Last week, President Biden issued several Executive Orders (EOs) related to immigration. Here, we’ll review the new EOs and discuss how they might affect asylum seekers.
Before we get to that, let’s answer a basic question: What is an Executive Order? Under the Constitution and our nation’s laws, the President has the authority to issue EOs directing the various Executive Branch agencies to take certain actions. These EOs cannot change the law–and if they go beyond the President’s authority within the law, they can be blocked by a federal court (as happened to many Trump-era EOs). In an area such as immigration, the law gives the President a fair amount of leeway, and so EOs can have a big impact. Even so, there are limits. For example, while an EO can direct an agency to make the naturalization process faster, it cannot direct the government to grant Green Cards to Dreamers. The former action is within the President’s legal authority; the latter is not, and would require a new law (passed by Congress and signed by the President).
Relying on his authority, President Biden has issued a series of EOs affecting immigration. Each of these will be discussed below, with a focus on how they impact asylum seekers, and with some editorializing by me–
- Reunification of Families: During the Trump Administration, hundreds of children were separated from their families at the U.S.-Mexico border. This was a deliberate tactic to deter migration, and was done with little or no regard for how families would eventually be reunited. As a result, many of those children are still separated from their family members. President Biden is forming a task force to help reunite families and to make recommendations about trauma and mental health assistance for those affected by this practice.
- Root Causes: There are several elements to President Biden’s border EO. For one, it seeks to address “root causes” of migration from the Northern Triangle (El Salvador, Honduras, and Guatemala), such as corruption, human rights abuses, gender-based violence, crime, and poverty. This EO also seeks to establish partnerships with other countries in the region to accept some asylum seekers and help migrants return home where possible. While I think we should be assisting other countries in the region, it’s difficult to believe that anything we do will have an impact on migration in the immediate future. The problems in Central America (and many other places) won’t being going away anytime soon, and so people from those countries will continue to be “pushed” to emigrate.
- Asylum at at the Border: President Biden has ordered a review of policies that make certain people with communicable diseases inadmissible and a review of the Migrant Protection Protocols, which require people to wait in Mexico for their asylum hearing. For many immigration advocates, these “reviews” are not adequate – they want action. As for me, I understand the Administration’s concern about potential consequences if these programs end abruptly, and it makes sense that there should be an orderly transition to whatever comes next. But I don’t see any easy path forward and I am not sure how the Biden Administration can handle this crisis without either opening the door to everyone (and suffering the political consequences) or continuing some version of the inhumane policies of prior Administrations (Trump and Obama).
- The new Administration is also moving to end bilateral “asylum sharing” agreements with several Northern Triangle countries. Under these agreements, asylum seekers were shipped (against their will) from the U.S. border to a Central American country where they could request asylum. As far as I know, all such asylum claims have been denied, and in any case, the countries where these people were being sent are not safe.
- The EO also calls for a review of the Expedited Removal Process. Under this process, the government can quickly remove non-citizens from the U.S. The Trump Administration greatly expanded the government’s ability to remove people, and worked hard to deny them due process of law. Presumably, the Biden Administration will be rolling back these changes.
- Particular Social Group: To win asylum, you must show that you face persecution on account of a protected ground, such as race, religion, nationality, political opinion or particular social group (PSG). The Trump Administration tried to exclude victims of domestic and gang violence from the definition of PSG. The intent was to prevent such people from winning asylum in the U.S. Now, the Biden Administration plans to review those changed and potentially bring our definition of PSG in line with “international standards.” If that happens, it will become easier to win asylum based on domestic violence and gang-based persecution.
- Comprehensive Review of Immigration Law and Policy: The Biden Administration is initiating a government-wide review of various immigration policies, with the aim of identifying barriers to immigration and integration. This review includes looking at fee structures (which were dramatically increased by President Trump, though those increases have mostly been blocked by federal courts) and the public charge rule, which imposes unreasonable and nonsensical burdens requiring immigrants to prove that they can support themselves in the U.S.
- Promote Naturalization: The EO also reviews the naturalization process, with an eye towards making it faster, easier, and less expensive.
We can expect resistance to these EOs–potentially from both pro- and anti-immigration advocates. We’ve already seen a lawsuit from the anti-immigrant Attorney General of Texas to block President Biden’s 100-day deportation moratorium, and I imagine we will see more such cases brought by those who favor restrictive immigration policies.
On the other hand, some immigration advocates are unhappy that the Biden Administration is not moving faster. I do not agree. While I think speedy action is important, I think it is more important to get things right. I characterized the Trump Administration’s approach to immigration as “maliciousness tempered by incompetence,” and the fact is, had they been more competent, they would have done even more damage. We don’t now need “benevolence tempered by incompetence.” The Biden Administration needs to spend some time to make changes in a proper way–not just legally, but politically. The various EOs impose time frames, usually in the range of 180 days, and while this seems a bit on the long side, it is not wholly unreasonable given all that needs to be done. In my opinion, we immigrant advocates need to work with the Biden Administration to push for the changes we need, but we also need to exercise some patience and give the new Administration some breathing room to get things done right.
Hi- I have a pending I-485 application from January 2020 (my case was asylum)- I understand it was COVID and the USCIS is behind.
I lost my dad in November 2020 without seeing him for almost 7 years. Due to my condition, I need to visit the rest of my family in a third country. I can’t bear it if I loose my mother without seeing her. Is there anyway I can request an expedite on my application?
You can try – I wrote about that on January 28, 2020. Also, you can get a Refugee Travel Document (form I-131, available at http://www.uscis.gov) and use that to travel and return to the US. Take care, Jason
Thank you Jason- 1- Do I need to work with a lawyer to process an expedition request? If yes, can I work with you? If no, how I can request it? any form?
2- My family doctor and therapist can provide a letter indicating about my anxiety and the medicine I am taking. Does it helpful or it may jeopardize the process?
1 – You can do that yourself – I wrote about it on March 30, 2017. We can also do that, though only if we are hired for the full case. You should know that it is very difficult to expedite a case now, as things are extra slow due to Covid. 2 – It could help, but it needs to explain why expediting the asylum case will help improve your health. Take care, Jason
Hello Jason,
I have approved asylum and.the GC is pending. Aplying.for RTD these days. There is one question about class of admission. Is this the class of admission when I arrovrd to the US? Like B1 or F1 ? Also planning to travel around next December. Any tips when filling the form? I know it only lasts for 1 year.
Thanks
We usually put the type of status the person had when they last entered the US. In terms of time frame, I would file maybe 7 or 8 months before you want to leave. Of course, it also depends on when you plan to return, as the RTD has to be valid until after you come back. The one-year time frame is a real problem – I plan to post something about that later today, and I am hoping it is something the Biden Administration will change. Take care, Jason
Yes, Jason, that would make many of us lives a lot easier. We need to start lobby for a validity change on the RTD. Please let us know how we can help.
It’s outrageous that you have to wait 7-9 months for a document that is only valid for 1 year! And, they can’t use asylees’ eligibility for adjustment of status to LPR as an excuse as even these applications are literally talking years to process. Between waiting for a year before you are eligible to apply for LPR and having to wait years for your GC approval, it would be a good idea to give asylees a 10-year RTD. Furthermore, if you are eligible to use the RTD even after your adjustment of status, what’s the big deal if the document is valid for at least 5 years? It’s not like you move from LPR to naturalized citizen in 1 year or weeks! If this doesn’t make sense to them, then they are willfully restricting asylees’ ability to travel, and they are also forcing asylees/LPRs to spend unnecessarily.
I have no idea who ever decided that the RTD should be 1 year – Maybe if it was more expensive, that would make sense as a money-maker for USCIS, but that is not even the reason. My guess is that the person who did that had no idea what he/she was doing. Anyway, it is a low priority, but I do think it is something advocates should not forget about, as it would make people’s lives easier and (as you note) bring us into compliance with international law and the rights of refugees. Take care, Jason
Jamie, AA, and Jason,
I agree with all of you, I think that the 1-year validity of RTD is so unfair and even infringing international law that gives people the right to mobility. I was reading the response of one judge one day defending the 1-year validity saying that ” since the grant of asylum is for one year followed by AOS application, the RTD should not be longer than the benefit itself that it is resulting from it!” What the hell is this? even if you are a green card holder based on asylum you need to use RTD to travel. Countries that respect human rights issues travel documents with validity periods that make sense ( Sweden, 3 years. New Zeeland and the UK: 5 years.. etc). We should fight for that right. If you agree with me, let’s connect together and create a working group that will advocate for this with petitions, calls, letters, and everything. Please let me know.
I agree – I will be coordinating my efforts with a non-profit in DC, and if there are opportunities for others to be involved in that, I will try to post about it here. Take care, Jason
Awesome! Thanks
RTD Advocate, thank you for your response! I also agree that it violates local and international laws as it severely restricts movement/travel.
I think winning a case depends almost entirely on how a case is presented or argued. In the case you referenced, I don’t know if it was presented from a practical standpoint. It was probably argued theoretically- how the INA and various manuals outline the pathway from asylum approval to the N-400 approval. To put it differently, the case may have assumed a linear, trouble-free and uncomplicated pathway (not caused by the applicant, by the way) to citizenship from asylum approval: asylum application approved and decision mailed/picked up in under 1 year>GC in hand after 1 year>naturalization ceremony in four years. Even if that were true, the argument that asylees are eligible to adjust in 1 year- which is theoretically correct but does not normally happen in practice- is flawed and have no bearing on whether the RTD’s validity should be extended. In fact, it embarrassingly shows a limited understanding of asylee status and GC status based on asylum. The judge erroneously concluded that adjusted asylees don’t need or use RTDs and therefore there is no need to extend the RTD’s validity! Was he therefore saying that LPRs who adjusted based on asylee status are free to use their COP’s passport? If not, what should the GC holder use before his N-400 application (which can take upwards of 6 years after an I-485 approval) is approved?
It is pretty common for decisionmakers to not know much about the subjects they are deciding on. I do expect this Administration will be better than the last, but the RTD problem has been ongoing since at least 2005, when the US government itself considered changing the validity period to 10 years. Things do not move quickly, but I do hope this will be one of many issue to be revisited in the coming months. Take care, Jason
Jason, thanks. I truly hope so
Hey Jason,
I am an Asylee and I sent my application last year Nov 2020 to Dallas Lockbox and i got the receipt notice on the 4th of Feb 2021 and my case was sent to National Benefit Center. So my question is will my application going to be processed there or sent to another service center as I know Asylee applying for Greencard don’t need to be scheduled for an interview so I doubt it would be sent to the field office ( I live in Atlanta ). Thanks for all your help, comments here helped me apply for my asylum, short list and got approved within a week.
USCIS moves cases around depending on their work load, and so I do not know what office will process your case. Such cases have been moving slowly, and waits of a year or 2 are possible. It is probable that you will not be interviewed for the GC, but some people are interviewed. You will have to wait and see. Take care, Jason
Hello Jason,
I am writing this because of screaming for help!
I arrived to USA almost 6 years ago following my husband who applied for political asylum. We were waiting all this time just for receiving the invitation for interview (still does not receive). Also, during this period my parents were trying to receive tourist visa for opportunity to see me and our kids. My parents were denied in Visa 4 times!!! The consuls of embassy told them they will see me when I will receive no even green card-passport! It means-Never!!! Both of my parents almost 70 years old. I lost last hope when the interview system was changed to LIFO! I understand this issue have not only me, I believe thousands of us. I do not ask to give me the passport or green card, I just asking-bagging to give me and to the other people with the same cases the opportunity to travel outside USA. The situation like this worse than to be in the jail where people can have a visitors. I am a human and I have feelings and my heart bleeds every time when I see the eyes of my aging parents by phone asking if they will see me and their grandkids in this life…… Please, give me advice where to ask or from whom for help? It there any chance to ask President/Government/Consul to issue some documents for giving us opportunity to travel outside USA. I mean for the people who are waiting for political asylum interview years.. Maybe it will work if people like me will prepare and sign petitions to regulators of this country? Probably we can ask for help in media. I just destroyed and looking for any advice and opportunity to be heard by Regulators of USA. Thank you.
Maya, I am also waiting for more than 6 years. I am unable to meet my mother, now she lost hope, we just talk over the phone, I hope some miracle happens and someone listens to our stories and does something about it.
Thanks
Most of us are going through same tough journey. May god help all of us.
One temporary solution could be applying for an advance parole. If your get the advance parole, you can ask your parents to travel to a third country where you can travel to meet them. Traveling to your own country with an advance parole will invalid your asylum case and you will not be allowed to return to the States.
Hello:
We tried to apply for Advance Parole couple years ago. We called to USCIS customer service for some details and they replied, that we can try to get Advance Parole, but we are not eligible for travel passports. They explained with our “non-status”-“pending for political asylum interview” this option is not available. Our original passports are expired long time ago. Maybe we received wrong information. Thank you so much for your advice.
Hi Maya,
You can apply for a “travel passport” as you called it or a “refugee travel document” only when your asylum case is approved. While your asylum case is pending, you can apply for a document to travel called “advance parole”. You can use the same form I-131 and chose the option of advance parole instead of refugee travel document. If they approve it, you can use it to travel to a third country while and return it while your case is pending. Thank you.
If it is possible, you can renew your passports and use those to travel with AP. Otherwise, you cannot travel with AP. Of course, using a home country passport can be an issue in an asylum case, and so you should be prepared to explain how you got the passport and why you used it. Another problem with AP is that it is expensive – you have to pay for each person, and so can be a lot for a family. Take care, Jason
Hi Maya,
Sorry to hear that you have been going through all this but you should know that you are not on your own. I was interviewed almost 5 years ago but USCIS never issued a decision and have not seen some of my kids in years. On top of that, I applied for EAD but never received even a receipt. I may lose my job, not be able to drive and my future looks even darker. I too see myself in a jail because being stuck in one place for many many years has been destroying my life . Let just keep courage
@desperate
You have not received decision in 5 years?
Did you try FOIA?
What is the reason you do not have a decision yet?
Hello Tina,
I have no idea why it has been taking that long. It will have been 5 years soon since I was interviewed. I hate my own life because of the situation I find myself in. My lawyer is against any lawsuit. I have unsuccessfully tried all the avenues , crying………..
Not all lawyers do mandamus cases (I currently don’t), and so maybe you need to talk to another lawyer. Take care, Jason
@desperate,
I am so sorry.
Thank you Tina. It is very sad but we have no power
Receipts for EADs filed in the last several months have been delayed – you can follow the link under Resources called USCIS Ombudsman and learn more about that. Hopefully, that will arrive soon. In terms of your case, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
There are two things you can try to do. First, you can try to expedite the asylum case – I wrote about that on March 30, 2017. Second, you can apply for Advance Parole, which would give you and your family permission to travel and then return to the US. I wrote about that on September 11, 2017. Otherwise, you can talk to your Congress person or try to lobby for better rules. There will be an effort in that direction by advocates, but whether that will succeed, I do not know. It is good to try, but you should also try to take action in your own case. Take care, Jason
Maya,
I think you can try for advance parole, my wife applied around two years ago and she got it, you can also get it, but I am not sure whether or not you can travel without passport to another country.
You do need a passport to travel with AP – basically, AP is like a US visa. It allows you to enter the United States, but it cannot be used instead of a passport. Take care, Jason
Dear Jason and other fellows
Does anyone here know how does USCIS knows about unauthorized employment exactly? Like how do they discover that? I even read that USCIS and IRS do not communicate information directly unless the USCIS requests it officially.
Thank you all
I think usually they learn about it when the person tells them. Often this happens inadvertently, or later when the person files another form (I-485 or N-400, for example). They may be able to find out through a background check, but I am not sure. I do know that they often know more than you think they know, and that it is better to assume that they know everything and act accordingly. Take care, Jason
Biden, Hill Democrats plan to unveil immigration reform bill this week
https://www.nbcnews.com/politics/immigration/biden-hill-democrats-plan-unveil-immigration-reform-bill-week-n1257960
Hi Jason!
I wanted to ask you about the impact of tax return on your immigration ? I’m filing my I-485 but I found out that I made a lot of mistakes for my tax return ( I have filed for 2019 but at the same time got my stimulus through non filers platform) . I wonder if that will jeopardize my immigration/ adjustment of status?????
Thank you !
It is very unlikely to cause problems for your immigration case, but I suppose if the problems are big enough, it could – especially if you are accused of lying or illegally avoiding taxes. The best thing is to have a tax professional help you resolve the issues and have evidence of that if USCIS ever needs it. Take care, Jason
Hi Jason, I have called texas service center and told them give me useful solution not just robot answers regarding of my advance parole document which was granted in January 4th 2021 and till now the actual AP paper is still not printed. They said if you need to travel in few days I can make you a info pass appointment and they will stamp on your passport for rentery purpose. That was new to me I just wanted to ask you if you know about that way and is it good option to use, let me know about your thoughts.
Thank you very much in advance!
If you can do that, it should work. It has become extremely difficult to get such an appointment (it used to be easy). If you can do that, I recommend it. Take care, Jason
Hi Jason,
Is there a way for Asylum Seeker waiting for interview to get Travel Document not Advance Parole? I am asking this because my passport has expired and I cannot renew it.
Thanks
I know of no way to do that and I think it is not possible, at least not from the US government. There are some organizations that issue “world passports” and they claim that sometimes such documents are accepted by governments. I looked into it once. I think the place I checked (which I don’t remember the name) had a good intention, but I would not put a lot of faith in such a document. Maybe your better hope is to try to expedite the asylum case – it is very difficult, but you can try. I wrote about that on March 30, 2017. Take care, Jason
To give an update on EAD renewals.
I sent my documents in November 2020 (EAD renewal, (a)(5) category, Texas center).
The check was cashed only this past Thursday and I received a text message with a confirmation message only today (02/14 — think of it as Valentine’s day present).
Hi NM,
Thank you for the update. I sent my application end of November at TSC as well. Hopefully I get a receipt soon.
Thank you – that is crazy slow. Take care, Jason
Hi Jason. I am Asylee. i applied for my GC after one year from granted date in August 2019.Given finger prints in Feb 2020. 19 Months have passed but no updates. My Question are: 1. How much more USCIS will take time for Approval? 32. I ticket yes one for arrest in form. Because i was arrested and sentenced for one year in my Country on political Basis. Will it effect my case?
1 – You can check processing times at http://www.uscis.gov, but we are seeing GCs based on asylum take 1, 2 or more years. If you are outside the processing time, you can make an inquiry with the USCIS Ombudsman (a link is under Resources). 2 – Presumably, you discussed this arrest in your asylum case, and so it probably should not be ab issue for the GC. On the other hand, it may be contributing to the delay. Unfortunately, it is difficult to know. Take care, Jason
Dear Jason. I really want you to share with us your experience, or whether you have witnessed asylees having their GC applications denied. Is it rare or does it have genuine chances to occur? What are your insights regarding this?
I am asking about this because I am afraid that USCIS might deny my case saying that your country is safe now
This is something that has crossed my mind while I was waiting for a progress update on my GC application. I felt like under the Trump administration, they were looking really to find some reason, any reason to fault these applications, whether its an error on the application or country conditions.
When you look at the complexity of the GC form itself, it’s booby-trapped for you to make mistakes. I made sure to inform my lawyer, I did work prior to receiving my EAD. You have to be totally honest during this process since USCIS is looking for any way possible for you to fail. If it doesn’t happen now, 5 years later they will do try to do it when it comes to citizenship.
My CoP tries to project an image of it being tolerant and things are moving forward, but the reality is, it’s not. If you read the comments on social media regarding LGBTQ+ news stories, it’s always negative and extremely harsh. If the citizens who write this level of homophobic drivel don’t realize there are people monitoring these things, they are sadly mistaken. I also think the local LGBT organization is just a big old government front. I couldn’t even get much help from them when I was there.
That’s why you have to get a professional lawyer when you make it to a safe country because asylum is a process you have to try to get right from the start.
Do you mind telling me which country you are from ?
I have never seen an example where a case was denied because USCIS determined that the country was safe. I suppose it is possible, but my guess is that it is very rare. Maybe you want to consult with a lawyer about the specifics of the situation in order to decide whether there is any risk of this, but my guess is that if there is a risk, it is quite small. Take care, Jason
Hi Mr.Jason
I am applying for I-485 and there is a section to put all the dates of arrests, I honestly do not remember exactly all the dates that I have put on my I-589. Same for the memberships and exact addresses for the past five years.
Would a contradiction in dates/addresses, even a slight one, get my adjustment denied?
Thank you!!
@Hobo,
You did not keep a copy of your form I-589 for yourself?
If you used an attorney for your asylum application, s/he may be able to help with a copy of your form I589.
@Tina
My lawyer is actually working on the case. But I am so disappointed in him. He never answers any email and then assigned his assistant ( not a law graduate or even paralegal but an intern) to work on my case. She said that they have copies of my I589, however, she started emailing me with several questions about my dates of arrests and memberships, which is really disappointing and have created a whole distrust in that attorney just four days before my submission date.
Oh wow!
I guess I should have read this before my last comment. Anyway, you should request a copy of your file from the lawyer and then you can double check the dates yourself. It is important to be consistent, and if you are not, it could create problems. These problems usually show up at the naturalization stage, as USCIS does not seem to review the case to closely at the GC stage, so if you want to avoid problems in the future, make sure the I-485 is correct now. Also, your lawyer is required to give you a copy of your file, so you should insist on that and on reviewing the case before it is mailed. Take care, Jason
I was in same situation, case transferred to court and wasted many years.
Would suggest to find another attorney as soon as possible if you are not satisfied. You can consult other attorneys while previous attorney working on your case. Call New York bar association don’t tell you want to move your case from another attorney just ask their consult.
My criteria’s for dishonest attorney.
1. If they say their approval percentage is above 90% run from them, they are lying.
2. If they ask you whole fees in advance.
3. If attorney never reply your email in 24 hours
4. They ask you more money
5. Find reviews on avvo, google and other forums. Read every review, most of the reviews given by their own employees.
Don’t take risk and care for money if you have already given. Because of laziness and shady work your case will be pending extra 5 years or more in court.. hope this will help.
Good point – lawyers are required to keep the file for a certain period of time (in DC, I think it is 5 years), so if you used a lawyer, maybe that person has a copy – this would be faster than a FOIA. Take care, Jason
A contradiction can be a problem if it is large. If it is small, it normally would not be a problem. That said, it is better for you to get a copy of your asylum case, so that you have all the info you need and can make your forms consistent. You can request that if you follow the link under Resources called FOIA USCIS. Take care, Jason
Hi Jason,
I applied I-589 2015 an finally had an interview last year February 2020 I became asylee. My question is I am about to apply for my I-485 GC application this month after 1 year presence in US. But I had been in U.S since 2015 with my EAD waited for my interview. When I prepare my application as evidence of my physical presence in the US. Should I put just last one year documents (bank’s statements, bills ) or I should put since 5 years paid my taxes, bills and everything?
Another question is I moved to Buffalo from Nyc 1 month ago I filed online Form AR-11 & printed, sent it to USCIS. However I haven’t get any notice from them and their phones are not answering at all. How I can be sure that they updated my new address? The reason I am asking because of I will send my I-485 form from my new address and I am not sure if they updated my new address ?
Thank you for everything
May God bless you
You just need to show one year of physical presence from the time asylum was approved until the day you file for the GC. We normally do not submit any evidence about that, unless there is some question about that issue, but certainly, there is no problem in submitting such evidence. You can also file the AR-11 online (at http://www.uscis.gov) and if you do that, you will receive a confirmation immediately. If you mail it, they normally do not send confirmation (I am not 100% sure, as we always do it online, and I do not remember if there was a confirmation for mailed AR-11 forms – I think not). In any event, you have proof that you mailed it, so you will be fine. You can put your current address on the I-485 and that will be fine. Take care, Jason
hi LEYLA if you don’t mind did you expedite or were on the short-list? i have been waiting for for my interview in NYC since 2015 too
I was in NYC since 2015 Queens, then I moved to upper west side NY in 2019. I didn’t even know Newark office is handling upper west side NY cases. Probably they consider it part of NJ. However I changed my address when I moved to my new apartment then they moved my case to Newark asylum office. My friend told me that they are faster then NYC. I went to the Newark office by myself and expedited 2-3 times before the pandemic. They have papers to file in the office and I gave it to the officer . So I listened what Jason told me to do. Didn’t give up! I kept going there and expedited my case with my letter. Good luck!
thank you so much LEYLA it was really helpful, but i called Bethpage and go there but they told me it will be a waste time to come there because of COVID-19. i guess i will have to keep calling them all the time
Hi Jason what options do I have to ask for my i131 AP document? I got approval letter and it’s about 40 days I never receive any other update since than. Can you help me with some useful advice.
Thank you very much in advance!
For AP, all they send is a letter with your photo on it and the validity dates. If that is what they sent you, there is nothing more. If not, you can try to contact USCIS through the contact page on their website, or at 800-375-5283. Maybe if you can reach someone, they can assist. Take care, Jason
Hi Jason, I tried calling to USCIS many times they said you have to wait. I need actual AP paper and what I received is approval. I have to travel in few days and don’t know what to do?
I am not sure what else to do – Maybe try your Congress person? You can also try the USCIS Ombudsman (a link is under Resources). But neither of these is fast. I guess you could just leave and hope that the AP arrives, so you can use that to return to the US, but if it never arrives, then you won’t be able to come back, so that is a real risk. Good luck, Jason
Dear Jason . I am beyond scared and worried . I mailed my i485 with Medicals about 4 weeks ago . No receipt no response from the lockbox . I’m extremely worried about medicals expiring . Will they look at the date the mail arrived to validate the exams for two years or when they cash the check and send it for processing ? It is taking a lifetime for these people to even scan documents for Christ sakes . Sometimes I wonder if Biden could dissolve this agency and start a brand new one . They’re a Disgrace and that is too kind of a word for them … ruthless
LORETTA, I emailed my I-131 on october 2020 and just recieved a receipt these days. I filed with Texas Lockbox. It took them 3 months to send me a reciept. However, they made my priority date as of October to make up the late reciept. It seems that Trump DHS blocked everything for months for no valid reason just to cause massive delays in the immigration system to slow down Biden from any progress and to show Biden to the public as a weak Liar with empty promises. Hope this helps!
I agree with your assessment, but I think you should not worry too much. Many people are seeing similar delays (and much longer) and USCIS is aware of the problem. I expect that they will give you a received date based on the day it was actually received, and if so, you should be fine. Even in the worst case, if you have to re-do the medical, it should be less expensive since the doctor already did it once. I doubt you will have to re-do it, though. Take care, Jason
I believe former AG Jeff Sessions’s Matter of AB- decision was decided correctly.
The media buzz and politicians really misled the public by characterizing the decision as preventing victims of domestic violence from getting asylum.
That is NOT TRUE.
Nowhere in the decision does the AG ban victims of domestic violence from getting asylum. Instead, the core legal argument is very sound : the fact that the government fails to provide complete protection to women subject to domestic violence ALONE does not warrant asylum grant based on PSG.
There are maybe hundreds of thousands of women all across the world, many in the most developed countries, including the United States, that are victims of domestic violence, even though they reported to the government. Are all those women automatically can claim asylum?
Even from an international perspective, including UNHCR’s guideline, every single country has a very narrowly defined scope for definition of PSG very similar to what have outlined in Matter of AB.
The bar for asylum, unfortunately, is very high.It does not follow from a legal stand point, that the bar should be lowered simply because a certain group of people, such as victims of domestic violence, have more empathy from our society.
Instead, as the former AG correctly pointed out, these victims are subject to the same case-by-case examinations of their personal and country situations to determine whether they belong to a PSG. For example, if a person came from a country where the government is not taking any actions at all to protect domestic violence victims and a particular sex (for example, females) is subject to wide-spread abuse, in that case the decision does not prevent at all this person be granted asylum.
This is the issue that needs to be decided by the new Administration – and really, all of us: Who do we want to protect? Asylum was basically created by white men to protect white men. Do we want to protect women from the types of violence they typically face? Will that “open the floodgates”? A sustainable immigration system needs to deal with those questions. In terms of AG Sessions, I will not defend him here – I think he was dishonest about many things (including the danger faced by women from Central America, and the ability of government there to protect crime victims) and his policies harmed many people. Nevertheless, we need some consensus on who is protected under the PSG category, and ideally, this would be decided by Congress (i.e., the people) and not change every time we have a new President. Take care, Jason
VVN, your support for the overruling of Matter of A-R-C-G-, 26 is indicative of a limited understanding of asylum law, the term particular social group (“PSG”), the actual ruling, or objective, of Matter of A-B-, 27, and who is categorized as a refugee. Further, your attempt at analogizing the societal response to domestic violence in Central America to “developed countries” and the U.S., shows a lack of interest in trying to stay au courant with world affairs.
Matter of A-B- is not only rife with confusion, contradictions, harmful legal rhetoric in the decision, but also clearly an attempt to rewrite asylum law, and, therefore, like all the other anti-immigrant policies and executive orders- like setting the annual refugee limit to 5000, for example- over the last four years, was intended to significantly decrease the number of people who can qualify for asylum. For instance, Sessions, like you, failed to recognize the social norms- in countries like Pakistan, El Salvador and Venezuela- that prevent a woman from severing legal or social ties with a husband, and how widespread the persecution or violence is. As well, Sessions failed to take into consideration the reasonableness and safety involved in the applicant’s (in)ability to internally relocate, or if the applicant’s government is willing OR able to protect the applicant. Instead, Sessions, who exploited and relied on the poorly defined PSG group, wrongly concluded that certain gang violence and domestic violence in Central America and other parts of the world are as a result of greed and vendetta. To put it differently, Sessions opined that, without giving deference to decades of legal precedents and the INA- is the group in question defined by the society? Is it cognizable? Does the group have social distinction or particularity? Is the persecution widespread? Is there a pattern and practice of persecution against this group? Are there legal remedies available for the persecuted? Is the government willing OR able to protect the persecuted? – if vendetta or greed is involved, the applicant should be found ineligible for asylum. If that is the case, is it reasonable, then, to argue that any asylum applicant, even if the persecution claim is based on religious, ethnic or political persecution, for example, may be at risk because of this “greed and vendetta” test?
Similarly, the former AG erred when he asserted that non-state violence- in this case, domestic violence and gang-related violence- is not a form of human rights violation, nor is it different from any other violence in the society. Obvious ignorance to cultural and economic disparities aside- that is, how gang violence and domestic violence are culturally, economically, politically, and judicially treated in the U.S. vis-à-vis Central America or Pakistan, for example- does the AG even know what human rights violations are?
Additionally, Matter of A-B-, as part of its “zero tolerance” policy (euphemism for xenophobic policy), sought to redefine-or proffer a pseudo definition- the phrase “unwilling and unable”, “despite well-established Supreme Court of the U.S. (“SCOTUS”) precedent and related caselaw interpreting “unable and unwilling…” (ILRC.ORG) The former AG contended that, “although the decision employs and cites the “unable or unwilling standard,” government inaction alone is insufficient to satisfy this element” (ILRC.ORG). This clearly flies in the face of the ruling by the SCOTUS, the local caselaw, and international interpretation of the “unable and unable” standard. Moreover, relying on the AG’s assertion that government inaction alone is insufficient seemingly creates a separate standard for applicants in the PSG category versus those in other categories for the purpose of asylum/refugee eligibility.
For the foregoing reasons, I cannot agree that the AG intended for all PSG asylum claims to be analyzed on a case-by-case basis. When the AG said that “the applicant must show that the government condoned the private actions ‘or at least demonstrated a COMPLETE helplessness to protect the victims’”, he strategically intended to disqualify gang-related and domestic violence persecution from the PSG category. If he had requested that every single asylum applicant- even though I do not know if this “new” “unable and unwilling” standard has any impact on applicants who are in the more “straightforward” or sufficiently defined categories-should demonstrate such nearly impossible standard. Unless, of course, the AG intended to only grant asylum to applicants who are/will be/were CLEARY persecuted by their government.
Furthermore, when an AG asserts that violence committed by non-state actors will not establish the basis for asylum, refugee status, or a credible or reasonable fear of persecution, I believe that ALL asylum applicants, especially those who are seeking asylum at a port of entry or at the border, should be extremely concerned.
Matter of A-B-, to me, is an assault on asylum applicants’ due process, a xenophobic reaction to a humanitarian issue/crisis, and the disembowelment of local and international asylum/refugee laws. The ruling, on its face, is patently absurd.
Thank you Jason for sharing this , is there any change or details about pending asylum cases here with regard to asylum st the border.
I am not sure what the question is – we still do not know how resources will be distributed, but it seems that the border is the priority, and so that may keep “regular” affirmative asylum cases moving slowly, at least for a while. We shall see. Take care, Jason
Thank you Jason , that was my question.
Can green holders through asylum parents visit for temporary? When parents apply for B1/B2 visa and say they are visiting us will their visa gets rejected because their child got greencard through asylum??
In other words, you have a GC from asylum and you want your parents to visit you? They can, and generally if a child wins asylum, it has little affect on the parent’s ability to get a visa. On the other hand, it could make it more difficult for them to get a visa, and so they would need to show attachment to their country and that they do not plan to violate the B visa (by seeking asylum in the US, for example). It may not be easy to get a visa, but there is no legal bar to them getting a visa based on your asylum claim. Take care, Jason
Hi Jason,
Following up on Orfa question. Is there a possibility the consular officer might tell the parents that their Child applied to asylum during their visa interview is this considered a confidential information?
Thanks,
Sam
I can personally confirm the stupidity of Consular offices as they told my parents about the fact that I am a Green card asylum seeker in the US and they refused their visas just for that reason!
I honestly don’t like the sound of that, since a close family member just said they are planning on renewing their Visa in a couple months. I hope the consular does not divulge this information. It would be stupid to deny my mother a visa since I have no intention for her to live with me. But, if they make that mistake, guess what I’m gonna do, petition for her then and guess what she’s gonna do, petition for my siblings. So, wouldn’t it make damn sense to just give them a Visa?
@Green card asylee: When they told your parents were you in the process of applying for a green card or you already had one ?
Thanks
Green Card Asylee, what they did is a violation of your right and a violation of their own laws. You should sue them. I’d DEFINITELY sue the government if they did that to me. And, I would encourage others to do the same if this happens to them.
I agree with this, but in practical terms, it would not be easy – in terms of proving the case and litigating a long case. There are also questions about whether a federal court would have jurisdiction. And also damages. Maybe an administrative complain to the State Department would at least trigger an investigation of the leak. Take care, Jason
I have seen something similar happen on two occasions, where embassy mentioned that a family member was seeking asylum (I wrote about this on September 4, 2013). It is rare, but not impossible. Take care, Jason
I can here add to this a worse information by saying that the embassy in my country did not tell this information to one of my family members since none applied for a visa, but rather leaked the information to other people until one of my “far” relatives called me and asked if it is true that I am seeking asylum in the US because one of the security agents in talking about it. How messy is that??!!
Such an event is very rare, but I have heard about it before. It is really pretty bad – and illegal. Take care, Jason
Nomad,
I believe my case might have been exposed too, because the day of my interview and the day before, I received messages that I consider ‘ desperate’ attempts to…………,coincidentally from people who had no business communicating with me.
I may be wrong, but I will be surprised if I am wrong.
I wonder how people who cannot keep a secret can successfully perform an ODV without exposing the entire case.
To be honest, if I had a chance at safety in my home country, or an alternative, I would not want to fight to stay here anymore.
Dear Tina,
I am sorry to hear this. I was also honestly shocked when I heard that a security agent at the embassy “leaked” the information, how would security agents get involved in that? it is sad that USCIS promises you confidentiality in writing and then you are even more exposed in your country and lynched on social media ( what happened to me)
They denied my mom b1/b2 visa base on my asylum. I’m on asylum approval.
It seems the practice of the embassies revealing asylum info to family members is more common than I thought. That is a real problem. Take care, Jason
Jason,
I will send you an email with a bit more details on my own issue.
Hi Jason. I gave my Asylum interview in March 2020 in Asylum office Houston and still waiting for Decision. I want to move to California on 2nd day of my Decision announcement. My Questions is: If i move to California after my Decision, and if Decision comes not in my favour and i may reffer to Texas immigration Court. Can i move my case from Texas to California immigration Court?
If the decision is negative and they refer you to court, you can move to a new state and move the court case. However, if you want to move to CA, maybe you should do that now. It is unknown how long you will wait for a decision, and if you lose, it is a pain to transfer the case from one court to the next. If you have already moved at the time of the decision and the decision is bad, you can just start off at the court where you live in CA. Anyway, you can do it either way. Take care, Jason
Good morning,
But is it true that once you move to another state, the case will be transferred to another office? Which means probably another interview. My understanding is if you had an interview it’s important to wait in your place until you get the decision. Am I correct?
Thanks,
If you move and have already had an interview, the case is only moved to another office if you need another interview, which normally, you do not. The original office will still make the decision, so I think if you are concerned about waiting for a decision before you move, you do not have to worry about that. Take care, Jason
Thanks for the quick response.
I have been waiting for the decision for two years ( we are a family of four). I think you may tell me it’s a long time, and you may suggest to file a writ of mandamus. My question is:
1- Is it really long time? Do you think I will get the decision soon? The office said that they sent a request to expedite the process. Do you think it will work?
2- If I file a mandamus, who are we suing? The asylum office or the agencies conduct the checks?
3- what is the percentage of referring the case to the court? As the asylum office will not be able to issue a decision until they receive the results of the checks. And as the judge will compel the asylum office to make a decision in a limited period of time? In another words, can the asylum office refer the case to the court under the pretext that we didn’t get the check results? What do you think?
Thanks in advance,
1 – I have a number of clients who have been waiting 2+ years for a decision. I think such a wait is ridiculous and it never happens this way in Immigration Court. But if your whole family is together, the wait is probably less of a problem than if your family is separated. 2 – The Asylum Office/USCIS. 3 – I posted data about this on February 5, 2020. It is possible if you file a mandamus that the case will be referred to court (maybe due to background checks, or maybe just because they deny the case). You will have to decide whether you want to try that approach. If you have not already done so, an interim approach is to request help from the USCIS Ombudsman (a link is under Resources). They can sometimes help with delayed cases. Take care, Jason
Hi Optimistic,
I am no where near your wait period, but because the AO that interviewed me stated that the AO had made decision and that I would get it in 2 weeks, I have been concerned myself. It’s been 9 weeks for me.
I have been doing a lot of reading and researching on delayed asylum decisions, and my understanding is that apart from the security checks, they sometimes do “Overseas Document Verification” (ODV).
I have no idea how that works, but I think that in some delayed cases, the checks might be broader than typical.
I am not sure how suing will speed that up, but of course this is my 2 cents.
Your question is for Jason, so what he says is what matters.
I wish they would not give an idea about the wait time when they really do not know. I was at an interview yesterday and I asked (because my clients always want me to ask) and the officer gave the proper answer – I don’t know because it depends on other people who I do not control. I have seen a number of times when a two week decision time was changed to many months (especially pre-Covid when they would schedule people for two-week pick ups, and then cancel the pick up and subject the person to a very long wait). Take care, Jason
Hello Jason and friends,
Does anyone have any idea of who ( if any ) we ( asylum seekers ) can contact/email/message regarding LIFO>FIFO reversal / USCIS issues? I’ve already messaged journalists that published articles on immigration on social media platforms. I think it is something worth trying.
I think there will be lobbying effort in this direction, but I have not heard about anything starting yet. I have a feeling that people are waiting for the immigration bill to become public. On the other hand, this seems more like an effort to lobby the Asylum Division itself, which will make the decision, rather than Congress, and so that is also an option. I will try to post something here once I have more information. Take care, Jason
Asylum Seeker, very good question. You can Google asylum organizations and email or call them.
Hi Jason,
My final hearing at court is coming this July. And my EAD is also expiring same month. Can I send my application for EAD renewal? Will they renew it?
Thank you.
You can file to renew up to 180 days prior to the EAD expiration date. USCIS should renew it normally. Even if the case is denied, you can appeal, and you can continue renewing the EAD during the appeal period. Hopefully that won’t happen, but my point is, regardless of the results, you should be able to renew. Take care, Jason
Hello Jason,
I hope you are doing well. I have a quick question.
USCIS sent my approved I-730 case to NVC on January 5th. How long does it typically take for NVC to forward the case to the US Embassy ?
Usually it takes a month or two, but I am not sure if things are slower now. It may also depend on the embassy. There is a link under Resources called I-730 Family Reunification Manual. You might want to take a look at that – it is long, but it has a lot of helpful info. Take care, Jason
Dear Asylee,
Would you please share your I-730 timeline and the center ?
Thanks,
Mariam
Dear Jason,
Are there any potential waivers to unauthorized employment if you make a mistake by not mentioning it in your adjustment application as an asylee? Like what are the option to wave that, or will you have a final denial? Thank you!
If you mention it in the I-485, you will likely not need a waiver. But if you do need a waiver, it is under INA 209(c). That is a very powerful waiver, and it should easily overcome any issue with unauthorized employment. The real danger is if a person does not mention the unauthorized employment when filing the I-485, but then it comes out once the person has a GC (like when he files the N-400). At that point, USCIS would get the person for unauthorized employment and (much worse) lying about the unauthorized employment on the I-485. Also, once you have a GC, you are not eligible for a waiver under INA 209(c), and so the whole situation becomes more of a mess. In the end, it is unlikely that a person would lose status over something like that, but it could happen in theory, and it might very well be a hassle. Take care, Jason
Hello Jason, my asylum case has been pending in Arlington immigration court since 2016 and I was due for an individual hearing this November but when I checked the eoir hotline it said there are no future hearings for this case, please do you have any idea on what that means and does it call for panic, I’m beyond frustrated at this point in my life
It may mean that the case is rescheduled, but normally, they are not rescheduling cases from November. We are seeing cases from March being rescheduled. Maybe next week, call the court to ask the clerk – you can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hello Jason: Thanks for sharing this. It seems this administration at least doing something. The people who are criticizing only may remember 2016 when the Trump administration came and everyone was planning to move to Canada or other countries, infect there were some events when people tried to cross the border because of fear. So many families moved from southern states to the northern states. Now, the relief is on its way, hopefully, we will get some positive results. We had faith when we filed our cases, it is the faith that kept us alive during the nightmare of the last 4 years, hopefully, everything will be okay soon.
I think we will see positive changes. I understand why people are very eager and also suspicious, but I am willing to give the new Administration the benefit of the doubt and I do expect they will be trying to improve things. Take care, Jason