As I write, we still have no decision, and the election rests on the edge of knife. Perhaps Joe Biden will manage to pull out a win, but I am personally feeling deeply pessimistic. Once again Donald Trump has proved the pollsters wrong and he and his fellow Republicans have exceeded expectations. There will be time later to ask “What Happened?” (as Hillary Clinton did after the 2016 election), but here I want to reflect on a few more personal notes.
First, for me at least, yesterday was not all bad. My intrepid associate and I were in Immigration Court representing a gay man from Russia. His case was pretty typical: He suffered many threats (in person and spray painted on his door), he was beaten up a few times (once ending up in the hospital for three days), ostracized by his schoolmates, mentally and physically abused by his parents. You know, the usual for a gay person in Russia. He also happens to be a popular blogger, with some of his posts garnering close to one million views, but this work was done anonymously and so was not something we could hang our hat on. After testimony, DHS opposed asylum. The Immigration Judge explained his reasoning and why he felt that the harm suffered rose to the level of persecution. He also explained why country condition evidence convinced him that there was a likelihood of future harm. After he explained himself, the DHS attorney agreed not to appeal and our client walked out of court as an asylee.
Having done enough of these cases, I can tell a strong case from a weak one, and this case was fairly strong, and so I believe the outcome was correct under existing law and precedent. But there is more here than that. The Immigration Judge listened to our client, and so did DHS. They were polite and professional. They were respectful. The DHS attorney challenged my client on certain portions of his story. That is her job and she did it courteously but firmly. In short, the system worked for my client because the IJ and the DHS attorney respect the rule of law and believe in due process. When I have a case with this judge and with this government attorney, I know that even if my client loses (which we sometimes do), we will have been heard and treated fairly. This is Justice. And though our immigration system is under daily assault, Justice can sometimes still be found almost four years into the Trump Presidency.
Second, as I was perusing Facebook during my copious free time, I noticed a photo posted by a former asylum client, now a U.S. citizen. He was voting. Then I saw another, and another.
Once a person wins asylum, she must wait one year before applying for a Green Card. Once she applies, it used to take about a year to get the approval. Lately, that wait time has increased to over three years. Once the asylee gets a Green Card, she must wait four years to file for citizenship. The citizenship application typically takes another year or two. Finally, the former asylee becomes a United States citizen. So from asylum grant to U.S. citizenship can take anywhere from six to eight years, or more (and remember, before that, most people waited a few years to get asylum, so the total journey can easily be 10 or 12 years).
I have been in the business long enough that a number of my asylum clients are now citizens. Since my Facebook skills are such that I do not know how to block them from becoming my “friends” (I’m thinking of you, Ali), I get to see what they are up to here in the States.
The voters I saw were a woman’s rights activist who created an organization to educate hundreds of young women and girls in Afghanistan. She was threatened by the Taliban and forced to flee to the United States. There were veterans of the Green Revolution in Iran–activists who stood up to that vicious regime in an effort to move their country towards democracy. There was a democracy activist from Egypt and a journalist from Pakistan. There were family members of a diplomat who was assassinated in his country.
Most of these new citizens continue to engage in political activity to support democracy and human rights in their homelands. All are working productively in the United States.
Whatever the results of the election, and whatever the opinion of my fellow Americans about asylum seekers and refugees, I know the truth because I see it with my own eyes every day. Asylum seekers, refugees, and immigrants are some of the most patriotic people I know. They contribute mightily to our nation. And despite all its flaws, they still believe in America, and in the American dream. Their goodness and their faith help me to try to believe as well.
Hi Jason
I am working on my Ead renewal application.
Last time in 2018 I sent a copy of fingerprints
I767 and paid no fees for biometrics with renewal fees. Is it still the same?
Thanks
You have to check the I-765 instructions, available at http://www.uscis.gov, but most applicants now have to pay the fee plus the biometrics fee ($410 + $85 = $495). Take care, Jason
Hi Jason! I hope you’re doing well 🙏🏻.
Jason , if you remember me…judge order removal in 2019. I appealed that decision but no dates or no answer untill now. August 10 I decided to leave the USA and return back home because of my wife and my family . I haven’t seen them 7 years and my dad is really sick so i was scared I’m gonna loose my dad without seeing him anymore. Now I’m back home here and life is really really hard. To he honest I can’t go out I stay only inside in my home because I’m scared to go out . I feel that I’m going ti be hurt. Now I’m looking to come back again in USA because I’m so scared over here. My question is: If i enter one more time USA, can i reopen the case , do i need new evidence?!! And if they take me to jail are they gonna let me free in USA until the court is done or they gonna keep me in detention center for all the time ?!
This are some of my concerns.
Jason, I really appreciate your time and help !
God blesse you
You can check the status of the appeal if you call 800-898-7180 and enter your Alien number. However, if you left the US, it is considered a deportation and so it is very unlikely you can get a visa to come back legally, at least not any time soon (though maybe you can get a “waiver” to return – but that will be very difficult too). If you could somehow get back, and if your case is done, you can try to reopen it, but that will likely be difficult. If you arrive at the border without permission to enter, you would likely be detained, and it is unlikely you would get out unless you could somehow win the case. All this will be quite difficult or impossible, and I would not try it unless you talk to a lawyer first about the specifics. Given the outcome of your case and that you left the US, you are probably better off seeking asylum in some other country, but if you want to return here, talk to a lawyer first about the specifics to at least know better what you are up against. Good luck, Jason
So Jason if i enter the US border and I’m in US , free not in jail, I can’t reopen the case and still continue working and having “normal life” ?!!
I do not know if you have to reopen the case if the appeal is still pending. I think if the BIA learns about your travel, they will deny the case, but if they do not know, the case will still be pending (until the BIA issues a decision). I would talk to a lawyer about the specifics of your plan, as I do not know how they will treat you if you return, and I do not know that you would be eligible to reopen if the case is closed and you are back in the US. Take care, Jason
I traveled through airport . But they didn’t give me nothing . Even my passport is clear. I called the number you provided to me & the case is still pending
I don’t know what to do right know. Only thing i know is that life here is very hard and i have new evidences
Thank you Jason
If the case is still pending, maybe you can file a motion to remand back to the Immigration Judge based on the new evidence. I think you would probably want a lawyer to assist you, as that is not so easy. Take care, Jason
So Jason, if I’m in US, and not in Jail, can i reopen the case with new evidence and still be free and continue working untill the next decision
Hello Jason,
Current form I-485 on USCIS website states that it expires on 10/31/20. How fast do they update the form and what are the consequences of filing an expired form?
Thank you very much <3
If you look on the I-485 web page at http://www.uscis.gov, they list the edition dates that are acceptable. As long as the edition date is acceptable, you should be fine. If you file an expired form they will reject it and return it to you. Take care, Jason
Hello,
Hello,
I have a removal withholding status since 2007. I entered to the United States through border. I’m married and my wife is a USA citizen. Also we have 2 children, both are born in the USA. Is it possible for me to adjust my status? If so what are the options? Please advise.
Thanks,
Elias
It may be possible, depending on the case, but it probably requires you to leave the US. You would need to talk to a lawyer about specifics. Also, I did blog posts on August 28, 2018 and September 6, 2018, and those may help give you more of an idea. Take care, Jason
Hi all,
Has anyone been able to submit a request to expedite? I called USCIS number and wasn’t able to reach an agent. The automated voice also is not very helpful when it comes to expedited requests. It will just deflect to “I can help you with your request” then send you a link that tellS you to call USCIS.
Unbelievable!
It is sometimes possible to speak with a person, but you have to get through the maze first. You can also submit an expedite request in writing – include a copy of the receipt and send it to the last address where you received correspondence from USCIS. I wrote about expediting with USCIS on January 29, 2020. Take care, Jason
Hi jason I have a concern . Would it hurt if I put an expedite request on top my i485 application . Would that cause them to deny because of that letter asking them for expedited treatment ? Thank you
Not at all. You can do that, and include some evidence about the reason you need to expedite. Either it will help make the case faster, or it will have no effect. I wrote about expediting with USCIS on January 29, 2020. Take care, Jason
Hello Jason , I would recommend if we can sign a petition or send a letter to VP Harris ,to grant front line health care workers (RNs ,EMTs,secretaries etc..) green cards for their efforts during Covid crisis. same as Canada did .may this work ?
Assuming she comes into office, I suppose it can be worth a try. However, something like this would likely need Congressional action – the President or VP alone would not have this power. And so the effort would need to be broader than just the VP. Take care, Jason
What I’d certainly recommend is that a lawsuit be filled to force USCIS to process I-485 applications in a timely and fair manner. It’s outrageous to have a 45-month processing time for asylees, who already waited 1 year to apply! Asylees and refugees need not wait 4 or 5 years for a GC as they’d have already gone through a rigorous-and unforgiving-interview and background check system.
We also need to lobby and advocate for:
-Changing the unfair and ridiculous LIFO system for I-589 applications! Go back to FIFO
-Removing the travel restrictions for Green Card holders who adjusted status based on asylee status. This removal must also include removing any penalty for renewing, applying for, and using the COP’s passport. Adjusted asylees must also be able to return to the COP, at their own risk, to visit family or make short, infrequent trips that do not constitute abandonment of residence, or availing yourself of the protection of your government. Restricting asylee-GC holders from visiting their loved ones, whom they haven’t seen for up to 15 years, and sometimes more, is cruel and inhumane. The more permanent status, by virtue of adjusting your status to LPR, means the GC holder can flee the COP if a threat arises
-Extending the validity of the RTD- a very expensive document- for asylees and refugees to a minimum of 2 years, and a minimum of 5 years for “asylee-GC” holders. The RTD should be optional for asylee-GC holders as obviously some asylees/refugees are not able to get a passport from their government/COP
-Removing the cruel and inhumane 1-year wait for EAD eligibility (outrageous!)
-Removing the I-589 application fee (not consistent with humanitarian principles and clearly, like everything else, implemented to deter asylum applicants)
-Hiring more USCIS officers and immigration judges. With the fee increases, they certainly can afford to hire more USCIS officers and immigration judges, particularly those that adjudicate asylum cases
-Increasing the refugee admission number to numbers before this current administration
-Give DACA recipients a more permanent status that ultimately would end up in citizenship (it is the moral and practical thing to do)
-Making their website more useful- for example, you could upload request for evidence (“RFE”) documents on the website. You should be able to use the USCIS website, from a functionality standpoint, for a myriad of reasons- not just to read information! For God’s sake, it’s almost 2021!
-Modernizing the immigration system, such that people who have been in the U.S. working and contributing to the economy, studying or studied at U.S. colleges and universities, etc. can gain permanent residence. There should also be a point system, like the one used in Canada, for immigration purposes
I- and this is my personal opinion- don’t subscribe to the idea that you should skip the immigration line because you provide(d) essential services, or you work(ed) on the frontline during the pandemic. What I would like to see is a fair and working immigration system.
Filed*
Very powerful thinking, JAMIE! I would also love to see Asylees having their Green cards backdated to date of Asylum approval. Imagine waiting 5 years for interview plus 1 year for decision. Then now you have to wait another 4 years for a GC. then another 4.5 years to Apply for citizenship.
I agree with everything you said. You know, I had to leave my country to live the life I wanted without fear. But I miss my mother so much. Even though I know she doesn’t agree with my sexuality, she is still my mother. The reality to just see her for a few days would be sufficient. To really wait 5 years; potentially longer to do that is ridiculous. But, I have to remind myself, it is what it is.
I can’t afford to jeopardize all that I invested in this life-saving process. But its the fear of losing my mother that scares me often. The worst part not being able to go back if she dies. Not that she is poor health, but I didn’t expect a pandemic possible of wiping out people like my mother either in 2020.
These are all good suggestions and many stake holders are putting proposals together. Some ideas need Congress; many do not. I hope to make some suggestions as well. I will feel better doing so once the election is actually over, hopefully with the result the majority voted for. Take care, Jason
Hi Jason and this beautiful community,
I submitted an EAD renewal for my wife last week November 2nd, no sign of action yet no withdrawal from the bank or receipt. I wrote two checks for two different fees (EAD and Biometric) with the right amount. Together or separately would not change anything right? They were not waiting for this many days before. Is it normal?
I think it can take a few weeks. We always send one check per case. The fee for most people these days is $495. I expect you will get the receipt in the next few weeks. Take care, Jason
FIRSTRESPONDER,
You can also call USCIS to ask if your application is already in the system. They sent me the receipt in less than 2 weeks.
I see that USCIS still adopts the old forms with the old immigration fees for i-485. What happened to the fees-increase that had to take place in October-02-2020? Did they postpone it? till when?
It was blocked by a court. That could change if the court issues a new ruling, but I do not know when that is expected. Take care, Jason
Hello Jason,
Last week I have sent email to San Francisco asylum office to ask how to withdraw my asylum application? Since I got my green car due to marriage. I did not heard back from them, how long I have to wait ? can I call them or do i need to call customer service?
Thank you
Normally, SF is pretty responsive. You can try to call, and/or you can email them again. Hopefully, they will reply soon. Take care, Jason
Hi Jason,
Hope you are doing great.
Biden said below on presidential debate
Biden: I’ll give pathway to citizenship to 11 million undocumented immigrants | PRESIDENTIAL DEBATE
https://www.youtube.com/watch?v=VbzEuEr7Fio
What is the odd to make it happen ?
Thanks,
Amy
Amy,
If you are pending asylum like me, you do not belong to any the categories he talked about..
I thought you were going to ask about his plans for people stuck on the dark hole of backlogged cases.
Yes, pending Asylum. Backlogged cases. All the best Tina.
I highly doubt this will happen, especially given that he needs Congress to get that done and if the Republicans control the Senate, I think there is no chance of that. Having said this, the Democrats still have a chance to control the Senate if they win the two races in Georgia. I encourage people who are interested to assist with those races. Take care, Jason
Hello Jason,
There is no place inside the i-485 instructions (the PDF file) asks to provide one-year of physical presence inside the US. However, on the page of “Green Card for Asylees” under “What to Submit”, USCIS is asking both principal applicants and dependents to provide such evidence.
1- Do you usually send such evidence with i-485 application for asylees?
2- What can I use as evidence? pay stubs? utility bills? or something else?
1 – I normally do not send it, and we have not yet had a problem, but there is no harm in sending it. 2 – Yes and yes. You can also send letters from people who know about your travels, a copy of your passport showing entries and exits, a letter from your employer listing any absences, school transcripts. Take care, Jason
Hi Jason,
My case is currently pending in court – waiting for my MCH. me and my partner who is a citizen have decided to get married. Can you please direct me on what steps are required?
Many thanks
I did a post about this on August 6, 2018 – That should give you an idea. Take care, Jason
Breath holding period! Who are next, affirmative cases? https://www.theguardian.com/us-news/2020/nov/09/us-to-send-asylum-seekers-home-to-cameroon-despite-death-plane-warnings
This is sad Tina. Non-refoulement is one of fundamental principles of international laws. To see that happening in the US is a tragedy.
Hello Jason,
In need of your help to navigate out from the following situation.
scenario,
1. Asylum got approved from court in State (A)
2. Received new updated I-94(temporary GC) from USCIS from state (A)
3. received a work offer letter from state (B)
4. Old SSN still has restriction from DHS authorization only.
5. EAD from asylum valid until April 2021.
Questions:
1. Does he/she need to apply new SSN in same state where his/her case got approved?
2. Can a person move to state (B) where he/she got job offer and update his/her SSN even though his/her case got approved from state (A)?
My priority is to get New SSN(without restriction) to start new Job to avoid EAD hassle.
Thank you and really appreciate your effort to help us out here.
VEE
It should now matter where you live – the EAD and the SSN are both federal (as long as you update your new address with USCIS using form AR-11, available at http://www.uscis.gov). You should be able to contact a local SS office and they should help you get the unrestricted card. Take care, Jason
Hi Jason
Uscis rejected the renewal of my ead because my bank check. , uscis asked me to pay $30 rejection fee which I paid recently. I am planning to resubmit my application. Is there any special instructions to follow for submission of rejected application? Is the fee remained the same? Thanks
For most people, you now have to pay the biometric fee, and so the total fee is $495, but check the instructions and the I-765 web page (available at http://www.uscis.gov) to be sure, as things are constantly changing. Also, include a copy of the proof that you paid the $30. Take care, Jason
Hi Jason,My individual Hearing is on January 28th in NYC Federal Building.Due to change of president do you think,it will be helpful for my asylum case?I applied asylum for the sickness (Rare disorder) of my baby for humanitarian ground my daughter is US Citizen.please tell me something.Thanks
If Biden comes in, I expect he will roll back some of the bad changes that Trump made, but I do not know whether that would affect your case. Hopefully, you have a lawyer to help you, as it is not easy to win asylum based solely on the health issue of a family member. You need to show that someone (like the government or a terrorist group) will persecute you. Maybe you can argue that your child will be denied treatment because the government does not like you due to your political opinion, religion, etc., but that is a bit of a tricky argument. Talk to a lawyer about the best way to present your case. Also, if you were in the US for 10+ year before you received the Notice to Appear in court, you may be eligible for Cancellation of Removal. That is a common path for people who have US-citizen children with health problems, but you have to have the 10 years in the US. Good luck, Jason
Dear Jason I need your help . Can you provide me with a list of easy to obtain documents that PROVE ONE YEAR PHYSICAL PRESENCE in the US ? USCIS is asking RFE for my I485 . Thank you
I gave them my 1 year payrolls document, hope it will help
It depends on the case, but common ones include: Copy of your passport showing any exits and entries, tax documents, employment and/or school records, lease or mortgage, utility bills or other bills, and letters from people who can attest to your physical presence in the US. Take care, Jason
Hello Mr Dzubow, i am reading your blog since 2016. Very helpful and informative. I have a question. So me and my family all adults filed our asylum in October 2016 and have been waiting since. In 2018 the policy was changed and the cases went in back-log. Now that the new president is elected. What are your views on the asylum backlog when he takes over the office. Do we still have to wait for the policies to change or is there a chance that we will finally be heard? Thanks
Heelma, I understand your concern and sympathize with you about being put in the backlog. However, I am not sure if anyone, including Jason, at this point, can give a definitive answer to your question. What we can do, however, is hope that things will improve and fairness, decency and humanity will prevail.
At least in my local office (Virginia), they are starting to interview some 2016 cases. They seem to be choosing them randomly, but we’ve had 3 or 4 interviews scheduled in the last month or so, and so there is some movement. I do not know about other offices. If Biden comes in, I do not expect any big changes with the backlog. In fact, if he is focusing more on the border, and deploying asylum offices there, it may cause the backlog to move even more slowly. I think it will depend on how resources are being used, but regardless of who is President, resources are limited, and I think we will have to see whether there are any new ideas to improve the backlog. I personally have some ideas, and I am sure others involved with the system do too. Anyway, we will hope for the best and wait to see. Take care, Jason
Well, I hope this is a path to hope for so many who have been struggling to make this idea called America home. Keep in mind, asylum wasn’t easy under Obama either, but it wasn’t on the brink of being destroyed like it was over the past 4 years. I really hope with climate change, repairing relationships with other world leaders, immigration, as well as the economy, will prioritized in the new year.
I got this article on slate about Stephen Miller, good read!!
https://slate.com/news-and-politics/2020/11/stephen-miller-family-separation-goodbye-trump-administration.html
jason : BIDE IS ELECT PRESIDENT !!!!! Any words ??? HOW DO. YOU FEEL ? SAY SOMETHING I KNOW YOU FEEL EXPLOSIONS
I was actually out of town when the results were announced, and so I was not posting. Frankly, as a confirmed pessimist, I will not feel relief unless and until he takes office in January. I am still very concerned about Trump’s efforts to subvert the results. I think it is unlikely he can successfully do that, and I am obviously happy that the popular and electoral votes went to Biden, but I am still concerned about what Trump will do. Hopefully, he will turn over a new leaf and respect the rule of law for once, but I am not counting on that. Anyway, I am hoping for the best. Take care, Jason
Jason, well said! I concur with everything you are saying.
Let’s hope that he goes and that we never hear of him again. Take care, Jason
Jason,
I don’t know what the future holds but I want to thank you from the bottom of my heart. You have been a beacon of hope to a lot of us for the past 4 years.
Thank you Sir!
Hopefully, Biden will be able to come into office and Trump will not burn the country down to remain in office. If Biden comes in, great challenges will remain, but at least the atmosphere will be less poisonous and there will be a greater respect for the rule of law. Take care, Jason
I hope Texas treat us fairly and give us opportunity to become good citizens!
Congratulations to all freedom loving people of United States. Hope next four years will bring some positive changes and respite for Asylees.
Congrats,
People say presidential elections don’t affects the lives of common people, they might be right. But for sure they do affect the lives of immigrants. We are also “common people”.
Go Biden Harris
😭😭😭😭😭😭😭 Decency!!!!!!!!!!
Humanity!!!!!!!!!!!
Hey, all, Joe Biden has been declared President-Elect! Waiting for updates.
Empathy!!!!!!!!!!!!
TINA, let’s keep our fingers crossed. Hopefully the courts don’t rob Joe of the election and Trump will concede the election.
The courts I believe will put country before politics .
I hope I am right!
I hope so too. Take care, Jason
Hi Jason.
Thank you for your informative blog.
Are there any 2014 cases that have not been interviewed at Arlington. Do you know which backlog year Arlington is interviewing now. Take Care.
I think there are some cases from November and December 2014 that have not yet been interviewed (and maybe from before than as well, but I am not sure). We have been getting some interviews for 2016 cases, even though we have plenty of 2015 cases that have not yet been interviewed. It is very unclear how they are choosing cases to interview. It seems random. Take care, Jason
Hello Jason,
I read your article from 2017 re a short-list request for asylum cases. My question is, is it still possible to put a case on the short-list? and Which states support it?
Thank you in advance
I filed in 2015 at Arlington, VA. I am also waiting for my interview.
Some offices have the short list and others do not. You have to contact your particular office to ask about that, and how to get on. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Go Biden!!!!!
Hey Jason,
After 4 years of waiting a decision of my asylum application, I received a below nonsense update. Do you think it means something:
Your Case Status: Initial Review
Your application with USCIS is still pending.
You must wait 365 calendar days after you file your application before you apply for employment authorization. If there is an unresolved applicant-caused delay on the date you file an application for employment authorization, we will deny your application for employment authorization.
If you move, within 10 days of moving you must update your mailing address, online or on paper, at http://www.uscis.gov/addresschange.
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant’s/petitioner’s criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators. If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.
Log-in to your myUSCIS account to view your case history and understand what you can expect to happen next on your case.
Current processing times can be found on the USCIS website at under Check Processing Times.
I received this kind of update last year, followed by application pending status and then decision pending status updates. one of my friend had the exact same update recently. I do think this means there have been an update on you background check result and the system generated automatic status report for mail. they recently replied to my expedite request saying that they need a second interview for me before making decision. so there is a possibility that they may have decided to schedule a second interview for you as well, since you status is changed from decision pending to application pending in the system. I expect it changes to decision pending in 1-2 months as it happened to my and one of my friend. This could also mean that they finished background check for you so they can issue a decision after another interview (my personal experience). I am in the same boat and I am planning to file mandamus lawsuit now if they take too long to schedule the 2nd interview.
Thank you Alex for sharing this. Hope I hear something from them soon. I am sick and tired of waiting
You were totally right Alex, my is back to decision pending just after one day. Fingers are crossed as I await whatever decision they will come up with
which office was it?
Chicago
It is a standard response – the case is pending. You can contact the asylum office directly to inquire – you can find their email if you follow the link at right called Asylum Office Locator. You can also inquire with the USCIS Ombudsman, an office that can sometimes help with delayed cases. A link is also at right. Take care, Jason
Dear Jason,
I have a question following up on your article: Let’s say that an asylee applied for a green card and waited 3 years to have it, will the green card be dated back to his date of grant of asylum? ( 3 years) , will that be counted in the 5 years wait to apply for citizenship? Thank you!
Unfortunately not. The GC is back-dated one year for asylees, no matter how long they wait to receive it. Take care, Jason
Hi Jason,
Today I was watching an interview of an expert, who is currently working in one of the leading think-tanks in DC, shared his expert view about the recent security situation in my country. His interview reflected the potential threats against individuals like me if I return back to my original country. Can I use his interview as an expert witness in my asylum case?
He would only be an expert witness if he comes to your interview or writes a report for you. But certainly, you can use his interview as evidence in your case (you should try to get a transcript, as they will generally not listen to an audio interview). In fact, you can use any type of country condition evidence you find on the internet – but you should try to use more reliable sources (like established organizations, experts, and news outlets), as they will be given more weight (i.e., treated more seriously) by the asylum officer. Take care, Jason
Hi Jason,
Hope you are well !
As you said, I waited for my interview 5 years (in backlog) granted this year, have to be present in U.S until next year then wait to get my green card to be processed maybe another 2-3 years. After this process wait another 5 years to apply for citizenship. Almost 14 years. During this period I will pay for renewing my 4rd EAD and renew second RTD and pay more and more and wait and miss your loved ones and family in overseas in order to be recognized between this Nation.
I wish at least, when I send my I-485 form on March 2021 they would consider that I applied for I-589 in 2015. But probably they won’t care when I applied or how long I waited on backlog . They would care when I am became an asylee. Do you think there is any way that I could send a cover letter or anything once I apply for I-485 and request for my green card process to be earlier?
The point is, we all know that other people are still in backlog since 2014-2015 and waiting for their interview. I expedited 3-4 times my case then got my interview. Thanks God! Other people who apply after me maybe they became a resident and moved forward in their life..
Thank you for your articles and advices again.
God bless you
Leyla
You can try to get them to process it faster. I wrote about expediting with USCIS on January 29, 2020 – maybe that would give you some ideas. Take care, Jason
I’ve been checking this blog periodically over years and I read a comment a while ago that resonated with me, that people didn’t come back to provide updates with good news only with questions and so it was hard for people in similar situations to use other people’s experiences as comparison/hope (even though no two cases are alike). I filed asylum in Dec 2015 with 1 year bar issues but a valid explanation and also had a U visa case that I filed last year, as I was getting nervous and wanted all the help and valid claims and cases I could get. I filed a shortlist request for the asylum case in mid August through my lawyer, had in person interview first week of Oct with COVID procedures and I just got approval
In the mail. They said it would take longer than two weeks as my asylum officer wasn’t aware of the U visa case and had to request it. Ask me anything if needed.
Great news – Congratulations! I wish you good luck in the USA (and I wish the USA good luck!). Take care, Jason
Bayarea,
Congrats! May I know what service center you applied to and did you provide any evidence to be shortlisted?
Thanks Ron, I don’t know which service center it was, I didn’t request a copy of the shortlist request from my lawyer yet. I do know that when we were preparing it, the only circumstance for the shortlist request on my case was that I had been waiting for over 4 years with no decision.
Last sentence should be -with no interview.
Thanks for your reply.
Jason,
You answer this question fairly regularly but, when needed, I cannot find the answers.
Given:
granted asylum, sent a green card application this April. Now I want to get a new EAD by filing an I-131 form. What eligibility category should I put on the form? (a)(5) — Asylee, granted asylum? Or should it be (c)(9) — employment authorization based on adjustment of status?
I recall that somebody was saying that if one puts (a)(5), the USCIS requires a $410 fee + biometrics fee, while they process (c)(9) without payment (or is it another way around)?
“By filing an I-765 form,” not I-131
I think you must file under a-5 unless you are applying for a GC based on something other than asylum (such as marriage to a US citizen). As far as I know, you cannot file based on c-9 (though I think in the past, they would accept that, my recollection is that they will not accept it any more). Also, I do think you have to pay the fee or do a fee waiver (form I-912, available at http://www.uscis.gov). Again, in the past, we could pay for the I-485 and get the asylee EAD for free, but that has not work for a while. Also, check the fee – I think it is now $495 to renew an EAD (since you have to pay for biometrics), but it is changing frequently, so check the instructions to be sure. Take care, Jason
Jason,
Thank you for (another) explanation!
Thank you, your posts has help me through all this years of waiting for a decision
Hello Jason,
First of all, thank you for all the encouraging words all the time. My asylum have just been approved from court last month. I got my I-94 last week. What are the things i need to submit to upgrade SSN (to takeout restriction) to SSN office. I have a SSN from my F1 status which has restriction saying “Work with DHS authority only.” How long does it usually take to get the SSN without restriction. I visited there nearest office they are closed. Please help.
Thank you.
I think you just need proof of the asylum grant. I am not sure how to submit it if they are closed – you should at least be able to call or email them to inquire about this. The main website is http://www.ssa.gov. Maybe there is a way to contact the local office. Take care, Jason
Thank you Jason.
This new SSN will work for all work purpose without time restrictions. Or do i also need to apply for new Employment Authorization card. Currently, the card is valid till April 2021.
Thank you once again.
You can apply for a new EAD up to 180 days before the old EAD expires. You technically do not need an EAD if you have asylum, but it does make life easier in terms of satisfying employers and the DMV. Take care, Jason
Thank you Jason. You are such a help all the time.
I called my local SSA office today and they said getting the unrestricted card didn’t qualify for an appointment at this time due to walk-ins not being accepted due to COVID, that I had to wait until it opens they list some circumstances where they make an exception. I don’t qualify however so I’ll just have to wait until it re-opens to walk in.
I faced the same issue in Washington, they said I don’t qualify to apply for non restricted ssn 2 months ago. I escalated to speak to the supervisor and explained that I don’t have the EAD(as at that time my cards were not mailed) and I told them that I need to show it to my employer. Based on granted asylum the C8 category is voided and I can no longer use that EAD. They gave me the appointment for the next day. It depends on who you talk to and how you explain your situation. Unfortunately most of the people don’t know everything. Also I called another office in my area and the person asked me to mail all the documents which I didn’t believe. I will never ever send the original documents by mail. I would suggest to call them again and explain the situation. Good luck.
Hello Ray,
Thank you for your word. They are asking for the originals also. I will try to talk to a supervisor and explain. How long did it take you to get the new unrestricted SSN.
Thank you.
Hello Bayarea,
My city SSN office is closed. I just called to the nearest other city SSN office. They said i can drop the documents on certain hours. It is Thursday and Friday 9-12 am to my city location. They will start the process from there.
Good Luck!!
I got the appointment for the next business day after I called. I went to SSN with all the documents, it took less than 10mins for them to process it because I filled the from in advance. I received my cards in 4 business days.
Hello Vee,
If you don’t mind, can I contact you personally to ask about your experiences? I used be an F-1 student as well. Thank you!
THERESE,
Pls feel free to send me an email on bagmarekancho7@gmail.com. I will try my best to help.
Hello VEE,
I have sent you an email but wondering if it ends up in your Spam. Can you please check to see if you received it? Thank you!
Hello
If i understand this article it takes for asylum seeker 10 years to get US citizenship. Wow. Very discouraging
I hope i misinterpreted this article
It’s just the sad truth about a crippled system. GC wait time for Asylees are now up to 3 years. The asylum process for most is very long, difficult & depressing. But nevertheless, atleast Asylum is written in the law & is not temporary like TPS for i.e.
So for all of who have genuine credible fear of persecution from their home country should make use of Jason’s free legal advise, which by the way we are extremely grateful for, & not be discouraged from filing in a timely manner. There may be ways to expedite each step which sometimes help in waiting lesser than 10-12 years to naturalize.
It certainly could, but if the system was working properly, it really should take about 6 years to go from an asylum grant to US citizenship. Currently, the system is working properly in about 0% of cases. Take care, Jason
Very touching article Jason. And congratulations to you & your client on the approval in court!!! Do you think when Biden wins & does a second term also that there is a possibility the Biden administration can bring back the amnesty for undocumented immigrants with 5 years or more physical presence?
From your lips to G-d’s ears. I do not know, but I hope. Take care, Jason