think you just have to wait a bit longer. It is not my experience at all that cases are processed and receipts sent in the order received. Some cases go faster than others and there is no explanation, and so I think you will get the receipt soon. If USCIS rejects the application for some reason, they will notify you about that and you can then re-send it. Take care, Jason
Hi Jason, Do you normally advise your clients to file an appeal with BIA if the IJ denies the asylum case? Is it worth the try and If so, how long does it take for BIA to take a decision?
It depends on the decision and the client’s goals. I tell the client about what I think the odds of success are, and explain why, and then they can make their own decision. Most people choose to appeal. The time frame is not very predictable – most cases seem to be about 1 or 2 years, but some cases are faster (or slower). Also, detained cases are probably 3 to 5 months. Take care, Jason
Hello Jason,
Thank you for all do to give hope to this community.
I recently decided to add my case in the uscis account login and not the uscis case status log in but but the system said there is no case open with my receipt no but the online status tool says decision is pending.
Does anyone have the same issue?
Would appreciate a response
I have not tried to create an account after the form was filed, so maybe USCIS will not allow you to do that. Maybe someone else knows. Also, maybe you can call USCIS (00-375-5283) and they can assist with troubleshooting the account. Take care, Jason
I added my cases via case status login and am able to access all the case history/ actions consistent with the paper notices. Also, there’s an app “Case Tracker” which is very handy too. Good luck.
Hi Jason,
I have received my green card based on my marriage last year, I have asked my lawyer to send a letter to asylum office and request a withdrawal of my pending asylum, the letter with copy of my green card was mailed to asylum office back in April with no response, they have sent the files again on July also no response. My question to you is there any way that we can follow up on this or is it normally take that long and in case if meanwhile I get scheduled for asylum interview what should I do.
Thanks
It can take a while for them to close a case (I think the last time I did this, it took most of a year). If you sent the request by regular mail, you might send it again by email. You can find their email address if you follow the link at right called Asylum Office Locator. They are sometimes more responsive by email. If you are scheduled for an interview, you can email them again and tell them you have a GC and wish to close the asylum case, or go there and do that in person. I suppose they can force you to do the interview, so you should be prepared in case that happens, but I think it is unlikely. Normally, they are very happy to close and case and save themselves some work. Take care, Jason
Yes,
can you share your timeline please? When you applied, interview, which office, any expedite request, etc.
I want to share one of my frustrations here. It is not you the subject here, do not feel offended, but what I see here on this page, you guys are coming here anytime you need an answer; “Jason help me!”, “Can anyone help”? You are writing and responding very quickly until you get your answer. But this panic and responsiveness are disappearing after you solve your problems. Why no one is updating the result of their situation what you did and how it ended. We are trying to build a knowledge legacy ocean here Jason does the most work. Share your experience with us who are still struggling with the procedures. Often times I am seeing this; one person is asking for help and they got their guidance, do something accordingly to solve the problem then till next problem he/she is gone.
Please visit the page after you get what you want and thank everyone starting from Jason and tell us your story.
Thank you Firstresponder for pointing this out.
Infact ,there was a particular one (I don’t remember his/her user name), that was freaking out about a letter he/she received.about his case decision .
Most of us encouraged him/ her.
He/she responded to all that was said, and always had additional questions.
Once he/she received the approval letter, he/ she came and announced it here, and never came back, or answered any questions.
There are so many like that, so thanks for pointing it out.
What a nightmare!
Vote for Biden! The immigration stuff is just one of many many reasons to do so. Take care, Jason
Indeed Jason. But I cannot vote, I would preach for it definitely. Thanks
You can tell your friends to vote – unless they plan to vote for Trump. Then tell them to not vote! Take care, Jason
😊
Hi Jason,
Hope your doing good.
Am going to ask you two question.
1) last year my asylum was approved in asylum in office and i have the ( approval letter and A05 EAD card ,
I94 card ). This morning i received a Email which is below. have you had any issue similar like this.
Receipt Number: ZSF18000xxxxx
Application Type: I589, APPLICATION FOR ASYLUM
Your Case Status: Decision
We reached a decision on your application. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what to do next.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
2) I applied Adjustment status this year in July 2020
this morning my case shows it was updated and New Card Is Being produced.
Could you please tell me what happen to my Asylum case and I485. Am totally confused .
Thanks,
John
wow, it appears your green card is approved. that’s super fast. which service center did you apply too? Texas or Nebraska?
Iam in Washington and the service center is Nebraska.
I applied my case in 2015 and last year my case was approved.and then July 2020 applied for LPR. Can anyone tell me what happen to my Asylum case .
John ! Why are you not jumping from joy ??? You just got approved for green card when they say new card being ordered it means you are a permanent resident . No longer Asylee . No more headaches ! Focus on life and have a cocktail ! Cheers
Thank you for the information sharing John.
It seems you are facing a technical glitch as the USCIS is updating all its check case status practices. We all are having updates from the system the ones that we completed. Like mine, I had my interview last year in March and was waiting for my decision. My status was “My decision is pending” Last month I had a notice and update says My application is pending which was the previous status before the interview.
I am guessing you have no problem with the asylum and will receive your green card soon.
Please come back once you receive an official answer or change
👍🏻Sure will share you the update.
Bravo John ! You just became a resident ! I am having a drink because of your news . IT HAS TO BE CELEBRATE FRIEND !!! Wooooh
Hi john
Can you give please tell me what after they and you the receipt number did you go to biometric appointment , cause mine 08/10/2020 is the day they received but no new after that intill now .
Hi john , if you don’t mind me asking . What state did you apply from ? Thank you
Many blessings ! From what part of the country did you apply ? Let’s celebrate ! Wooho
1 – I have not seen that, but my guess is that it is just an error. But if you want, you can email the asylum office to ask them. You can find their email if you follow the link at right called Asylum Office Locator. 2 – It is possible that your green card was processed that quickly, but it seems unlikely. Most people wait much longer, but these things are very unpredictable. In terms of the GC, I would wait to see if anything happens. You can call USCIS to ask if you want: 800-375-5283. Take care, Jason