As you’ve probably heard, President Biden has proposed a comprehensive immigration reform bill, called the U.S. Citizenship Act of 2021. What does this proposal mean for asylum seekers? Who is included? When–if ever–will it go into effect? We’ll discuss those questions here. Spoiler alert: The answer to each question is “I don’t know.”
The first thing to know is that the bill is not yet public. All we have is a summary. Assuming the Biden Administration is being truthful (and I’m willing to grant them the benefit of the doubt, at least for Mr. Biden’s first week in office), a bill was sent to Congress on day one of the new Administration. Only a select few Congress people have the text of the bill, including New Jersey Senator Bob Menendez, who plans to introduce the bill in the Senate. Eventually.
This begs the question: What is a bill? You can learn about that in this delightful School House Rock video from my youth, but essentially, a bill is a proposed law. There is a long and messy process before it becomes a law (see the video), and it is certainly possible that a given bill will never become a law (again, see the video). So for now, while the Biden Administration has proposed some significant and beneficial changes to the immigration law, we will have to wait to see whether the bill gets through Congress, and how it looks if it ever becomes a law.
So what is in this immigration bill? Based on the public summary, here are the main proposals that could affect asylum applicants–
- “Undocumented individuals” will be eligible for temporary status, and later a Green Card and U.S. citizenship. Certain “undocumented” people–those with TPS, DACA, and farmworkers–will have a faster path to citizenship. Whether asylum seekers are included in the definition of “undocumented,” the summary does not say. If they are not included, this could mean that people with no status who arrived in the U.S. prior to January 1, 2021 will obtain lawful status long before asylum seekers. This seems pretty unfair. If asylum seekers are included in the definition of “undocumented individual,” that would be more fair, but potentially would leave some asylum seekers in limbo (for example, those who need to reunite with family members or who need a Refugee Travel Document).
- The bill would make family-based immigration faster and would eliminate the 3/10 year bar. Asylum seekers would benefit from this provision if they have a family member who could sponsor them. Asylum seekers who are subject to the 3/10 year bar–which blocks people who have been unlawfully present in the country from returning to the U.S. after they leave–might also benefit if they seek to obtain a Green Card by leaving the United States and consular processing (certain people are not eligible to obtain a Green Card in the U.S. and must leave the country and apply overseas). My sense is that these proposals won’t help many asylum seekers, but some may benefit based on family relationships or employment sponsorship.
- The bill provides more funding for integrating refugees and immigrants, including asylees, into our community. This includes assistance with education, employment, and English language.
- There are many problems at the U.S. Southern border, including an overwhelming number of asylum applicants. The new bill proposes to “enhance the ability to process asylum seekers” entering at the U.S.-Mexico border. What this means is not clear, but presumably, it would be better than the humanitarian disaster that we have now. One concern is that moving Asylum Officers to the border means that fewer will be available to process affirmative asylum cases, and this could further exacerbate the backlog.
- In order to reduce the number of people coming to the border, the bill provides funds to address “underlying causes of migration,” such as corruption, violence, and poverty. If root causes could be effectively addressed, and if fewer Central Americans sought refuge in the U.S., that would free up resources to handle the backlog at the Asylum Office and in Immigration Court. While this seems like a noble idea and worth a try, it’s hard to believe we can make enough of an impact to significantly affect migration in the near future.
- The bill would increase funding for Immigration Courts, improve training for judges, better utilize technology, and reduce the court backlog. The bill also proposes to increase fairness by giving judges more authority to manage their case loads and grant discretionary relief. All this would be terrific and would help reduce the Immigration Court backlog, which currently stands at almost 1.3 million cases.
- The bill would eliminate the one-year asylum filing deadline, which was meant to reduce fraud, but–as far as I can tell–arbitrarily blocks legitimate asylum seekers from obtaining protection. It would also expand protection for foreign nationals who assist U.S. troops.
- Finally, and not least of all, the bill would change the language of the law. Instead of referring to “aliens,” the law would refer to “noncitizens.” Perhaps this is a small thing, but I think it represents a shift in attitude, which is important as we move towards modernizing and humanizing our immigration system.
All this is merely a starting point. How the bill will look after it moves through Congress, no one knows. There will be opportunities in the coming weeks and months to lobby Congress in order to improve the bill, and I will try to write about that when I know more. You can bet that people who oppose immigration will be speaking to their representatives, and it is important for advocates and immigrants to get involved as well.
Before we wrap up, I should note that the proposed bill is not the only way that the Biden Administration will make changes to our immigration system. The Trump Administration issued a blizzard of executive orders, regulations, agency memos, and Board of Immigration Appeals/Attorney General decisions that affected asylum applicants and immigrants. Such changes are not as profound or permanent as changes to the law (such as the proposed bill), but they can have a significant effect on how the law is implemented. We can expect similar executive action from the new Administration, though I imagine some of that will take months (or longer) to implement.
The U.S. Citizenship Act of 2021 would improve and modernize our immigration system, but it’s not perfect, and we have a long way to go before it–or something similar–becomes law. Once we have the actual text of the bill, we will know more, particularly about how it will (or will not) benefit asylum seekers. Despite the challenges ahead, I think we should allow ourselves a moment of joy–this bill is a big step in the right direction, and that is a very positive change from where we were just a short time ago.
[…] eliminated the “no blank space” policy. He also worked with Congress to introduce the U.S. Citizenship Act (which seems unlikely to become law) and he proposed an increase in the USCIS budget to help deal […]
Hello Mr. Dzubow,
Thank you very much for your hard work and commitment to this blog. Thanks to people like you, the asylumist community can learn more about new rules, regulations and changes. I wanted to know your opinion about “asylum pending” cases, i.e. people who have filed for asylum, lets say back in 2014 or 2015 and haven’t heard anything back from USCIS. The only acknowledgement from USCIS is that “they’ve received the case and the next step is in person interview”. With upcoming new policies and changes, what would happen to those people?
Thank you for you time. God bless you and your family.
In the event that the proposed bill becomes a law, most of these people (and everyone else in the backlog) would be able to apply for a green card based on the new law. If the bill does not become law, we will have to see how the Biden Administration deals with this problem. Neither Trump nor Obama could get a handle on it, and I am not sure whether Biden will do something different. I wrote a series of blog posts over the last couple months with my ideas on this point, and I know there will be some lobbying efforts to improve the situation. Hopefully, either through a new law or through administrative changes, we will see some progress for long-delayed asylum cases. In the mean time, the only real option is to try to expedite, which is quite difficult, but you can try – I wrote about that on March 30, 2017. Take care, Jason
Hi Dear Jason and all,
Thank you for everything you do, for having this platform which provides extensive information to us.
I am an asylee, and have a travel document. I and am going to apply for adjustment of status in the next few days as well as for advance parole. I hope these two are enough to travel abroad and come back to USA.
After submittal of my application for adjustment of status is it safe to travel to India and come back with no issues? Has anyone travelled to India with travel document, and how was your experience?
Thank you for your response and advice on this question.
If you are an asylee (meaning you have won asylum), you should get a Refugee Travel Document (using the same form as Advance Parole, the I-131, but you complete the parts for the RTD). I think you cannot get Advance Parole in your situation, and anyway, the RTD is a better travel document. You need to have that to re-enter the US safely if you travel, but once you have it, you should be able to re-enter with no problem. And you can go to India, as long as that is not the country where you face persecution. Also, if you file to adjust and then travel, be aware that USCIS could send you a fingerprint notice or interview notice, and so you need to have someone check your mail – if you miss an appointment, USCIS could terminate your case and you will lose the filing fee. Take care, Jason
Hi Jason and everybody. Hope everyone’s doing OK and staying safe in these pandemic times.
I was hoping to pick the forum’s brain regarding EAD renewal (for a pending asylum case (c)(8)): My EAD expires end of August 2021, and for the life of me, I can’t remember if the earliest date for filing the application for renewal was 180, 120, or 90 days before the expiration of the EAD. I tried finding this info on the instructions page and elsewhere, but I can’t seem to find it for (c)(8). If someone could confirm (preferably with a source), I’d be very grateful. Thank you.
2.
The earliest you can file to renew is 180 days before the old card expires. Take care, Jason
You’re the best, Jason. Thanks you so much!
Hello Jason,
I and my daughter are due to apply for citizenship next month after waiting for five years. My wife and son came to join us as asylee in March 2017, after one year they filed for their GC in May 2018 and still waiting. First the case was send to Nebraska and later transferred to Texas Mesquite in August 2018. We contacted our Congressman last year and he contact uscis they wrote to him that, the case is still in process. I read in one of your post that if the principal becomes citizen the dependent is no more in asylee status. My question is does this rules apply to those waiting for their GC like my wife and son ? If that is so please what is your advice to me?
Thank you for changing life.
That rule does apply to your wife and son. One option (which I do not recommend) is to file for your citizenship and hope that your wife and son get your GC before you become a citizen. In some cases, there may be a reason to do that (for example, you have to become a US citizen to petition for a parent), and you can always try to delay your citizenship or cancel the case if it moves too fast (and then re-apply later). Otherwise, the other option is to wait until they have their GCs before you apply for citizenship. That is safer for them (if you become a citizen, there is a long process, called “nunc pro tunc” that allows them to get their own asylum status and then get a GC, but that will cause significant delay). You daughter, on the other hand, can apply for citizenship, but there is an age requirement (I think either 18 or 21) for that, so you might want to check the N-400 instructions. Take care, Jason
Thank you you Jason, you are God send !
Hi Mr.Jason, thank you for your kind efforts
I applied for asylum in 2016, interviewed in 2019 and referred to court in June 2020, my proposed calendar hearing date was today but suddenly cancelled.
My question:
Is there any hope for my case in the light of Mr.Biden administration?
I have been away from my family since 5 years, are there any helpful measures to end
my agony?
Court cases are moving slowly due to the backlog and Covid. However, you can still try to expedite the case – I wrote about that on April 20, 2017. Take care, Jason
Jason,
If I sent the documents to the Texas center for an EAD renewal in November 2020 and still haven’t received a confirmation (I-797) nor the check has been cashed, is it a good idea to resend the whole package again and include an explanation of why I do this? Or just keep waiting? My current EAD expires in late March. My asylum is granted but I really want to avoid going to the DMV without a new EAD and try prove that I am supposed to have a license…
I am not sure what is best – it is obviously a long time to wait, but lots of people were seeing delays and so I would expect that the receipt will come soon. If you do re-send, I think it is wise to include an explanation. Hopefully, you can avoid them cashing both checks, as that will be a big waste of money and might create confusion when they are processing two cases (though one case will go first and I imagine the second case will be canceled once they realize you have an EAD). Take care, Jason
Hi Jason,
I have approved asylum pending. GC. Thinking about traveling to Hawaii for 1 week. Would that be safe with my state driver’s license which is real ID, if I travel directly from the mainland to Hawaii and back in direct flights? Your thoughts appreciated.
I don’t see a problem. And Hawaii is very nice. Aloha, Jason
Hi Jason,
If a TPS holder gets the green card, can he/she give status to the spouse ? ( spouse is pending asylum in immigration court). If yes, how long does it take?
Anyone with a GC can file for a spouse, but often times that spouse would need to leave the US to get the GC, which is very tricky, and even more difficult for people in court. I did posts discussing these issues on August 28, 2018 and September 6, 2018 – maybe those would help, but talk to a lawyer to review the specifics of the case. Take care, Jason
Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans
https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-on-restoring-faith-in-our-legal-immigration-systems-and-strengthening-integration-and-inclusion-efforts-for-new-americans/
One of the thing Biden asked homeland and security, state department, Attorney general is to
” identify any agency actions that fail to promote access to the legal immigration system — such as the final rule entitled, “U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements,”
If really this administration doesn’t change the interview system from LIFO to FIFO it would have failed with asylum seekers who have hopelessly spent years in that dark home called backlog.As asylum seekers that the only thing I wish this administration to address as soon as possible .If I try to read what Biden is instructing in his today ‘s Executive order it look like he really want fairness into immigration system.
I hope it will entitle some good news for asylum seekers.
Hi Jason
I interviewed 2019 October and I have not received my final decision yet.I contacted the Obudaman and I have got email from Ombudsman it says “ In response to our inquiry, USCIS service records indicate that USCIS entered a final decision on your asylum application on December 17, 2020. You will be notified in writing of the adjudication decision that USCIS has determined”
Unfortunately I have got nothing
Please advise
Thank you 🙏
Hi James,
USCIS was saying my decision is in the final decision process on November 10. Then they said the background check is not completed on December 18. Now I asked for support from the Ombudsman last week saying no decision is yet. Still waiting for the answer.
How long will did it take to get the answer from Ombudsman?
When I fill the electronic form for Ombustman, I submit the form an automatic email was saying about the consent form and signature. But consent was given already on the electronic form. Do I need to send another form via email?
Which office you have your application to?
I had my interview in March 2019.
I will check this page regularly please share an update when you receive your decision PLEAASEE! This is important we want to learn what happens after ok…
Best of luck
We are seeing Ombudsman requests take maybe 4 to 6 months. I think once you submit it online, there is nothing to do except wait. Take care, Jason
You Gott’a be kidding me right or everything is a joke. I am requesting a support for my case believing and arguing unusual delay is affecting my life badly, and still I need to wait for another 4-6 months to hear my case at the last stage of decision? I have no word for this …
The Ombudsman can sometimes be helpful (and hopefully, they will become more helpful in this Administration), but they are not know for their lightning speed. Take care, Jason
Maybe email the asylum office directly to ask them about this, and mention what the Ombudsman said. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason and seekers,
My spouse and I are c(8) and purchased $410 money order each for renewal. When reading comments in this blog and looking at the new requirements for EAD initial AND renewal, we noticed that biometrics is required again! Previously we renewed at $410 with no problems without biometrics. Do we have to pay for biometrics fee at all? Do we also have to go for biometrics appointment?
Hope to hear back from Jason and/or other seekers soonest. Thank you in advance.
YC,
You have to include additional $85 for biometrics.
USCIS may or may not schedule you for another biometrics appointment.
Yes, we included the additional amount after posting the comment. Thank you so much for confirming.
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
Thank you for everything Jason! ❤
I can’t wait for your new updates on blog!
Dear Jason,
I have a question about the medical forms. I am intending to submit the medical exams within my initial I-485. I know that it is valid for two years, but I heard that you should receive your I-485 receipt within 60 days to make it actually valid for two years. Is that the case? Thank you!!
I think you have to submit the medical exam to USCIS within 60 days of doing the exam. If you submit it on time, it remains valid no matter how long the I-485 process takes. Take care, Jason
Dear Jason,
I sent my I-485 package to the uscis office last year. I applied for expediting and luckily it’s approved and it says You should receive a decision or notice of further action within 45 days. However, when I sent the i485 package, I did not send the medical examination report with it. So, what is the best option that I should follow? Should I do the medical report now and send it to them with a copy of my I485 receipt or I should do the report and wait for them when require it? or is there any other idea?
Note that I have not done the fingerprint yet?
Thank you in advance for your reply.
I sent in my medical with the i485 application. Although I have read elsewhere, you don’t have to do it at the same time, since its invalid after 2 months.
I would wait until they ask for it, as that is safest. Otherwise, even if you include the receipt, it may not get properly matched to your file. Take care, Jason
Relief! Finally, my application notice for i485 Biometrics is finally here. In fact, it was sent last month but had to be forwarded to my new address. So, the process in total has been 7 months in total. I am so overwhelmed, another hurdle is about pass. I couldn’t even finish eating my dinner!
I don’t care what anyone says, this is the Biden Administration actually working. My faith and belief in God is what has carried me through these past 7 months. I was starting to feel stuck and hopeless. The idea of waiting years for a green card to finally have some firm footing here seemed daunting.
For others out there waiting, I send you strength and best wishes that your wait will be over soon. Regardless of all the struggles of the past year, I believe the next four will bring so much hope for many. I hope I will be eligible by 2024 to vote for Biden.
Enronn Sierra,
So you telling us you get a notice letter that lets you give a biometric to the nearest application service center? What does it mean? What is the next step to get your green card ?
Thanks,
I don’t know if I will be doing an interview, but at least it shows some movements. Another good thing about this is, nothing has been rejected. So, the fact that they are taking the biometrics is a good sign at least.
I think this is an important point and I just want to add emphasis to it – you were waiting for a receipt. It should be a small thing, but it is definitely not. Perhaps the asylum process left some PTSD – it puts people under great stress for long periods of time, and so when something else goes wrong, it creates anxiety and stress way out of proportion to what would be the case if things worked more normally. Maybe if decisionmakers better understood the human impact of their actions, they would be more diligent – I think in this regard, the Biden Administration will be better. They will try to implement the asylum system as it was intended, and not try to block people in every way imaginable. How much success they will have, we will see, but know that people are trying to do the right thing will – hopefully – alleviate some of the anxiety inherent in the process. Take care, Jason
So, president Biden just tweeted, “Families belong together, period”. I hope families of Asylum applicants may also be considered.
Let’s hope so. Take care, Jason
Dear ENRONN , what state did you apply from ?
Hi Jason,
I am on pending asylum case waiting for interview since 2015. Recently I have had 2 major and 3 minor surgeries done since January 2020 till date. my medical condition is not good. I get recurring scrotal abscess after every 2 months. I am very tired of waiting for this long wait time for interview. Could you please tell me if i should expedite my case? and how? should i mention my medical condition? will that make them calling me for interview?
Thank you.
It is not a great time to expedite, as things are slow due to Covid. However, you certainly can try. I wrote about expediting on March 30, 2017. Basically, if the doctor can say that the stress of your case is making your health worse, and that expediting would improve your health, maybe that would be a basis to expedite. Take care, Jason
Thank you Jason, I will wait untill some good news comeup from this admin.
Thank you for doing this 🙏🏼
Hi everyone,
I’ve a pending asylum case since Oct 2016 without any interview. My company filed EB3 work sponsor for me but they have concern that I can’t change my status without leaving the US since pending asylum is not an status, it’s only an authorization to stay.
I want to check if there is a way to change my status from pending asylum to GC based on EB3 without leaving the US.
Note: When I filled my asylum case I had a valid visit visa, and since then I renewed my EAD without any gap.
Thanks
It may be possible – I wrote about that on August 28, 2018 and September 6, 2018. In most cases, it does not work, but you would have to talk to a lawyer to see if there is a path for you. Good luck, Jason
Hello,
I’ve a pending asylum case since March 2016 without any interview. I would like to file E2 business visa but I heard that I can’t change my status without leaving the US since pending asylum is not an status, it’s only an authorization to stay.
Please advise if there is any way I can change status from asylum to E2 . Also due to the current situation where may be new laws will come in coming weeks/months should I apply for E2 now or wait as I am in USA since 2016 clean record , paid taxes . Please confirm if there may be possiblity get the green card due to new immigration proposal .
Thank you and May God Bless you for your good work.
Generally, you cannot get a new status without leaving the country, but there are exceptions – you might talk to a lawyer about the specifics. I also wrote about these issues on August 28, 2018 and September 6, 2018. Maybe those would help. I have not heard about anything in the Biden proposals that would help, but we need to wait and see more specifics to have a better idea about what will change. Take care, Jason
Jason, I believe, if I am not mistaken (I could be wrong), Biden’s proposal also includes eliminating the 3/10-year bar. If this is the case, and if it is successfully implemented, I can see asylum applicants, and other immigrants, leaving the country for the GC application. I think the asylum applicant would need to contend with something else: returning to the country of claimed persecution. This could potentially open up a can of worms for the asylum applicant, even if the Biden administration successfully removes the bars to returning to the U.S.
To eliminate the 3/10 year bar, Congress will have to change the law, so we will see what happens. I agree that even if that bar disappears, there are still other issues to contend with, like where asylum seekers should consular process, and so this path (asylum seekers leaving the US to consular process) will never be all that easy. Take care, Jason
Hi, I am in the similar position and currently waiting for EB-2. You can adjust your status as long as you haven’t had interview yet. It is “technical” violation by USCIS as they haven’t invited you for the interview. If you already had interview, it not possible. It can only work before the interview. There is still some hurdles were put by Trump Administration and starting September 2019 you were not able to do it and USCIS would not adjust your status without explaining why. With Biden Administration in place I believe you would be able to do it. Also look for an experience lawyer. I went through 7 lawyers and found one who has experience in that and showed me different documents and law explanation for situations like that. Good Luck!
I’m on the same boat and filing EB2.
Can you please share your info and documents about the laws you mentioned?
Matter of L-K Decided Sept 30th 2004
AILA Doc No. 94051080 Dated April 6th 1994
Kuzban’s Immigration Law Sourcebook Chapter 4, Section XI.B
Cases adjusted based on the Matter of L-K. There were some instances when cases were adjusted even without interviews. Yet again, I recommend you find a knowledgeable lawyer. This is very kinda grey area. Also, full disclosure, its not guaranteed that your status will be adjusted without leaving the country, but the worst can happened you go to the interview in US and if they say no you can still go and do it outside. Trust me, I am worried about that scenario as well, but I am happy to take that risk and with new administration in office I believe that it is possible to adjust for GC in US, just have to believe.
I think you will need to be very careful about this, but it sounds like Seeker got it right – find a lawyer and have the lawyer map out for you exactly how you will get from where you are today to having a GC. The technical violation is an exception under INA 245(k), but I have never heard about it being successfully used and so while it is worth exploring, you just need to be careful. Take care, Jason
It seems Mike and Ali who asked questions about EB2 and EB3 are the same individuals. One said March 2016 the other said Oct 2016 as the first application which one is true? I do not care indeed what is true the point if you can change your status when pending for asylum if you have any other ways of GC other than Asylum. and the answer is in the at August 28, 2018, and September 6, 2018
I wish people who tried something like this share their experiences here. People ask and disappear once they got what they need. Some of them never show up again and educate others.
Why Jason is a great guy? Because he does not need to help us. He has a job, not an asylee, no one tells him to set up a page and help everyone who needs help. Even he does not consider having the advertisement on his page nor adding a donation button at the corner. He is a cool guy. Cool person. And we do not have that many great characteristics nowadays.Thank you bro
I do it for the glory. Take care, Jason
@Firstresponder,
He is most likely communicating from the same IP address if he is the same person, but why?
Hello Jason
Is it true that those who missed a 1year deadline to file asylum application are not eligible for employment authorisation and SSN? I heard that Trump introduced that rule last year. Thank you.
That is true, but a court blocked that rule for members of two organizations (ASAP and Case de Maryland). If you join one of these groups, you would still be eligible for a work permit, as before. I wrote about this (with links to the groups) on September 23, 2020. Take care, Jason
Hi Jason,
First of all, Thank you for helping us by answering the questions here. My question is: Does more than 6 months unauthorized work in the US while you are asylum applicant make your adjustment status application for green card get denied? It looks like it is under construction of unlawful presence section for applicable inadmissibility grounds of Asylee. I wonder if there is any exception ?
It should not. In my experience, USCIS does not care about that. However, it is important to mention it in the I-485, and if they do care about it, you would file a waiver under INA 209(c). This is called a refugee waiver and would “waive” (forgive) the unlawful work. The problem is that if you fail to mention the unauthorized work, you will have other problems: (1) you would have lied about the unauthorized work, which is a separate reason to deny; and (2) you will likely get the GC, and then if USCIS finds out later about the work, you will have trouble and you will not be eligible for the 209(c) waiver (it is only for asylees and not people with a GC). So in short, it is best to mention any unauthorized work on the I-589 and the I-485 (and any other forms you complete), as it is the safest course. Take care, Jason
Hi Jason,
Thanks for your response. What if they count the unauthorized working days as unlawful presence and they deny the case not due to unauthorized work but unlawfully presence? I found below paragraph in their website:
Asylees
No period of time in which an alien has a bona fide application for asylum pending under section 1158 of this title shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.
I have never heard of that happening, and I do not think unauthorized presence would be relevant to asylee adjustment. Even if it were, you could still do the 209(c) waiver. If you are worried, you should talk to a lawyer to check for sure – it never hurts to double check these things. Take care, Jason
How you guys can work unauthorized? Is it possible that an employer can hire you without proper paperwork? I am asking because I always thought that either you can not work or you do it illegally hiding from authorities which can be a serious problem as well. but eventually, it will not be on the system…
Right?
Many people work illegally. It is not allowed, and it can have legal consequences. However, I have never seen or heard about a case where asylum was denied because the person worked illegally. I guess theoretically, that could be possible, but I doubt it would happen. Unfortunately, the long delays with work permits leave many people with no choice but to work illegally or starve to death while they wait for their case. Take care, Jason
I was in a unique situation, because of the online work I was doing in my country of origin, I continued to perform it while my case worked through the system. After I granted asylum, I file my taxes and paid the penalties. What I recommend to anyone embarking on this journey if you have to work to survive, try to get an ITIN. My scenario was kind of lucky, but the reality is, waiting for work authorization and SSN is unreasonable.
– You need a stable address (rent)
– You need food
– You need to pay lawyer fees
– You still want to live your life and take care of living expenses.
I remember getting strep throat and had to go to an urgent care to get help. That was $250 out of pocket. No one cares if you are filing for asylum, you just better have that money to get the antibiotics. We all know what disaster healthcare is in this country even for those with insurance; now imagine those without?
Hey Firstresponder,
To my surprise a lot of small companies just hire without work authorization. But big corporations participate in e-verify and they don’t hire unless you are authorized to work. Some big companies require green card or citizenship for some position (that happened to me). So few small companies are willing to take risk (and they are barely a target for law enforcement due to their size)
In my current job I initially got through a job agency as a contractor, up front I had to present my EAD. When I eventually was appointed full time, I had to again present my EAD. Also, the big old E-verify poster is in the lunchroom, too. So, it’s extremely hard unless it’s an inside job to get undocumented people to work in a company. It’s basically air-tight!
Hi Jason, my case is pending for decision at newark asylum office for a few years. They recently replied to an enquiry saying that they need a seconds interview before issuing a final decision but they cannot expedite it due to to covid. I think they will drag this into next year.,did 4-5 expedite requests with congress and obdusman with very strong reasons but they rejected them with only covid excuse. I may have to move to Texas due to work. What happens if I move in this situation? will my case be transferred to Texas or they may still call the interview at Newark Asylum office? Thanks for your time.
Normally, if you move, your case will move too (assuming you file to change your address – which is required for a permanent move where you give up your old address). The second interview would normally take place in the new office, which is fine, as you would probably have a different officer even if the case remained in Newark. I am not sure there is any action you can take, given the Covid-related delay and the need for a second interview, but you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hello Jason and fellow asylum seekers.
I’d be happy if anyone could help me with one issue.
How can a person travel abroad (to a neutral country) if his asylum case is approved but his passport from his home country is expired?
Is there any way or the asylee must wait until he gets U.S. citizenship?
You can get a Refugee Travel Document, form I-131, available at http://www.uscis.gov. That looks like a passport and is used instead of a passport. Not all countries accept it, and it is only valid for one year, but it does work for many countries. Take care, Jason
Thank you for the response, Jason. You have been unconditionally helpful to all of us on this website. God bless
Dear Jason,
Thanks a million for all what you do for us. Regarding the US Citizenship Act of 2021, this statement at the very end of it reads “ The bill also expands protections for foreign nationals assisting U.S. troops” . I am a dependent to my wife’s asylum application from 2018 and we didn’t get an interview. I work as a government contractor ( with ACTFL language organization) who test and rate Army students’ language performance in Arabic. It’s a part time job in addition to my full time job as a teacher at a private school in NOVA. Will my job as language tester for Army students be considered under “foreign nationals assisting U.S. troops?
Thanks Sir 🙏
No one can answer that until we see the actual text of the bill. Even then, until (and if) it becomes law, it would have no effect. So for now, we will have to wait and see. Take care, Jason
Hey Jason, I have a question regarding the USCIS online tracking tool. I had my Asylum interview on December 02rd 2020 and whenever I tracked my case it was written Decision is pending. I have not receive a decision yet . However when I track it recently is says Application is pending. So I want to find out from you why this flip from Decision is pending to application is pending .
Thank you
It means your case is transferred to the LTD floor.
What do you mean by LTD floor?
Thanks,
What is the meaning of LTD floor please?
Thank you
Please accept my apologies, I did not mean to make you hopeless but after seen everything last 6 years and hundreds of thousand cases wait for nothing I stop hoping for real change overall system. It is luck 99%
I made up the abbreviation LTD -let them die floor. I start feeling no one cares. I have never seen such an organization like this one. Many people complain about DVMs or USPS but at least you can find a human in front of you to talk to. I have never seen anything like this. you do not know what is happening in your case how many stages it passes, where it stops, what is missing from your file, and more importantly what they are doing to solve the problem. 5 years of wait ….
what can I say
At least now, the new people coming in believe in the rule of law, and many of them want to see a robust humanitarian asylum system. Whether they succeed or not, we will seen, but I believe they will be working hard to make things better (as opposed to the old Administration, which was using the bureaucracy to try to block and delay asylum seekers at every turn). Take care, Jason
Hey Proper,
I have been waiting for my asylum decision for almost 5 years now and I experience the same thing than . Mine also used to be Decision pending until it changed into your application is still pending with USCIS. From my prospective, it simply means that your application hasn’t been sent to court but is still with those people that sat on our application to please Trump.
Good luck
In fairness, the long post-interview delays existed before Trump, and so while there is a lot to blame his Administration for, this problem precedes his time in office. Take care, Jason
Hello Jason
Case was sent to the department of state
What does this message means for the approval of i730
Once the case is sent to the local consulate do we have to do anything or they will contact us?
It sounds like the I-730 was approved. Normally, you would receive a paper notice about that. Next, you or your family should be contacted soon (how soon, I do not know) about the case – usually by email. There is a link under Resources called I-730 Family Reunification Manual, and that provides a lot of good info about the process, including what your family needs to do to finish the case. Take care, Jason
Hi Jason, thanks for the info. Since I did my biometric and got my EAD, I haven’t heard anything. Will I be under undocumented?
For President Biden’s proposed law? That, we do not yet know. We will have to see how it looks once it gets through Congress. Take care, Jason
Hey Jason, I have a question regarding the USCIS online tracking tool. I had my Asylum interview on December 02rd 2020 and whenever I tracked my case it was written Decision is pending. I have not receive a decision yet . However when I track it recently is says Application is pending. So I want to find out from you why this flip from Decision is pending to application is pending .
Thank you
These seems to happen to a lot of people. I do not think it has any meaning. Maybe email the asylum office directly to ask about the status of the case. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Jason as you know well our Immigration system is badly broken and in need of reforms. But looking at the attitudes of Republicans in the Senate I have serious doubt that Biden’s administration will be able to reform the Immigration system in 2021. The administration has four priorities:
1. The American Rescue Plan (Covid-19 relief)
2. Build it back better Plan (Jobs creation)
3. Immigration Reforms, and
4. Democracy (expanding voting)
And to pass any legislation in the senate it requires 60 votes meaning that the Democrats will need 10 Republicans to vote for any Bill to pass and we know that is very unlikely to get 10 Republicans to support any meaningful legislation. So, in absence of support from the Republicans the Democrats could use reconciliation to pass the bills. Under the budget reconciliation process the Democrats need 50 plus 1 vote to pass the bill. Normally in one calendar year the reconciliation process could be used only once but since in year 2020 the process was not used in year 2021 the Democrats may use the reconciliation process 2 times and if they do it is obvious that the Democrats will prioritize the first two major legislations (The Rescue plan and Build it Back better) …
Probably in 2022 the Democrats may be able to pass immigration reforms legislation and we have to remember thar 2020 is mid-term election year as well…
We will see. Perhaps there are compromises that can be made to achieve bipartisanship. I do think it is an uphill battle, and my understanding is that more Democratic than Republican Senate seats are up for grabs in 2022, and so that may not bode well. On the other hand, a more modest bill might get some Republican support, or perhaps there is some arcane procedure (like eliminating the filibuster) that can be used (or threatened) to move the bill along. Take care, Jason
I still can’t understand why asylees (those who waited at least 4 years to get their asylum approved and later their GC application is still pending for at least a year) are not included in the bill in terms of citizenship time requirement. Those people waited so long to get their asylum approved and are waiting very long to process their GC application. This is totally unfair! Some tps holders got their asylum denied, or they are not even eligible for asylum so they avoid applying, and now they can apply for citizenship before people who came before them and waited so long to get their asylum approved!!! Don’t get me wrong, I totally agree with adjusting their status, but I think asylees should be included in the 3 years requirement for citizenship, just like dreamers and tps holders. All lawyers and humanitarian agencies like AILA know that Trump’s administration purposely slowed down all USCIS processes to cause harm for legal immigrants. With the new bill tps holders and dreamers may have priority to get their GC processed and approved which will cause more delays for asylees GC applications! Totally unfair! Am I wrong?
You are right. They should expedite the asylum review process and also they should shorten years required by asylees for citizenship eligibility. At least they should count the 5 year from the date the asylum was granted because it’s taking too long (about 3 years) to get the GC once asylum is approved.
Thank you for the great point !
Thanks! Thats my point exactly!
At this stage, we only know what is in the bill’s summary; we do not know what is actually in the bill. So asylum seekers may be included. Once the bill is made public, we will know more, and there are agencies gearing up to lobby Congress. Take care, Jason
Thanks Jason! The summary doesn’t seem promising for asylees (approved asylum), the language in the summary seems to support those with pending asylum cases, cause I think asylees (approved asylum) are considered documented immigrants. I really hope I am wrong and the bill will actually have much broader effect beyond its summary. We only can wait and see. Thanks again Jason! 🙂
I do not see why asylees really need much help. After one year, you can apply for a GC, and then 4 years after you get the GC, you can apply for citizenship. As I understand it, that will be faster than most people, even if the bill goes through. And even if it is a year slower than some (Dreamers, for example), that is not terrible. Anyway, we will see what happens. Take care, Jason
Exactly on point!
Dear Jason . I need some clarification . It is being said that Biden plans to give illegals path to citizenship , an 8 year wait after adjustment of status . Would this affect Asylees who adjust status and only have to wait four years from green card approval , would they now have to wait 8 years instead ? I mean this would be ridiculous and repulsive . I’m hoping this new administration is not screwing us more than the previous …… please share your insight
Hi Jason,
Quick question- when filing renewal EAD form do we need to input “N/A” for fields which do not apply or we can simply leave it blank as last time I left it blank and it was accepted but I want to be very careful this time.
Sorry to take your time and thanks for all your help.
We are still leaving fields on the I-765 blank and have not had problems, but there is no harm in putting N/A if you want to be extra careful. Take care, Jason
I do not think there will be any negative effect on asylees, so I would not worry about that. How the final bill will look, and who will benefit, we don’t know. We will have to see how things turn out. Take care, Jason
Dear jason ,
Thank you for everything you doing.
It was supposed to had individual hearing in October 2020 , los Angels immigration court. but the court called me that day, and told me your hearing reschedule to March 2022 due to coronavirus pandemic .
What you think i should do to get sooner date ?
Can i send mention to court ?
Note : my country in civil war and conditions there so so bad .
Thank you again .
It is not easy to get an earlier date, but you can try. I wrote about that on April 20, 2017 – maybe that would help. Take care, Jason
I have a simple question for everyone.
Do you guys really believe that they will give a legal status to millions of people in a year? What interest does USA have to do that ? Who can tell me what are the advantages of doing that?
I don’t really believe this.
I m doubtful. It’s really to good to be true.anyway let and see ,Jesus is able of anything.
This has been a proposal for decades. There economic advantages in that we will collect money to legalize people, they will pay more taxes, they will be more stable and employable, and so more likely to invest in this country. There are also security advantages – we can legalize the eligible people and focus on deporting the smaller number that remain. Also, the idea that legalization will harm American workers or our security is weak, at least to me, in that these people are already here and in many cases, have been here for years. The main arguments against seem to be that it will encourage more people to come here, take jobs, and bring crime. The only one that seems plausible to me is the first one, and even that I doubt – people are coming here anyway. All that said, it is going to be a tough fight to get a bill like this through Congress. Take care, Jason
Hi Jason,
My asylum case has been pending since 2015, but I also have the TPS. I haven’t renewed my TPS because I heard having the TPS affects the asylum interview. My question is if President Biden’s new immigration policies goes in effect can I renew my TPS? Will their be any risk that comes with it for my pending asylum case? It seems like the TPS path will be quicker for me than asylum. What do you think? Please let me know your thoughts on this. Thank you.
Best,
Vikash
I do not think that TPS would have any negative effect on an asylum case. If you have TPS, and you are denied asylum, I am not sure whether you get referred to court or not (people who are “in status” do not get referred to court, but I can’t remember what the Asylum Office policy is for TPS). Whether you can get back into TPS status, I do not know, but at this stage, we really can’t be sure at all that TPS people will benefit from the bill. That is the proposal, but we don’t know the final rule. In any event, there is probably no harm (except for fees and effort) of getting back into TPS status – you just have to make sure you are eligible to do that. Take care, Jason
Thanks Jason for your informations.
Which country are you from ? Because I heard TPS is only available to certain nationals:
El Salvador
Haiti
Honduras
Nepal
Nicaragua
Somalia
Sudan
South Sudan
Syria
Yemen
Right ?
Been in the country continuously for 7 years before 18th birthday , affirmative asylum in backlog . If Biden give a path to illegals , can I drop my asylum case and be put in removal in order to be deemed illegal to qualify for the pathway ?
🤣🤣🤣 Thanks for mak6me laugh
Making*
Maybe – but it depends on how the bill looks when and if it becomes law. Take care, Jason
Does immigration bill needs 2/3?
I don’t know all the arcane procedures in the Senate, but as I understand, it needs 50 votes + 1 (the Vice President). The problem is that the filibuster allows a minority of Senators to prevent the bill from receiving a vote. I believe the Democrats could change the rules to eliminate the filibuster, but I do not know whether they will or whether enough Senators will agree to change that rule. But if so, I think the bill could pass with only Democratic support. Politically, at least in my opinion, it is important for the country to have a bipartisan bill. Maybe I am naïve, but I think that would be less divisive. Take care, Jason
3/5
I dont think Biden needs congress to fix the backlog. One way to do it’s to get rid of the interview process for people who been waiting for more than a year. All I need is a legal status and the ability to live freely without fear.
I think that could not be done without a bill, but certainly changes could be made so that the interview is more efficient, thus allowing more people to be interviewed. At least now, it seems we have an Administration that wants the system to operate, as opposed to one that use every bureaucratic trick to sabotage the system. That alone will help. Take care, Jason
Thank you for doing this.
Jason,
Thanks for the note. As you said I am thankful and hoping better with the proposed bill. But, I am not sure the issue of family reunification is also mean the one with the i730 petition too. These days the worst of immigration delay is that of i730 cases which really is inhuman. And how about all the other immigration backlogs in the entire service centers beside the one in immigration court?
Thanks
Sambod
The bill does not provide much info there, though it does talk about the Immigration Court backlog. A bill is not needed to resolve the backlog. USCIS can change some internal procedures, raise fees (if needed), and take other actions to move cases faster. Money from Congress could help, of course, but I think getting better people at the agency and implementing better policies can help too. Take care, Jason
Do you know we are going to know ???
Presumably at some point soon (or relatively soon), they will release the text of the bill. But they have not given a time frame. Take care, Jason
What is this bill mean to people who got married to a US citizen while their asylum case is pending(never been interviewed yet). Will this bill rapid up their green card process through marriage to a US citizen?
Thanks
The proposal would have no effect on cases like that. If that is your situation, you may be able to get your GC based on the marriage, assuming you are eligible. I wrote about that on August 6, 2018. Take care, Jason
Thank You Jason. I just read the article. Very detailed and articulated. How can I let you be my lawyer for this reason. where can I find your information. I would like to discuss it & make you my lawyer.
Thanks
Thank you – you can email me at jdzubow@dzubowlaw.com. Take care, Jason
I find it fishy that asylum seekers can always somehow “find” a U.S. citizen to marry…Don’t you ? Cuz, as far as I know, it’s not even a shoo-in for average Americans to get into marriage. How is it possible for some people from an inferior background to do better in this regard ?
For one thing, asylum seekers are usually very good looking, so it makes it easier. Also, at least among my clients, a good number of asylum seekers are in the 20s and 30s, which is prime time to get married. Since these people are waiting around for years, some do get married. Of my clients, I would get that less than 5% resolve their case by marrying a US citizen, so at least among the people I see, I don’t think it is suspicious. Take care, Jason
I’ve been here since 2018 and trust me, being on the hookup apps, I easily could find a guy to settle down with and get married and likely would have had that green card already. I’ve had so many guys compliment me how beautiful I am. But I’m not that desperate. There was even a guy who wanted to start a serious relationship with me after just one night, had plans to even find an apartment and move in together.
Your theory about good looking is very true. Another guy who I provided advice and letter of support for his asylum case; I remember when I first saw him, he really caught my eye. When we became friends and started talking about dating, he showed me a list of the amount of guys he had to pick, choose and refuse from.
I left my country because of my sexuality and a big part part of that was, ‘how come a good looking guy like is not married with kids?’
My feeling that marrying for a GC when you have a good asylum case is not worth it, unless you really want to get married. In an asylum case, you are in control, but when you marry for a GC, the spouse is in control and I have seen many examples of how that is a problem. That said, given the mess with our immigration system, I understand why people do that. Take care, Jason
Asylum seeker,
What do you mean by people from inferior background?