Let’s take a break from the doom and gloom associated with the President’s ongoing effort to subvert our democracy and look at something a bit more cheery–A new edition of the book My Trials: Inside America’s Deportation Factories by Paul Grussendorf. Judge Grussendorf’s 35-year career has spanned the gamut in the asylum law field: Immigration attorney, clinical professor, Immigration Judge, Supervisory Asylum Officer, Refugee Officer. His book, styled a “legal memoir,” discusses his time as an advocate and adjudicator and gives an insider’s perspective on our nation’s very dysfunctional immigration system.
While this book is generally targeted at people in the profession, law students, and policy-makers, it would also be useful for asylum seekers themselves. In many respects, Immigration Judges, DHS attorneys (the “prosecutors” in Immigration Court), and Asylum Officers are an inscrutable bunch. What are they thinking about when they interact with applicants and make decisions? How do they relate to each other? What are their outside interests? Judge Grussendorf’s book shines a light on the world behind the façade, and somehow, seeing government adjudicators as human beings is comforting.
That said, the overall picture painted by Judge Grussendorf ain’t pretty. He lays bare an immigration system that is a mess, where many prosecutors are unyielding and out of control, families are ripped apart for no logical reason (other than arbitrary laws that require it), politicians intervene to deny due process and treat immigrants as tools in a partisan game, and where training for judges and DHS attorneys is completely inadequate. The Judge has particular scorn for those DHS attorneys who do not know the law or care about “doing justice,” but who instead simply seek to deport anyone who comes into their crosshairs.
One aspect of the book that held particular interest for me was Judge Grussendorf’s discussions of cases he denied when he was on the bench. Such cases help illustrate how most deportations do nothing to make our country safer or better. Instead, they result in families being separated and good, hard-working people being ripped from their homes. Our harsh and unforgiving immigration laws often prevent judges–including well-meaning judges like the author–from granting relief even when that is clearly the better outcome. Other times, the applicant simply does not qualify for relief. In such cases, Judge Grussendorf did as most judges do: He denied the case and went on with his daily business. On reflection, it is striking that a judge can order someone deported in the afternoon and then go for a pleasant jog in the evening, but that’s the job, and good Immigration Judges can separate their job from their life.
The new edition of My Trials is timely, in that it has come out when Joe Biden is (hopefully) about to take office. While the Democratic Platform laid out a bold agenda, it is unclear whether a President Biden would be able (given Congressional resistance) or willing (given Mr. Biden’s more cautious nature) to pursue that agenda. Judge Grussendorf weighs in with a number of his own ideas for reform–some will require Congressional action; others will not.
One of his proposals that I found interesting was the idea of granting Mexico some type of most favored nation status and essentially legalizing all Mexicans in the United States (except for those with criminal issues). Given that so many Mexican nationals are currently in the Immigration Court system, if this group were legalized, it would go a long way toward relieving the overburdened courts.
Judge Grussendorf also proposes removing asylum cases from the court system and delegating them to “Special Hearing Officers,” which are essentially better trained and better paid Asylum Officers. This would allow asylum cases to be adjudicated in a non-adversarial manner while freeing up the Immigration Courts to deal with other types of removal cases and eliminating the current redundant situation where the same asylum case is heard by both an Asylum Officer and an Immigration Judge.
A final proposal that I’ll mention here is the Judge’s idea to greatly reduce the use of pre-trial detention in immigration cases. This proposal is not unique to Judge Grussendorf. However, his real-world experience adds weight to arguments that the practice is dramatically over-used and illogical, and helps illustrate how devastating incarceration is for the non-citizen and the non-citizen’s family (and on the non-citizen’s ability to prepare for his Immigration Court hearing).
I hope that Judge Grussendorf’s book–and particularly his policy proposals–get some attention as we try to reform our immigration system. It seems like too often in this debate we hear from policy advocates and politicians, but not from people who have worked in the trenches. We need voices like Judge Grussendorf’s as we hopefully enter an era where immigration reform is a possibility.
My Trials sheds needed light on the absurd, cruel, dysfunctional, and unfair American asylum system. We are left with the impression that despite the systematic failures, justice in asylum cases is sometimes accomplished. When that happens, it is because individuals working within the system allow their humanity, decency, and respect for the rule of law to shine through and overcome the institutional barriers designed to prevent qualified applicants from receiving the protection they need and deserve. Judge Grussendorf is to be commended for his book, and for his effort to improve our nation’s asylum system.
Biden has said that he will try to pass a comprehensive immigration reform. In 2013, the immigration bill that passed in the senate, eliminated the exception for “Extraordinary Circumstances” for the 1 year filing deadline. When I applied for asylum last year, I had missed the 1 year deadline, but since I was in lawful immigration status, I qualified for an exception under “Extraordinary Circumstances”. I am currently in the backlog. If they pass the exact same law as 2013, would my asylum application be denied, even though I had filed my application before the change in the law?
I do not know about that law, and I highly doubt that they will revive an old bill from 2013. Even if they do, I doubt they would eliminate the exceptions to the one-year bar, and even if that happened (which seems completely at offs with what Biden has been saying), I do not know that it could be applied retroactively. Also, the likelihood of a bill on immigration becoming law seems low. In short, I think you do not have to worry about this. Take care, Jason
Jason,
I am hoping that his attention will be drawn to this LIFO,and how repugnant it is.
I just cannot fathom how it is okay for someone who came in 2 years ago is already a permanent resident, and someone else who applied more than 5 years ago is still waiting for interview, while paying tax that LIFO applicant benefits from. Paying to renew EAD.
I get it, our situation could have worse, but uscis should follow the line, and say yes or no.
Most of us are not interested in food stamp, and their benefits.
We just want to be able to have closure, obtain loan to go to college, and send our kids to college.
Could have been worse*
I have been talking to a non-profit that is doing some lobbying on this point. Whether it will do any good, I do not know, but we shall see. The main issue is that “regular” asylum seekers are lost in the mix and the border gets most of the attention (look at the Biden immigration plan and you will see this clearly). There are also few non-profits lobbying on behalf of affirmative asylum seekers. Anyway, hopefully we will get some attention to this issue and other issues that affect affirmative and immigration court asylum seekers. Take care, Jason
Thank you for all you do, Jason.
We do not take it for granted.
Hello Jason,
After waiting for a decision on my application for over 4 years now, Ombudsman office has been making inquiries on my behalf but today, they sent me the message below
In response to our last inquiry, U.S. Citizenship and Immigration Services (USCIS) informed us that it wants to interview the applicant again and that an interview will be scheduled as soon as COVID procedures allow. USCIS did not provide us a timeline for when an interview would occur. Our office will continue to monitor USCIS’ progress on a regular basis until there is a specific action or resolution. We will contact you as soon as we receive an update from USCIS.
Please be advised that USCIS is the responsible party for moving cases forward, and the Ombudsman’s Office has no role in the adjudication process.
Thank you for your patience as we work with USCIS to resolve your request for case assistance.
Do you think that the fact that my wife and children joined me after I was interviewed could be the reason why they need a second interview or they may have their own reasons?
From your experience, do you think I may need to wait for like a year to be scheduled for another interview? And finally, what are mistakes I need to avoid during my second interview? I will appreciate your help
I do not know about the timeline, but you could email the asylum office, tell them what the Ombudsman said, and ask about the interview. You can find their email if you follow the link at right called Asylum Office Locator. In terms of the reason, I suppose if your family joined you in the US after the interview, the asylum office would need to talk to them. However, there could be other reasons as well. Review your case as if it is a first interview, and if you can remember any issues that came up at the first interview, you should think about those – you do not want to say anything inconsistent between the first and second interviews if you can avoid that. Take care, Jason
You are very much appreciated Jason. May the Almighty bless all your endeavors
Hi, Exact same thing happened to me. I’ve been waiting for decision for nearly 3 years and after ombdusman helped me ask about that, they finally replied with the same exact response. Mine is Newark Asylum office. what office is yours>?
Hey Alex,
Mine is Chicago. How long has it been since you got that update? Have you been scheduled for another interview yet? This is hard to bear man
Dear and honorable Jason . This year I was granted Asylum status on January 6th , I will plan to mail my package for i485 on January 6th 2021exactly one year . Usually this arrives two or three days later . IS IT OKAY for me to mail this exactly one year after ? I do not want lose time . Merci
As long as you do not mail it before one year, you should be fine. However, if you left the US during the past year, you have to wait longer. For example, if you left for 2 weeks, you have to wait 1 year and 2 weeks before mailing the I-485. Take care, Jason
Hi Jason!
My asylum case was pending 7 years and it is finally granted and I have my niece name in the application as an adopted child. I have the legal custody of her since 8 years ago, but I just lived physically lived with her just a year. She is 9 years old. Now I wanna file the I-730 for her, but in the manual it is stated that Asylee must have at least 2 years of legal custody and physically resided with the adopted child. Now I can’t go back to my country to physically live with her, but since I have her custody I have been sending money for all her expenses. Please advise on how should file for the I-730. Thanks!
I do not know about that, sorry. I think you will need to have a lawyer assist you to determine what is needed and how you can demonstrate the relationship and meet the custody requirements (or determine whether there is any way around the two-year requirement). Also, I am not sure what manual you are referring to, but I did a post in December 2019 with a link to an I-730 manual. That answers a lot of questions and might be helpful. Take care, Jason
Hello
The Biden administration is coming soon.He has already started appointing some people in some positions. What will the nomination of Alejandro Mayorkas bring to asylum seekers.? I and many others have been waiting interview for m oi re than 5years,we actually are in the air. Can immigration activists such as lawyers and others organisation bring up the old system of FiFo ? Or somehow charge fees for people who need expedited interview. But truly we need interview.it s so stressful for us.
He was around in the Obama Administration, but I do not remember many details about him. I expect in many respects, the new people will be much better and more competent than the old people. However, whether that will help the backlog or whether they will return to FIFO, I do not know. Assuming things become more settled and Biden is coming in, I plan to post ideas for some reforms here and to work with some non-profits on promoting such ideas. We will see how things go. Take care, Jason
Minor changes or improvements would not fix the problem I believe. As far as I know, USCIS is run by the government. The best solution would be having a business model for these services. National security concerns may raise up here but many examples out there can be found in lots of contracting out practices out there presenting a good picture. The system is about to stop. One simple EAD renewal should not take months if a person is living in the USA for more than 8 years and not able to get clearance easly there is a serious problem here. People are receiving a green card really fast if they are in certain areas of work. The solution needs a major change of policy. From my side, this increasing victimization from the procedure is creating more criticisms of face democracy and values that America defend for many years..
I think certain applications need major changes. For example, EADs should be valid until the case is decided. They should not need to be renewed. Asylees should automatically receive a GC after one year – they should not need to complete a form I-485 and wait for years. There are plenty of other areas like this, and hopefully we will have a new Administration that is interested in efficiency. Take care, Jason
To be honest in my view many asylum related issues are handled fairly well under Trump admin. The backlog situation actually improved and many new applicants are interviewed fairly quickly before COVID-19.
I doubt any meaningful measures can be taken by the new admin to reduce the backlog. Most likely we will see a surge in the backlog. The problem is the limited resources with the USCIS and just too many asylum seekers.
One thing I do see that is possible without too many changes but will have fairly big impact is to ask USCIS/DHS to allocate more resources processing asylee/refugee related petitions (I-730/I-485) at TSC. It has become a crisis now and it seems every quarter the backlog in TSC grow by about 5k cases while they only take in about 6-7k cases. Many asylees are waiting for I-730 adjudications to be reunited with their families. The relative small number of cases could be addressed fairly quickly by either allocating more resources in TSC or conduct formal caseload transfers to NSC.
Also I’m thinking the possibilities for a class action writ of mandamus because the delayed processing in TSC is obviously unreasonable and might also raise equal protection concerns.
I think in terms of the backlog, you are correct – the problem is not the Trump Administration; it is the coronavirus. If that gets better, I would expect to see some progress on the backlog. Also, if Biden eases things at the Southern border, that could take asylum officers away from affirmative cases and maybe make the backlog worse. That said, the Trump Administration has made an all-out assault on asylum by changing the regulations and case law and by demonizing asylum seekers. Indeed, we have had major changes to the rules nearly every and this has made it very difficult for asylum seekers. Hopefully, the new Administration will behave more rationally and create a more orderly system. Take care, Jason
VVN,
How long did you wait for interview after you applied?
Hi Jason my sister is comes in the U.S with her husband in 2018 applied for the asylum together with her husband and they got their interview after 4 months with her husband, they was still waiting for the response but suddenly in the last 5 days her husband passed away. What should her do? Because she was behind her husband.
I am sorry for this news. If the husband was the principal applicant and she was the dependent, she needs to file her own I-589 as soon as possible. If she fails to do that, she will be considered out of status and the case will go away, since the whole case was his, not hers. She can contact the asylum office to ask about the best way to file her case (I think there was a recent change in the procedure, but I have not dealt with this issue since that time). You can find their contact info if you follow the link at right called Asylum Office Locator. Also, the instructions for filing an I-589 for a person with an already-pending case can be found on the I-589 page or in the instructions to the I-589, available at http://www.uscis.gov. She should really try to get the new form filed as soon as she is able, hopefully within the next few weeks. Take care, Jason
Hello Jason and everyone out there
Today I have received my approval letter
Thank you Jason for your prompt responses and thank you for creating such a place for asylum seekers
Applied August 2016
Interviewed August 2020
Decision Nov 2020
My asylum case was approved in December 2018 and I applied for my green card on March 2020, and it’s still showing that my fingerprints was taken. Now my EAD expire on December 2020, should I applied for a New EAD to get permit to work? because I wanna move to another State.
It’s up to you. As an asylee, you do not technically need an EAD to work or get a driver’s license, but without the EAD, those things are more difficult. If you are moving very soon, you may want to wait until after you move, so you do not have to change the address. Either way, when you move, you have to file an AR-11, available at http://www.uscis.gov, the change of address form, which you can do online. Take care, Jason
Congratulations! Which asylum office you had your interview? Did you expediate your interview?
Yes I kind of expedited…I have minor kids back in the home country
My interview was at Newark asylum office
May God help you to see your kids soon. Congrats again!
Yes I hope too as haven’t seen them since 5 years
At that the my daughter was 6 and my son was only 2
Asylum seeker,
Congrats. I wanted to know during those three months you waited for an answer after the interview did they ask additional evidence or did they reinterviewed you? Also do you know why it took 3 months and did you inquire about the status of you case during these three months and what they said you?
Any info is highly valuable.
Thank you
Ella
No they didn’t ask for any additional evidence
I emailed them twice to ask for the decision
Asylum seeker,
Thank you for sharing. I am waiting for my asylum decision from that office too. I dont know how long they will take to give me an answer.
Don’t worry
Keep emailing them every 3 weeks…hope they will answer soon
I am very glad to hear it – Congratulations! We also received an approval letter today for an Afghan client, who was interviewed in November 2019. Congrats again and Welcome to the USA! Jason
Thank you Jason ..you and this forum was really a ray of light in these dark times
Hi. Congratulations.
Which asylum office did have the case at?
M
Thank you…at Newark
Congrats, ASYLUM SEEKER!
Thank you Jamie
Hello, I am a graduate student having F1 visa. I want to submit my asylum application before completing of my graduate program. Will I be able to retain my F1 status after submitting my application for asylum? Thank you!
You should be able to. Technically, an F-1 visa requires an intention to leave at the end of your studies. This is in conflict with asylum, where you are asking to stay permanently. However, I have done many asylum cases for students, and I have not seen (or heard of) any cases where USCIS decided that a person is out of status simply because they filed for asylum. That said, USCIS could reach that conclusion, I suppose. Also, there was a memo from a few years ago stating that if USCIS denies the asylum case for an F-1 student, the student will be considered out of status and referred to court. That was what the memo said, but I have never seen that happen, so I am not sure if they ever implemented it. Take care, Jason
Hi Jason,
Thank you for your service. My mother is applying for a B1/B2 visa & I’m currently an asylee. What documents will be beneficial to give her for the interview given my status, will they ask her about my case details? Should I give her my case supporting documents?
Thanks!
It’s probably a good idea that she only mentions that she has a son living in the US but she is not familiar with his immigration situation, if she brings up your asylum and doesn’t have STRONG ties to her country, chances are she will be rejected.
They could ask her about your case, even though they really should not, since the case is confidential to you. Depending on the case, she may not know about your story. If so, it is ok to say that she does not know. Though she may need to explain why she does not know. Also, since you came to the US somehow and stayed here, they may suspect she will do the same. So the more evidence she has to demonstrate that she will return home (family ties, property, job, etc), the more likely she will be to get the visa. Take care, Jason
Has the trump administration increase the amount of time and effort that an asylum officer has to dedicate to each case? If Biden goes back to the Obama policies, will cases be easier and faster to process?
In some ways, it is more work (as one example, there are more restrictions in cases where the persecutor is a non-government actor and whether you can relocate safely in your country), and so in some cases, it is probably more work. Whether a Biden Administration will make the process more efficient, I do not know. Hopefully, we will find out in two months. Take care, Jason
Hi Jason,
I heard that if somebody could stay for 10 years in USA he would be eligible to apply for green card. Could you tell me if this is real and if real, can asylum seekers who spend 10 years in the USA with pending cases, can be eligible for this program to get green card,
Thank you,
If your spouse or one of your children is US citizen and they will suffer if you leave the country, you could be eligible. But it is hard to proof. Needs a lot of evidences.
It is not that simple, but it is called Cancellation of Removal. You have to be in Immigration Court. Also, you have to have a US citizen or GC spouse, parent or child who will suffer extreme hardship if you are deported. There are other requirements as well, including no serious criminal convictions and good moral character. Take care, Jason
Hi Pato,
I wasn’t expecting that as well, my category is C08
Najeeb, I have the same category, did you submit fingerprint payment ? I am assuming you only paid $410 at the time of the application.
I paid just 410
Interesting that they scheduled an appointment for you without paying biometric fees. I wish you all the luck with your case and I hope you respond to this reply with details about your appointment after it’s conclusion.
Great blog, I’ve been following you for years since this is the only place to get real life updates on USCIS and immigration. I submitted an EAD renewal back in August and my case went to Potomac office, I received my receipt and been tracking my case online and also tracking random numbers before mine to see their progress and I noticed that no cases have had an update since October. Did they literally stop operating since the court blocked their fee hike or they are not updating online case status ?
I have not noticed that – we are still receiving receipts and decisions. However, the online system was changed (it seems) so that they no longer show how many days are on the Asylum Clock. Also, the online system seems to me to be not very reliable. My sense is that if you have the receipt, the case will be processed, though wait times have become more unpredictable. Take care, Jason
Thanks Jason
Hi Jason,
I submitted my EAD renewal before 24 August and received the receipt on September 2nd my check is also cashed, when I checking the status online it says ” CASE WAS UODATED TO SHOW FINGER PRINTS WERE TAKEN”
Yesterday I received ASC APPINTMENT NOTICE for biometric in December
Is that normal
How long it normally takes after the biometric for the EAD to be processed as I work in a bank and my EAD is expiring last week of January 2021
Regards
NAJEEB
It is probably normal. I do not know how long it takes to get the EAD, as that has become very unpredictable. However, the old card is automatically extended by 180 days once you have the receipt (the receipt itself notes this) and so you should be fine. Take care, Jason
Thank you for your reply Jason you are always very helpful, one more thing can I renew my drivers license with that receipt also I live in Maryland
Regards
Najeeb.
Probably, since the receipt extends your EAD by 180 days, but you have to talk to the DMV. If they are not cooperative, try to talk to a supervisor because you should be able to renew the license. Take care, Jason
Jason, can you comment on why Najeeb received a fingerprint appointment even though his category c08 wasn’t expected to pay or appear for fingerprint appointment unless application submitted after August 24th and he claims he submitted it before that
I do not know. USCIS is not acting consistently and the agency is a real mess. My guess is that it has no real meaning. If the person got an appointment for fingerprints, he should attend the appointment and hopefully, they will keep processing the case. I do not think it is something to worry about. Take care, Jason
Thank you for responding
NAJEEB, thank you for sharing your story, I am very surprised you were asked for fingerprints appointments given that you filed before Aug 24th, I got the “finger prints taken” update on Sep 8th and not expecting a physical appointment for that, may I know what’s your category ?
I honestly feel like people are overthinking these things. Obviously, USCIS is sending out biometrics appointment letters because some of their service centers are opening back up. They had probably applied your I-589 biometrics to your I-765 because of the pandemic, and when many of their service centers were closed. What you need to do is just do whatever they tell you to do. You coming on here to ask for people’s opinion on what USCIS is telling you to do makes no sense.
I am sure Jason is working on adding thumbs up/down buttons so you can express your concerns without typing a comment
As anyone being able to submit a request to expedite a case with USCUS lately? I want to expedite my application for travel document that’s been pending for more than 5 months. Urgent travel to see my sick parent. But the automated system keeps is not letting me speak to an agent.
It is very difficult to do that, especially now since so much of the system is not working due to covid. I wrote about this issue on January 29, 2020 – if you cannot reach anyone, you could try sending a letter, though I am not sure how effective that would be. Anyway, in my posting, I provided a link to the USCIS website about expediting. Maye that would help. Good luck, Jason
Thanks Jason,
I have the feeling USCIS shut down all activities until the end of the year and is just pretending to be working at a slower pace. At least when it comes to producing documents. I remember they had seriously financial issues recently and never got bailed out. They’ve not furlough their staffs but I suspect all other activities have been suspended.
These days, nothing would surprise me. Take care, Jason
Hi Jason!
Can asylee travel outside of US after filing green card application? If yes, how long asylee can spend outside the country? I already did the fingerprint. Thanks!
If you have a refugee travel document, you can do that. You have to return before the document expires. Although I do not know of any rules against it, long absences from the US for asylees make me nervous and I would recommend to not stay outside of the US for more than a couple months. That said, I know of no rule that blocks return or effects your GC, as long as you return while the RTD is valid (though do keep in mind that you need 1 year of physical presence to apply for the GC, but presumably, you already have that). Take care, Jason
Hi Jason,
I hope all is well. My case was transferred to the Dallas Immigration Court. I was waiting for the second hearing but it was canceled due to the judge was assigned another location. It was 15 days before covid-19 related delays. Dallas IC will be closed for undetained until the new year. Did you hear anything about the VTC hearing in Dallas? Some courts do VTC hearing but some courts don’t do. Is VTC hearing against the law?
I have not heard about that, but to do a video hearing, you would have to be a courtroom somewhere, and so I am not sure how they would do that if their court is closed. Usually video hearings are for detained cases, and if they are working under such limited conditions, I would imagine that detained cases would be their main priority. Maybe yo can call the court and (if someone answers) ask what is going on – you can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
I can’t speak for the Dallas court, but where I am VTC hearings are being done by WebEx. If either party (respondent or DHS) wishes to appear via WebEx, which is a videoconferencing platform similar to Zoom, they need to file a motion. Our local court is not open at all, so anyone who doesn’t want to appear by WebEx will have their hearing(s) rescheduled until the court opens again.
VTC hearings are not illegal and have been found by courts to be fair (I disagree), but it’s important to think about the benefits and drawbacks of appearing by video, especially in a case such as asylum where credibility is so important. I have been doing telephonic individual hearings, and now WebEx individual hearings with my clients (all of whom are detained) and they are terrible – even worse than the usual VTC hearings that are used for detained immigrants.
I did not know about that – Thank you. I do like the idea of giving people a choice. If you want to go forward, you can, and if you do not want to, it is postponed. I imagine it can be a difficult choice, but I think many of my clients would choose to go forward rather than keep waiting forever. Take care, Jason
Hi Jason,
Can someone with pending asylum case apple for Travel Document? if that person’s home country passport has expired and there won’t be anyway to renew it.
Thanks
You can apply for Advance Parole – I wrote about that on September 11, 2017. However, that is only permission to re-enter the US if you leave. You would need to travel using your passport, and for some asylum seekers that is a problem and/or not possible. Take care, Jason
hi Jason
is their non-detaind hearing in immigration court postponed again everywhere until Dec 4 or in some states only?
thanks so much in advance
Lots of cases are being postponed (including my December 1 case, which I just heard about today). I have not heard of any nation-wide suspension though, and so I do not think that has happened (yet). Take care, Jason
Dear Jason,
We all appreciate a lot your help. I have a question that is worrying me so much: I am an asylee in the US and I’m preparing to take my LSAT exam, in order to send my documents from my university to LSAC , the university back home asked for a procuration signed by me in the embassy of my country here, the embassy here provided the procuration services by postal mail ( you send them the documents and fees, the stamp it and send it back to you). Do you think that dealing with the embassy of my country for administrative purposes might jeopardize my asylee status here??? Looking forward to having your response! thank you so much!
I guess it depends on your case. If you are fearful of your home government, you may need to explain why you got help from your embassy and why they were willing to help you. If you are fearful of non-government actors (like terrorists), then it should not be a problem. Good luck with the LSAT, I remember it well. Take care, Jason
Hi everyone,
Just submitted the renewal for EAD. Just want to hear from anyone hear how long it usually take to receive the notice? Thanks
I think we are mostly getting receipts in 4 or 5 weeks. Take care, Jason
hi
i got an interview this Monday . but i check the case status .it still interview is schedule .but it should be decision is pending .what does it mean ？
i would be refused by the asylum office
If you were already interviewed, the online system should change its message, but if it did not change yet, I would not worry. The online system is not great and is not always accurate. If you had the interview, the online system should change soon. I would give them a week or two, but if nothing changes, you can always email the asylum office to check. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
I got mine in less than 2 weeks, which made me surprised.
I submitted my I-485 based asylee over a year ago and done my fingerprints, pending. Yesterday, while I was randomly looking my form, I found I missed one question number 10 on page 4. What should I do, should I write them letter or wait for them to request for it. Does this delay my application, I am already waiting over a year, I am scared this will delay me.
I doubt that is the reason for the delay, as processing times for these cases is 1 to 3.5 years. You can write them a letter explaining that you missed that question and providing the answer. Include a copy of the receipt number and your Alien number, and I guess send it to the last USCIS address that sent you a letter (probably the receipt and not the biometric letter, if those addresses are different). Take care, Jason
Hello Jason,
Hi Jason,
I submitted the I-485 last month and received the receipt notice. Can I submit Form I-693 with the receipt notice to the service center from where the receipt notice was sent? I know USCIS sends RFE for it later. But is it okay to send that before receiving the RFE?
Thanks
I do not know what is the advantage to doing that. They may lose it, and they will ask for it when they need it. I think you are better off to wait for USCIS to request it. I suppose nothing stops you from sending it in now, but I guess I do not see how that would help you. Take care, Jason
Hi Jason,
When the AO says you will pick up your decision via mail, how long it will take? Based on your experience with you clients. I am not expecting an accurate answer but maybe a guessing.
Thanks
It could be days or years – it depends on the case, the officer, luck, etc. In general, most people get a decision in a few weeks, but men from Muslim countries may wait months or years (some women too). However, there is really no way to predict. I would give them a few months and if there is no response, you can email them and inquire about the decision. Take care, Jason
Hi jason
Thank you for doing noble work. I am going to file I-765 renewal and i am worried about question about arrest in any country. I got detained by police in my country because of political affiliations illegally. I don’t have any documentation of arrest. Should I mention that in the form or should i leave it as no ?
Do you think there gonna be a problem this time if i say yes and explain the issue or if i leave no and i future it would cause more problem?
Please let me know because I really want my work permit to come in stipulated time or else i will loose my job.
Thanks
I think you need to say yes – otherwise, you will have lied to the government, which is a bad idea. You will have to include an explanation about what happened. I did a post about this on March 5, 2019 that might help. Take care, Jason
What does online update”fees were waived” means
Maybe you do not need to pay the fee for that particular application? That would be my guess, but it is difficult to know without knowing the context. Take care, Jason
It was after an asylum interview…it changed to fees waived from decision pending
If fees were waived, asylum is most likely granted.
Thank you Tina for you response
Yes my lawyer said it’s 90% a yes
But I think I should wait for the actual approval letter to celebrate
I feel you cannot trust the online messages and so I think it is best to wait for the letter – then you will know for sure. Good luck, Jason
Could you please share your timeline and if you are from a trump travel ban country?
EDVARDO
No I’m not from a ban country
I had applied on August 2016
Will share my story when I receive my approval letter…till then fingers crossed 🙏
Hello! As far as I could understand from various sources, the plans of the new administration nowhere mention a solution to the problem that has tortured many of us. What can we do to get them to turn in a fair direction? I have been waiting for an interview call for 5 years and 3 months (Brooklyn, NY). I turned to the congressman three times to expedite my case, and I was refused three times. What can we do to ensure that our years of waiting are taken into account when applying for a green card? Thanks.
These are very important points, and I agree that they are often being lost in the conversation by “bigger” issues, such as DACA and comprehensive immigration reform. Nevertheless, this is obviously very important to many people. All of us who care about asylum are going to have to work to bring these issues to the attention of decisionmakers, and hopefully, we will start to see some relief. I should note that the Asylum Offices have hired many new officers and probably could start moving through the backlog if the pandemic lets up. That won’t happen immediately, but there have been positive developments and we can hope for better things in 2021. Take care, Jason
Hi Jason,
Thank you for your effort to share valuable information.
I agree with this. Regarding asylum, the interview backlog has eclipsed other problems. In an ideal world, a holistic system overhaul is the way to go.
1. Pending Decisions’ backlog need to be addressed.
2. Final decision should not be held up by background checks. I guess 99.9% of such checks return clean reports. Security checks can carry on after decisions are issued. Grants can be rescinded later if necessary.
3. EAD renewals is a waste of resources since its just a ceremonial process, nobody is denied a renewal. EADs should be good until deported or certain issues raise a flag.
4. GC based on asylum should be automatic, in the same format as how a5 EAD is automatically processed after grant.
5. Given the delays, the 4yrs wait for citizenship based on asylum should be waived.
6. i730 Relative pertitioning should be streamlined. Maybe the i94 and approval letter should be enough to secure an immigrant visa at the consulate, instead of the current long and slow process.
7. Lawyers should be allowed to present cases at Asylum Office Level as well. Since lawyers do this full time, they have the experience and expertise to summarize the case and articulate relavant facts without emotions. This will shorten interview time and thus allow more people to be interviewed.
Just a wish list, seeing Thanksgiving is around the corner. Take Care
I will add to that the need for premium processing for asylum applications. It would help despairing asylum seekers, and the USCIS. Fortunately, congress recently gave USCIS the authority to setup premium processing for any type of immigration benefit they choose. This is doable and win win win for all involved (barring Steve Bannon and Ann Coulter).
This was one of my pet projects, though it was a non-starter during the Obama Administration. Take care, Jason
I agree with these, and I think many of them are low or no cost and would make the system more efficient. Assuming the current coup attempt fails, advocates will be pushing the Biden Administration to adopt reforms to make the asylum system better. Take care, Jason
I just don’t understand how you can take my $1,200 so fast, but you have to make me wait months for a green card? Artificial wait time is nothing but a scam. I have paid my dues and still am.
We can start with this example.
Two different families.
One applied in 2016, the other came in 2019, and applied.
2016 is still waiting for an interview. A child who was in middle school at the time of asylum application just got admitted to study premed. However, this child cannot attend because the child’s parent(s) cannot afford the rest of the fees even though the child got partial scholarship.
Meanwhile, this child’s parent has been paying tax since 2016.
Under LIFO, the family that came in 2019 got interviewed, got approved and their own child is now entitled to federal AID.
How is this a way to treat anyone? Driving young Children into unending depression.
It is so unfair.
It is unfair, but the reason for LIFO is because the government believes that it deters fraud to interview cases quickly. Even if that were true (and there is some limited data to support it, but I am not really convinced), LIFO has never been effectively implemented and so it has simply created more of a mess. In my opinion, we would do better to return to FIFO and create a better system to expedite needy cases, or do some type of LIFO/FIFO combination, so at least we can start making progress on the backlog. That said, until coronavirus lets up, I would not expect any major progress at the asylum office. Take care, Jason
Jason,
I apologize for having your name on my post. I have been making a lot of silly mistakes like this everywhere.
If you can, kindly delete the post that states your name.
I posted it a second time with my correct user name.
I apologize once again.
No biggie. It is deleted. Take care, Jason