There are currently over 1.2 million cases pending before our nation’s Immigration Courts (how many of these cases involve asylum, we do not know). The average wait time for a case is 849 days. What has caused this large backlog, and what can be done to alleviate the long waits in Immigration Court?
There are a number of reasons for the Immigration Court backlog. As with the Asylum Office, the basic reason is that there are too many cases and not enough Immigration Judges (“IJs”) and support staff. But a significant aggravating factor is what Judge Schmidt calls “aimless docket reshuffling” or ADR, which he defines as “arbitrarily or maliciously moving cases around without actually deciding them.” In other words, different Administrations have different priorities, and when Administrations change (or change their priorities), cases get moved around in ways that do not result in their completion, but do result in significant delay. The Obama Administration was responsible for its share of ADR, but the Trump Administration–with its decision to make every case a priority–has turned ADR into high art. Other aggravating factors include increased resources for enforcement without a commensurate increase for the Immigration Courts and a significant influx of asylum seekers from Central America that began in about 2012. One last factor is EOIR leadership (EOIR is the Executive Office for Immigration Review – the agency that oversees the Immigration Courts), which under the Trump Administration has been composed of partisan loyalists who lack the competencies needed to run a large organization.
So what can be done? Below are a few suggestions for improving the situation in our nation’s Immigration Courts. Some would require Congressional action; others would not:
Article I Courts: The National Association of Immigration Judges and other advocacy groups have long supported the idea of making Immigration Courts into “Article I” courts. Article I refers to the U.S. Constitution, which gives Congress the power to create an independent court. Currently, Immigration Courts are part of the Department of Justice, which is subservient to the Attorney General and ultimately, the President. An Article I court would operate independently from the Executive Branch and would thus be less subject to political influence.
I must admit that I have been largely ambivalent about the Article I idea, since immigration and international relations are so inherently political. However, after four years of the Trump Administration’s unprecedented politicization of the system, it is becoming increasingly clear that subjecting the Immigration Courts to the vagaries of our political process has contributed to the mess at EOIR. A more independent system would reduce aimless docket reshuffling and increase efficiency. IJs could better control their dockets, and there would be more certainty for litigants.
Prosecutorial Discretion: Given limited resources, we should be selective about who we try to deport. Criminals should receive priority over law-abiding non-citizens. Previously, with the consent of DHS (the prosecutor), IJs had the authority to “administratively close” cases that were low priority. That way, they could focus on more urgent matters. The Trump Administration eliminated this prosecutorial discretion and made everyone a priority for removal. And if everyone is a priority, no one is a priority. It makes sense to use resources wisely and to set aside low-priority cases, and so I hope that the Biden Administration will restore prosecutorial discretion to help ease the burden on Immigration Judges and DHS.
Premium Processing: Certain applications before USCIS allow for premium processing. The applicant pays money to receive a faster decision (though not necessarily a better decision). Maybe EOIR could create some type of premium processing so that respondents in court can pay additional money to speed up their case. The people who pay this fee would benefit the most, but the infusion of money into the system should benefit everyone.
Empower DHS: DHS attorneys are overworked and lack the resources necessary to properly do their jobs. Adding additional staff to the various DHS offices would allow those attorneys to review applications for relief in advance and–where appropriate–agree to relief. Even if only a small percentage of cases were removed from the mix, it would help free up space on the court’s docket. If this idea were combined with premium processing, a respondent could pay a fee to have DHS review her case (and DHS could use this money to hire more staff). Maybe DHS could even meet with the applicant to explore whether relief is appropriate, and if so, it could inform the IJ, who would then grant the relief without a hearing.
Pre-Master Calendar Hearings: Master Calendar Hearings (“MCHs”) are a huge waste of time for judges, DHS, applicants, and lawyers. Why not require any alien who enters the system to attend a pre-MCH with a member of the court staff (not an IJ). The pre-MCHs could be arranged by language group, so that everyone attending speaks the same language and the staff member could be fluent in that language (or have an interpreter). At the pre-MCH, the non-citizens would watch a video–in their own language–explaining the system and their rights (basically what the IJ repeats to pro se respondents 31 times each MCH). The staff member could answer basic questions and encourage the pro se respondents to find lawyers (basically what the IJ does 31 times each MCH). Respondents who will not use a lawyer can be scheduled for an in-person MCH, like what we have now. Those who say they will hire a lawyer will be given a deadline for the lawyer to enter her appearance. If the deadline passes, the respondent will need to attend an in-person MCH.
e-Filing and e-Master Calendar Hearings: Federal courts across the United States require electronic filing, and Immigration Courts have been trying to implement a similar system for almost two decades. Once an attorney enters his appearance, he should be able to go on-line and plead to the allegations and charges in the Notice to Appear (the charging document in Immigration Court). He should also be able to indicate the relief sought and submit applications. If there is some reason that the lawyer needs to see the IJ, he can request to appear at a MCH. But for the large majority of cases, all the pleadings and requests for relief could be done on-line. An easy-to-use, workable electronic system would avoid MCHs and save significant time and money for the courts, DHS, and respondents.
Impose Costs: One final idea for infusing money into the system would be to impose costs. I am not a big fan of this idea, but it might be worth exploring. Criminal and civil courts routinely impose costs and fines, so maybe Immigration Courts should too. There generally is only one reason that a person would have a case before an Immigration Judge–he violated the immigration law. Maybe the violation wasn’t his fault (in the case of a referred asylum seeker, for example), and so a fine may not be warranted, but the IJ can make that determination. The Immigration Court system is expensive, and there is an argument that people who are in the system because they violated the law should help pay for it. If this idea were implemented, one way to ease the burden would be to spread out the cost over time, and make that a condition for maintaining status.
There is a lot of work to be done to start addressing the mess that is the Immigration Court system. Hopefully, EOIR can implement creative and compassionate policies to increase due process and decrease the backlog.
Hi Jason,
My case was postponed last year November 27 to future date because of pandemic in Arlington immigration court. Also there are implementing not to have second master hearing (mine was second master hearing on that day). I am checking once a week case automation system. It still not scheduled yet. Do you have any idea about that enhance court flow processing policy in Arlington immigration court? I heard Judge Burmen doesn’t like to expedite court cases.
Thank you
Please disregard duplicate
J. Burmen will expedite once in a while, but in general, it is not easy to expedite – I wrote about expediting on April 20, 2017. Maybe in this case, you (or your lawyer) can call the court and ask his clerk about when the case will be scheduled – you can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Thank you for your response. I tried to call Judge’s clerk several times but nobody pick up the phone. I left voice mail nobody replied.
Are they scheduling postponed case because of pandemic at all? Are they implementing enhance case flow processing policy yet? The average waiting times longer and longer now. Since my case was postponed for future dates, is it still be same judge or different judge?
Thank you
Unfortunately, they often do not answer or call people back, and that includes lawyers. You can go in person and ask at the reception window. Some postponed cases are being rescheduled, and sometimes that is within a few months; more often it is a year or two. Usually, but not always, it is the same judge. In terms of their case flow system, I do not know about that, but it is clear that things are moving slowly and many cases are still being cancelled – I plan to do a blog post about that for tomorrow if you want to check back. Take care, Jason
Jason,
Do you know if Enhance case flow processing policy is being implemented at all? I know they revised back in April. I am wondering if they still scheduling second master hearing even if we have a lawyer or scheduling for individual hearing.
Thanks again
I have no idea as everything is such a mess. Some MCHs are canceled; others go forward; some are in person; others by video or in writing. It seems that it is every judge for himself, and so the whole system is utter chaos. I think we have not had a second MCH in some time, but I am not certain about that. Take care, Jason
Hi Jason,
My case was postponed last year November 27 to future date because of pandemic in Arlington immigration court. Also there are implementing not to have second master hearing (mine was second master hearing on that day). I am checking once a week case automation system. It still not scheduled yet. Do you have any idea about that enhance court flow processing policy in Arlington immigration court? I heard Judge Burmen doesn’t like to expedite court cases.
Thank you
J. Burmen will expedite once in a while, but in general, it is not easy to expedite – I wrote about expediting on April 20, 2017. Maybe in this case, you (or your lawyer) can call the court and ask his clerk about when the case will be scheduled – you can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Thank you Jason
Hi Jason!
I heard back from USCIS regarding my EAD renewal that has been pending for close to 8 months, news aren’t good. I tried to expedite and they denied my request. The email response was:
U.S. Department of Homeland Security
NEBRASKA SERVICE CENTER
U.S. Citizenship and Immigration Services
Monday, May 3, 2021
Dear xx:
On 04/27/2021, you or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:
Caller indicated they are:
— Applicant or Petitioner
Attorney Name:
— Information not available
Case type:
— I765
Filing date:
— 09/28/2020
Receipt #:
******
Your USCIS Account Number (A-number):
— Information not available
Type of service requested:
— Expedite
The status of this service request is:
We are unable to expedite your application/petition at this time as this case is undergoing additional reviews and requires a longer processing time than normal.
We hope this information is helpful to you.
And the case status online:
Expedite Request Denied
On May 3, 2021, we denied your request for expedited processing of your I-765, Application for Employment Authorization, Receipt Number *****. We do not believe, based on a review of your request, that your case meets one or more of the expedite criteria and otherwise merits expedited processing. We review all expedite requests on a case-by-case basis, and we grant them at the discretion of the director. Information regarding the USCIS expedite policy, including the expedite criteria, is available at http://www.uscis.gov/forms/expedite-criteria. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
My spouse filed later than me, we did fingerprints on the same day about 6 years ago, they didn’t mess around with that application and we received that card a while ago. Mine has been under review for a very long time. It’s a simple renewal, my 4th EAD to date, never had problems and had them approved within 4 months. I have my fingerprints taken, I did file on time, I did everything correctly. They are giving me unnecessary difficulty and I feel this is unfair treatment on their end. They didn’t even ask for evidence of the difficulty and abruption this will cause in my life, straight up denied.
I submitted an inquiry on the basis on case is outside of normal processing time, the answer was bland for that too, saying it takes longer, extra review, etcetera. I can’t submit a new inquiry because they technically answered that one I submitted earlier.
My 180 day extension ends in 2 weeks, my employer voiced that they need my updated EAD info, I don’t know what to do. I am drafting a message to my local congressperson to help me out and intervene if they can. I have a lot to lose.
I read somewhere that expedite requests do more harm than good, and basically USCIS can place your file in the bottom of the pile after you try to expedite and you case more delay to yourself. Is that true?
Thank you for your input in advance.
I did a post about expediting on January 29, 2020 – there, I think I listed the requirements to expedite. In any case, the wait time and the “additional reviews” are ridiculous and it is a real disgrace that you are being treated this way for no reason. Probably it was related to changes to EAD policy implemented in 2020 (and partly blocked by courts). I wrote about that on September 23, 2020. In any event, I think Congress is a good idea. Also, you can inquire with the USCIS Ombudsman (a link is under Resources) – they are free and sometimes help with delayed cases. Unfortunately, neither path is very fast. Given that you are likely to lose your job if USCIS does not do its job, I recommend trying to call them again (800-375-5283) and seeing if you can elevate the issue. It now is an emergency and maybe you can reach a person and convince them to take more immediate action. Good luck, Jason
Hi Jason!
You might remember me… waiting for adjudication since 2015… I learned to live with the unfairness of the system and moved on with my life. I am in nursing school now and I feel empowered and content.
Individual hearing rescheduled from 2020 to 2023 due to covid.
My EAD expired last November so I need to renew.
I was getting ready for the merits hearing last summer so I forgot I need to send in the packet 90 days prior expiration so I sent it about 50-60 days prior expiration date. That’s when they changed the fee (charge for biometrics even if you already have them done), so my initial renewal application was rejected, resent the package end of September 2020, pending ever since stuck on “Case was updated to show fingerprints were taken”
I tried to inquire a month ago, got this answer:
“The status of this service request is:
U.S. Citizenship and Immigration Services (USCIS) records show that your case is currently pending adjudication. However, we have had to perform additional reviews on your case, and this has caused a longer processing time.
We hope this information is helpful and appreciate your continued patience.”
Very helpful…
I tried to expedite today by talking to a representative online by stating that I will have extreme financial difficulties if my EAD won’t get approved soon.
My question is: I have 3 weeks left of my 180 day extension…
If my EAD don’t get approved by then, I have to leave my jobs? (Yes I have multiple jobs to make ends meet and deal with the costs of living in NYC)
Also nursing school, it was very hard to get in, I need to maintain status to stay in. I spend thousands on school and sacrificed a lot.
Please help me out.
If the EAD expires and you continue to work, there is generally no effect on your asylum case and given that any gap is likely to be short, there is probably little risk for the employer or the school. So if they do not mind keeping you, probably no one will have any issues as a result of working while you wait for the new card. That said, it is not legal to work, and so maybe the employers can give you a leave of absence or come up with some other arrangement (maybe just pay your commuting expenses and other incidentals until they can resume paying you a salary, or give you a bonus before the EAD expires and allow you to “volunteer” there until new EAD arrives). I do not know a lot about employment law, and it may vary by state, but if they are willing to be flexible, maybe you can come up with an idea. In terms of the school, I do not know what the requirements are to stay enrolled, and I do not know why they would need to kick you out once the EAD expires. If they are planning to do that, you may want to talk to them about the basis for making you leave, since you do still have an application for relief pending. If they are not raising the issue, I am not sure that you are obligated to raise the issue, and attending school without an EAD will not affect your asylum case. Finally, in terms of expediting, I did a post on January 29, 2020 – maybe that would help. Take care, Jason
Thank you for the fast reply!
Now I wait and pray for an approval soon… pending EAD over 7 months, this is my longest, all 3 of my previous EADs were approved within 3-4 months, even the initial one. My spouse applied for renewal 12/2020 and got approved in March…that was an IOE receipt number, mine is LIN. Nebraska seems to be off with their time management. Although the IOE also showed Nebraska, just online.
I’m clueless as of how and why they do this to people, especially in the same household.
Dear Sir,
Thank you very much for your tremendous service for us.
I have a long story to tell you.
I had some political issues in my country and i came to USA to save my life. I did not know much about Asylum and somebody helped me to file my asylum application.
I went for the Asylum Interview at the USCIS office and I realized that my declaration was not filed with my I-589 application.
My case was referred to Immigration court because of “material inconsistency(ies) between your testimony and application and / or other evidence.”
I retained an attorney for my case and my case is coming up on 6/29/21 for individual hearing.
My attorney still did not ask me about my declaration. I feel to change my attorney.
Sir
Can i file my declaration now in immigration Court before the individual hearing?
Also, I can submit affidavits from my wife and my sisters to prove my case. can I do that now?
Please help me.
Thanks
You can file a declaration and other evidence, and in fact, without such information, it will be harder to win your case. There is still time before your hearing, but you should be working on this soon. Maybe remind your lawyer about the upcoming hearing, as you should at least be gathering evidence. In addition, last December, they changed the rules so that all evidence is now due 30 days before your court case, and so you don’t have a huge amount of time. Finally, do not submit anything to the court without your lawyer, and everything should be submitted at the same time in an organized way and per the court rules. You have a lawyer for this purpose and so you should talk to the lawyer about this. If the lawyer is no good, you should change lawyers as soon as possible, since a new lawyer will have to start all over, and there will be some time pressure since your case is coming relatively soon. Take care, Jason
Hi Jason,
Thank you for your updates.
I was just wondering if it is possible for immigration lawyers to suggest a positive and a fair change for the asylum seekers to be included somewhere in these new immigration changes?
Since many of us are struggling and have been waiting for a long time. Although, its not really in the lawyers hands but it might impact it in some positive way in my opinion.
Hoping to hear good news very soon.
Thank you and keep safe!
The pro-immigrant organizations will be lobbying for various changes, and so we will see what happens. At least the Administration has indicated that it will listen, so that is a positive step. Take care, Jason
Hi Jason,
Can you please explain if I am wrong about Biden’s new immigrants plan for the one who is unlawful staying in USA Friday 5 years can get green card. If I have an asylum case pending for three years and my decision is pending, am I qualified to get green card after 5 years if I didn’t get any asylum decision fro this period?
Thank you for your help
No one knows, as the full plan has not yet been released – only a summary. Also, the plan need to get through Congress, where it could change (or die), and so we will have to see what it looks like at the end of the process. Take care, Jason
Good evening Jason,
Thank you in advance for your help.
Today ,I received a mail that state my biometric is scheduled for February. It has a specific date and time. I wonder why this time?
My individual hearing was Scheduled on July 2020 but due to the pandemic it didn’t take place. My case is still pending no specific date rescheduled for my individual hearing yet.
What for the biometric requested ?
Certain applications require biometrics, and they normally give a specific date and time, which you must follow or they will not take the biometrics. What you describe sounds normal, but if you cannot attend the letter has information about rescheduling (though it is better to just take the letter and your ID and attend the appointment). Take care, Jason
Good evening Jason,
Thank you in advance for your help.
Today ,I received a mail that state my biometric is scheduled for February. It has a specific date and time. I wonder why this time?
My individual hearing was Scheduled on July 2020 but due to the pandemic it didn’t take place. My case is still pending no specific date rescheduled for my individual hearing yet.
What for the biometric requested ?
Hi Jason,
I have a question regarding the new immigration rules that -might- be passed. I have an asylum case in court and for now, the hearing is in 2022 and the TPS is open for my country. Do you think applying for TPS -first time applying- would help me get a status faster ? (as the new bill suggests adjusting of status for TPS holders to become lawful residents). or is the law applies only for people applied for TPS before 2021?
also, my attorney stated I might lose the case in court if I applied for TPS, which is a risk I’m willing to take if it was a shorter path to adjust my status as I’ve been here for +8 years and I’ve been working, paying my taxes and etc…
your thoughts will be highly appreciated. thanks!
I do not see why having TPS would hurt an asylum case in court. I do not know your case, but in general, it seems to me better to have TPS. That way, if other options become available to you (maybe for example, getting a GC though a family member or a job), you might be able to pursue that more easily if you have TPS. Also, if the law changes and TPS people are allowed to get a green card, you will be included. I think you need to talk to the attorney to understand what your attorney is concerned about, as I am not sure what that could be. Take care, Jason
Hi Jason,
Thank you for this article and many more, much appreciated.
I’m curious, how does President Biden’s memos and executive orders on immigration impact asylum cases pending in immigration court?
2. Will the ‘earned citizenship’ applies to such individual when it does become law of the land?
3. Are asylum seekers able to seek such relief now or at some point?
Best regards
There is nothing much to report yet. The proposals for asylum are still proposals – they need to go through Congress. I have not seen any changes yet that are executive orders or memos that affect asylum, but those will be coming, and I will try to write about them here. Take care, Jason
Thank you Jason.
Hi Jason, thank you for your help. my interview was scheduled for the month of june but because of the pandemic it did not take place and since then I still have no news. What can I do?
I called everyday with my A- number too check if they schedule me but still no
An asylum interview? You can email the asylum office to ask about that. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Yes my individual hearing before the immigration court. I’m in New York
Hello Jason, I am a green card holder based on an asylum based on FGM and sexual harassment. I need to see my mother urgently. She traveled to a third country in which they don’t accept refugee travel document for visa purposes and I must have a national passport. My questions are :
1- I want to renew my national passport. Would that a problem in the USA airports or for USCIS in my citizenship application and interview even though my case was not based on fear from the government and it was just about FGM and how the government cannot handle or stop FGM and sexual harassment?
2- I applied for a refugee travel document three months ago and mailed it to the texas lockbox and until now, I did not get any receipt neither my USPS money order was cashed. I tried emailing the lockbox and they sent an automatic reply that they will respond within one month and now is 1 month and a half without a response. What should I do with them as I really need it as soon as I can to see my mom in the third country or her visa will expire?
3- The last question is if I didn’t receive the refugee travel document soon, can I travel from the US to a third country using my national passport with a visa for the third country and return safely to the US with my green card and national passport even though I am a green card asylee based on FGM?
Thanks for your help.
1 – I think the worst case would be that you are asked about the passport and travel at the airport when you return, or at your citizenship interview. I expect it will not be difficult for you to explain why you got the passport and that you are not afraid of your home government. 2 & # – You can try calling USCIS (800-898-7180) or contacting them through http://www.uscis.gov. Maybe they can help, but if the receipt did not arrive after three months, that seems too long. I wonder if it was actually received. If you cannot reach them, maybe you want to apply again. But if you have the GC and a valid passport, you should be able to travel and return. Take care, Jason
Dear Jason and friends here!
I’ve just come across the headliner on Yahoo saying :”Trump orders 18-month halt to removal of Venezuelans from the U.S” – and this really, I mean really pissed me off! What a hypocrite SOB this guy is, ha? So, all these 4 years of his presidency he systematically cracked down on immigrants, the most vulnerable part of the American society, he banned Muslims, he revoked work visas, etc. and etc and now on his f*cking (pardon me for that word) last day he wants to halt removal of Venezuelans?! What kind of bastard he really is? It is just the same as if the killer of his own parents would have asked for a judge indulgence in the court because now he has become an orphan. What a shameful creature Trump is!
“God’s special creature!” , John Milton, “Devil’s Advocate” movie, 1997.
Venezuelan-Americans supported Mr. Trump’s election bid, and so that may be the reason. But in any case, Venezuela is a mess and TPS for Venezuelans seems reasonable (though certainly overdue). My guess is that Joe Biden would have issued TPS for Venezuelans if President Trump had not done it. Take care, Jason
Hello Jason thanks for you time and giving us such a useful information. I applied asylum on July 2016 and still its pending. Does President-elect have any plan for us?
We do not know yet. It sounds like we can expect some announcements today or in the near future. Take care, Jason
Hello Jason,
I have requested the asylum office to withdraw my asylum application since I got my green card through marriage. I have received a letter administrative termination(C3) ..according with your request to withdraw your application form further consideration, your case has been terminated.
– does this means my case is withdraw or close?
Thank you,
It sounds like the asylum application has been withdrawn and the case is closed. That is standard when you close a case after you received a GC. You should keep that letter in case you ever need it (for example, when you naturalize). Take care, Jason
Hi everyone,
While biden administration is planning to give green cards to undocumented immigrants, i think we can also reach out to our local congressman/women to include asylum seekers in this policy. Even though everything probably has been already finalized by the administration however we can still raise our voice to have them think about us. I texted and email to lot of people i know and they appreciated that initiative and agree to do so. I think if we all together fight for this, there would be a possibility to have something good for us(asylum seekers).
Anyways hope for the best guys.
I think we will have to wait to see the proposal (probably tomorrow), and then it will go to Congress where there will be a lot of discussion about the final bill. I do hope that asylum seekers will be included somehow, and once we see the initial proposal, I expect the NGO community to get involved. Take care, Jason
Hi Jason.
If not included asylum seekers,who are those people who have lived 5 years and are undocumented?
If they are not asylum seekers.
Who are those who are called undocumented immigrants?
We’ll have to see what the actual bill looks like (so far, I have only seen a summary). Also, we will see what cab get passed in Congress. But I would imagine “undocumented” people might include asylum seekers. We will have to see exactly how it is defined. Take care, Jason
Hello Jason!
Thank you so much for your help and guidances
I have been waiting for my I-131 application to be approved for almost 8 months. I really need to receive my travel document as soon as possible. My expedite request has already been denied but I’m waiting for almost 8 months now! If I wanna send my inquery to congressman, How can I find the right congressman to send my complain to? what is the process and what should I tell the congressman? Should I send a letter?
Thank you!
Best regards
Hi Bobby
mistakenly understood what Biden….
Biden said to give a green card to all those who do not have documents. (Asylum seekers, and some others who have lived in the USA for more than 5 years. But who have not violated the law. According to you who are those undocumented people?
I think we need to wait and see what the proposal looks like, and we should hear that tomorrow or soon. Take care, Jason
You can try the Congress person, but you might also try calling USCIS at 800-375-5283. It is hard to reach a person, but if you can, that might help. You can also try the USCIS Ombudsman – a link is at right and they sometimes help with delayed cases. Take care, Jason
Dear Jason must derivatives asylees introduce their AOS at the same time as their parent . (Principal asylee) I am 22 and my mom introduced papers when I was minor . I am Eligible to apply for aos in two days and have my paperwork ready but my mom is still working on assembling Hers. My concern is can I mail mine first and hers days later or does it have to be together ? Thank you
As long as you are eligible, you can file. She can file later (or not at all – it does not matter). The only issue would be if the principal became a US citizen before the dependent got a green card, but that does not sound like your situation, so I think you are fine to apply now. And she can apply later. Take care, Jason
Dear Jason,
As an experienced lawyer, is it normal that your lawyer staff do not respond to your emails? I have been sending a lot of documentation regarding my AOS with questions and also raising flags about some details to check what would the lawyer best recommend. Always no answer, how do you recommend dealing with this?
Lawyers are required by the Rule of Professional Conduct to communicate with clients. If you are sending many emails to the lawyer, maybe they do not feel the need to respond to them all, but they should respond somehow. Maybe send an email to the lawyer with the subject “Trying to Contact You” and then (politely) indicating that you have been trying to contact the lawyer. Maybe the lawyer has a preferred way of communicating and can inform you about that. Ultimately, if the lawyer still fails to respond, you should inform the lawyer of the duty to respond and – if you want – indicate that you will file a bar complaint against the lawyer. Of course, doing that would likely end your relationship with the lawyer, and so maybe a polite reminder will do the trick. Take care, Jason
Dear Jason do you think Biden immigration rules can apply to pending case in court
What I mean here is that is there a way they can also benefit from the immigration new law
We will have to wait and see, as many of his proposals would need the support of Congress to become law. But since there are about 1.2 million people in Immigration Court, if his proposals do not include members of that group, many people will be left out. Take care, Jason
Hello Jason and Patrons,
I have recently (June 2020) filed for adjustment of status (green card) at Texas Center and received fingerprint appointment from USCIS. The notice was sent to my old address, even though I had updated my address with USCIS right after moving. My friend that still live at the old address was kind enough to let me know that a mail came for me – the fingerprint notice. My friend emailed me a scan copy of the notice. I am wondering if USCIS will accept the scan copy of the notice in lieu of the original one. JASON, do you think I should go with the scan copy or original one (if I find a way to obtain the original notice)?
Also, I want to mention if it helps someone here, I updated my address online with USCIS, but for some reasons, they sent the notice to the old address. I was jus thinking, what if my friend was not living at the old address where the notice was sent, I would have never received the mail and thus faced with some complications. AND, the online status on USCIS has not changed, so there was no way for me to know if USCIS has sent out the fingerprint notice. Please check at your old addresses or find a way to keep track of incoming mails from USCIS, for example Informed Delivery option by USPS. Thank you.
Best,
Asylee
As long as the scan is clear and you have a photo ID, they will probably accept it. You should have him send you the original as well, as it is best to have that, but we have had clients used scanned copies before without any problem. It is very frustrating that they failed to update the address. You may want to submit an AR-11 online again, just to be sure nothing went wrong the first time (though it you got confirmation, that should be enough). You can also call USCIS at 800-375-5283 and try to talk to someone about the problem, though that is not so easy. Take care, Jason
Hello Jason,
Happy new year to you and your family. I just heard that President Elect is planning to grant Amnesty to over 11 million immigrants. This is very exciting. If this is true,do you think Asylum seekers with pending applications could benefit from it?My Asylum application has been pending for 2 years now and I am deeply worried. Thanks again for all you do.
We are waiting to find out the details of the plan. For now, we don’t know, and we don’t know who will be included. Also, to legalize 11 million people will require a new law, passed by Congress, and whether that is possible, we will have to wait and see. Take care, Jason
Hey Jason How are you? I have a question, I applied for Green Card asylum base on May 07 2020. The notice they send me with this message
“ We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case”
But I never received my finger print appointment yet, I called USCIS customer service they have only that information what you see online they don’t know more then that. Do I need to wait or you can suggest any other option to communicate with USCIS? I can wait but I just curies that if their some problem in my case? I didnot submit medical with my case is it ok?
Thank you so much
I have the same message. There is nothing you can really do. Its kind of luck of the draw right now. Hopefully you will get an update soon. But, submitted a few months after you, so, hearing that you have not gotten any progress yet concerns me.
If the case was received and receipted, you should be fine. Everything is very slow, and they also may not even need to re-do fingerprints if you did them before (for an asylum case, for example). In terms of the medical exam, they will notify you when to send it. Take care, Jason
Dear Jason. First, thank you for all your help.
I have a question that is worrying me so much: I am applying for asylum based GC next month. When I was granted asylum, I started directly working on the same day in a close coffee shop, but my employer made a mistake in the W-4 and put the first date of employment 3 or 4 days before my employment started. Will this affect my AOS very badly? the only thing that he was able to do is giving me a signed letter showing that I started working on the right date. How should I approach this? Thank you
I went through a similar concern during my application for GC. Be honest on the application to be safe and say you did work. My lawyer said it doesn’t matter anyway since you have been granted asylum. I personally made it a point of duty to pay all taxes owed during the period I did work along with penalties. I didn’t have a ITIN Or SS. Didn’t even know I could have gotten an ITIN as an alternative to an SS.
It just would be ridiculous though for USCIS to deny someone access to immigration benefit because they worked during a pending asylum case. That rent, food and lawyer fees don’t pay for themselves. I was in a unique, opportunity since the job I had was online based and started in my country of origin, but was freelance based.
But, seriously, you need money to fund a journey like this. I did some experiments too reaching out to non-profits. The real truth, they were next to useless navigating this.
I honestly hope my decisions though are not what’s holding my GC from being processed in a timely manner. It’s been 7 months so far. Would be ridiculous if this actually takes another year.
I think it’s on purpose though since Trumps strategy is to prevent more Green Card holders from becoming citizens before the next election in 2024 as a favor to the GOP.
I doubt unauthorized work would cause a delay in the GC. We have clients who have been waiting much longer than 7 months. I think the problem is that USCIS is a disaster. Hopefully, the new Administration will be able to improve the situation. Take care, Jason
Thank you so much Enronn and Jason for your help
I do not see how this will have an effect. I would put the dates you actually worked, and if USCIS questions this, show them the letter from your employer. I highly doubt they will question you on this point. Do keep in mind that this issue can come up again when you apply for citizenship, so make sure to keep the employer letter if you ever need it in the future. Take care, Jason
Dear Jason. Uscis just announced that they’re gonna stop in person process at all field offices due to Inauguration Day concerns …. I was gonna mail my i485 package tomorrow Tuesday . Can I still do so or will this affect lockboxes. ?? Please advise idk if I should wait
I do not see why that would have any effect. I think you can mail it whenever you are eligible/ready. Take care, Jason
Hi Jason,
Thank you for all you do for us, I have a question please, I was on a pending asylum before I get my green card based on my marriage last year. Since then we have sent several mail to uscis for withdrawing my pending asylum case with no respond. Now I was wondering with this situation can I travel outside us for a couple of weeks or what is the best approach in my case.
Thanks
If you have a valid GC, you should be able to travel and return (assuming your asylum case is at the asylum office and not the immigration court). In terms of withdrawing the asylum case, assuming it is at the asylum office, it is best to email them and ask about withdrawing – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
I wanted to share an update regarding my GC I-485 case with everybody on this platform and ask a few questions if you don’t mind?
Date of USPS case delivery to the USCIS office: Nov.13
Date of USCIS Money withdrawal from my bank: Dec.30
Date of e-Notification (email & text): Jan.17th
I wish all others got their cases accepted and processed ASAP.
My questions:
1- How can I check the expected processing times for the National Service Center? I tried to go to https://egov.uscis.gov/processing-times/ but there was no option to choose “National Service Center”?
2- Is there a reason to route my case to this service center? Are all Asylum based GC applications being sent to this service center? Or it is just a matter of luck and load balancing?
3- Based on your experience with this service center, are they hard, easy, quick, slow. Do you have any recommendations at this stage? Do I have to expect an interview (I have dependants)?
Thank you very much
MEA this is very unusual . Texas and Nebraska are the only one who handle these type of cases . Maybe they are adjudicating faster . What state are you applying from ??
CA
1 – I think the only way to check is to check USCIS processing times for the form you filed at the location that sent you the receipt. These processing times are not all that accurate, and so if you cannot check, you are not really missing any useful information. 2 – USCIS moves cases around depending on work load. It is not something you can control. 3 – They have been slow lately, at least for most people filing an I-485. But processing times have been unpredictable. I think we have had GC cases approved (based on asylum) in 7 or 8 months/ Other cases take 2+ years and counting. Take care, Jason
Jason,
1. My employer has accepted “automatic 180 days extension” letter for my current EAD that is about to expire. If I continue to work for 180 days after the expiration of my current EAD even if I get a letter saying my EAD renewal denied for ‘C08’ category, will the USCIS find out?
2. During my interview for “Green Card” as to why I continued to work even after my EAD for ‘C08’ category expired might come up?
My spouse is a U.S. Citizen.
EAD renewal for ‘C08’ category was applied before I-130 was approved..
I-130 approved.
Asylum case from the court withdrawn. Both judge and USCIS granted the request to move forward
I recently applied for I-485,I-765(C09 category), I-131.
Most likely there will be a gap between my EAD- ‘C08’ expires and when I receive my new EAD- ‘C09’.
Because of financial hardship I would like to continue to work.
I appreciate your advice.
Thank you,
Raul
1) Technically speaking, from short term, no. Because per regulation the employer’s I-9 Section 3 (Re-Verification) does not require eVerify. Unless there is an I9 Audit and the officer dig into each of you USCIS do not know.
2) But, it might come up during for example your Green Card or even Naturalization interview. Some officers would carefully review any and all of your employment to see if you have violated laws. Also in your I-485 there is a question asking you whether you have violated any terms and conditions of your immigration status. If you work after your work authorization expired (i.e. application denied during the 180 extension) and you lied on I-485, it’s very bad.
In your case I would write to the service center and request for expedited processing because of financial hardship. DO NOT LIE.
This is a good point – USCIS could also accuse you of fraud if your I-485 indicates that you never lied to receive a benefit (based on the fact that you worked with an invalid EAD). The situation is very annoying, but the short term benefit of working unlawfully may not be worth the long term risk of being denied a green card. Take care, Jason
1 – I do not know whether they will know, but I would assume that at some point, they could find out. 2 – I doubt that would come up, especially if you applied for the renewal and had the 180-day extension. My concern would be that you would be accused of fraud for relying on an extension when you have withdrawn your asylum case. Once that is withdrawn, you cannot work under the c-8 EAD. Working probably won’t be the problem, but being accused of fraud (for knowingly using an EAD that is in valid) could be a problem and could affect your ability to adjust status based on marriage. I understand the hardship, but the c-8 EAD became invalid at the time your asylum case was closed. Perhaps you could try to expedite the c-9 EAD with USCIS – I wrote about that on January 28, 2020. Take care, Jason
Hi Jason,
Are we pending asylee part of this President elect proposition ?
Biden plans early legislation to offer legal status to 11 million immigrants without documentation.
https://www.latimes.com/california/story/2021-01-15/biden-to-send-congress-bill-to-legalize-11-million-immigrants-who-lack-documentation
This is a good question. I would like to know what are opportunities for those who have been granted asylum? I read that DACA and undocumented would have a 8 year path to citizenship. But I think for asylees, immediate PR and a shorter path to citizenship would be welcome. Three years I say is reasonable inclusive of your one year presence as an Asylee. The arbitrary 5 year rule just does not make sense and the additional unnecessary overhead for PR is wasteful.
We will have to see the specifics of the plan. This has been proposed many times before, but maybe we will see success this time. Hopefully. Take care, Jason
Hi Jason,
I’ve applied for asylum through your firm in March 2015. It has been almost 6 years and the status is still pending and I’m waiting for an interview to be scheduled. Isn’t this abnormal/extended delay to be waiting to interview? How long your other applicants normally waited if they applied in 2015? I’m trying to explore my options – there has to be a logical/legal way to request an interview after an abnormal delay of 5+ years. Also, I’m aware of the expedited process if there is a family emergency which is also not guaranteed. Please advise what could be done. Thank you!
If you applied trough my firm, you can contact me by email. But there are many people who applied in 2015 who have not been interviewed. The only real option is to try to expedite the case – I wrote about that on March 30, 2017. It has never been easy to expedite, and these days is more difficult than normal, since asylum offices are operating at reduced capacity due to the pandemic. Take care, Jason
Hi Jason,
Thank you for all your help and support here.
What’s your idea about Biden plan for 11 million undocumented people to provide a path to the citizenship?
As I researched a little bit, this number of 11 comes from counting people here in the backlog as well.
Not necessarily we would be covered in the final bill or EO, but seems people in the backlog even with the legal presence and EADs are considered as undocumented.
You can see it here :
https://www.migrationpolicy.org/about/mpi-methodology-assigning-legal-status-noncitizens-census-data
But on the other hand, another bill by Chuck Schumer that even has passed senate in 2014 which had such a relief, people with legal presence were not considered to use the relief.
https://www.congress.gov/bill/113th-congress/senate-bill/744
What’s your idea? Do you see any chance if people in the asylum interview backlog or in front of IJ would be included in this 11M relief?
I don’t know, and we’ll have to see what is announced. If there is a bill, I would not be surprised if at least some people in immigration court are covered. It looks like the Biden Administration plans to take quick action on immigration, and so we will see what happens. Take care, Jason
Hello Jason
I requested to expedite i730 for my kids and the request was approved…but only for one kid though I have sent same supporting documents for both of them
They said that both cases were assigned to different officers
What should I expect next?
How long it will take for a expedite case to move forward
Hello TAS. Do you mind sharing your service centre and the time it took for them to respond to your expedite request.
Also did you do it alone or through a lawyer or Congressman. Take Care.
Hello Asylee
My lawyer help me prepared the documents but I was the one who had called and requested
Service centre is texas and they responded within 3 hours ..but request was approved for only one kid and for the other one I am still waiting for a reply
That is strange, but it happens. You might try contacting the other office and inform them about the expedite approval, and see if they can help. Hopefully, the I-730 will be processed quickly and (if your children are overseas) be sent to the US embassy. The link at right called I-730 Family Reunification Manual provides helpful guidance on these points, and it may be worth a look. Take care, Jason
Hello Jason,
I was issued my asylee-based refugee travel document for the first time and on the pages for the visas, it says “The name of the holder of the document must be repeated in each visa.”
Do you know this means? Also, which countries accepts the RTD?
Thank you!
Hello George when you had applied and how long it took to get your rtd
I never looked into that, but it sounds like they want your name listed on any visa that is placed into the RTD. I don’t know what that should matter, and obviously you have no control over the format of other country’s visas. I also do not see how you could have a problem with the US government if a visa to another country does not have your name on it. I guess if this is a concern, you could review the I-131, RTD web page and/or have a lawyer try to look more into it. Take care, Jason
Hello Jason and other friends.
I do support the idea of premium processing and I do believe many asylum seekers would be willing to work extra hours for a few months, save a few thousand dollars and pay for it rather than wait for 4 years like I’ve been waiting for ( NY2016)
Just a note, I applied for EAD renewal on 11/29 and receives my receipt on 12/12, Nebraska Service Center. My EAD expires in March this year, hopefully, I’ll get the new card before mine expires.
Best regards
Hello Asylum Seeker
I applied to renew EAD on 11/25/2020
I received receipt on 12/10/2020,and on
12/28/2020 I received another letter to confirm
The old EAD when exp. march/2021 automatically continue valid for 180 days
Thank you – Nebraska is faster than Texas, as far as I can tell. Take care, Jason
Dear Jason,
Hope everything is fine with you.
My case is pending since 2015 at asylum office.I am planning to apply for expedite the interview on basis of
my health, I am a diabetic patient and high blood pressure.And my father in law and mother in law are
kidneys patients taking dialysis.They are green card holder from my brother in law as he is US citizen.
So are these reasons ok to apply for expedite my interview? Appreciate for your advice .
Best
Resham
I am not sure about your in-laws, but your own health problems can be a reason to expedite. You should get a letter from the doctor explaining why the asylum case is making your health worse (due to stress, anxiety, etc.) and that expediting will help resolve your health issues. I wrote about this issue on March 30, 2017. Take care, Jason
Hi Jason! I have submitted my first EAD application on 6th Jan 2021 but I haven’t get receipt or acceptance by uscis. I’m so depress… may I know what is happening?
Receipts are very slow – in some cases, they are taking over two months. If you sent it and it is received, you should get a receipt eventually. Take care, Jason
You are depressed for not receiving the receipt after 9 days of your submission? Have you read previous entries by any chance momo? My application has arrived on November 1st. I received nothing. It is would be a miracle if you received something in a week. Yet depending on the lockbox you send anything can change.
God bless you all.
Hi Jason and community. Wondering, any news / updates on I-485? Is there any movement? Anything that will give us hope, strength and patience?
I heard the Biden Administration has signaled that they want to move N-400 cases faster, but I have not heard anything about I-485 forms. We shall see. Hopefully, at least most of the kooks and incompetents will leave, and we will get some decent leadership in, and maybe that will help. Take care, Jason
Hi Jason,
Can I renew my EAD online? If yes what will be the link? Do I have to pay for biometric($85) too? What should be name in the check? Is it “U.S Department of Homeland Security”?
Thanks in advance,
Natalie
I think you cannot file the form online – you have to mail it in. Form I-765, available at http://www.uscis.gov. Check the instructions for the fee, but now, most people who renew under category c-8 (asylum pending) must pay the biometric fee, and so the total is $495. Check the instructions to be sure. Take care, Jason
Although most of the asylum applicants with pending cases are privileged for living, studying and working in the US safely, but the extended waiting period (5 and 6 years) has made our life extremely uncertain, restricted, and stressful causing majority of us to develop anxiety and depression. We are desperately waiting to hear about our asylum interviews and decisions to get the liberty for living a normal life like others, though the challenges of life never needs, but at at least our multi-folded challenges compared to those with green cards and US citizenship reduces or equates if our immigration cases are resolved. In the past six years, I am bewildered with the US immigration rules and policies, the system is very unjust toward most of us but primarily to individuals/families waiting for years without any certainty. The creation of priorities, switching of FIFO to LIFO, and removal of asylum scheduling bulletin were extremely unfair to individuals, like me. USCIS should have adopted a different approach or mechanism to deter those attempting to file fraudulent cases, this unfair changes cost us years of uncertainty and waiting.
I feel sad to see my children that they say the pledge of allegiance on a daily basis but they are still aliens. At least the USCIS should have considered granting these innocent souls the privilege of becoming US citizenships as they feel inferior among their peers while they equally raised in the same community, and they will ultimately become the future generation of this country. My elder daughter who is started his first grade in the US, is now in 6th grade, she always asks me, daddy, why we are not having green cards or US citizenship. She constantly prays and asks me when we are having our asylum interview. It is very difficult to answer her as I can’t beat her curiosity. There should be an end to this indefinite waiting and injustice, we are human and we need fair treatment.
Jason, is there any hope that Biden administration comes up with a resolution for individuals and families like us that have been waiting for 6 years with backlog cases? Can’t the USCIS waive our asylum interview and directly grant us green cards by reviewing our asylum case and security situation of our countries of origin? We are desperately waiting for a positive change and good news!
I think the Biden Administration will make positive changes to the asylum rules and will probably run a more competent operation, but I do not know whether they have a plan to deal with backlogged asylum cases. This is obviously a big issue, and between the asylum office and court, there are almost 2 million people in the system. We will have to see what they do, but at least we can feel some hope since they generally seem to be picking people with a humanitarian leaning and who are competent. Take care, Jason
Jason,
Can we submit a petition/request through online to get a interview call for our pending asylum case. Can you help us in this regards? Or can we sit infront of USCIS Interview Office of each State on a particular day with a placard that say help us or kill us. It’s really so frustrating to wait for year after years. This frustrations killing us everyday. I know some people who are 65+ and waiting for 6 years. How much time they have in their life. Jason please do something for us.
Alien
You can email the asylum office – you can find their email if you follow the link at right called Asylum Office Locator. I also wrote about expediting on March 30, 2017. Hopefully, the Biden Administration will run things in a more competent way and that will help. Hopefully, we shall find out soon. Take care, Jason
I can feel it. I filed my case in 2014, interviewed in 2018, and now waiting for the results. My elder kid was 6 years old, now he is in middle school. His school and about all of his friends are planning a field trip to Japan next year He was very excited, but he could not go with them.
We prayed, really prayed, no matter if we are Muslims, Christians, Hindus, Buddhists, Jews even atheists that Biden should be elected with the hope that we get some relief. When I see my pictures from 2013 it seems I aged about 20 years more after that because of anxiety and uncertainty.
This forum connected us together, thanks to Jason. I hope we get some good news soon in the future.
Let’s hope so. I am sorry your son will miss that opportunity – it is very sad. You might try to use that as a basis to expedite – I wrote about expediting on March 30, 2017. Take care, Jason
Although most of asylum applicants with pending cases are privileged for living, studying and working in safely the US, but the extended waiting period (5 and 6 years) has made our life extremely uncertain, restricted, and stressful causing majority of us developing anxiety and depression. We are desperately waiting to hear about our interviews and decisions to get the liberty of living a normal life like others, though the challenges of life never needs, but at at least our multi-folded challenges compared those with green cards and US citizenship reduces if our immigration cases are resolved. In the past six years, I have been bewildered with the US immigration rules and policies, the system is very unjust toward all of us but mainly those waiting for years without any certainty. The creation of priorities, switching of FIFO to LIFO, and removal of asylum scheduling bulletin were extremely unfair for those of us. USCIS should have adopted a different approach to deter those filing fraudulent cases, this unfair changes cost yeas of uncertainty and waiting for individuals like me. Above all, I feel sad to see my children that they say the pledge of allegiance on a daily basis but still they are aliens. At least the USCIS should have considered granting these innocent souls the US citizenships as they feel inferior among their peers while they equally raised in same community. My elder daughter who is now a 6th grader, always asks me, daddy, why we are not having green card or US citizenship. She constantly prays and ask me when we are having our asylum interview. There should be an end to this indefinite waiting, we are human and we need fair treatment. Jason, is there any hope that Biden administration come up with a resolution for individual and families like us waiting for 6 years for our asylum interview? Can’t USCIS waive our asylum interview by only reviewing our files and security situation in our countries of origin? We are desperately waiting for a positive change and good news!
Hi, Jason,
Thank you for the amazing work you’re doing by providing us recent updates.
I have a question about EAD based on pending asylum, can I do unpaid internships? I have a valid EAD, but some websites say that in order for me to be an intern I need F1 or resident/ citizen status. Are there any restrictions based on ead?
Thank you.
If you have valid EAD, no prob at all.
Even without an EAD, you can do an unpaid internship. There is no restriction on that in terms of immigration status. With the EAD, you can work for money and attend most schools, and so I see no reason why you cannot do an internship (some states may require employers to pay interns, but that would apply to everyone and has nothing to do with immigration status). Take care, Jason
Hi Jason, Thanks for all your support.
Questions:
What are the reasons of such absurd discrepancies in asylum grant rate per IJ? What can justifies that an Immigration Judge’s grant rate is 5% while it is 65% for another IJ? Definitely winning asylum looks like winning a lottery, and depend on IJ’s feelings or attitude towards immigrants? Hopefully Biden’s Administration addresses this issue.
There have been books written about this topic, but if you Google “Refugee Roulette”, I think you can find a good article. I will say that in my experience, strong cases tend to win and weak cases tend to lose. Not always, and I’ve had the benefit of mostly working in courts where the judges are reasonable. In the end, you can only control so much of the case, and I think it is best to focus on gathering evidence and presenting the strongest case you can. But I do agree that at the systematic level, reforms need to be made, including better training for judges and more guidance from the BIA. Take care, Jason
Hi everyone
Just wanted to share my EAD renewal timeline(2nd time renewal) under C08 category. I have applied On December 8th, application delivered December 10th 2020, got my receipt on December 17th and received my EAD on January 12th 2021. Honestly, I wasn’t expecting it that fast but luckily me and my wife we both got it. I think things are still working. I work in a regulated profession with county job I don’t know if that matters in the processing.
Anyway thanks everyone and hope for the best with new administration.
Thanks for sharing. That is lightning speed for an EAD, especially these days (and over the holidays no less). Take care, Jason
I suppose asylees/asylum applicants who don’t have regulated jobs don’t need EADs.
Hi Jason,
I was wondering if your firm does H1B case? or do you recommand any ?
Thanks
We don’t and I don’t really have anyone to recommend for those. A place to start looking is at http://www.aila.org. Take care, Jason
Hey, I applied for asylum in august, received a-number, but never got invitation for finger prints. I wonder where I should inquire about it?
You will get it eventually. Those were very delayed, and we are still receiving appointments for people who filed months ago. So I think you do not need to worry about it, as long as you have the receipt, you should be fine. Take care, Jason
Hi Jason!
Do you think or do you know if the new administration will waive the 365 days wait on EADs and change the wait back to 150 days? Do you also believe that the asylum cases submitted recently will be prioritized for the USCIS to interview?
Thanks!
I expect that they will return to the 150 day wait, but I have not heard any announcement on that point. Whether they will stick with LIFO, I do not know, as there was no announcement there either. While I do expect substantive improvements, I am not expecting that the backlog will be cleared up any time soon. As we learn more, I will try to write about it here. Take care, Jason
I am about to send my EAD renewal application ,my case was with Arlington asylum office and referred to the Court ,could you please tell me which address should I send it to?
If it is asylum pending, it is category c-8, and you can visit the I-765 web page at http://www.uscis.gov and see the direct filing address for your category. Take care, Jason
Hello Jason and asylum community,
Thank you for all you do,
How long does it take for someone’s info to be in the EOIR system after referral in Texas
It is not predictable – some people seem to wait many months, while others are entered into the system in a matter of days. If you are not in the system, you can try calling the DHS Office of the Chief Counsel or if that does not work, the Immigration Court. Contact info for both can be found if you follow the links at right. Take care, Jason
Does anyone know how long aproximetly you need to wait for decision after interview in Chicago office?
We haven’t had a case there recently, but as I remember, most cases we had there got decisions relatively quickly – I would say less than 6 months for most of our cases. Take care, Jason
Hi Jason,
Is it really required to fill out the father’s birth name, and mother’s name for EAD renewal ? Or we don’t have to fill them out at all.
I believe if you want a Social Security card, you need to complete the parents’ info. If you do not need the SS card, then I think you can skip it, but check the form I-765 to be sure. Take care, Jason
Dear Jason. I have a very important question:
I was granted asylum in 2020. When I filed my taxes for 2019, the tax agency used a ‘nonresident’ filing form since I was an international student during that year (2019) and not an asylee yet. Do you think this would jeopardize my status now? thank you so much.
Best
I do not think so, but you might get an explanation from them in writing stating why you filed as an non-resident. I know nothing about tax law, but it seems to me, if you have an explanation, and if anyone every questions you, it will be easy to explain yourself. Take care, Jason
This would affect you if you’d adjusted status. The law requires that all GC holders file as resident and not non-resident.
Let’s hope this new administration will alleviate this asylum process. One thing they can do to alleviate it facilitates people who are in the backlog by providing a premium rapid interview or just grant them asylum, especially those who I have no criminal record.
I think they could make the standard much easier for anyone who passes a background check, and move through the cases more quickly. I am not sure that this will happen, but it could probably be done without any need to change the substantive laws. Take care, Jason
Thank you Jason for this helpful article.
Do you think the USCIS can adopt some of Canada asylum policies to be implemented here in the USA?
My sister applied for asylum in Canada in 2017, got her interview in September 2020, and on the same day of the interview got the approval. I’ve been in a pending asylum case here in the USA since Feb 2015 not even got interviewed once!
True my cousin went to Canada on 5th November 2019
Got interviewed on 9th Nov 2020 and within a month he got letter to apply for his PR.
I don’t know much about the Canadian system, though I imagine it is much smaller than our system. We’ll see what changes we get from Biden, assuming the coup fails. Take care, Jason
Assuming? ???
Do you think this whole situation may result in a coup?
I am in DC and saw the closure of roads last night. I hope everything comes back to normal.
Thanks
I have been downtown most days, but have not gotten to the Mall (which is blocked off). I doubt there will be a coup, and I am not sure that was ever the intention, but there is a risk of violence. Security is pretty tight, so hopefully that will deter any bad actors. It is a very sad time for our country. Hopefully, things will start to improve soon. Take care, Jason
Hello Hello! We’re on the same boat. Since Feb 2015 I haven’t heard a word from USCIS. Nonetheless, the current situation hasn’t helped.
I’ve already built a life here, I cannot imagine myself somewhere else. Hope everything will be solved soon.
Best regards.