There’s a concept in Judaism known as “teshuvah,” which means “returning.” The term implies a return to righteousness, and repenting for past sins. In Judaism, when we think of teshuvah during Rosh HaShana (the New Year) and Yom Kippur (the Day of Atonement), we think in terms of collective sin: We ask G-d to forgive us for the sins “we” committed, even if we did not personally commit those sins. We also pledge to right wrongs, even where we did not personally engage in wrongdoing. This is what I am thinking about as we inaugurate the Biden-Harris Administration after four years of President Trump.
There’s a story I remember from my Hebrew school days that I think is apropos of the occasion–
G-d is in heaven with the angels, and G-d asks an angel to go to Earth and bring back the most precious thing he can find. The angel goes to Earth and finds the largest diamond in the world. He brings it back to heaven and shows it to G-d. But G-d says that the diamond is not the most precious thing on Earth. So the angel returns and finds the most beautiful painting in the world. He brings it back to G-d, who again says no, that is not it. The angel returns to Earth a third time. He spots a man with a knife. The man is outside the home of his enemy, planning to kill him. As the angel watches, the man peers into the window. He sees his enemy putting his child to bed and kissing her goodnight. When he looks on this scene, the man realizes the horror of what he was about to do and begins to cry. The angel swoops in and grabs the man’s tears. The angel brings the tears to G-d, who tells him, yes, this is the most precious thing in the world–the tears of the repentant sinner.
This story illustrates the importance of teshuvah. But where I think it is really applicable to our current situation is when considered in the context of collective sin and collective repentance: I didn’t storm the Capitol and kill a police officer. I didn’t lie about an election and encourage violence. I didn’t attack and demonize non-citizens. Be “we” did, and I am part of that “we.” I bear some responsibility for the actions of my fellow humans and my fellow Americans; even those who I actively oppose.
And so the question I am thinking about is, What is my role in helping our country turn toward righteousness? What responsibility do I have–does each of us have–to help heal our nation and bend the arc of history towards justice?
I think every one of us has a role to play in our national teshuvah. We should work towards reconciliation with those who disagree with us, even as we work towards justice for those in need. As an asylum lawyer, my job is to advocate for my clients and for others seeking refuge. It is also to listen and talk respectfully with those who disagree, and to try to understand their viewpoints. For those who have harmed asylum seekers (by persecuting them or lying about them, for example), it is my responsibility to help them recognize the humanity of those seeking protection in our country. Also, it is my responsibility to give them space to repair the harm and seek forgiveness.
In the Jewish tradition, sins against G-d can be atoned through prayer and repentance, but sins against other people can only be atoned once the wrong has been made right (to the extent that this is possible). Even if it is late, and even if the harm is severe, we should always welcome repentance and teshuvah. This is not to say that those who have done wrong should be let off the hook–taking responsibility and accepting a just punishment are part of seeking forgiveness. But the flip side of that coin is that victims of harm and the general community have a responsibility to try to forgive the repentant sinner. In the immigration context, we also have a responsibility to try to understand the concerns that motivated the harm and which underlie opposition to asylum seekers. While lying about people and hurting them is unacceptable, there are legitimate reasons to restrict immigration and limit asylum, and we advocates need to consider those concerns as we work to heal our country and move forward.
There’s one last story I would like to share on this occasion. It’s from the founding of our republic. During the Constitutional Convention in Philadelphia, George Washington’s chair had a carving of a sun on it. The carving depicted the top half of the sun peering over the horizon. At the end of the convention, Ben Franklin remarked, “I have often… looked at the sun behind the President without being able to tell whether it was rising or setting, but now at length, I have the happiness to know that it is rising.” Ben Franklin is my favorite Founding Father, and unlike me, he was an optimist. For my part, I still wonder whether the sun is rising or setting on our great nation. The answer to that question–to paraphrase William Shakespeare–lies not in the sun, but in ourselves.
My EAD card (pending asylum) is expiring on September 20, 2021. Can I mail my renewal application by April 20, 2021, or it’s too early?
The soonest you can send the renewal is 180 days before the old card expires, so I think April 20 is fine. Take care, Jason
Hi Jason and seekers,
How much do we pay for EAD renewal? We are c(8) category non-DACA. The last time we renewed we paid $410 each but we are reading that biometrics payment is required once again? Do we have to be scheduled for biometrics appointment again as well?
We currently have the money order for $410 each, do we make another one for $85 biometrics?
Thank you in advance and hope to hear back soonest.
Most people have to pay the fee, so the total would be $495. I think if you are a member of ASAP or Casa de Maryland, you do not need the fee. I did a post on September 23, 2020 with links to those organizations, and maybe you can find out more info there. Also, check the I-765 page at http://www.uscis.gov. Take care, Jason
sharing my 4th EAD renewal timeline C8
mailed the file to nebraska center on
November 30th 2020 my current EAD expires on April 2021
the file was delivered on DEC 2nd got the reciept Notice on DEC 7th
hope this will help
Hi Jason just want to give u heads up that I applied for EAD renewal in September received the new card last week ,while my old card won’t expire until End of March.2021.
I work in a district hospital considered as essential worker ,dunno if this is the reason why my new card was issued to me early .
I did not think USCIS was prioritizing health workers for EAD renewals, but maybe they are. Or maybe this was just good luck. Hopefully, it is a sign that things are improving at USCIS. Take care, Jason
Congratulations my friend can i ask you the new card validation is starting after the old card or not?
Jason,
How long will it take to get an interview for green card once you submitted a biometric?
It’s not predictable and not everyone gets an interview (most principal asylees do not receive GC interviews). We have seen cases take 6 or 7 months, and other cases have take over 2 years. Take care, Jason
Prepare for a long wait, I’ve been going nearly 8 months now. If I don’t get an update by the end of next month, I will be reaching out to a lawyer to file a lawsuit. It’s just ridiculous to take my money and keep me waiting. Yes, I respect the process but waiting a year knowing the backdate won’t even go more than one year is ridiculous on top of another 5+ years for citizenship.
ENRONN SIERRA, I can almost guarantee you that you’d be wasting your time and resources to file a lawsuit so quickly. I know there is always an exception to the rule, and you may very well get USCIS to make a decision on your I-485 in 9 months, perhaps because they don’t want to waste time and resources responding to a lawsuit, but you have to take into consideration that we are still in the middle of a pandemic and USCIS is crippled financially. Obviously, I don’t agree with the latter reason for the delay (using financial constraints as a justification for backlogs and delays); however, USCIS can reasonably argue that being financially constrained and hamstrung by the pandemic are preventing them from processing I-485 applications in less than 1 year. Moreover, their website clearly explains the processing times for immigration benefits, which are well outside of the time you have been waiting for a decision. Certainly, you don’t have anything to lose, unless. of course, you don’t consider time, effort and money as precious things, and so it’s up to you to move forward with this lawsuit.
Please let us know how it goes.
Dear jason, God bless you for all your help and support you are offering to the asylees. I need your help. I have filed my I 485 after one year of the asylum approval to texas service center and it has been 10 weeks and i have not received any receipt till now nothing!!!!! What shall i do ???? And is that normal ??????!!!!
Hi Asylee,
We are in the same boat here. Same timeframe, same lockbox and same type of application. I have been waiting for my receipt just like you. It’s frustrating.
my package for i-485 is delivered on Dec 29 at Texas lockbox , no receipt yet, even if I sent them along with I-g1145 and check!
Receipts are currently delayed, and so 10 weeks is not so unusual, unfortunately. If you follow the link under Resources called USCIS Ombudsman, you can see more about this problem. In terms of what to do, you might just wait a few more weeks to see what happens, but if you paid by check, you can check with your bank. If the check was cashed, you can get a copy from the bank and that will be stamped with the USCIS receipt number, which you can check online. I guess you can also call USCIS at 800-375-5283, but it is a big pain to reach a person. You can also double check to make sure you mailed the form to the correct address. My guess is the combo of slow mail + USCIS delays is the issue, and you will get the receipt soon. Take care, Jason
Good news!
The fastest receipt since i applied for Asylum (6 years now)
After reading comments of Asylum seekers who have been waiting months to get EAD receipts, i was desperate but i had to do something because my card is expiring on April.So, I mailed my I-765(renewal ) along with I-G1145 for notification to Dallas lockbox on Monday Jan 18th,2021 from Midwest ,mail delivered on January 20th and received on January 23rd . Yesterday morning(Jan 25th) i got a text message and email with a receipt number and the official receipt(I-797) is on the way.I checked the case status and i got the same message”Receipt Emailed”. This maybe a good sign of things getting better and i’m praying for all those women and men who applied for EAD during nightmare time( september,october, november and december 2020) to get answers soon. Thanks for all you are doing Jason!
Which career did you use? which address did you send to? I did not receive anything for the EAD renewal since Nov 1 2020
USPS first class mail sent to Dallas lockbox :
USCIS
Attn: I-765
P.O .Box 650888
Dallas, TX 75265-0888
I think most people who applied between october and december 2020 are experiencing receipt problems due to USCIS delays and i hope you will get yours soon. If you sent to the correct address according to your location with correct fees 495.00$( 410 +85 biometric fees) hopefully you will get a receipt.Thanks
I filed for EAD renewal 10/28/20 and my EAD was to expire 01/21/21. On 01/26/20, I received a mail that my EAD is approved and will be sent soon. I hope this encourages someone out there. Good luck to everyone.
La Belle Fille
Where did you file at?
I filed in September, mine expires next month, and I have not heard anything.
I got my receipt in less than 3 weeks, but no EAD, yet.
I filed from Virginia. I sent my renewal to Texas address. This is my third renewal. I just got my physical card 01/28/21. Here is my timeline:
I filed 10/28/21. Old EAD expired 01/21/21. New card received 01/28/21. Hope this encourages someone.
Thank you for sharing. Let’s hope it is a sign of improvement and not just a unique event. Take care, Jason
There seems to be a serious problem here Jason. A high volume of applications end of the year, covid-19 and holidays… I understand mails started to pile up. But most of the applications are time-sensitive. A day of delay is ending up months or years of delay… How it is acceptable to process later applications while hundreds of them were waiting there for months. It’s been three months already they did not withdraw the fee yet. Address, amount of fee everything is right.. but the system is not.. I start losing hope that it will be better soon…
By the last months of the Trump Administration, USCIS was a complete disaster. Hopefully, the new Administration can improve things, but that will take time. I do not know how long. Three months is a very long time, though. Maybe you want to cancel the check with your bank and send a new application to USCIS with an explanation that you filed previously, but had not heard back. Or maybe do that but don’t cancel the check with the old application and see which application is processed faster (and then hopefully cancel the check of the case that is not processed, so you don’t pay twice). I am not sure that is the best approach, but it might be worth thinking about. You can also try contacting the USCIS Ombudsman (a link is at left under Resources), but that is not a fast process. Finally, you can call USCIS (800-375-5283), but it is very difficult to reach a person. In short, this is a real mess. Take care, Jason
Hi Jason,
I hope you are well and safe.
I am an avid reader of this blog and have received enormous help from it over the years in navigating my asylum case. I am an asylee now and applied for adjustment of status last year as well as enroll in college as a full-time student – pursuing my passion and goals. I am a rising senior at Swarthmore College and looking for an internship that would enrich my professional experience and in reciprocity, employ my skills. I am interested in interning at your law firm for Summer 2021 as a gesture of giving back to the community. Please let me know if you are your firm is in need of interns for this summer and I would email you my cover letter and resume. Thank you.
Take care
@Asylum Khan,
Grateful hearts are definitely needed in this broken world.
We do take interns (we just resumed the practice this semester after a coronavirus hiatus). Feel free to email me at jdzubow@dzubowlaw.com. Thank you, Jason
Dear Jason,
Am on immigration court for removal proceedings, after I did not succeed in immigration office with my asylum case.
But I also got married to a US citizen and last year we were blessed with a son. My wife filed for me I-130 last year and I have been waiting for it to be approved. I checked online, I realized that on Jan 20 There was a cancellation for request of evidence and on Jan 21 there was a request for initial evidence. I have not received any letter for request of evidence but am confused to why the cancellation was on 20th and the request was on 21st.
My questions are
1. Will the request for evidence delay the case?
2. Could they have cancelled the 21st request as I had not received any other request for evidence before 20th?
3. What would cause the cancellation to be on 20th and the request to be on 21st?
4. As am on removal proceedings, can my I-130 be approved without an interview?
Thank you so much for your help. Am sorry for too many questions.
I do not know what that message means – you will have to wait for a paper letter from them with the details. 1 – Maybe a little, but the sooner you respond, the shorter the delay should be. 2 & 3 – I do not know. 4 – That sometimes happens, but usually, you have to attend the interview. If you have not already done so, you can inform the court about the pending I-130 and if necessary, ask to delay your court case while USCIS processes the I-130. I wrote about this process on August 6, 2018 – maybe that would help. Take care, Jason
Hi Dear Jason,
I’ve been waiting for my decision for almost 3 years in chicago office!
In my last inquiry through congressman, last week, I got the response that “My case is pending background check”, today, my inqury through ombudsman office got back with “ your case is awaiting biometrics submittal and is currently in suspense until this process is completed. Biometrics appointments are scheduled as slots become available at the Application Support Center (ASC)”.
What does it even mean? I did my biometric 3 yrs ago and I haven’t submitted any application for AED recently.
I am not sure that this response is meaningful or just BS. Certainly, you have laid the foundation to file a mandamus lawsuit if you want to try that – we wrote about that on October 2, 2018. Take care, Jason
Hi,
Would you share your timeline, please? You said you had a congressman help for follow up. You had ombudsman support too. When did you fill the form for the ombudsman and when they replied you?
Any change recently? I am in the same office and I am waiting for the decision since March 19.
Jason I know you said 4-6 months (on the next page) for the process, but I wanted to hear his/her experience. Just a little hope.. maybe 2-3 weeks
Hay Jason and my fellows. From the things that are taking place recently, I was wondering, if Democrats were actually serious with their promises or it was just a practice to get votes. Trump issued plenty of executive orders to fulfill the promises he did with his voters, some of those were blocked by the courts, most of them were blocked because of humanitarian grounds. I was wondering, why the new administration is wasting time in processing the long-awaited problems, why the president is not passing the executive orders to pass the bills like Trump.
This long-awaited immigration bill may not be able to become a law because of other priorities and we will be waiting for some relief as we are sitting for too many years.
I think they are serious. Some rules can be changed by executive order, and I expect we will see that, though it will take some time to get it done. Other rules can only be changed through a new law, and they will try to do that. Whether it works, and who it benefits, remain to be seen. Take care, Jason
SEEKER, what do you mean? Biden’s administration is only 6 days old and Biden has issued a number of executive orders already. In fact, on day one, he issued executive orders. No disrespect, but are you sleeping or just very impatient?
Hello Jason, may I ask you to advocate something in the bill please? Since we asylum seekers have been waiting for interview for many years, it is not fair for us to wait another five years to apply citizenship. Our wait time for the asylum interview should be included, so just another two years of waiting time for applying citizenship is fair enough. Can you do your efforts please?
I have been talking to someone who works with a coalition of torture survivor groups, and they plan to lobby for affirmative asylum seekers. We’ll see where things go, but the hope is that asylum seekers will be included with others who benefit from this bill. Take care, Jason
Hi Jason, and seekers,
Happy new year and hope you are well. We are about to renew our EAD. There is an additional question in the latest form under “Information about your last arrival in the United States” number 30 now has 30.a. 30.b. and 30.c.
For 30.b lawful entry question it says “if your answer is “YES” you MUST provide evidence of your lawful entry.” It does not state what is needed. Would be grateful if Jason could advice what exact evidence do we need to correctly submit together with the form?
Thank you very kindly in advance and hope to hear from you soon.
second to this
Not Jason,
I have applied on December 30/2020 and got the receipt last week. I wrote down my passport number and my I94 number (http://i94.cbp.dhs.gov) and the port of entry including the date. I think that will be fine and enough. This is just my experience not legal advice!
Thank you for your response and it is much appreciated. Did you type and print it out the details in point form on a blank piece of paper with all the information, without photos of the port of entry stamp on passport?
Thank you very kindly in advance and hope to hear from you soon.
It varies by cases, so I cannot give that specific advice, but if you need evidence of a lawful entry, normally you would submit a copy of your passport biography page, US visa, and I-94 (which you can find online if you follow the link under Resources called I-94 locator). Take care, Jason
Thank you for your response and it is much appreciated. We do have all the information you mentioned. Though hopefully the I-94, port of entry location and date would suffice?
Thank you very kindly in advance.
I think it normally is sufficient. There is really nothing much else to give them. Take care, Jason
Hi Jason!
I would like to send my inquiry to my congressman and senator to help me expedite my immigration case. Should I email them or send them a letter? How to find his/her contact info? Thanks
If you look under Resources on the side of this blog, you will see links to the House and Senate, where you can find contact info for your Congress people. I think email is probably the bets way. Take care, Jason
Sharing some good news,
I read some people worried about not receiving their Work permit renewal receipt on time
In my cas I sent my application with 495$ on January 1, 2021 and got my receipt three weeks later.
Let’s pray/make dua for more good news in 2021! Inshallah
congrats
Good Morning/Afternoon,
Good news
I read some people worried about not receiving their Work permit renewal receipt on time
In my cas I sent my application with 495$ on January 1, 2021 and got my receipt three weeks later.
Let’s play/make dua for more good news in 2021! Inshallah
That’s great – hopefully, this will become the norm for most people. Take care, Jason
Hi Zilo2021,
Thank you for sharing the good news. Would you mind sharing the USCIS lockbox where your application was sent?
Thank you
Dear Jason,
Is it better to submit the medical exam with the I-485 or when the USCIS asks for it? what is the better option in terms of delays? thank you!
I do not think it makes much difference, but I guess if you submit the medical with the I-485, there will be no need for USCIS to contact you, and maybe this will make the process slightly faster. Take care, Jason
Hi everyone,
I have started a petition on change.org to include asylum seekers in the immigration reform bill 2021. Please sign this petition so that our voice could be heard and we should be treated fairly.
Thanks
http://chng.it/hvjvV4cm
Thank you – I will also post here once I know more about what lobbying efforts are taking place. Take care, Jason
Hello Jason,
I have approved asylum with pending GC application. I am planning to apply for a RTD hoping to travel abroad in the summer and also next year. Any general tips regarding form 131? Also is it always guranteed that they will give you RTD for 1 year or could they give it for 2 months if say the day of approval is just like 1 month before the travel date you mention in the form? Can you explain in the form that you wish to travel more than once in 12 months? Finally, they ask about reasons for travel. Are there any reasons that would allow to rejection of the form. If someone wants to visit Europe for tourism would that be ok?
The RTD is always valid for one year, and so you don’t need to worry too much about dates of travel or countries of travel, as those have no effect. Since the RTD application (the I-131, available at http://www.uscis.gov) is slow, you might want to indicate that you will travel in 6 months – I doubt there would an issue if you say you want to travel soon, but I suppose if the date of proposed travel passes before they issue the RTD, they could send a request for evidence asking whether you still want to travel. Take care, Jason
MENENDEZ HOLDS VIRTUAL BRIEFING ON U.S. CITIZENSHIP ACT OF 2021 AND HIS ROLE AS THE LEAD SPONSOR IN THE SENATE
https://www.menendez.senate.gov/newsroom/press/menendez-holds-virtual-briefing-on-us-citizenship-act-of-2021-and-his-role-as-the-lead-sponsor-in-the-senate
They will need 9 Rep votes to pass the legislation. It won’t happen.
No details on asylum processing: FIFO v LIFO; eligibility for immediate permanent residency/asylum status
The only issue he touches is the Immigration courts backlog.
https://www.change.org/p/the-congress-help-people-who-stuck-in-backlog?utm_content=cl_sharecopy_26975622_en-US%3A4&recruiter=63763502&recruited_by_id=e4c6dd2d-69e0-422b-b652-eb189690e322&utm_source=share_petition&utm_medium=copylink&utm_campaign=psf_combo_share_initial&utm_term=share_petition
It says that the petition will be permenently deleted.
https://twitter.com/SecondGentleman
Read many articles, still confused. If an LPR takes 1-2 months of vacation outside the US every year, does that impact when he might be eligible for naturalization? Because after asylum, you’re supposed to count 1 year of physical presence before applying for green card, not sure if you have to count 5 years of physical presence for naturlaization after green card? Any pointers are appreciated. Thank you.
That would not make a different (unless the absence from the US was 6 months or more). When you apply for naturalization, you just have to show that you spent more than 50% of your time in the US. So if you leave for a one or two months each year, it should have no effect. Take care, Jason
Dear Jason,
My attorney charged me $2500 for asylum based AOS. Do you think this fee is reasonable? I know this question is a bit ridiculous but I trust your opinions. Thank you!
It depends on number of things- like the location of the office (lawyers in major cities tend to be pricier), the reputation of the lawyer, whether your case is straightforward or not (criminal or possible inadmissibility issues, for example), etc. If you have a straight forward case, then $2500 is on the pricier end of the spectrum. It’s not an outrageous charge, but $2500 to fill out a form, which you could have done by yourself, is quite expensive. A reasonable lawyer fee for an I-485 application- assuming that there is no extra work or thorny issues in the case- is somewhere between $1500-$2000.
It depends on the case. For an asylee-based AOS, where there are no major issues, we normally charge $1500, and if we attend the interview, that is normally another $700. Take care, Jason
Hi Jason,
I applied for the renewal of an EAD a month and still did not received the receipt of it , It never happened before as I used to get the receipt after two weeks.
Is it something normal now a days.
Thanks
Sam
Unfortunately, it is normal these days. If you follow the link at right called USCIS Ombudsman, you will see a message about these delays. As long as you sent the form to the correct address, I expect you will get the receipt within a few more weeks. Take care, Jason
Thanks Jason,
I mailed the application on the below location as per my location and tracked the usps which says received.
For U.S. Postal Service (USPS):
USCIS
P.O. Box 660867
Dallas, TX 75266
If that is the address from the http://www.uscis.gov website, you should be fine. Receipts are slow (especially from TX) and people are sometimes waiting 7 or 8 weeks or even longer. Take care, Jason
Hello Jason,
I have approved asylum in may 2019 and applied for GC in June 2020 and obviously it is still pending. I know the bill is still in its preliminary stages but you mentioned you think asylum seekers might be included.Do you think approved asylum cases are also included? Also I should be getting my GC in the next 12 months (hopefully),if i am included,could this delay my GC ? By forcing me to wait for 5 years for GC or wait a total of 8 years for citizenship when it is 5 years now ?
We will have to wait and see whether/how asylum seekers are included in the bill. In terms of your case, while I do not know for sure (since we don’t yet have the text of the bill and it still needs to get through Congress), I highly doubt any new rules would make your wait longer. Take care, Jason
So if the bill includes asylees does that mean we can apply for citizenship after 3 years instead of 4 (you know the asylee GC is backdated one year from issuance).
And if the asylees are not included in the bill, is there a way that you bring that up to the attention of the new administration and the new Secretary of Homeland Security? After all, the previous administration purposely doubled and tripled the time for processing GC in order to harm legal immigrants, specifically asylees.
Thanks Jason!
We will have to see exactly what the proposal is. I talked to a friend who is advocating for affirmative asylum seekers and she seems to think asylum seekers are not included with “undocumented” immigrants who would benefit from the bill (assuming it ever becomes law. Once we see the actual proposal, and understand who is included in the term “undocumented,” we will know more. For now, we only have a summary of the bill and so we are all waiting to see what the actual bill looks like. Take care, Jason
Jason, I know we have to wait for what is in the proposal; it would be an huge injustice to asylum applicants who have been waiting for years for an interview or decision to not be included. The only way they can rectify this injustice is if they get rid of the backlog (immediately) and interview all asylum applicants who have been waiting for a year or more. How are you going to give permanent status to undocumented immigrants who literally arrived in the U.S. a few days before January 1, 2021, or permanent status to TPS holders, when there are asylum applicants waiting for an interview since 2014?
We will have to see. We still don’t know what is the definition of “undocumented” and so we don’t know who is included in the proposal (let alone the final bill). I do agree with you, though, that if recent arrivals qualify for status and asylum applicants from 5 years ago do not, that is incredibly unfair. Of course, putting the words “fair” and “immigration” in the same sentence is usually only possible if you also include the word “not”. Take care, Jason
Hello Jason,
I am renewing my EAD for category C08 for the 4th time but looks like a new question which says were you arrested in any country, so I was arrested for a domestic case which was dismissed by the court and I have the copies of the documents. As this was not a criminal case what documents should I attach with my?Have you seen any such cases in the past? Will this delay my EAD renewal?
Thank you for your help.
God bless
I wrote about this issue on September 23, 2020 – maybe that would help. You need to submit evidence about the arrest and criminal case, and most importantly, the disposition (how the case ended). Check the I-765 instructions (www.uscis.gov) to see everything that is needed. I think it may cause a delay, but since everything is delayed, it is difficult to know how (if at all) an issue like this affects the wait time. Take care, Jason
Jason,
Great article. So inspired by the inauguration but I know we have long road. Can you tell us what is happening with the asylum rules that Judge Donato blocked on January 8? Did the Justice Dept. appeal this ruling? Did the rules take effect before Jan. 20? I’ve read several articles about how they may handle rules they want to scrap, such as reopening comment periods or using the Congressional Review Act, rarely used. Can you shed any light on this?
I don’t have any specific info about that, and as far as I know, there has been no announcement. I do expect that once they get their people in place, they will be rolling back a number of the Trump Administration regulations. My understanding is that new regs will need to go through a comment period before they can be implemented, so that will take a few months. Rules that were issued in memos or BIA/AG decisions could probably be reversed more quickly, but it is going to take time to review everything and write new policies. Take care, Jason
Anyone recently applied for the RTD? Can they share their experience? What is the time-line? Is there a way to expedite? Thank you.
They are generally going slowly, at least in my experience – maybe 5 to 7 months. I wrote about expediting with USCIS on January 28, 2020 – maybe that would be of interest. Take care, Jason
Thanks everyone. Appreciate your responses.
I applied August 2020 & still waiting, 5+ months now.
Same as me too
God bless America.
I have a feeling of happiness and hope in this administration. I never been excited as now about the US administration as I think immigration and immigrants in particular gonna get relief .Ot looks this administration gonna look at asylum seekers as humans, as people, not criminals, burdens, thieves,etc
I think they will do their best. It is a big change from the old Administration, that is for sure. Take care, Jason
QUOTE:
“Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation. After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens.”
Source: https://cdn.vox-cdn.com/uploads/chorus_asset/file/22246670/Fact_Sheet__America_s_Citizenship_Act_of_2021.pdf
Is there a potential for any wiggle room for asylee’s in this part of the legislation Jason? Or is that a bit too much wishful thinking?
I really think we have to wait and see the bill. The idea (I think) is to help people who have been here the longest. I expect there will be a lobbying effort on behalf of asylum seekers, but what this bill will look like after it moves through Congress, I have no idea. I do think it will be important for asylum seekers to make their voices heard, and once we know more, I will try to post about that here. I know at least one organization that will be lobbying for asylum seekers, and so we will see what happens with that. Take care, Jason
Jason, I guess we should share the information of the advocacy firm that is working on behalf of the Asylum Seekers. For me, if we contribute, $10 or $5 per applicant in their efforts, they will be able to work flawlessly on our behalf. Only if there is any legal way to support them financially and morally.
Once things start moving, if there is a fundraising effort, I will post about it here. Take care, Jason
I am curious how long would it take to actually get the citizenship even the bill passes =)
For me it took 3 years of waiting for an interview, then one year to get the decision, one year before I could apply for green card and now I am on my 3rd year of awaiting for the green card 🤯 So, in total I have been in the process for 7+ years already and I don’t even have GC on hands
I think they were talking about an 8-year path, but who knows? It is a 5-year path from GC to citizenship, but when you add in the wait times, 6, 7 or more years is common. So we will see what this looks like after Congress gets hold of it. Take care, Jason
I am waiting for information about how they plan to fix a system that is limping and hurtling to collapse.
Me too – There’s a lot to do. Take care, Jason
Hello Everyone,
Sadly, for us it’s very depressing from what I understood from this article https://www.google.com/amp/s/mobile.reuters.com/article/amp/idUSKBN29K1X1
This only applies to people who are undocumented which doesn’t include us the asylum seekers, for example Jocey is a daca, she will get the GReen card immediately, but her mother who has been living as an undocumented immigrant since 1999 will have to wait an extra 5 years to get a green card, so even if it did include us, it would been we would have to wait an extra 5 years to get it and our previous years won’t be counted. Hopefully I am wrong but that’s what the article explained.
I am very sad because I hoped it would count our previous years and we would be able to apply immediately.
I don’t believe such law would pass
Hi my friend I heard that we fall in TPS category for people who are waiting for the asylum interview call, if that’s true than other thing is we will get temporary green card according to new rule let’s see what’s official has to say about that.
May be Jason can clarify more better and in detail once he is able.
Thank you and great things are ahead of us.
Countries Currently Designated for TPS
Select the country link for additional specific country information.
El Salvador
Haiti
Honduras
Nepal
Nicaragua
Somalia
Sudan
South Sudan
Syria
Yemen
Are you from one of them ?
I think it is too soon to tell. The bill will likely change as it goes through Congress, and how (and if) it will benefit asylum seekers, we will have to see. Based on the summaries I have seen, it looks like asylum seekers will benefit, but it is difficult to know, and even if it were clear, the bill could easily change before it becomes law. Take care, Jason
Correct. Yesterday, the press secretary when discussed the immigration bill, at the end she mentioned a sanctuary for the people who are running persecution. It was an indirect way of calling Asylum applicants.
In my opinion, we should create a universal request, and send that request to our congressperson’s office/email addresses, we are all over the USA, and we can approach about 60-70% of all congresspersons who are in the office.
we may request the points we daily discuss the backlog, delay, and hardships we are facing daily because of this delay.
Thanks
I have been in touch with a friend who is getting ready to do some lobbying, but we are still waiting to see the bill. Take care, Jason
Jason, as I mentioned above, I am ready to contribute “if” it is legally allowed, and I know most of our friends here, will be able to contribute to those efforts. $5 -10 per person is much better than paying hundreds of $$$ to the application processing feeses and waiting years to get the results.
There should be something online like we know the advocacy firm if we become their supporting members after paying the fee and get the updates from them via email etc.
You certainly are allowed to make donations to charities and non-profits, and so that is not an issue. I will keep people posted about this as I know more. Take care, Jason
Hi Jason,
Thanks for your help. You are doing awesome.
1. I applied my asylum in November 2016 in LA. I don’t have any idea when I am getting my interview call. Do you have any idea about interview ?
2. I applied EAD renewal on Nov 19th. I didn’t get any confirmation mail from USCIS. It will expire on April 4th.
3. Anything good for us in Mr. President’s new immigration law.
With Regards
Raj
Which country are you from ?
1 – Between the large backlog and coronavirus, no one knows. We also do not know if the Biden Administration will return to FIFO (interviewing cases in the order received). In short, there are a lot of unknowns and we will have to wait and see. 2 – Receipts are very slow for most people, and so this is not a surprise. You should receive that soon. Make sure you mailed it to the correct address, and if it does not come in the next couple weeks, you could try contacting USCIS at 800-375-5283 (though it is difficult to reach a person, you can try). 3 – The bill looks good, but we will have to see what it looks like after Congress gets hold of it. Take care, Jason
Thank you so much 🙏🏻🙏🏻🙏🏻🙏🏻
Raj, my EAD is gonna expire in the first of April too. I sent the renewal through my lawyer in December. Last week I received a letter that gave me the credentials for my online USCIS account and the receipt number of my EAD renewal. I guess you should try to make an online account, they may be able to send you something about it.
A lot of information has emerged about immigration reform. Unfortunately, I haven’t found anything that addresses the concerns of most readers of this site. Many of us have been waiting for an interview call for 4, 5, 6 years … When will someone remember us and start solving our problems? When will the injustice against us be removed? It turns out that being illegal without documents is now more profitable than being in our status of waiting for an interview? Who should I write so that they start calling us for interviews, and not those who have recently crossed the border? I have been waiting for a call for an interview since August 2015, I was denied three times to reduce the waiting time. World is not fair.
Hi my friend I heard that we fall in TPS category for people who are waiting for the asylum interview call, if that’s true than other thing is we will get temporary green card according to new rule let’s see what’s official has to say about that.
May be Jason can clarify more better and in detail once he is able.
Thank you and great things are ahead of us.
For people with TPS, the Biden bill gives them priority for a green card, but we will have to see how the bill looks after it goes through Congress. Take care, Jason
Hi everyone,
I have individual hearing soon, would appreciate if someone can guide me how court day would be and what things I should be careful about.
Thanks,
Tina
I did a post about this question on September 25, 2019 – maybe that will help. Take care, Jason
Hi Tina,
It appears you are new to this forum. I just wanted to mention that tina is already a user name that I use. If you could add maybe a number, or something to differentiate.
Jason, is it possible to add a feature where an existing user name could be automatically rejected if someone else tries to use the same name?
Thanks!
Maybe she can differentiate herself with a number or different name, as that would be helpful, but there is not a feature to block people from using the same name, sorry. Take care, Jason
TINA, I was wondering how you have a court hearing. Now this makes sense. I also read TINA’s stories so it was confusing at first when the other TINA said she has a court hearing as it wasn’t consistent with what you posted before lol
Jamie,
I hope s/he differentiates her own tina.
I am still in the madness phase of waiting for decision. AO told me after the interview that she had made her decision, and it would depend of how fast the people who mail it out do so.
It’s been 6 weeks of absolute insanity 😌
I understand that some people have been waiting for longer for decisions, so I am believing that the longer you wait, the more your brain tolerates the anxiety. I am not at that point yet.
Hay Tina, I am completing 3 years of waiting for the decision in February 21, if it helps.
@seeker
Wow! Did you try FOIA?
I am so sorry that you have been waiting for decision for so long.
My application was 5 years pending on the day of my interview, coincidentally.
@Tina, I filed in 2014 interviewed in 2018. Yes, we got FOIA, contacted Ombudsman, congressman, sending emails frequently, and my lawyer is also getting updates from the supervisor every month. The only thing left is a mandamus. I would have filed that last year if there was no COVID.
Hello Jason,
I have approved asylum and my GC application is pending since June 2020. Two months ago, I applied for EAD A5 but did not include payment since I have GC pending and explained this in a cover letter to USCIS. Today I received my receipt notice in mail and it mentioned that the required fee is 0 and and balance due is 0. They mention that they will. Process my papers. Does this mean that they accepted to waive the fee or is there still a chance that my application might still be rejected because I did not pay. let me know what you think
If they sent you a receipt, it sounds like they accepted the case, so hopefully, they will process it. We have had mixed luck with this, and have had EAD cases rejected for failure to pay the fee under these same circumstances. It seems to me that USCIS has not been completely consistent about this, and so hopefully, they accepted it and will just process the case. Take care, Jason
I have not seen the actual text of the bill yet, but based on the summaries I have seen, it looks like asylum seekers will be included. However, we do not know how the bill will change as it (hopefully) moves through Congress. You can contact your Congressional reps about this – links to the House and Senate are at right. Take care, Jason
Hay Jason, assume you are asked to make some suggestions for the bill. What would you suggest?
Most of them, I set forth in the blog posts I did over the last month or two (about fixing asylum). I also would like to see a fix to the EAD situation, and for people with asylum, a better path to a GC, plus a 10-year refugee travel document. Alternatively, if everyone just gets a GC based on a general amnesty, that is fine with me too. I can retire and relax. Take care, Jason
Jason, a minimum of 5 years for refugees/asylees and at least 10 years for asylee-GC holders. (RTD validity). I feel like that’s reasonable.
We’ll see what happens. Take care, Jason
Those seem very legit recommendations. I hope they add you as one of their advisors. Thanks for that.
Aleksandr, agreed. You definitely have a valid point. I feel like they hate refugees and asylees/applicants for these statuses. Everyone else gets a pass- or gets to jump to the front of the line-while asylum applicants and asylees are treated like animals or some kind of subhuman species. I am so freaking upset (I don’t know if can truly understand the pain and frustration unless you are an actual asylum applicant/asylee) Asylees/applicants need to come together and request of our Congress people to act on our behalf. Most asylees/applicants pay taxes and abide by the rules! They need to fix the asylum “issues” that THEY created! Stop punishing asylees and asylum applicants!!!! Enough is enough!!!
Jamie, thank you for understanding our feelings and conditions. We are extremely deprived despite paying taxes and abiding by the rules. You mentioned that asylees and applicants with pending cases should come together, I wonder how we could come together. One possibility would be that our attorneys should speak with each other and connect us through one platform/forum and we can sign one petition, unitedly. Or the other option would be that a group of attorney speak with one or two major lobby groups to raise our concern to congress and Biden administration.
I expect that once a bill is introduced, there will be a big lobbying effort. Currently, we just have a summary and are waiting for the actual bill. Take care, Jason
Asylumseeker, we probably have to start reach out to our Congress representatives for now. When they post their proposals for the public to make comments, then would be a time to speak out (if they don’t have anything in the bill for asylees, asylum applicants, and “asylee-GC” holders). I am adding GC-asylees and asylees because many of us, even though we just became asylees or LPRs, have been in the country for years waiting for a decision on an application or for an interview.
FACT SHEET:
President Biden Sends Immigration Bill to Congress as Part of His Commitment to Modernize our Immigration System
https://cdn.vox-cdn.com/uploads/chorus_asset/file/22246670/Fact_Sheet__America_s_Citizenship_Act_of_2021.pdf
Great article Jason
Hope Biden grants all the persons awaiting asylum decisions for over 5 years a path to citizenship. By the way Jason, what a hell is going on with USCIS? I renewed my EAD in early December but I never received a receipt nor have they cashed my check. Honestly, America turned into a land of aggression and hope the new administration cleans up all the mess that Trump has left behind. I am sick and tired of all this nonsense
USCIS is a mess and I expect it will take some time to climb out of the hole. Receipts have been delayed for a lot of people, and so hopefully you will get yours soon, but you should know that some people have waited more than 2 months for the receipt. Take care, Jason
That is very ridiculous for a great country like the USA to have such a broken system. It is a pity
Jason,
Great Article! Simple, yet profound. I felt so much warmth and inspiration reading it. Thank you. Stay well!
Thank you, Jason
Hello Jason
How safe it is to send the original documents to ssn office?
I have already lost all my documents once and don’t want to take a chance again…but need a new ssn card also
I do not know that they need originals – check their website to be sure. Also, for the most part, you do not get originals from the asylum office or the court – you just get a copy, so there should be no problem sending a copy of the copy. Certainly, I would not send them an original EAD or a passport, unless that is specifically requested. Take care, Jason
Thank you Jason for your reply
According to SSA official response – I suggest you call your local office and request in-person appointment –
Q: I am a non-citizen and Social Security says they need to see my DHS lawful presence documents to pay my benefits. Should I mail them to my local office?
Date: December 22, 2020
A: No. Do not mail any DHS lawful presence documents to SSA. If they are needed, your local office will contact you to possibly schedule an appointment to review and certify your original documentation.
Reference: https://www.ssa.gov/coronavirus/
Thank you vvn for your response
Hi Jason,
I have my I589 pending with USCIS for about 4 years now and I am thinking about getting an attorney represent me.
How much does your law firm approximately charge for affirmative asylum representation in asylum office(along with review of proof documents) ? (with no criminal records or further complication)
Thanks,
Tori
It depends on what we need to do still. For a new case, where we have to do the whole case, we charge $4000, including the interview. For a case that has already been filed, we normally charge less, but again, it depends on how much work needs to be done. Take care, Jason
Hi Jason,
Thank you for your time to reply to all the inquiries, we really appreciate it.
My question for you is I heard the Biden administration is planning on giving green card and citizenship to 11 million qualified undocumented immigrants. My asylum application has been pending since 2015 so do I belong to this undocumented category?
Please let me know
Thank you
Prateek
This bill is almost dead on arrival because it needs 10 republicans to pass. Don’t get your hopes up.
how many votes do we need to pass the bill? two thirds??
I think there are different procedures in the Senate, but my understanding is that it needs a simple majority (51 votes) to pass the Senate. I am not sure, as they seem to have a lot of weird procedures, but that is what I think. Take care, Jason
Hi Jason,
Do asylum applicants considered undocumented if they get USA using visitor visa?
Thanks
We will have to see how the final bill looks, but based on what I have seen so far, I think it will include asylum applicants. We really need to wait and see how things go, but it is certainly a positive start. Take care, Jason
That may be, but Dems have signaled interest to eliminate cloture, some believe Manchin is swayable to the idea if a juicy W.V infrastructure bill is held hostage, dems know if they don’t deliver they’ll lose their gains midterms
I’m here from 2015 with asylum case pending??? I’m included in the 8 path law ???
We have to wait and see how the final law looks. We are hoping for the best. Take care, Jason
We do not know yet, as they have not released the bill. Even once it was released, we will have to see if it passes through Congress and how it looks once that is done. In short, we don’t know yet. We will hope for the best. Take care, Jason
If the bill pass in congress?? Are we included? what do you 💭
I have thus far only seen a summary of the bill, but it looks to me like anyone in the US prior to January 1, 2021 will potentially be included. We have to see the specifics to know for sure. Also, the bill could change as it moves through Congress. We shall see. Take care, Jason