Here’s a point that should be self-evidence, but isn’t: Bureaucracy exists to facilitate the implementation of the law. Congress passes a law, and then government agencies create a system of policies and procedures to put that law into effect. In principle, this system should be easy to use and efficient, and should allow people to obtain the benefits to which they are entitled. In other words, it should be the exact opposite of what we have with the USCIS.
There are many problems with the agency that adjudicates immigration benefits (including asylum), but here, I want to focus on one particular area of concern: USCIS forms. USCIS forms are poorly designed, confusing, inconsistent, culturally insensitive, and inefficient. Here, we’ll discuss these problems in a bit more detail, and I will make some suggestions for improvement.
Let’s start with the most basic question on every USCIS form–the applicant’s name. Almost every form has boxes for an applicant’s first, middle, and last name. The problem is that naming convention vary widely, depending on where you are from. Many cultures do not have a first-middle-last name format, and so the USCIS question does not make much sense. One solution might be to ask the question in a more specific way: “Write your name as it appears on your passport.” Of course, not everyone has a passport, so maybe a second question can ask: “Write your name as it appears on your birth certificate or other government-issued identity document.” In addition to these iterations, the name question would also need to ask about “all other names used” (as many USCIS forms currently do). The confusion surrounding this very basic question–What is your name?–illustrates the difficultly of creating one-size-fits-all forms.
Another problem arises with regard to addresses and places of employment. One issue here is that address formats vary widely by country, and the forms generally only allow for addresses in the format that we use in the United States. Another issue is that different forms request address and employment histories in different ways. So for example, the I-589 form (application for asylum) allows you to list one address or one job per line, so that your address and job histories fit onto one page (with room to spare). The I-485 (application for permanent residency), by contrast, requires this information in a different format, so that less information takes up much more space. The N-400 (application for citizenship) requests the same information in a third format. Maybe this is a minor quibble, but the inconsistencies between the various forms is confusing, and it is not confined only to the applicant’s address and work histories.
One area where inter-form differences sometimes create problems is the issue of arrest history. Different forms ask about this in different ways. Sometimes, USCIS wants information about all arrests. Other times, they want only information about criminal arrests or convictions. In some questions, USCIS wants to know about arrests anywhere in the world; other times, they want only arrests that occurred in the United States. Indeed, if you look at the main forms a successful asylum applicant will complete over the course of their time with USCIS, there are probably dozens of questions about criminal activity, and those questions are inconsistent between forms, and–in many cases–confusing, even for someone trained in the law.
Speaking of confusing questions, if you look at the lists of questions on the I-485 and the N-400, you will see scores of yes/no questions about all sorts of activities. Some of these questions are not amenable to a yes-or-no answer. Others (many others) are poorly written and difficult to understand. In many cases, the two forms ask similar questions using different language. All this can easily trip up an applicant and can lead to unintentional inconsistencies where there really are none.
Another problem is the large number of yes-or-no questions on many forms (the I-485, for example, has over 100 yes/no questions). These questions relate to everything from criminal and immigration violations, to national security, to persecution of others, to membership in totalitarian political parties, to prostitution and illegal gambling. Most people check almost all the boxes “no,” but periodically, they may need to check “yes.” Given the vast number of questions, the fact that almost all are “no,” and the fact that many of the questions are confusing, it is easy to slip up and miss a “yes” answer. This can lead to big trouble, including having your application denied.
These examples represent just a few of the problems with USCIS forms, and every immigration lawyer can cite many more. The short answer is that all USCIS forms need a major overhaul. This should be done with an eye towards making the forms shorter (the I-485 and the N-400 are each 20 pages long). The forms should be made consistent with each other in terms of format and the substance of questions asked. They should accommodate different naming and address conventions.
Also, USCIS needs to do something about the overwhelming number of yes/no questions. There are too many questions, many are difficult to understand or redundant (or both), and many are irrelevant (do we really need three questions about Nazi activity between 1933 and 1945?). The number of questions should be reduced and the questions themselves should be simplified so that you don’t need a law degree to understand what the heck USCIS is asking about.
One final point on forms: Why are we still printing forms and mailing paper copies to the agency (to a plethora of different mailing addresses)? A limited number of forms can be filed online, and USCIS should expand e-filing, so that all forms and evidence can be filed online. E-filing would also solve the problem of USCIS rejecting forms for simple mistakes or for not writing “N/A” in every empty box.
To reform its forms, USCIS needs help. It needs to hear from immigration advocates, immigrants, and other stakeholders. Forms should be more understandable and more able to accommodate cultural differences. Questions should be standardized across different forms, and the format of the forms should be made more consistent. All forms should be available for online filing.
Improving USCIS forms is long overdue. Fixing the forms will make USCIS more efficient, and will ultimately save everyone time, trouble, and money. The purpose of USCIS forms is to facilitate the application process and to help USCIS determine who is–and is not–eligible for an immigration benefit. More efficient forms will help move USCIS towards these goals.
[…] Fixing Asylum Part 2 USCIS Forms The Asylumist […]
My travel document will be expired in March 2021. Most countries won’t accept it as it is expiring in less than 6 months. I plan to submit a new application for renewing my RTD.
Should I wait until it gets expired or can I start the application now? I am an asylee.
You can renew now. However, if you plan to renew before the old RTD is expired, you need to send the original RTD with your form I-131 (keep a copy of the RTD for your records). The RTD is a real pain. I have no idea why it is only valid for one year. Hopefully, USCIS will change that and issue a document with longer validity. Take care, Jason
Hi Jason,
I am applying for the 3rd time for my EAD renewal. DO you have any tips, any changes, please? I see there is one new question added Did you enter legally and been inspected… I mean yes, i entered as tourist, i don’t know what does it mean inspected and if i have evidence? I believe I94 is my evidence? a? Also, my 12 year daughter is also pending asylum, do i have to renew her EAD as well?
You need to submit evidence of the lawful entry – the passport, visa, and I-94 will do. The form is different, so you have to read the whole thing and be careful. As for your daughter, you can renew, but most people do not, as she probably does not need an EAD. Take care, Jason
You are the best! Thank you! This is the 4th time I am renewing the EAD on a pending asylum. I hope next one will be the actual Green card. I have been pending since 2015.
Let’s hope so. Take care, Jason
Hi Jason, thank you so much for your answers of every single questions, I will say no one do like that way, the way you are doing. GOD Bless you.
I have a few questions.
I filed my case in mid 2017. haven’t received any single call at all. Can’t wait no more now, But during in whole journey of wait I met with my partner, and I am deciding to have marry with her who is US citizen born.
My question is this, how long it take to get GC through marriage. Can I able to apply the Citizenship exact after 3 years of marriage even, though I will be conditional GC.
Second question is, I wanna keep my asylum case open, is it can be possible ? I mean I really don’t want to close my asylum case unless I get my citizenship through marriage. Is it would be possible to keep open asylum case unless you get your citizenship or 10 year GC through marriage.
Last Question is . When Should I file my marriage case after marry ?
1 – I did a post about this on August 6, 2018 – that may help. These days everything is slow, and I think the listed processing time for an I-485 is 1 to 3 years. Once you get the GC based on marriage to a US citizen, you can apply for your own US citizenship 3 years after that (assuming you are still married to the person, and you can actually mail the application for citizenship 90 days before the 3-year anniversary). 2 – You can keep it open. We generally close the asylum case once the person gets the GC, but you do not have to do that. You can wait until you have citizenship. 3 – You can only file after you are legally married. Take care, Jason
Jason do you know if when returning back home to the U.S. as a LPR you still have to undergo secondary inspection like they now do to Aslees returning with RTD? Or anyone here returned as LPR & got admitted without secondary inspection? I heard they just have you wait for a long time in a room, then let you enter without really questioning you again. Are All LPR’s treated the same in terms of border inspection at the airport?
If you got your LPR status through asylum and then go to the home country, you could have problems – including questions at secondary inspection when you re-enter. I have not had any clients lose their status or be placed into removal proceedings because they traveled home with as an LPR, but that is possible. I wrote about this issue on January 6, 2016. Take care, Jason
Thanks Jason, but I was asking about returning ‘home to the U.S’ from trips excluding home country visit. Do you mean LPR through Asylum must go through secondary inspection at all times?
If you are an LPR and do not go to your home country, there should be no need for secondary inspection. Anyone could be subject to secondary inspection, so it is possible that that would happen anyway, but it is very unlikely. Take care, Jason
Happy new year everyone specially Jason.
I just wanted to share my I-765 renewal timeline for C8 category. I applied on December 10th, received on December 12th and got my receipt on December 17th. It was pretty fast looking into USCIS is delaying the receipts.my service center is potomac
Thanks
That is a miracle,
Thank you for sharing this – your receipt is definitely faster than average. Hopefully, the remainder of the process will go fast as well. Happy New Year, Jason
Honorable Jason. Concern : is the i693 medical examination attached to the entire i485 and supporting package I will punch two hole and fasten , or do I leave the medical in the package but not attached to all. Please advise mister . Thank
I usually staple the sealed envelope to another piece of paper (but I try not to staple the I-693 itself, just the envelope), two-hole punch that piece of paper, and attach that to the packet. I would not two-hole punch the sealed envelope unless you are very sure that you will not damage the I-693 within. Take care, Jason
Hi Jason,
Expediting an interview will cause a negative impact on officer or just normal?
Thank you.
In my experience, it has no effect at all on the decision, and in many cases, it seems the officer does not even know the case has been expedited. Take care, Jason
Happy New Year everyone.
Want to clarify:
1. what is my current status if my I-485 Form is pending since November 2019. (Am i lawful permanent resident or not yet?)
2. With valid Refugee Travel Document I’m living in different country (not in homeland) since December 2020 and planning return back to US by February 2021, am I safe?
Thank you 🙏🏼 for your time. Be safe!
You are in a quasimode resident status. Technically, you are a ‘resident’, but still described as an Asylee. I based this on filing taxes.
If you filed for adjustment of status and you resided in the US for 1 year before leaving the country, that’s a very interesting question. As long as you have not been out of the country beyond the time allotted in your Travel Document, you should be fine. The RTD gives you one year to travel outside of the country.
Personally, I would not risk staying away too long since it could give the impression of abandonment. I want to start traveling, but my RTD is gonna expire next month and I don’t want to spend another $200 again. So, I am waiting on my GC before I can do any travel within the US.
Besides, I won’t be going anywhere until I get vaccinated.
Why do you need a GC to travel within the U.S.?
OP said they are in another country. Also, it appears that how long you stay outside the country even with a GC can affect your qualification for citizenship when the time. Its called continuous residence. My hope was to travel to Europe next year (after getting my vaccine), but I am wondering if I should just delay these travel plans after I get citizenship. I really don’t want to delay this any further than it already is.
As far as I can tell, the continuance residence requirement does not kick in until you have the GC. However, given that the GC for asylees is back-dated one year, maybe there could be issues for absences over 6 months, and I would think that the time outside the US would not count towards fulfilling the physical presence requirement for naturalization. That said, trips of less than 6 months do not break physical presence for purposes of citizenship, and as long as you spend more than 51% of your time in the US, you should be eligible to naturalize. In any event, short trips of a few weeks or a couple months outside the US would not affect a person’s ability to naturalize. Take care, Jason
This is good advice. I would just note that resident for tax purposes is not the same as lawful permanent resident (green card holder) for immigration purposes. You are not an LPR until the I-485 is approved. Take care, Jason
1 – You are an asylee or refugee. Until the I-485 is approved, you are not a lawful permanent resident (a green card holder). 2 – As long as the RTD is valid, you should be able to re-enter. Take care, Jason
Happy new year Jasón . Let’s pray and make a wish : USCIS Will finally do their job and adjudicate in. “Timely manner “ 🙂
Happy New Year to you too. Yes, let’s hope so, among many other things. Take care, Jason
Happy New Year Jason!
I have a question please: I will apply for asylum based GC on feb 2021. Can I use the notice of receipt along with travel document to travel? I mean can I show the receipt along with my RTD during my admission back to the US? Thanks!
Hello Nomad
Yes you can, I done it before, makes sure you still have valid RTD when you come back to U.S.
You do not need to show notice of receipt for GC but won’t hurt I guess.
Good Luck
It is a good idea to keep a copy of the receipt with you, in case it is needed for some reason, but the only document needed to travel and re-enter the US is a valid RTD. Take care, Jason
Happy New Year everyone. I hope this new year provides us with good health, which is critical to realizing all our hopes, dreams and aspirations. Jason thank you continuing to provide and very important resource for the community.
Side note: I just saw the $600 Stimulus check show up in my savings. After paying rent today, it really was welcome blessing to start the new year.
I hope this month I will hear some progress on my GC.
Happy New Year! Take care, Jason
Hi Jason,
Happy New Year,
I have two questions that i am very concerned, i would appreciate if you can shed some light on it.
I have applied Asylum in the US mid 2016 along in my application is my wife and two kids.
Now we have notice that my wife can also present a strong claim and we want to submit a second
application form I-589, through some information we received from different sources.
Since we are applying the second asylum application after the one year deadline, there is a chance my wife
could loose her existing EAD card and she could be refer directly to the court.
Is this the case? my second question is since we are a family and have already submitted my application
and still pending, can we present both claims at the same time during my interview section with the officer
instead of submitted another asylum application? if not then what option we have to present two claims as
one family.
Thank you so much and Happy New Year!
Best
She can file an application, but since she is already a dependent on your case, the process for that is different. You have check the I-589 instructions (at http://www.uscis.gov) or contact the asylum office – you can find their email if you follow the link at right called Asylum Office Locator. It may not be worthwhile to have her file her own case, but she can. This should have no effect on her current work permit, which is based on her status as a dependent on your case. If you want to submit her claim, she would have to file her own case. However, if her threat is also a problem for you, you can present that aspect of the case during your own interview. In short, you may be able to use her problem as part of her case, but if she wants to present her own claim, she would need to file an I-589 too. By the way, since she is currently your dependent, the one-year bar should not be an issue, since her status as a dependent on your case constitutes an exception to the one-year rule (assuming that you filed your case within the one year period after you arrived here). Take care, Jason
Dear Jason, My asylum was granted 2018 and my family petition i730 and my green card application is pending with USCIS. My work permit is going to expire 31, January 2021 and I already submitted EAD application in November 2020 but didn’t receive receipt yet. I have RTD and planning to visit third country nation to see my family please tell me in above scenario if there is any problem for me to travel third country nation while my EAD and I485 processing?
There is no problem as long as the RTD is valid. However, if you get scheduled for an appointment while you are away, and you miss the appointment, that could cause a problem, so make sure you are keeping track of any incoming mail. Take care, Jason
Dear Jason,
Hope all is well. I have a question: I had my asylum interview over 1 year ago and still did not receive a decision. I have moved to a new state, and I was just informed that I am scheduled for a second interview in another office. Is this normal? Should I be concerned? What might be the reason behind a second interview? Thank you
Second interviews are not super common, but they happen. It could be for many reasons – maybe the officer quit without completing the case, or maybe they have more questions, or maybe the supervisor and the officer disagree about the decision. When a person moves, the second interview takes place in the new asylum office, so that part is normal. Take care, Jason
Hello Everybody,
Happy Holidays,
I just wanted to share the update. I filed for I-485 by mid of November. Today USCIS collected the money which was in a form of checks. I am waiting for the receipt number now.
Just wanted to share; hopefully, others can benefit as I know the majority of cases that were filed in November have not been processed yet.
Thank you for sharing this. If you get a copy of the check from your bank, USCIS should have stamped the receipt number on the back of the check. Take care, Jason
Fasten your seatbelt, you are in for a long wait. USCIS sure does like collecting dem checks but take forever to process the actual application itself. How about process the application at the same time while they are at it.
Jason ! I wrote my name and alien number on the passport photos in pen on the back !!! Will that deny me ?
They can be real jerks about these things, but I have been writing the info with black pen, since pencil does not show up very clearly, and so far, I have not had any problem. Take care, Jason
Jason,
You mentioned about the delay in applications acceptances. We are not receiving receipts either. My question is when they start working on the file what date they will use on the applications? My envelope is sitting there in their mailbox more than 2 months. You know some applications are time sensitive. Will this hurt us?
In the past, when receipts were delayed, we would receive a receipt with the correct filing date. I expect (and hope) that that practice will continue, but since everything is such a mess, you never know. We will have to see. Take care, Jason
Hi Jason and Everyone, Happy New Year in Advance.
My question is: since uscis is backdating the asylee green card for 1 year, what if I have waited for 2 or 3 years to get my green card approve?
Do they backdated for only one year or from the date your case was approved?
Thank You
They would still only back-date for one year. I did once have a case that was backdated 2 or 3 years, but I do not recall whether it was an asylum case (I think I did not do the case; I just did the citizenship application). We never figured out why that happened – I assumed it was an error. The client wanted to apply for citizenship based on the back-dated green card, and it actually worked. But that was the only time I ever saw a GC back-dated more than one year. Take care, Jason
Hi Jason,
Interesting case (the backdate). Wondering how did that client know that his case is backdated more than one-year? Is there a place where we can check our backdate stamp?
When that person received her green card, it said “Lawful Permanent Resident since [some date].” That date was back dated further than it should have been. I really do think it was a USCIS error, as I never saw that before or since. Take care, Jason
Hi Jason
And Everyone
Does anyone know the wait time for Boston if one is on the waitlist?
Thank you
Does anybody know why the “Receipt date for a case inquiry” on the “Check Case Processing times” moving back in time?
I was checking I-485 in Texas Service Center and it just moving back in time. It was Nov 2019 then March 2019, then August 2018, then April 2018, and now it’s Nov 2017
If I understand the question, I think you are referring to when you can make an inquiry with USCIS. It sounds like you could–at one time–make an inquiry if your case was filed before November 2019, but now you can only make an inquiry if your case was filed before November 2017 (of course, you can make an inquiry regardless, but USCIS may not take any action unless your case was filed before November 2017). I do not specifically know why, but my guess is because USCIS is a disaster and they are not handling their case load. So now they are saying that I-485 forms are not outside the normal processing time unless they were filed before November 2017. Take care, Jason
Hi all,
Well, we know that those days USCIS receipts are not arriving on time. For instance, my initial EAD application’s receipt have been pending 62 days since USCIS lockbox received my application. How long have you waiting your receipts if you applied recently? Please any timelines??
We are seeing people who wait more than 60 days. USCIS made an announcement about this, which I wrote about on December 18, 2020. Take care, Jason
Dear Jason . Quick question I know this may sound dumb but I’m doing my AOS package alone because I cannot afford to pay a lawyer . I’m trying to figure a way to incorporate the two passport style photos in the the entire two hole punched assembly . Should I staple them somewhere ? Or throw them in the envelope or glue them to a white page . How do you go about this sir ? I don’t want them to lose my photos and then they RFE . Thank you
Hello Jason, i have a question for renewing EAD should i attach I-589 recipet or eior court letter cause i got referral to the court by asylum officer also should i attach passport photo as well?
Thank you so much.
I would attach copies of the asylum receipt, the next court date (the EOIR court order, listing your next date), and the original passport photos (plus any other required documents and the fee). Take care, Jason
I put the photos in a separate envelope (with the fee) and staple the envelope to the cover page. Take care, Jason
Thank you so much, can i ask one photo or two?
If the only form you are filing is the I-485, you need two photos. If you are also filing other forms, you may need more photos. Be sure to write your name and A number on the back of each photo in pencil. Take care, Jason
Sorry to bother you it’s renewing work permit under c8
For renewing EADs, we include two photos (with the name and A number on the back). I have not looked at the instructions in a while, and so that may not be required, but that is how we’ve done it for years and so I know it works. Take care, Jason
Dear Jason,
I have been hearing that the new Biden administration is gonna make radical changes to the asylum system. i heard that Biden will revert back to FIFO system for handling asylum interview dates instead of the LIFO system which Trump administrayion brought. Did you also hear that?
I have not seen any news about LIFO or FIFO under the new Administration and I think there has been no decision about that issue yet. If I hear any news, I will try to post it here. Take care, Jason
Dear Jason,
I have relatives that traveled here early this year before the covids on B-2 visa, they submitted a I-539 “extension of nonimmigrant status” (~$600) and requested 6 months of extension, on the account their country is locked, so far they’ve only gotten the initial receipt but no decision or any communication on the case, the 6 months they requested are now up and don’t know what to do, do you think we should send another I539 asking for another 6 months out or just wait for them to respond?
I do not know, but it is pretty common that USCIS will send the approval for an additional 6 months after that 6 months has already expired. Since their I-539 forms are still pending, they can file another I-539 asking for additional time. This is expensive, and it might not work, but it is only legally possible to ask for more time using an I-539 if the person is still “in status” or has an application pending. So if they want more time, they should probably file before they get a decision. This is kind-of expensive, and so they may want to talk to a lawyer about their options before they file another I-539, as maybe there is a better choice for them. Take care, Jason
OMG!!! Jason, excellent piece! I agree 1000%. The form can be tricky and some of the sentences seem awkward, confusing, and redundant! I remember filling out my I-485 with my attorney and we had difficulty figuring out what some of the questions were actually trying to ask and if the questions were intentionally designed to trip up the applicants. I also remember being asked 1 question in 5/6 different ways- sometimes just 1 or 2 words different in each question. It’s very clear to me that the questions were intentionally designed to do this.
Let me not even get started on the one-size-fits-all contact and certain biographic information questions!
We should lobby to have the I-485 and N-400 forms shortened and worded differently and more simply. How do we make our voices heard in this regard?
Thank you – I really do not think it was intentional, but they really could not have made it much worse if they had been deliberately trying to do that. Hopefully, this will be one issue the new Administration looks into. Take care, Jason
I really hope so too.
Hi,
If anyone recently filed application for EAD (renewal) from Los Angels? Any idea how long it’s taking to get the receipt, just the receipt (not worried about the actual card).
Thank you again!
Merry Christmas!
I have not, but in general, EAD receipts (and all receipts) have become very slow – some are taking 2 months or more. It is a real mess. Take care, Jason
Dear Jason , im a green card holder from granted asylum. Is it ok for me to go back home.my whole fimili got infeced with the covid19. I really want go see them. Travling to my home country will it be a problem in the future.pls advise
Thank you
I have had clients do this and not have any problem. However, it is possible a return trip would cause USCIS to believe that your asylum case was fake. You should be prepared to explain why you returned and how you stayed safe. If you do not have a good explanation about these things, it could create real problems when you re-enter the US and when you try to naturalize. I wrote more about this issue on January 6, 2016. Take care, Jason
My friend made that twice, the third they return her back home, and if u do that ur citizen ship will take long,don’t leave,
Dear Jason,
I have noticed the processing time for 1-730 has been changed to 2-7 months at Nebraska Service Center, do you think that is an error or what, they show 28 may 2020 case, while mine is 24 January 2020.
Best,
Mano
I guess it could be an error, but since you are outside the posted processing time, you can try to call USCIS (800-375-5283) to see whether they can help. Also, you can make an inquiry with the USCIS Ombudsman – they sometimes help with delayed cases, and there is a link to that office at right. Take care, Jason
Nebraska seems to have slowed down badly, even pre-COVID it was quite fast. I am just hoping by January or February I’ll hear something regarding my GC application.
Hello Jason?
Can you expedite the decision of an interview like you can for the interview itself? If yes, have you written an article about it, so I can take a look, or if you can reply with an answer how can I expedite the decision?
Thank you and Happy Holidays
You would do that the same way you try to expedite an interview, which I wrote about on March 30, 2017. You can also try contacting the USCIS Ombudsman (a link is at right), which sometimes helps with delayed cases. If all else fails, you can try a mandamus lawsuit, which we wrote about on October 2, 2018. Take care, Jason
Honorable Jason,
Thank you for your priceless service. Have you ever considered taking over the S Miller portfolio. If time limits you, at least in advisory role. The Biden administration is facing the same direction as you, so your detailed input will revamp the final product substantially. Take Care.
If Mr. Biden call, I will let you know. I am waiting for my phone to ring…
Jason,
I am in the backlog since Jan 2015. Do you have information which month and year they are interviewing in the VA asylum office?
Do you expect the process to change atleast to a mix of LIFO & FIFO in the new administration?
As always, Good bless you for being our light in the darkness.
There is no schedule, and so it is impossible to say. They are trying to do LIFO, but are not interviewing many cases. You can try to expedite – I wrote about that on March 30, 2017. That is probably the best chance to get an interview these days. As for the Biden Administration, they have not indicated whether they will do LIFO or FIFO or something else. We shall see. Take care, Jason
Hi, Jason
I had a master calendar hearing in January 2020, but i did not have a lawyer and i was re scheduled to January 2021. Soon after the MCH they gave a letter that says Master/Individual hearing. My questions are; what does that mean and what are the proceedings, i havent found a lawyer yet and can i proceed without one, Is it something i can re schedule and how do i go about it.Thank you
Most MCHs are being postponed due to covid, and so it will likely not go forward. However, the judge can handle it in different ways, and if you do not have a lawyer after one year, I would not be surprised if the judge forces you to move forward with the case. Normally, this means scheduling the Individual Hearing, and so you would still have time to find a lawyer. However, if you have not already filed for relief (asylum, Cancellation, and/or something else), you may need to do so. Failure to file for relief can cause the judge to order you deported. I highly recommend you talk to a lawyer, as that is very helpful for a court case. Take care, Jason
Hey, is there a new rule so you must do a fingerprints every time you renew your ead under C8 category? I just don’t get why they need finger prints every 2 years
You have to pay for fingerprints in most cases, but whether USCIS will actually make you take fingerprints depends on the case. Take care, Jason
HI Jason,
How long does it take for BIA to respond for appeal case? it is possible to get married to Citizen if your appeal is pending or rejected?
Thnx
A BIA case probably takes 6 months to 2 years, beginning to end. If you get married and are eligible to adjust status, you would typically need to file a motion to remand the case to the Immigration Judge (talk to a lawyer about this). I wrote about marriage to a US citizen on August 6, 2018. Take care, Jason
Hi Jason,
I am an avid follower of your blog and there is no one who help the most vulnerable us ( Asylee’s) out. I have a question to ask, my wife and son were granted derivative asylum status when they were abroad and they entered the US as follow to join asylees through i730. Now both my son and wife are GC holders based on their derivative status. Can both my son and wife travel back to my COP without any issue or will that really matter when they return or at the time of citizenship? I would appreciate any advise on that?
Normally, a derivative can return to the home country, but I would be careful – if your asylum claim indicated that your whole family faces danger in your home country, it may be an issue for them to return home (realistically, there is little likelihood of a problem, but it never hurts to be careful). Of course, they also have to meet the requirements of citizenship – including not leaving the US for more than 6 month at a time and fulfilling all other residency requirements for citizenship (which you can see on the N-400 page at http://www.uscis.gov). Take care, Jason
Hi Jason. Congress passed Covid19 relief Package Yesterday. I am Asylee and got RS 1200Check in first phase of Covid19 relief . My Family reached USA in August 2020. They have Social Security Card too but not working and given Tax. I have big Family with wife and 7 kids.3 are 18y plus and others under 18. My Question is that cn we all family members get stimulus Check by IRS?
I am not Jason but I think you are the only individual that qualifies for the stimulus check because you didn’t claim them on your 2019 taxes
I do not know about that – I suspect that asylees would be included. My guess is that more information will be available once this starts to get implemented. Also, the Washington Post had an online tool to calculate your payment – maybe you can Google that to see if it helps. Take care, Jason
They will just give you becouse they chek last year irs tex details. Because you were alone on tex just you will get but as soon as you add them in your next tex may be they will get next check. If Biden win both two seats in Georgia.
I think there is a option to get this money as a non tax filler category. Check through the IRS website.
Dear jason , does the i485 have to be consistent with the 1589 ? In the sense that I listed affiliation or sympathizer with political parties in the my i589 . Should I put those same groups/parties on i485 ?
If it is not consistent, you need to explain why. The question about organizations should be consistent, as it includes membership in past organizations. So maybe you were a member when you filed for asylum, but are now an ex-member. Either way, you need to list it on the I-485. Take care, Jason
What is funny is that in many forms (that has not been updated recently) if you type N/A the PDF validator will not allow that so if you filling using a computer you cannot type N/A in empty boxes….
And I totally agree on the e-filling. USCIS director said last year it will expand e-filling to include I-485, I-765 and I-131 but maybe partly due to the COVID we don’t see any of that happening.
But I can see the difficulties of online filling system – you need to design very complicated business rules and keep updating based on changes of laws or even law suits.
That is why I think it would be much easier to USCIS to just give up on designing and maintaining their own e-file system and learn from the IRS – open up your API to your internal record system and allow 3rd party vendors to design the UI and sent you the data. You can of course certify the vendor product just like the IRS does and I believe this would not only benefits the immigrants but also law practitioners because they might be able to file directly using the data in their CRM system instead of dealing with paperwork and introduce potential errors.
Another issue that I am suffering myself is that I am close to applying for the i485 In January but here’s the catch the edition is expired and on the website they state that you continue to use that, but that SOON** ….soon but god knows when , they will release a latest edition . I called and they don’t know the specific date but they say that soon they’ll release that new edition . So what if I mail the i485 mid January old edition and I’m unlucky enough to have USCIS release that new edition the same day I mail my package? I risk getting denied . This is another example on how they are a complete and brilliant disaster . They should get a medal for messiest agency ever , on top of their notorious world Guinness record on taking years to print documents .
They are a disaster, but this is not something you need to worry about. They always give at least a little warning beforehand, and if you mail the case while the edition is still valid, USCIS will accept it, even if they later publish a newer addition. Take care, Jason