There are different types of benefits available to people seeking asylum and people who have been granted asylum. Here we will discuss certain “benefits” – such as work permits, travel documents, and Green Cards – available to asylum seekers and asylees, and how these benefits can be improved.
Before we get to that, I should mention that there are other types of benefits available to asylees (i.e., people who have been granted asylum). These include cash and medical assistance, help finding a job, and English language classes. These benefits are fairly limited in scope and generally must be claimed shortly after asylum is approved, but they can be quite helpful, and they are certainly worth looking into. If you have been granted asylum, you can learn more about these benefits here.
In this post, I want to talk about benefits that come directly from the federal government, and how those benefits can be improved. Such benefits fall into two broad categories–those available while asylum is pending and those available after asylum is granted. Let’s start with the benefits available to people who have a pending asylum case–
Employment Authorization Document or EAD: The law (INA § 208(d)(2)) imposes a waiting period of 180 days before an asylum seeker is eligible for an EAD. Under the old regulations (which interpret the law), asylum applicants could apply for an EAD 150 days after filing for asylum, on the (optimistic) theory that it would take at least 30 days to process the application and that the EAD would not be issued until 180 days had passed. The Trump Administration changed the waiting period to one year, but that change was partially blocked by a federal court. And so–as long as you jump through certain hoops–it remains possible to apply for an EAD 150 days after filing for asylum. Most observers expect the Biden Administration to return to the old 150-day rule, which it can do by issuing new regulations. But perhaps more can be done.
To reduce the 180-day waiting period requires a change in the law, which requires Congressional action. While this could be included in the comprehensive immigration reform bill, my sense is that such a change is unlikely. The rule was created in order to reduce fraud. The theory being that if we make it too easy/quick to get an EAD, more people will file for asylum solely to get a work permit. I suspect that this is true. Nevertheless, the waiting period has the effect of punishing everyone, and certainly legitimate asylum seekers are suffering because they can’t earn a living while they wait for their case. The problem is compounded by the long waiting time for USCIS to process an EAD application (under the rules, it should take only 30 days, but we are seeing waits of five, six, and seven months–or more). So what can be done?
One easy solution is to allow asylum seekers to start processing the EAD earlier. The regulations used to allow applicants to file for the EAD 30 days before the 180 day waiting period had ended. Why not make it 60 or 90 days? Better yet, why not start the EAD process as soon as someone files for asylum? Under the EAD rules, if a person deliberately delays their case (by missing an appointment, for example), they can become ineligible for an EAD. That rule could still apply, but there is no good reason to force asylum seekers to apply separately for an EAD. The process can start automatically when the person files for asylum.
The Trump Administration made the EAD process more difficult in other ways as well, such as limiting or blocking EADs for people who entered the U.S. illegally, missed the one-year asylum filing deadline or had certain criminal convictions. These limitations should be removed, and we should go back to the pre-Trump EAD process, which at least allowed asylum applicants to obtain permission to work without all the bureaucratic barriers.
Advance Parole: In order to travel and return to the U.S. while an affirmative asylum case is pending, you need Advance Parole (people with a defensive asylum case–in Immigration Court–cannot travel and return, even with AP). The procedure to obtain AP is slow, unpredictable, and expensive. Worse, USCIS can deny an application for AP if the asylum seeker does not provide an adequate “humanitarian” reason for the travel. This is all ridiculous. Given that many asylum cases stretch for years, asylum seekers sometimes need to travel. The process for obtaining AP should be simplified and made more predictable. Also, the definition of “humanitarian” reason should be expanded so that it is much easier to meet this requirement.
Now let’s discuss the benefits available to people who have been granted asylum–
I-730 Process: After an applicant wins asylum, she is eligible to bring her spouse and minor unmarried children to the United States. However, this process–which used to be relatively quick–now takes one or two years, or more. Asylee dependents should receive higher priority from USCIS and the State Department, so they can come to the United States more quickly. This is particularly important since most asylum seekers have already waited years for their case to be adjudicated.
Refugee Travel Document or RTD: After a person receives asylum, he can apply for a Refugee Travel Document, which functions like a passport. Currently, it can take six months or a year to receive the RTD, and it is only valid for one year. There is no reason it should take so long to get an RTD, and no reason to limit the document’s validity to one year. There was a proposal in 2005 to extend the RTD’s validity to 10 years, which makes sense given that asylees need that document until they are eligible for a U.S. passport (at a minimum, five or six years after they receive asylum).
Green Card: Asylees can generally apply for a Green Card one year after asylum is granted. They complete the same form as anyone else seeking a Green Card, and they often have to wait one or two years, or more, to receive the card. Sometimes, they are interviewed for the Green Card; other times, they are not. Why not simplify this process? USCIS can initiate an automatic background check after one year of asylum, and then–assuming nothing adverse comes up–issue the Green Card.
The asylum process is a mess, but there are steps that the U.S. government can take to make aspects of the process easier. I am hopeful that we will see some positive reforms from the Biden Administration in the coming months, but we will also have to keep pushing for the changes that we need.
I haven’t been called for an initial interview since July 2019 (despite LIFO policy) at Bethpage Asylum Office. Now I moved and changed the address to New Jersey (Newark Asylum Office). Does Newark still have a short list after COVID era? I heard that they had but nobody knows what is happening now. Bethpage never had a short list. Any updates about the backlog? 2 years is already a long time but I know people are waiting for a decade to be called in for an interview.
I can’t remember – you can email them and ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi,
I submitted i 485 in march 2020. What is the processing time for greencard based on asylum?
Does change os address whixh is out of state wiuld have effect on processing time?
I think the listed processing time at http://www.uscis.gov is between 1 and 3 years, but we see most cases taking 1.5 to 2 years. I am not sure that your location makes a difference any more, but different offices sometimes have different processing times. Take care, Jason
Ok. I went to website. It shows column” Receipt date for a case inquiry” . Does it show the date when i received the receipt of i485??
It shows 8.5 to 35 month as processing time. And the reciept date xolumn shows may 2018. Does it mean they are processing recipts of may 2018?
If i change address. Move to another state. Would it effect the applicstion?
If they are processing May 2018 cases, it means that if you filed before May 2018, they should be processing your case (or it should already be processed). If your case is 90 days outside the processing time, you can contact USCIS (through http://www.uscis.gov is easiest, but you can also call 800-375-5283) and supposedly they will look into the delay. Take care, Jason
Hi Jason, thank you for being a valuable support. I got approved for my asylum in Feb 2021. I need to wait a year to apply for my GC. My question is, can I invite my mother to visit me to the US while my adjustment of status is pending a year ? I got approved after many years, and I missed her a lot. Thanks for your answer.
She would just apply for a visa normally (probably a B visa). You could give her a letter of invitation, which might help her get a visa, but it might also hurt, since the embassy would deny the visa if they think she will seek asylum too (so I suppose this would depend on your reason for obtaining asylum). You can also get a Refugee Travel Document (form I-131, available at http://www.uscis.gov) and meet her in a third country. Congratulations on the approval. Take care, Jason
I submitted my Asylum application I-589 in Feb. 2015, was interviewed in Chicago May 2017 but till today I got no feedback on my interview. I used the state senator to inquire about my case several times but they only tell us to wait. I am psychologically troubled. What can I do? However, I don’t like telling the Ombudsman to force the immigration to respond bcse I fear this would impact negatively their decision. What can you advise me?
Try the USCIS Ombudsman – there is a link at right. They do not “force” the asylum office to do anything, they just investigate the delay. In truth, they are not so helpful usually, but sometimes they are, and they are free. You can also email the asylum office directly to ask – you can find their email if you follow the link at right called Asylum Office Locator. Finally, if you decide you do want to force the issue, you can try a mandamus lawsuit (and give the almost 4 year wait since the interview, that seems reasonable to me). We wrote about that on October 2, 2018 if you are interested. Take care, Jason
Hello Jason,
My husband and I are both pending affirmative asylum (we have two files cases but same reason). My sister recently got a terrible diagnose and has to undergo a critical surgery, we both want to apply for advance parole so that I can visit her and be with her and I’m not able to travel without my husband. My husband also lost his grandmother in late December and hasn’t gone to the funeral so he wanted to visit her grave and pay respects – will letter of my sister diagnosis and surgery schedule along with a death record/certifucate be helpful for us to obtain advance paroles and is there an expedited processing for such document? Unrelated but we’ve been waiting on a affirmative asylum interview since Feb 2017, it feels like eternity.
You can use those documents to try to expedite, but you should also probably call USCIS (800-375-5283) to try to get the AP issued on an emergency basis. This is not easy, but you can try, and it sounds like you have very valid reasons. In terms of the long wait for the asylum case, many people are in the same situation. You can try to expedite your case – I wrote about that on March 30, 2017. Take care, Jason
Sir, I read your column is very very helpful, I appreciate to suggest good, sir I have questions for my asylum case, July 2018 start my asylum this time to now no interviews or updates but now Mr. President bidan any news for panding asylum case??, one other thing I applied renewal EAD in January last week but now date 15 March no recipes or EAD card so any help for me, thanks
There is no indication that cases are moving much faster under President Biden. At least not yet. If the pandemic ends, things should speed up. As for the EAD receipt, unfortunately, those are very delayed. If you paid by check, and if your check was cashed, you can get a copy from your bank and that should have the USCIS receipt number on the back. Otherwise, you can try to call USCIS at 800-375-5283, but it is very difficult to reach a person. Take care, Jason
Hello Sir please i will like to inquire from you some few concerns
1) I recieved a refugee travel document and will like to travel to go visit family in a neighboring country.How ever i don’t know if i will be allowed back with all these covid 19 restrictions.Do you thinks its a good idea
2)Also i accumulated about 8 months of unlawful presences as an F-1 student before i applied for asylum.Please do you think that will make me inadmissible if i travel with the refugee travel document
Thank you so much for your response and look forward to hearing from you
1 – Check with the airline about Covid travel restrictions, and this website might also help: https://travel.state.gov/content/travel/en/traveladvisories/ea/covid-19-information.html. The problem is, if you are an asylee or refugee and do not yet have a green card, it is unclear whether you are allowed to travel like a green card-holder, if you are subject to more restrictions. Maybe the airline can help with this question. 2 – If you have asylum now, that should have no effect. Take care, Jason
Thanks so much Sir.This was of so much help
Good morning Jason,
I submitted my green card application July 2019, it’s an asylum based green card, I did my finger print February 27th 2020, it’s been 369 days after green card, all the people around me that we submitted around the same time have gotten their green card. I can’t get through to Uscis customer service center, I also heard green card medicals only last for two years and my application will be two years in July. It’s frustrating, is there anything you can recommend ?
If the medical was submitted with the I-485, it will not expire, so you do not need to worry about that. In terms of the case, I think processing times are very variable (you can check at http://www.uscis.gov). We are seeing most cases take 1.5 to 2 years. If you want, you can reach out to the USCIS Ombudsman (a link is under Resources) – they can sometimes help with delayed cases, but I think they will not assist if your case is still within the posted processing time. take care, Jason
one year Validity for RTD is really not fair it should be at-least valid for 2-3 years . and it’s not practical to actually use it to travel since most countries require the travel document to be a valid for 3/6 months . and if you want to renew it you have to actually send the current RTD with your application and wait god knows how long and you have to be physically present in the US . i hope the current admin to do something about it.