The President and his allies are doing everything in their power to subvert the result of last month’s election. So far, their efforts have not changed the outcome, but we are still in a very dangerous place. Hopefully, the system and our country will withstand this unprecedented assault on democracy and the rule of law. If so, and if Joe Biden assumes office in January, he will face a number of daunting challenges: The pandemic and healthcare, the economy, climate change, divisiveness and decaying faith in democracy, racial justice, and immigration reform, to name the most obvious. How much attention immigration–and specifically asylum–will receive in this mix remains to be seen.
Prior to the election, the Democratic Party and the Biden campaign set forth their proposals for immigration reform, which are quite sweeping. Many of Mr. Biden’s ideas can only be enacted with the cooperation of Congress. Others could be put into effect without Congressional action, just as President Trump implemented his immigration agenda through agency rulemaking and executive orders.
A minority of the immigration policy changes proposed by Mr. Biden relate specifically to asylum, and most of these concern asylum seekers at the Southern border. This is not surprising, as the border is a disaster, but my concern is that applicants at the Asylum Office and in Immigration Court–which together represent close to two million people–will be overlooked.
In this series of posts, I hope to set forth my ideas for reforming and improving our nation’s asylum system.
Before we discuss substance, however, I want to talk politics, since any reform will take place in the context of the current political crisis where, even in the best case, millions of Americans will view Mr. Biden’s Administration as illegitimate and where many Republican leaders will be vying to outdo each other in obstructing the new President’s agenda. The divisive political climate will potentially limit Mr. Biden’s ability to make changes, and in turn, any changes he manages to implement could lead to further division. This begs the question: Should the new Administration follow the Trump game plan, and do all within its power to achieve its goals? Or is it better to focus on areas of bipartisan agreement (if any can be found)?
I’m of two minds about this dilemma. On the one hand, non-citizens in our country have been treated unfairly and cruelly. They have been lied about (and to), terrorized, exploited, and in many cases, forced to wait for years for status to which they are legally entitled. Also, when President Obama tried to take a middle road on immigration (remember when he was referred to as the “Deporter-in-Chief”?), it did nothing to move the other side towards compromise. Perhaps that’s because there is a stark partisan divide over illegal immigration: Only 23% of Democrats view it as a “big problem,” while 67% of Republicans see it that way. So if compromise is impossible, maybe the Biden Administration’s better approach is to implement whatever reforms it can manage regardless of the political consequences.
On the other hand, what is most needed now is to try to heal the divisions in our nation. Pushing through partisan immigration reforms (legislatively or administratively) will likely exacerbate the divide. Further, if President Biden overplays his hand on immigration, it could result in a backlash that advantages Republicans and other immigration restrictionists. Of course, the same predicament exists for other issues–like climate change–and the idea of waiting for a broader consensus when action is needed imminently makes little sense. Immigrants and asylum seekers urgently need relief and protection. So while ideally I believe it would be best to reach out to moderate Republicans and to continue working to educate the public about immigration, I also believe that we need to start enacting changes immediately.
That said, I think the Biden Administration needs to move with caution. Some immigration issues–such as DACA and (surprisingly) refugee resettlement–have broader bipartisan support than others, such as border security and deporting people who are here illegally. Certainly, the new Administration can focus on areas where it will encounter less resistance and face fewer negative repercussions.
The proposals I will make in this series fall, I think, on the more bipartisan side of the spectrum. I plan to discuss ideas for improving efficiency and fairness at the Asylum Office, the Immigration Court, and at USCIS.
In contrast to Mr. Biden’s pre-election policy agenda, my focus in this series will not be the Southern border. Protecting asylum seekers at the border is a more divisive issue than most other areas of immigration law, and I believe that advocates and policy-makers need to lay a political foundation before enacting successful change there. I’ve written about this in more detail before, but unless we build a more bipartisan consensus about who is eligible for asylum, we risk a severe backlash by easing restrictions at the Southern border. Indeed, one could argue that President Trump was elected largely as a reaction against perceived porous borders.
While the politics of border reform is a crucial concern, the situation along the U.S.-Mexico border is clearly untenable–people are dying and something needs to be done. How the Biden Administration will navigate that political minefield, I do not know, but I worry that the political capital required for improving conditions at the border will make it more difficult to enact needed changes in other, less politically-charged regions of the immigration system, such as USCIS, the Asylum Office, and the Immigration Court. In any event, those three areas will be the subject of the next several posts on this blog.
President Trump’s (hoped for) departure will open up some space to improve the situation for non-citizens: By reversing many of his Administration’s damaging immigration policies, but also–hopefully–by bringing long-needed improvements to the immigration system. The trick will be to balance that change with the current political realities, to minimize the inevitable counter-reaction, and to avoid doing further damage to the cohesion of our nation.
Also, USCIS accepted my AOS application n working on it. I didn’t submit medical. Will they request for it later even those they have not but told me they will let me know if they need anything from me?
Do I have to submit it even though I have not been asked for it?
Or will they have to request for it before making a decision on my AOS app?
They requested RFA but in it, they didnt ask for medical. U submitted just what they requested n they said they started working on my case again.
If they request for medical the next time, will it be a good sign of positive results ahead?
Will they also request interview for the AOS though I had interview already for the Asylum? Or waive it also like they waive the biometric n just give me a result?
I would not worry about the medical exam now. If they need it, they will request it. I think you need to sort out the jurisdictional issue (whether USCIS still has authority to grant the case), as I described in my prior response. Take care, Jason
Hi, can I apply for AOS – LRIF when I have an Asylum case referral?
Can I also apply for The AOS EAD while I have the Asylum EAD?
Will uscis give me the EAD for the AOS?
Do u think USCIS can approved any of these?
USCIS used my asylum case Biometric for the AOS. Does this give a sign that my AOS will be approved? Or will USCIS have to send the AOS to the judge to approve even though I was told by USCIS that they will treat the both cases differently in the AOS acceptance notice?
The AOS has been pending for Almost 10minths now. Is this a sign that they will approved my AOS? Or they will send it to court also like the Asylum case?
The AOS is base on LRIF. I applied for the AOS 3months before I got referral notice on my Asylum case. Will this have any bad of good effect on any of my cases?
My Referral is schedule for 11/2021. Will the referral delay the AOS result if USCIS plans to give my AS base on the LRIF?
Or they will give me result and I can withdraw my case from court later? Or ask me to withdraw my case before giving a decision on AOS?
Please sir, I a worry n praying for gud results.
It sounds like your asylum case was referred to court. In that situation, USCIS does not normally have authority to adjust your status – only the Immigration Judge can do that. I do not know if there is an exception for LRIF. If USCIS approves the case, you can then dismiss the court case. Adjustment of status is generally a slow process these days, and so the 10 month delay is normal, and most cases take a year or 2. My concern is that USCIS might deny the case because you are now in court. I would talk to a lawyer to determine the best path forward. Maybe you can re-file the I-485 with the court, or file a motion to terminate the court case based on the pending I-485. I do think you need to take action on this, or you may risk losing the I-485 fee and may also lose the opportunity to adjust status based on LRIF. Take care, Jason
Hi Jason,
It has been five years I am waiting for my asylum interview. I tried to expediate my interview a couple of times but didn’t work out. I understand everything is a mess. What is your advise for individual like me?
Unfortunately, there is no good solution, and with the pandemic again worsening, I think it will be difficult to expedite a case in the immediate future. Nevertheless, if you have a new reason, you can try again. I wrote about expediting on March 30, 2017, if you are interested. Hopefully, the vaccine will prove effective and the pandemic will ease. As that happens, it will likely become easier to expedite, as the asylum offices should be scheduling more cases. Otherwise, maybe you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Such lawsuits are usually for after the interview, but maybe it would work to help get you an interview. Take care, Jason
Hi Jason,
I moved from Arizona to California. I updated my address online by using the online AR-11 address update link. I updated the address for my asylum case I-589 since that is the only case pending. My lawyer says the following:
“AR-11 online will not get to the asylum office. You want to send a hard copy to the asylum office itself. I can do it if you want me to”
Is this statement correct?
Will my case be automatically transferred from the LA Asylum office to San Francisco Asylum office or do I need to submit a hard copy of my original asylum file to the San Francisco asylum office now? What other steps do I need to take to make sure that my asylum case gets transferred from LA Asylum office to San Francisco asylum office?
The case should automatically move. You can email the asylum office(s) directly to check that the case has moved. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
I have found that the AR-11 is enough, but I think there is no harm in also sending an AR-11 to the asylum office itself. Everything is such a mess, there is no harm in doibg that. Take care, Jason
Hello Jason,
How long does it usually take for the RTD to get in your mailbox after it was approved by USCIS?
Thank you.
I do not remember, but things now are a mess. If you are talking about the online approval, maybe a few weeks or a month (but these days, that is an educated guess, at best). If you are talking about the paper approval letter that they send to the lawyer about the RTD, that usually arrives around the same time as the RTD itself. Take care, Jason
Hi Jason!
It is time for me to file green card as an Asylee. One of my friend said that I can get free travel document and EAD if I file the GC application. The question I have is that:
1) If I send the application with the GC correct filing fee, how can I apply also for free travel document and Employment Authorization Document?
2) Do I have to send all 3 applications in the same envelope or I can send them separately?
Thanks!
1 – When you file the I-485, you can also submit form I-131 to get a Refugee Travel Document at no extra cost. It used to be that you could also submit an I-765 to get a new EAD for no extra cost, but when we have tried to do that over the last couple years, it did not work, and so we stopped trying. You can try if you want, though. I guess the worst case is that USCIS rejects that form (I do not see why this would cause them to reject the other forms). 2 – It is best to send them together. Otherwise, you need to send a copy of the I-485 receipt in lieu of payment for the I-131, and this very well may not work. Take care, Jason
Hello Jason,
Have you filed for any GC (I-485) based on asylum during November? If yes, have you received any notification from USCIS?
Receipts for many USCIS cases filed in November seem to be slow. I don’t specifically remember if we filed an I-485 last month, but I have been hearing on my list serves that receipts are slow, and I do think we are waiting for some receipts for cases filed last month. Take care, Jason
Hello mr Jason. I Am writing my AOS app and I just am confuse sir I am doing it myself and in the part of interpreter and preparer should I just put my name ? Also , in some one the boxes that I didn’t fill in , must I put N/A ? I heard if you leave blank AND DONT put N/A. USCIS automatically denies !! Thank u thank u
If you are doing it yourself, there is no interpreter, so you can just write N/A. We have not had an I-485 form rejected for failing to write N/A in an empty box, but it could happen, and so I do recommend you write N/A in any boxes that do not apply or that you are leaving blank. Take care, Jason
Dear Jason I have a doubt . I have asylum status im principal and my son is derivative when we arrived he was minor . Now he’s over 18 . He is on the asylum approval letter with me. When filling I485 it asks if it is principal or derivative , is he principal because that is his own application ? And also I read somewhere I didn’t understand in regards to the principal Asylee needs to be processed first in order for derivative to apply for I485 , is this true or can we both apply at the same time ? Thank you sir
You can both apply at the same time. For purposes of the principal/derivative question, we always put that the applicant is the principal (since he is the principal applicant for a green card, even though he is a dependent asylee). I think as long as you make clear that he is a dependent asylee and submit evidence about that, he should be fine. Take care, Jason
Hello Jason,
I’m trying to be strong because I’ve being diagnosed with brain tumor and it feels life is coming to an end.What makes smile is the joy that my kids that are with me can be granted asylum.
Do you think this will help my case for my kids because I don’t know what life is going to throw at me next.
I’ll always remember the strength and encouragement gotten through your posts
I am sorry for your news and I wish you well. You might try to expedite your asylum case based on your health problem. I wrote about that on March 30, 2017. If you win asylum, your children will have derivative status. Although a serious health condition does not necessarily affect an asylum case, the adjudicator is human and may be more inclined to grant such a case. Also, if you face arrest in your home country, time in prison will be more dangerous because of your health. So you should inform the asylum office or the judge about your condition. Take care, Jason
I am not sure why I teared up when I read this. This is the first time I’ve read a comment on this blog and almost bawled my eyes out! Hopeful, I wish you the best!
Dear Mr.Jason
Thank you so much for your help. I am an asylee who will be eligible to submit the green card application on February 20th, 2020. When do you think I should contact my lawyer to start preparing for the application? Is one month enough or is it too early?
It depends how busy the lawyer is, but a month seems fine. If you contact the lawyer then and it is too soon, you can just ask when is a good time to call back. Take care, Jason
Hello Jason, I wanted to express my gratitude and appreciation for your helpful form that helped me navigate through the asylum process and getting green card through an asylee.
I am a green card holder now and getting close to apply for naturalization.
I am writing for two things, one is a question, the second is a discussion
1- Do derivative green card asylee who got their green card before the main asylee can apply for naturalization before the main asylum applicant and get approved before the main asylee?
2- I just wanted to write this comment to get some discussion about the ability of the USCIS to terminate a Green card status after a grant of asylum by USCIS ( Not my case but just curious about it )
I have looked through the USCIS manual and it has some interesting facts about the ability of USCIS to cancel the permanent resident status if some ground of inadmissibility or fraud happened before adjustment of status.
Quote from the manual
https://www.uscis.gov/policy-manual/volume-7-part-m-chapter-6#footnote-8
Post-Adjustment Actions
“If an alien adjusted to LPR status and an officer later determines there is evidence that an asylum termination ground or related inadmissibility ground applied before the adjustment occurred, USCIS may take steps to rescind the alien’s permanent resident status (if within 5 years of adjustment)[8] or issue an NTA. ”
Does the above quote really states that USCIS cannot do anything if the asylee has his green card for at least five years? I am asking this question because during a citizenship interview, if officer felt that the asylum case was not real or the asylum grounds no longer apply, he cannot act or do anything since USCIS cannot terminate the status because at the time of the interview, the 5 years would have passed since the adjustment of status. Does it mean If they decided to deny the naturalization, they won’t able to cancel the green card status as stated by their manual.
I would like your thoughts on this and if you have personally gone through a similar case with one of your clients in USCIS trying to terminate the asylum at the naturalization process.
For all other asylum seekers, keep the faith and you will succeed.
Thank you Jason
1 – As long as they are eligible, the derivative can file to naturalize. It does not matter if the principal has not yet filed to naturalize. 2 – I have not had such a case, but the passage of time does not protect a person. From what you quoted, it seems that the procedure to terminate may be different if 5 years have passed. If it is less than 5 years, USCIS can take steps to terminate, and if it is more than 5 years, they have to issue an NTA – a Notice to Appear in court, and the Immigration Judge will decide whether to terminate. In practice, I am not sure whether it would work exactly this way, but a person’s resident or asylee status can be terminated no matter how much time has passed. Take care, Jason
Jason,
I finally filed for I-485 (Change of status) based on marriage to US citizen, I-765 (Work authorization) and other forms about a week ago. I heard that it is taking few weeks to get a Receipt that my I-485 was accepted and takes 90-120 days for Biometrics appointment.
My EAD and Driver’s license will expire in a month. I got Driver’s License based on EAD in my state so both will expire on the same date. My Passport is also expired (takes a long time to get a new passport from my country).I cannot get a Driver’s License if I don’t get a new EAD. If they do not allow me to give finger prints then I will not get a EAD (Category C09).
Do you think USCIS will allow me to give my finger prints and other information during Biometrics appointment with a expired DL, expired EAD and expired Passport?
Note: I have attended a Biometrics appointment before but that was for Asylum with valid ID(s). But now this is a new case based on Marriage to US Citizen.
Thanks,
Ranbiri
I think they will allow you to do the biometrics. Unfortunately, I also think you will be without a valid EAD for a while, as c-9 EADs seem to be taking 4 to 7 months. It sounds like your old EAD expired. If it has not yet expired, and it is c-8 (asylum pending), you can file to renew that EAD and get an automatic extension for 180 days (if you file the I-765 after that EAD has expired, you cannot get the automatic extension). Take care, Jason
Hi Jason,
A lot of what is happening at USCIS is due to the fact that they struggle financially. If I remember correctly, the bail out they requested from Congress was tied to the stimulus package that was never approved. Instead they got recommendations on how to recalibrate their spending and increase fees but never received money in forms of loans or others.
Part of this financial crise is the agencies fault by prioritizing on expensive (ineffective) burdens to applicants such as adding unnecessary interviews And extra reviews. Until a new administration takes over, the only option we as asylees have is using “raw” power to try to shake things up; meaning contacting your representatives, ombudsman, keep traces of your requests to USCIS, and most importantly mandamus lawsuits. Otherwise, they will just sit and do nothing.
My question to you Jason is, do you think when (and I’m not using if) Biden takes office, we can expect USCIS to wave interviews for asylee adjusting status? Like it was the case in the past. Some of us have our applications stuck in Texas for years and they are not even acknowledging us. I understand the interview is about reviewing the form in most cases, but after many years waiting, things might have changed in our lives.
Hi CORDY , if you don’t mind asking … how many years have you been waiting in TEXAS for green card and which state did you apply ? I’m also waiting 2.5 years from Florida .
Hi Janice,
My case has been pending in Texas SC for more than 2 years. Still bot fingerprints appointment. Can you believe that? I called multiple times to inquire but always got the same standard response.
That may be part of the explanation, but it is not an excuse. USCIS is failing to do its duty and it is harming people. Also, it is collecting large sums of money from the people it is supposed to be serving. The other part of the explanation is that USCIS added a lot of non-sensical requirements to tighten up the application process, and this is causing delay as well. As to the question, we will have to see. There are no proposals yet about what Biden will do (aside from the general proposals from before the election). I think that such interviews should be waived, and – better yet – all asylees should just receive a GC after one year (unless they commit a crime or violate their immigration status somehow). Take care, Jason
it seems they are rolling in mandatory interviews of the petitioner in I-730 as well… to validate qualifying family relationship and deter other frauds…
It’s unclear whether they will be interviewed together / same day or they can be scheduled separately.
This becomes ridiculous now such a bureaucracy and processes that might have little benefits but greatly burdened the applicants.
Honestly if they have the resources to schedule the interview very quickly it might be just a minor thing but with the current conditions for asylees and refugees awaiting families I’m not sure what the administration is doing.
They are doing all the can to make the process more difficult and slower. Hopefully, much of this will be rolled back by a new Administration. Take care, Jason
Dear Jason I have a concern . I am ready to apply for m green card and I will perform my medical exams here in Georgia where I live by local civil surgeon , but I am moving to a different state across country and apply there and send those medicals from this surgeons in this state , is there an issue when I send my application that USCIS sees doctor is from a differ state or it doesn’t matter as long as he is USCIS approved , like does doctor have to be local ? Thank you
As long as you use a doctor from USCIS’s list, you are fine. Take care, Jason
Jason,
I am married to a U.S. Citizen. I-130 is approved. I have filed I-485 (Change of status). Currently, we are living in two different cities but in the same state. She is few hours drive away. We have some personal challenges. She is taking precautions by not using credit cards, etc. Nothing is billed or shipped to her in her address.
Do you think USCIS will monitor her Cell number use based on location to check where she lives ?
During interview this issue might come up?
Thanks for your guidance.
Sam
I doubt they will monitor her phone. However, when a couple lives separately, they need to gather extra evidence that the marriage is true. So take photos when you are together. Get any bills that you can in both your names. Have a joint bank account that you use for expenses. Keep a record of travel to visit each other (if possible). Get letters from people who know you both. Subscribe to a magazine in both your names. Etc. There is no doubt that a couple who lives apart can get a GC based on marriage, but you do need to be prepared to present as much evidence as possible and to answer questions from USCIS about your relationship (including explaining why you live in different locations and presenting evidence about that). Take care, Jason
Hi,
Can I change my minor child’s legal name while our asylum case is pending in USA ?. My minor child is with me in USA and on my case.
Thank you
That is something you would need to do through a state court, and you can contact your local state court clerk’s office. They will tell you what to do. If you change the child’s name, you would have to submit evidence about that at your asylum interview. You would also need it if the child applies for a work permit. Take care, Jason
Hello Jason
Is it ok to fill out RTD application with pen?or it needs to be typed and printed?
You can fill it by pen (write neatly). I think you have to use a blue or black pen, but check the instructions to be sure. I imagine if you use an incorrect color, that will give USCIS an excuse to reject it. Take care, Jason
Dear Jason
Thank you for your hard work and help to thousands of asylum seeker across the United States. Have a great festive season and may your 2021 be successful in terms of work and your life overall.
I was wondering if you could help me with one questions. I have an asylum-based green card, I got it a couple of months ago. I plan to travel abroad, not to the country of my persecution. I heard that in addition to the green card I need to obtain a Refugee Travel Document. Do I need to get it to return safely to the US? Or green card will suffice?
Thank you.
Congratulations! What state did you apply from
And HOW long did it take ? I will apply soon
Thanks. I live in South San Francisco. Processing time for I-485 was quick. The turnaround was probably 3 months, including RFE for medicals.
You can return with the GC alone (as long as you keep your trip less than 6 months), but it is better for an asylee to use the RTD and not use the passport from your home country (this is less of a problem if you fear harm from non-state actors as opposed to harm from your government). Not all countries accept the RTD, but at least if you have that document, you have demonstrated that you are trying to avoid using your passport. So I recommend you try to get the RTD. I have had clients travel without the RTD and return with no problem, but if you can get the RTD, that is better. Take care, Jason
Hi Jason! Would you please check out this article?
https://thehill.com/homenews/administration/529743-trump-administration-implements-new-restrictions-on-asylum
Is this restrictions will apply into all the asylum applicants?
It is a rule that was proposed last summer, and that will go into effect January 11, 2021. I have not had time to review the version of the rule that will be implemented, but I may post about it later. My understanding is that it is not retroactive. Take care, Jason
Dear and honorable Jason , I couldn’t help but notice you said USCIS is falling apart and I feel it , we all feel it , from Asylee green card taking up to five years to print piece of plastic to what we are seeing now people not getting receipts , and I have in fact seen them lose the Packages and so , what can we do ! ? This is getting out of hand … something needs to be done
I am seeing complaints about receipts on my list serves for different types of applications, and I am seeing it in the comments here as well. It does seem to me that things have really been falling apart there in the last month or so. I do not know why (though I know they went through a budget crisis last summer, so maybe that is related). As to what can be done, at this point, I think nothing will improve until (and if) a new Administration comes in. It is a very sad situation and many people are being harmed. Take care, Jason
Hi Jason . I hope you doing well.
Jason i left USA and my case is still pending in Appeal court. I’m planning to come back again because of threats here but this time i have to come illegally. Mu question is if cannot file motion over there, CAN I CHANGE NY NANE HERE AND APPLY AGAIN OR HOW TO DO IT ?!
Thank you for you help
I think your better bet is to find a mew country to go to, besides the US. The government has your fingerprints and biometrics, and so trying to lie about your name will not work and will likely make things worse (such as being charged with a crime). If you can win the appeal, perhaps you can return legally, but that depends on many factors. If you have a lawyer helping with the appeal, maybe that person can advise you about returning to the US. Take care, Jason
Hello,
It has been 5 weeks since I sent my GC application to Arizona office. They neither collect the money nor send any notification. What if they never respond? I sent the package by trackable USPS so I made sure they delivered to the right PO Box. Any advise on what can I do rather than waiting?
Most likely they are extremely slooooow these days. Only explanation I can think of because of covid.
This has become a common theme, as USCIS seems to be falling apart. Anyway, you can try calling them at 800-375-5283, though it has become very difficult to talk to a person. If you can reach someone, maybe they can assist. You can also inquire here https://my.uscis.gov/account/v1/needhelp, though I think that will be slower. You can also contact the USCIS Ombudsman (a link is at right), but that will be slowest of all. And you can try all three. My guess is that you will eventually receive the receipt, and so maybe you want to wait another couple weeks before taking action, but that is up to you. Take care, Jason
MEA which state did you apply from ??
Hi Jason,
Two issues;
I mailed my wife’s EAD renewal on Oct 30. Shipping tracking says the file arrived on that day. No fee was taken from the bank account since then. No receipt either. It’s been 6 weeks. Guys, Is it the same for others?
Meanwhile, I was trying to expedite my decision. (I did the same for the interview and was waiting for 18 months to get the decision) My expedite request was accepted for a decision too and they stated “Your expedite request has been approved. United States Citizenship and Immigration Services (USCIS) records indicate that Mr. >>>>>’s case is in the final stages of processing. We anticipate issuing a final decision within the next 30 days.” It’s been 30 days and no decision yet…
We send another inquiry to ask but any guess why nothing is happening ?
I am not sure about the EAD, as that seems pretty long. You might try calling them at 800-375-5283, though it has become very difficult to talk to a person. If you can reach someone, maybe they can assist. You can also inquire here https://my.uscis.gov/account/v1/needhelp, though I think that will be slower. You can also contact the USCIS Ombudsman (a link is at right), but that will be slowest of all. And you can try all three. In terms of your case, this scenario is, unfortunately, common. I would not be surprised if you get a decision soon, but you may want to make another inquiry. Take care, Jason
Hi Jason
After approval of asylum I want to apply for RTD but have a few confusions
1 what documents I need to submit?
2 do I need any reason other than seeing the kids in third country?do I need any kind of proof?
3 for forms which are not applicable for me should I right N/A?
1 – You have to check the instructions for form I-131, available at http://www.uscis.gov. Some cases may be different, but normally you submit copies of the asylum order, your passport, and birth certificate. If you have a valid RTD, you have to send the original. If you have an expired RTD, you should send a copy. Also, the fee and 2 passport-style photos. Check the instructions to make sure there is nothing else. 2 – You do not need any reason. 3 – That is probably a good idea. Take care, Jason
Dear Jason,
Do regulations apply retroactively?
Specifically, the new regulation of 420 pages from today that encourages officers and judges to deny if an applicant missed the one-year deadline or if he flew on a non-direct flight or if he didn’t enter at a port of entry?
Will the regulation, which has an effective date of Jan 2020, apply for initial interviews of pending cases for example from 2016?
I did a post about these regs when they were proposed (the post is dated June 19, 2020). My recollection is that they will apply retroactively. However, I have not read the regs that were released yesterday, and I do not know if that was changed in the final rule (one colleague who has started to look at them thinks that the retroactivity portions have been removed). Hopefully, assuming the coup fails, Joe Biden will reverse these rules, but it will take time. Also, it is highly likely that these rules – and especially the retroactivity provision – will be challenged in court, and so hopefully a judge will block their implementation for long enough that the new Administration has time to change them. Take care, Jason
Hi Jason just FYI, I applied for work permit renewal in July got approved December 1st knowing my old work permit won’t expire until February 15 2021.
Thank you – it is so unpredictable. Some people only wait a month or a few month; others wait 6 or 7 months or even longer. Take care, Jason
Just wondering, how come he was able to apply for new EAD earlier than 180 days from his old EAD expration. If his old EAD was expiring on Feb 15, 2021, then how come he was able to apply for new EAD before August 19, 2020.
Hello Sir & hello Jason .Yes .that’s exactly what I did it was processed at Potomac service center . I was surprised cause usually they don’t send the new card before the old one expires .
The rules say that you can file earlier than 180 days prior to the expiration of the old card. If someone managed to file earlier and USCIS did not reject it, I suppose that is possible, but it is a USCIS error, and I would not file the renewal earlier than 180 days, as it will probably be rejected. Take care, Jason
I’m getting a little impatient, even though my lawyer said it really should take about 7 months to get the GC. I just feel really anxious and want to get this symbolic puzzle out of the way to make my life feel like it’s moving forward here in the US.
This unnecessary bureaucracy with asylum is pretty much a tactic that is both anti-immigrant and also a money racket to really have you pay as many dues with the potential to (excuse my French), ‘f**k you up’ if they can. Basically, its a game that’s being played with the lives of innocent people.
Part of why I also want to get this green card too is based on a recent comment I read on one of Jasons articles about family visits. My mother obviously misses me and is planning a trip with a sibling to visit next year. She does have a visitors visa, likely expired, but will need to renew it. With the potential the US consular at the embassy bringing up my claim of asylum when both are interviewed, this could be devastating for me. This is very sensitive information I don’t want revealed to my family.
So, I hope I get the GC in time so I can just tell her to explain to the officer that she is just visiting her son who is a resident.
This brings me to the question Jason, even if I don’t get the GC by the time she applies to renew her visitors visa, could she explain to the consular she is visiting her son who is a US resident?
It has happened to us twice where the consulate (illegally) revealed that the relative in the US was seeking asylum. In both cases, the person did not yet have asylum. I do not know whether that is very common or it is something very rare, though I suspect the latter (and I hope so). Maybe you could tell her that you have applied for a GC, so if they ask, she can say that. I doubt they would get into the details of why you applied, and she can also just tell them that she does not know why, all of which is true. I did a blog post about trying to expedite a case with USCIS on January 29, 2020 – maybe that would help, but we are seeing GC applications for asylees take anywhere from less than a year to over two years, and there seems to be no way to predict how long a given case will take. Take care, Jason
Jason, I am just a little curious, or perplexed rather. Since asylum is supposed to be confidential, could your clients, assuming they had not, sued the U.S. government for violating its own confidentiality rule? The rules say in plain English: “Information contained in or pertaining to any asylum application, records pertaining to any credible fear determination conducted pursuant to § 208.30, and records pertaining to any reasonable fear determination conducted pursuant to § 208.31, shall not be disclosed WITHOUT the written consent of the applicant, except as permitted by this section or at the discretion of the Attorney General.” ( 8 C.F.R. § 208.6). It doesn’t seem to me, having looked through the applicable sections of the law, that the consular officer was permitted to share the clients’ information to a third party. Unless, of course, there is evidence, which I am thinking would require a preponderance of the evidence, that there could be fraud in the clients’ applications or that the clients posed a security threat to the United States.
As well, section B of the law, according to the Legal Information Institute, says “(b) The confidentiality of other records kept by the Service and the Executive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or received a credible fear or reasonable fear review shall also be protected from disclosure. The Service will coordinate with the Department of State to ensure that the confidentiality of those records is maintained if they are transmitted to Department of State offices in other countries.”
It is, therefore, very concerning to me that the U.S. Dept. of State is- without the consent of the asylum applicant, or where there is no showing of a need to disclose the applicant’s information to a third party- sharing asylum applicants’ sensitive and confidential information to all and sundry.
In their defense, however, which I completely understand, this could be something that is just too complicated for me to understand since I am not a lawyer, and therefore the consular officer’s action was justified.
Jason, what do you think?
The DOS employees violated the law when they disclosed (to my clients’ family members) that the client had sought asylum. I forgot that I had another example where a DOS investigator seems to have revealed confidential info about my client to the home government during an investigation and they lied about what they did. It is too long to explain the story here, but I have no doubt about what happened, and so that is a third example (and a worse example) than the first two. All these events took place at least 5 or 10 years ago, and I think the government has improved on this account. Nevertheless, they clearly violated the law in each case, and in each case, no one faced any consequences. Take care, Jason
Thank you for your response, Jason. I feel like they should have sued, though. I don’t know. It just doesn’t sit well with me.
Maybe, but such a suit is a lot of trouble, and the outcome is not so clear. The DHS official who “outed” President Obama’s aunt was never punished, and so while I personally think that such violations should be punished, I also understand the reasons people don’t bother to file a lawsuit. In the two cases of my clients, there was no harm done (other than denied visas) because the info was not revealed to anyone who the clients did not already trust. Nevertheless, the people who revealed this information should have been disciplined. Take care, Jason
But why would they even reveal that I sought asylum considering that I am an ‘asylee’ and with the one year passed I am technically in resident status without the GC. Heck, I even got the stimulus check earlier this year.
I just don’t feel good about this. I am going to have make up some excuse to maybe delay the visit. I’ll reach out to my lawyer to discuss this because I’m truly concerned.
I think it is very unlikely they will reveal that you got asylum. I have not seen that happen in years, but it is possible. I do think your mother could be asked about her family members in the US. If she does not know your status here or how you got it, I do not see any reason the embassy would reveal that to her. This is not impossible, but it is very unlikely. Take care, Jason
I am a 4yrs waiting asylum applicant with the 2nd EAD. I graduated from a University in Cybersecurity in the US. Every interview and application I made, I have been turn down to work in my recent field of study due to the EAD I have (C8) and kind of field of study I graduated with. the employers normally ask for the category C8 though they see that I am qualify base my experience and study asking me to get the C9 EAD. Even the university required at the time that I have a GC or PRC to put me on an internship and begin working in the cyber field or related. or to have at least a C9 EAD.
I applied for PR or GC through the LRIF and it has been pending for 10months now. I submitted all needed documents. and stay waiting for final decision from USCIS.
Can I also apply for another EAD based on the GC application which is the c9? will it be ok to work with it when given it provided I can find a job as its has been require to have either a GC or C9 EAD based on pending GC?
I went to University and can’t work in the field after going through the Snow, rain and sun, studying hard to graduate. this has been really furstracting but thank God I can work in other field for almost 4yrs now. Everything is pending pending and pending. with the Big one of been separated from my kids for over 4yrs now.
I am told that they are dealing with my cases separately, will it be ok to have 2 EADs? and later applied for a job to work in my field of study? or what do you think?
I do not know much about LRIF, but normally, when you file an I-485, you can also file for a GC. I do not know for sure what category EAD you would get, but it would probably be c-9. Maybe you could try to expedite the LRIF green card – I wrote about expediting with USCIS on January 29, 2020. Also, you can try to expedite the asylum case – I wrote about that on March 30, 2017. You can also do both. If you get asylum or a GC, you can start the process of bringing children to the US. Good luck, Jason
Jason what’re some of your plans to reach out to congress / Biden administration and perhaps request for a redesign of USCIS processing centers operations or hire more people ? They are taking too long (years) to process and print a green card for asylees , also call them for interviews those seeking asylum , etc . .. can immigration attorneys collectively demand more from this agency ? Thank you
The non-profits that direct this effort will be working with Congress to try to make improvements. There is a lot to do (starting with – hopefully – unwinding some of President Trump’s policies), and whether Congress will be able to pass anything new, I have my doubts. Of course, if the Democrats manage to win both Senate seats in Georgia, we will be in a better position to get some reforms. One problem is that most non-profits do not seem strongly focused on affirmative asylum or court (they are more focused on the border, DACA, and broader immigration reform). I have been in touch with one group that is more interested in the same issues that interest me, and so I hope to do some work with them around improving the system. Part of the reason for trying to write this series is to start thinking about these issues and maybe hear from others about what they think is needed. Take care, Jason
Hi Jason
What vaccines are required for asylee to apply for green? I thought they are the same required vaccines for all green card applicant, but my friend told me it is different for asylee.
Thanks Jason!
As far as I know, it is the same. I think if you look at the form I-693 and the instructions to that form, available at http://www.uscis.gov, you can see what vaccinations are needed. Take care, Jason
Also, instead of listening to your friend, take the form and instruction sheet to a USCIS-recognized doctor and I am also sure s/he will know what to do.
Thanks Jason for this important article. Do you think Biden’s administration can expedite the asylum process (deny or approve) and expedite processing green card for asylees?
Thanks!
Certainly, I think they should be able to do more to quickly process GC applications for principal asylees. In terms of asylum cases, I am not very optimistic. His proposal is to send more asylum officers to the border, which may cause cases at the asylum offices to move even more slowly (if it is even possible to go more slowly than what we have now). On the other hand, if the coronavirus lets up, they have hired more officers and may be better positioned to start moving cases. We’ll see what happens. I am thinking that it will be slow for at least the next six months, even if the coronavirus starts to abate. Take care, Jason
hi jason
do the Biden administration process quickly GC applications for principal asylees only? or derivative asylee to? who got approved i730 petition already, waiting to apply for GC
thank you
Since the principal was extensively interviewed, it seems to me that a GC case should basically be automatic. Dependents may not have been interviewed, and so their cases may need a bit more work. These are just ideas though, as the Biden team has not announced specific proposals on these points. Take care, Jason
Jason, Biden has repeatedly mentioned about creating an avenue for 11 million illegal immigrants to acquire the U.S. citizenship. If Congress splits 50/50, will Biden be able to still pass a comprehensive reform with VP casting her voice as an additional vote, or is filibuster still in place? And do dems need to abide by the filibuster at all while it is all the more obvious that garnering 60 votes for any reform would be tantamount to a miracle in Senate. Or could the new administration squander another 4 years by expecting an untenable compromise?
Creating such a path to citizenship would only be possible Congressional action. I do not know whether a bill could be blocked under the Senate rules if there is a 50/50 split. I guess the hope would be to get some Republicans to join, by reaching a compromise solution. Frankly, I think that is a very long shot, and I won’t hold my breathe for comprehensive immigration reform. I do think that a more limited bill, to assist Dreamers, for example, would be much more likely to work, and I expect if we get reform, it will be in more limited ways than legalizing 11 million people. Take care, Jason