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.
Hello everyone,
I have posted this 2 days ago, but no one replied… I will appreciate any advice.
I have a quick question. My case status has been changed to the decision was mailed, and I’ve been checking the immigration court website to make sure my case wasn’t transferred to the court, and it always said “case not found.” Today, when I put my case number in, my name appeared, with no date or anything, but it just says “the case is pending,” but nothing else. Does it mean my decision is a referral? Thank you
Hi Bonnie,
I believe Jason responded to you.
Find his response below:
“Unfortunately, that is probably not a good sign, but still, you have to wait for the paper letter from the Asylum Office to be sure. Hopefully, it will turn out to be a grant. Good luck, Jason”
It look like is bad news , hope is an approval but when status change to fees waived the is an approval but when only shows decision was mailed then is most likely a referral. Please keep us posted.
Hello Jason, I am a Green Card Asylee.
1- Is the new immigration bill will decrease the 5 years wait for naturalization after green card was obtained.
2- Is form I-589 asylum has any question about unauthorized employment in the US (working without EAD)?
3- I didn’t have official work before getting EAD, it was like I help them and they don’t make me pay rent. I answered no in my green card application about unauthorized employment and I already got the green card and I don’t recall being questioned about it in my asylum interview. Should I answer the same thing in my coming naturalization application to avoid any problems or confusion?
Thanks Jason
1 – Someone posted a piece of the bill here that looked to me like it would reduce the wait time for certain people to 3 years (if they were in the US for 3+ years with a work permit prior to obtaining a GC). I reviewed the bill and will post something about that today, but I did not see that section. I was basically looking at how it might affect asylum seekers. 2 – It does not, but I believe the I-485 and N-400 do have such questions, and also questions about whether you gave any false info to the US government (such as lying about prior employment). For that reason, it is best to list all employment, including unauthorized employment, on page 4 of the I-589. 3 – I am not sure, as getting free rent sounds like it would count as a “payment” for tax purposes. I guess it depends on the situation. I think you can make an argument that you were not being paid, and that may be correct. If you do decide to list it, you should explain the inconsistency with the prior form (that you did not understand this was considered employment). I am really not sure, and so you might want to talk to a lawyer to go over the specifics and decide how best to proceed. Take care, Jason
Hello Jason hope you are well, so i was curious to know what is going on with my case after two years since my interview was conducted. so i made an inquiry through my congressman, USCIS responded ”We have checked into your constituent’s case and there are unresolved issues that requires an additional interview before a decision can be rendered” do you have an idea what these unresolved issues might be. After my interview I added my wife onto my case, can this be a reason. Do you also think i can request for an appointment at the asylum office if my Circuit ride location is not interviewing now. Thank you Jason
Hey Benji,
It looks like we are both on the same boat . I was interviewed almost 5 years ago and soon after the interview I added my wife and kids into my application and I think that USCIS would like to interview all my family. Good luck
It could be that they need to interview your wife, especially if they did not do that before, but there is no way to know whether it might be something else too (at least until you go to the interview). Most offices will allow you to attend an interview at the main office if you request that, and it could make things faster. 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 Jason,
I have filed my asylum case about a year and a half ago in Chicago. I was interviewed about one year ago and still, there is no decision on my case. Should I email USCIS to inquire about my case status? As I see there is also an option on the USCIS’s website that I can make an e-Request if my case is waiting outside the normal processing time (https://egov.uscis.gov/casestatus/mycasestatus.do). Which option do you suggest me doing?
I do not think you can make an e-request for an asylum case. I always email them and they are generally responsive (even though the response is usually not helpful). You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello I have been following this thread for a while. I have some concerns wondering if expects here can help me out.
1. I have GC, NP (My National Passport- Still valid) and Refugee Travel Document with me.
2. I want to travel to Australia.
3. My Asylum was based on Certain Group in my country but that tried to harm me but not the government, but claim also says that my country was not able to protect me from them.
I wish to travel to Australia which is not my country of Origin, I have this big question about if i should Use :
a) National Passport + GC and travel? (Convinient as i already have Australian Visa).
b) Refugee Travel Document + GC ? (This way i will have to apply for Australian Visa).
How much into trouble will i get if i use option “a” Above?
Thank you so much.
It is probably better to use your RTD, but it is very unlikely that you would have any issues if you use your passport to travel and your RTD and GC to re-enter the US. Probably the worst case scenario is that you are questioned about use of the passport, which can be easily explained (as you just did). If you want to avoid this possibility or if it is easy to get the Australian visa for the RTD, use the RTD. But even if you use the RTD, you should still carry your passport in case it is needed. Take care, Jason
Hi Jason
Does the asylum interviews still taking place?
Yes, but they put each person in a separate room and the interview takes place by video and phone. Take care, Jason
HI
JASON !
I do not how the immigration courts functions but my heart is broken, i can’t handle delays anymore. I have a pending asylum since 2013, interviewed three times with different officers, my case was transferred to the court in 2019. My first hearing scheduled on August 2019, was cancelled and rescheduled to March 2020 due short of staffs,something that i have to find out at court as my name was not in list, no notification sent to me. Because of COVID19 , my case was rescheduled a year after,means March 2021. Last week, my lawyer informed me that most march cases are cancelled again for unknown reasons, i could not believe it until yesterday when i put my A# on EOIR to check my status and it says” There are no future hearings for this case” but the decision is pending. I’m lost but my lawyer keeps encouraging me that it might be some sudden changes as they do not tell us the reasons but let wait couple more weeks. At this point i’m just tired ,wonder whether other people are experiencing similar problems with courts.
So sorry to hear about it 🙁 it’s a another type of torture …
It’s so odd how other people (who wait 2-3 mons or a year) feel disrespected and complaining that their cases are delayed lol
😊
We are seeing it frequently and it is mostly due to Covid. I had an Individual hearing set for next week, which was canceled. You can try to expedite the case, though I am encouraging my clients to wait until the pandemic eases and courts start operating more normally. I wrote about expediting on April 20, 2017. Take care, Jason
I don’t know how you would feel to have your interview be scheduled after 5 or 6 years? Are you paranoid and anxious for having difficultly to recall bit by bit what happened to you to prove to asylum officer that you had well founded fear of persecution? Although my interview has not been scheduled yet, but I always have this nightmare to what extend or detail the asylum officers’ questions will be. I feel I would give a better interview in the first year that I field my asylum case. As human being, our memories often get wash out and tend to forget little details of past happenings such as names of individuals that you worked with for many years, names of locations, time/date you first noticed or received/experienced a potential threat, and etc.. What has been your strategy to ensure you keep note of those little details to be able to have a look to your notes before heading to your interview. Irrespective of the ongoing immigration bill, USCIS should consider waiving the interviews of individuals waiting for extended period (in average more than 3 to 5 years) and grant them asylee status based on the application and evidences that asylum seekers have submitted. In case, asylum officer is not convince with the evidences provided to him/her as well as the country context/situation had remained stable throughout the period, the asylum officer could schedule an interview to verify whether the case is genuine or fraudulent.
Hi Alien,
It’s untestable that asylum applicants, especially after being interviewed after many years of filing the I-589, may not be able to recall their experience in minute details (like the exact hour, minute, and second an incident occurred, for example). It would be unreasonable for an officer to expect you to remember in extremely great detail. In fact, I would find a case suspicious (not frivolous or exaggerated necessarily- just suspicious) if the applicant could remember and explain the traumatic experiences in so much detail.
I don’t know about anyone else, but I hate to remember or talk about my traumatic experiences. Studies have actually shown that people tend to suppress the memory of traumatic experiences.
Unfortunately, however, the onus is on the applicant to prove that s/he is eligible for asylum. Therefore, you have to explain what happened in a detailed and mostly consistent fashion. It is, therefore, imperative that you remember as much as you can. The officer or judge expects you to recall your experiences with a reasonable amount of accuracy and consistency as this helps them make their decision on your case. In addition, you should try your best tell your story, all the while managing your emotions and body language. For instance, you can cry if you feel like crying, but don’t fake the cry or TRY to be emotional. As another example, you should try to make eye contact as looking away or on the floor can be interpreted as you lying/trying to hide something. But I digress a bit a bit.
I am not an expert but here are some tips to make you remember your story and keep calm at the interview or hearing:
-Avoid caffeinated beverages the day of the interview or the night before the interview
-Make sure you get enough rest the night before the interview
-Get up early so you have enough time to get to the interview/hearing
-Read over your declaration the night before (not on the day of the interview).
-Study your declaration/affidavit (I can’t emphasize this enough). If you have a trusted friend or partner, practice with him or her. Also, make jottings of incidents you think are important, sort of like journalizing the events
-Don’t be afraid to practice in your mirror or talk to yourself (whatever you feel more comfortable doing)
-If you have a lawyer, arrange to meet with the lawyer days before the interview so you can do mock interviews
-If you don’t remember something, please tell the officer or judge that you can’t remember exactly what happened or a date or time. DO NOT guess as you risk being accused of being inconsistent, or worse, lying
-Finally, though easier said than done, try your best to relax as being stressed only increases your chance of forgetting an incident or misspeaking
Understandable***🤣
Hi Jamie,
Thank you so much for such a comprehensive response. I copied your response and kept in my asylum folder. I’ll definitely follow your advise to manage my stress during the interview. I do follow your other advices/commentaries that you are constantly providing here. God bless you and give you the reward!
I got this story. Not sure if it is real or fiction, but really sounds like what may be happening.
It was hilarious too.
https://quod.lib.umich.edu/cgi/t/text/text-idx?cc=mqr;c=mqr;c=mqrarchive;idno=act2080.0056.306;rgn=main;view=text;xc=1;g=mqrg
I did a post on January 9, 2012 that is relevant to this point. Basically, we and the client prepare the affidavit and then the client needs to review what is in the affidavit before the interview. We also do two practice sessions before the interview. Also, it is important to say “I don’t know” or “I don’t remember” of that is the case. I think officers generally understand that you will not remember certain details, and so I have not found this to be a major issue for my clients. That said, I 100% agree with your point, that the longer you have to wait, the more unfair the process. Take care, Jason
sharing my EAD timeline
applied for 4th EAD renwel on C8
Nebraska center
applied on Nov 30th 2020
got recipet notice on Dec 12 2020
today 02/23/21 checked the status it says:
card is being produced .
wish every body who is wating good luck
@Binaa- Super fast!!!
I applied in Texas since September. Still showing fingerprint taken.
Congrats!
Hi Mr.Jason,you’re a great person!
To you and all the community here: how do you know that RTD got approved? I mean what is the message that shows up on mycase status? mine was : fingerprints were applied to your case” for 5 months..
Thanks
@Dowawi
Mine was like for six months. I later got on the seventh month.
I think it would be a message indicating that the RTD was approved or shipped. RTDs have become so slow. It is really awful. I would expect you to get it in the next month or two, hopefully. Take care, Jason
Hi Jason, I have shared my concern before regarding of my advance parole, I have submitted my application in September 8 2020 got approved in January 4th 2021 and since than no update at all and in few days it will be 2 months after approved my case, now I’m curious what could happen or what could I do to get my parole? I have called dozen times they just don’t provide useful answers, I’m in a point of help if you can give me any.
Thank you so very much in advance!
Unfortunately, I do not know what else you can do. I think you said you were sure the approval notice did not also contact the AP (which is just a piece of paper with your photo on it, that otherwise looks like a USCIS receipt). I guess you can try the USCIS Ombudsman – a link is under Resources – but they are not very fast and probably take a few months (or more) to respond. You can also make an online case inquiry at http://www.uscis.gov, but if they are not helping you by phone, I do not know that an online inquiry will be any better. Finally, if you can try again by phone, maybe you can ask them to make you an Info Pass appointment based on a need for emergency travel. I do not know that they can do this, but it used to be a way to get AP issued more quickly. Good luck, Jason
Hi Jason,
My wife’s case is due for a final hearing in court in 2023. We applied for EAD renewal together in a single application packet but only my wife has received the receipt notice as of today and not me. As a dependent should I also be receiving a separate receipt notice with my A#? USCIS has cashed in our check for us both.
Could you please suggest any recommended action to resolve this situation.
I appreciated your work and thanking you in advance.
Take Care,
Dude
You should get a receipt, but many receipts are delayed and family members who file together often do not have their cases processed at the same time. Probably the receipt will arrive soon. However, if you can get a copy of your check from the bank, USCIS should have stamped your receipt number on the back. If you get that, you can check your case status online at http://www.uscis.gov or make an inquiry about the case online. You can also try to call USCIS at 800-375-5283. It is very difficult to call them, but you can try. Take care, Jason
Thank you very much. I’ll check with my bank.
You are awesome.
Hi, I’m not that optimistic about the new bill. I think it’s a bargaining tool to secure permanent legal status, atleast, for DACA and TPS holders. But Is there anything that the Biden administration can do to bring about fundamental and tangible changes to the lives of asylum applicants with Pending cases(without having to go through the Senate)? And why is it that everytime the issue of asylum is raised, the government only talks about asylum applicants at the Mexican border? What about the Asylum backlog here? What about those of us who’ve waited years&years to even get an interview?….its just frustrating..
Hi, I’m not that optimistic about the new bill. I think it’s a bargaining tool to secure permanent legal status, atleast, for DACA and TPS holders. But Is there anything that the Biden administration can do to bring about fundamental and tangible changes to the lives of asylum applicants with Pending cases? And why is it that everytime the issue of asylum is raised, the government only talks about asylum applicants at the Mexican border? What about the Asylum backlog? What about those of us who’ve waited years&years to even get an interview?….its just frustrating..
All good questions, and it does seem like, for the most part, affirmative asylum applicants get ignored. There will be some lobbying efforts to help, and currently at least one non-profit is working with Congress to get Congress to draft a letter to the DHS Secretary covering some affirmative asylum issues. I am scheduled to be on a call about that later this week, and if there is anything exciting, I will try to post about it here. For now, though, I think the main focus is on the immigration bill. While it is an uphill battle, it is worth fighting for, and so most advocates will be working on that issue over the coming weeks and months. Take care, Jason
Jason, thank you!
The one that really baffles me is the urge to give permanent status to TPS holders! Of course, I am of the view that a person who currently has TPS status and wants to become LPR, for example, should be able to do if s/he is eligible. I am obviously not saying that they shouldn’t be. I am just confused by the urgency to have TPS holders become LPRs.
I am beginning to believe that Democrats actually don’t care about immigrants, and they really don’t want to solve the immigration issues. It’s either that or they are simply not politically savvy! Why would they deliberately put up something that they know can’t/won’t pass, or something that can easily be used as fodder for conspiracy theorists and as used scaremongering tactics by politicians? The wording alone in the bill (“pathway to citizenship for 11 million undocumented…”, for example) invites death, so to speak, to both their political ambition/objective and the bill itself.
I want to see a lot more undocumented immigrants/asylum applicants/TPS holders becoming LPRs and citizens; I propose the following:
The Biden administration needs to create a point system, similar to the one used in Canada and Australia (doesn’t have to be a reflection of Canada’s or Australia’s system), that awards points for education, skills, adaptability, family ties (or other ties to the U.S.), work experience, language ability, length of time spent in the U.S., the amount of taxes paid, your experience as an essential worker (especially during the pandemic), criminal history, etc. This kind of system is essentially casting a wide net- that is, many people, including asylum seekers, TPS holders, DACA recipients, and other undocumented immigrants, would have an alternative pathway to permanent status, and many would suddenly become eligible for a GC because of the point system. This could be achieved without being too exact (in terms of who is immediately eligible for a GC). It would also lessen (not completely remove, though) the chance of the proposal becoming a victim of misinformation, disinformation, scaremongering, unwanted media sensationalism, an influx of applications, and possible political backlash/ending of many Democrats’ political career. This to me is similar to saying “defund the police”. Obviously, the intention behind the slogan means well- they just don’t know how to play the game of politics like the Repubs. I am not sure who is advising the Dems; they need to get rid of these advisers ASAP!
I am also fully aware that even my proposal would face a strong headwind, as, ironically, America is not there yet when it comes to welcoming more immigrants.
A cynical person might argue that the Dems are playing to their base with this proposal. I do think the bill makes sense, but I agree with you that it is probably politically untenable. Maybe the intent is to reach a compromise by breaking off pieces of the bill. The sad part is, if this bill were passed, it would help boost the economy and give us a mostly clean slate, which would lead to a more orderly immigration system. Your idea is interesting. I am not sure exactly why the US has been reluctant to implement a similar point system. Maybe because the main advocates for immigration reform are non-profits, and the people they advocate for would (they presume) do poorly. But it would depend on what points are issued for. If a person got points for more time in the US, it would benefit Dreamers, TPS people, and others. I guess we will see if there are counter proposals and how they look, or if the Dems have some procedural tricks they can use to get a bigger package passed. Take care, Jason
Jason, I agree that if the bill were to pass it would significantly boost the economy and Congress would be given the opportunity to start afresh. In terms of the “procedural tricks”, I am hoping that this is true and the Redubs would concede on parts of the bill. Perhaps these tricks would allow for some middle ground to be reached.
I can’t say I am super optimistic for the whole bill, but I do think that there is a reasonable chance that portions of it will become law (particularly related to Dreamers). Take care, Jason
Repubs**
Hello everyone,
I have a quick question. My case status has been changed to the decision was mailed, and I’ve been checking the immigration court website to make sure my case wasn’t transferred to the court, and it always said “case not found.” Today, when I put my case number in, my name appeared, with no date or anything, but it just says “the case is pending,” but nothing else. Does it mean my decision is a referral? Thank you
Hi Friends,
I went to extend my dl for 180 days today, because my current one expires in a few days alongside my EAD. My EAD has not been approved per online status.
However, the lady extended my dl for one year instead of 6 months.
Should I go back, and have this corrected or just ignore?
Has anyone been in a similar situation?
By the way, I noticed the date when I got home.
I don’t see why you need to correct that. The DL is issued by the state, and if they choose to give you one year, that is up to them. Take care, Jason
Unfortunately, that is probably not a good sign, but still, you have to wait for the paper letter from the Asylum Office to be sure. Hopefully, it will turn out to be a grant. Good luck, Jason
Why they gave one-year validity of EAD after applying for a Green card, it’s just frustrating that everything linked to EAD. Driving license….etc
Maybe it made some sense at one time, when USCIS processed cases more quickly. But now, it makes no sense and is a big pain. Take care, Jason
Looks, there will be very slim chance for the new immigration to be approved by Congress and Senate:
Biden’s immigration bill could wreck his majority, but Democrats have opportunity to do the right thing
https://thehill.com/opinion/immigration/539762-bidens-immigration-bill-could-wreck-his-majority-but-democrats-have
Yeah Don’t think this will ever pass. Pending Asylees should not get their hopes up. This will never pass….
I am the primary applicant and my wife is a dependent. My daughter born last week and my wife’s parents want to visit USA. Can they apply for visit visa? Is there any paper that would be helpful for them to get visa? Should I get any reference kind of paper from my lawyer that may help them to get the visa?
Thank you very much.
Congratulations on the new baby! Your parents can apply for a visa normally. If you have an asylum pending case, that may make it more difficult for them to get a visa (or it may have no effect), and so they should be sure to have evidence about their connection to the home country. They should also be prepared to explain about their intent to return home after their visit. Maybe if there is evidence that you face a threat in your country but your parents do not face a threat, it would be good for them to have that evidence. They may want to hold on to that and only use it if they are questioned about their intent to return home after the visit, but that depends on the case. Of course, they can also talk to a lawyer who knows about visitor visas and maybe that lawyer can help prepare a strong application for them. Take care, Jason
Hello Jason and Patrons,
What is going on with Texas Service Center? I have submitted my renewal application for EAD more than a month ago (Jan. 10, 2021) and then submitted Refugee Travel Document more than three weeks ago (on Feb. 06) and since then have not heard anything. I have not had such experience with Texas Service Center before and usually, they sent me a receipt within a month of filing an application. I submitted an e-Notification form with both of those forms and if they process my application in the repository, I should get a message with a receipt number. But seems like it’s at a standstill. I have already sent an email to the Lockbox of Texas service center, but I highly doubt that they will respond anytime soon. What should I do at this point? Should I write a letter and mail it to the Lockbox address? Anyone else has been seeing delays with the Texas service center lately.
Hi my friend, I’m having the same experience. I got approved for my travel documents in January 4th 2021 since than not produced the actual documents. I called 13 or 14 times they said you have to wait.
Very third world country system in Texas immigration service center.
You haven’t waited long enough yet. I submitted my EAD renewal application in November and received an I-797 form last week. So you should get yours in a month or two.
I submitted my EAD renewal application on Jan 18 and got my receipt on Jan 28, 2021. I used express mail service and their lock box address.
Hey Asylum Khan,
It took me 70 days for my check to be cashed and receive a confirmation text message from USCIS. I would give it a bit of time
This is happening to many people and so I think you just have to wait for the receipt. Some cases from October and November are just now receiving receipts. It did seem like things were improving, as we have had a few cases filed in late January that received receipts, but for the past 3 or 4 months, it has been very slow. I think there is a note about it on the USCIS Ombudsman webpage – there is a link under Resources to that web page. Take care, Jason
Texas LockBox facility as a mess because of Trump final day on office. His DHS head literally delayed all applicants for no valid reason just to cause delays for Biden. I applied for RTD on October 2020 in Texas Lock Box and I just got a receipt two weeks ago but the priority date shown was back on October 2020. We are all facing delays. I still didn’t have my fingerprints taken.
What is average time for decision in Chicao office ?
I know some people wait for couple years, but if you can tell how many months is average ussuall wait?
Thank you
I do not know what is average there, especially these days. Prior to the pandemic, most of my cases there were decided pretty quickly after the interview, but I have not had a case there since the pandemic. Also, even if you knew the average, it would not be very helpful. In general, some cases are decided within a few weeks of the interview; other cases take months or years. It is just not predictable. Take care, Jason
Dear sir jason I am beyond concerned ! I submitted my AOS Asylee based . I ended with a receipt that starts with MSC . Which is national benefits center. Sir from my understanding Nebraska and Texas are the only one that process Asylee green card . Have you ever had a case end up at MSC for Asylee based green card application. ? I’m so worried they sent to the wrong place . Thank you
Hi Vicenza,
I came here to post about the concern. Application was sent to Texas lockbox and after 3 months waiting for receipts, we end up with national benefits center as well. In one hand I am really concerned for the same reasons you are and in the other hand I am thinking that the recent chaos with TCS is the reason why they are transferring cases to the benefit center so it might be processed more quickly. Hopefully Jason will have something to say.
TSC is a mess, but receipts are coming, eventually. I think you just need to wait. I am not sure what else can be done, but most cases filed in October seem to have received receipts, and hopefully they will be getting their act together soon and start issuing receipts in a more timely way. Take care, Jason
Same here. I’m confused as to why my receipt case starts with MSC if it should be LIN or SRC. If anyone could share their experience of how fast the case was processed at NBC, that’d be great. I hope it’ll be as fast as Nebraska Office.
Hey RV,
I think there have been lots of changes because all my receipt always with these many many years of wait started with LIN but this time it started with IOE
USCIS moves cases around depending on workload, and so the different receipt numbers may be a reflection of that. Take care, Jason
I never really pay that close attention to the receipt number, but generally, if you send the case to the wrong address, they will reject it and return it to you. If you received a receipt, you should be fine. Also, you can double check the mailing address at the I-485 web page to make sure you sent the case to the correct address. Take care, Jason
Hello all,
For me I see a light at the end of the tunnel with the new Biden immigration bill. From what I see, they will do something. I am waiting for more than three years for an asylum interview in Arlington. The bill hopefully will include us.
I also wonder if the quote from the bill which mentioned someone who worked “essential critical infrastructure” per DHS during the federal public health emergency for COVID-19 or the 90 days following, may still apply under the new pathways. Hopefully this section could cover many people as well moving forward. Could you please review this section in your next blog Jason?
I am very hopeful and checking this forum more than ten times a day. Thank you Jason for your unspeakable help for us. I am not sure where I would be with out your constant support and positivity.
Thank you again!
I am going to try to post something about the bill, but as I read it, if it passes, most people with pending asylum cases would become eligible for a green card. Take care, Jason
Do you think that will include asylum seekers in removal proceedings?
As I read the bill, it would help most asylum seekers in removal proceedings (though not certain people with criminal or national security issues, or certain immigration issues). Take care, Jason
Even like us waiting for court dtae?
Yes, as I read this, most people in Immigration Court would be eligible to get a GC based on the bill (if it becomes law). Take care, Jason
When is the result to hear senate to pass the bill?
No one knows. But I suppose this will play out over the next few months. My guess is that if nothing happens this year, it will become more difficult, because people will start campaigning for the 2022 elections by early next year. Once that starts, it will be even more unlikely for a bill like this to pass. Take care, Jason
Jason,
Can’t wait anymore. Checking for your new post since early morning.
It’s not going to be anything earth shattering, and also, I doubt it will be posted until Wednesday at the earlies. Take care, Jason
@Optimistic you said most of the words in my mind. Jason thank you so much. Words can’t explain what you do for us. It is amazing someone like you exist! I check this forum so many times a day.
I do really hope we this bill goes thru and is a light at the end of tunnel for us.
Hey, thank you for your comment. I think for pending asylum people, this is a ver good news. Even if the bill doesn’t pass as is, it will be helpful for some portion of the community. I will be very happy for them. We are following the rules and let’s see the end of this. Fingers crossed 🤞
Hi, Jason. Please help to understand. Pending Asylee for 6 years for taxes we are resident or non-resident?
All the confuse is at Substantial Presence Test. How we suppose to file our taxes . Thank You!
“The “Substantial Presence Test”
A foreign national in non-immigrant visa status may be considered a resident alien for tax purposes as soon as he/she meets the “substantial presence” test for a calendar year (January 1 to December 31). To meet this test, the person must be physically present in the U.S. on at least:
31 days during the current calendar year and
183 days during the three-year period that includes the current calendar year and the two years immediately preceding. The individual should count: all the days he/she was present in the U.S. in the current year, 1/3 of the days present in the U.S. the preceding year, and 1/6 of the days present the year before that.
So i suppose to file like resident?
Yes! Is this the first time you are filing?
So i filled like resident all this years, turbo tax didn’t ask about residency of status . Now my friends are telling me that i suppose to file as non-resident . Completely confused
I would not listen to friends, even though they are well meaning. Talk to someone who knows for sure, and then you will not have to worry about it. Take care, Jason
I don’t know about taxes, sorry – I think you need to contact a tax professional for advice about that. Take care, Jason
And I agree with Jason , you may also want to verify from a tax professional.
Hi Jason and other valuable members of this community,
I have a concern would like your suggestion:
– I applied for GC based on Asylee.
– NBC after 4.5 months recieved an RFE. I am pretty sure this is for Medical exams that i didnt include in the package i sent.
– RFE was sent 10 days ago and i havent recieved it on my Mail box yet. Yes i have signed up for informed mail delivery and check my app to see if there is any mail coming thru the app but nothing until 10 days. I am worried as this is time sensitive RFE i dont want to miss it.
What can be the consequences if i didnt receieve RFE and i miss the timeline?
Is it normal for not to recieve RFe for this long?
I am worried. Please your suggestion has always helped me.
I think it is normal and I would wait longer. Typically, you have 60 or 90 days to respond to an RFE, and so I doubt you will have a time issue. Mail has been slow, and they do not always mail things immediately after they give you a notice online. Maybe if there is nothing in a couple more weeks, you can try calling USCIS at 800-375-5283 and try to talk to a person, but I really think you will be fine. Take care, Jason
Would you please tell me your receipt date? Mine is October 5, 2020. I still didn’t receive RFE yet. Thanks
RFE issued 10 days ago, Feb 11 2021.
Did you say your RFe was issued last october 2020 and you still havent received? that scares me.
Did you call USCIS or re request RFe from their website ? Let me know what you did that may help me.
Thank you
Just curious, you said that your green card case is pending with NBC – does your case receipt number start with MSC? My case has been mailed two months ago and was received by NBC and my case receipt number starts with MSC. I think it’s weird because usually asylum green card cases are received by TSC or NSC with receipt numbers starting with LIN or SRC. So just wondering if you are in the same situation. Because if your case has been received by NBC 4.5 months ago and you are getting RFE, this is a great news meaning an adjudicating officer at least started working on it. If the case is with TSC, you won’t get any RFE or any follow up for at least 18 months.
Hey sorry, yeah i made a mistake there on my first post.
My Service center is NSC, receipt number starts with LIN.
Its been 12 days now, they issued me an RFE i am sure its for medical, but haven’t received it yet.
But received Travel Documents and Its Approval Letter right in 2 days. SO i dont know whats going on.
Makes me feel crazy right now. Hope i will receive RFE soon so i can respond to that asap.
Updating my asylum community on the situation:
RFE Sent on Feb 16, 2021. Received on Feb 23, 2021 its for Medical Examinations.
Hi Mr.Jason
My question might sound stupid, but I started working just two days before my first date of validity on my EAD (asylee), how dangerous is that when it comes to GC application? what should I do?
I doubt it is a problem. You will have to list your employment and the dates on your I-485 (green card form), and I doubt anyone would give you trouble about that, but if they did, you would be eligible for a waiver under INA 209(c), which would allow USCIS to “forgive” you for working unlawfully and give you the GC. I highly doubt that would be needed though, as I expect USCIS will not care about this. Take care, Jason
Dear Jason,
May you please write an article about the background and security checks procedures AFTER the asylum interview?Explaining , How does it work? What type of checks? How many agencies would be involved? Why does it take too long? …..etc. So that the pending asylum applicants who are waiting for indefinite time know what’s going on.
Thanks in advance,
I don’t know much about that, and even asylum officers have pretty limited information about the background checks. I did a post on October 20, 2015 discussing post interview delay (though not about security checks). Maybe that would help a bit. Take care, Jason
Hi Jason,
I have pending asylum case and waiting for interview beside my asylum case I have F status which valid I20 but used my asylum work permit.my husband has Green card.he has already applied for naturalization and waiting for interview since three months ago. I checked the visa bulletin which is current for spouse of permanent residence who lives inside US. Can I apply for adjustment status? (The process of my husband naturalization would probably take a year) do you recommend applying for GC with my situation? What is chance to get approval of adjustment status?
Thanks
You may be able to file for adjustment of status to get your GC, assuming you are still in status now. I believe that using the work permit would not cause you to lose F status, but you should talk to a lawyer to try to double check this. If you apply and USCIS considers you out of status, you will lose the money you paid for the GC. That said, it sounds like your husband will be a citizen soon, and once he becomes a citizen, it would not matter if you were still in F-1 status. So if you are not in a hurry, I guess you can wait. Or if you don’t mind risking the money, you can apply and see what happens (and if he is a citizen by the time you have your GC interview, I think you will be able to get the GC even if USCIS considers you out of status, assuming you have no other bars to getting status). In short, it is probably worth reviewing the specifics with a lawyer to be sure, but it sounds like you will get the GC – the only question is whether you should apply now or wait for him to naturalize. Finally, I did a few blog posts in August and September 2018 about this point, and maybe those will help. Take care, Jason
Hi JAson,
I just got referred and will like to change the state where my case will be held. What do I do?
If you move, you can file a form EOIR-33 and a motion to change venue. Typically, it is a good idea to get a lawyer for a court case and the lawyer can help move your case. Take care, Jason
Thank you, will that change the judge as well?
If you move to a new court, you will have a new judge (unless somehow your judge happens to move as well, but that seems pretty unlikely). Take care, Jason
Jason,
Could joining ASAP or Casa de Maryland for expediting the EAD turn out to be risky? As an asylum applicant one never knows the political affiliation of a USCIS officer reviewing your case. Didn’t both ASAP and Casa de Maryland sue to the USCIS under the Trump Administration? Is there a risk that the members of the above NGOs may get blackballed in the future when their cases are reviewed because they allegedly gave a hard time to the USCIS employees, especially if the case drags for more than 4+ years with another possible shake up in the administration in 2024?
I guess anything is possible, but I really doubt this is much of a risk. You could (I suppose) tell the officer that you do not like ASAP and Casa, but you just needed the EAD. That is pretty understandable. Plus, if you had an officer who was that much of a jerk, they would probably deny the case for any other little reason they could find. I will say that most officers are professional and would never do such a thing. Take care, Jason
Hi jason,
If this is passed and effective then people who are waiting for their asylum interviews, will they get the approval right away without waiting for interviews?
Thank you.
They would have to apply for the GC like everyone else. What that process would look like, we do not know, but presumably, it would be similar to the current I-485 (green card application) process, and this almost always involves an interview (at least for people who did not already have an asylum interview). Take care, Jason
Hi Jason, I am a little bit confused, a couple of days ago you told me that nothing changed based on the bill for pending asylums who are waiting for their interview, am I wrong?
Maybe I said nothing has changed as the bill is not yet passed, and so we need to see if that happens. The text of the bill was only recently released, and so it looks like if the bill does pass, most people with pending asylum cases will be able to get a GC. But the bill has to become law first, and we are long way from there. Take care, Jason
Hi Jason,
Thanks for being such an awesome human being. God bless you!
I just started working on NIW application as I have been waiting for about 3 yrs for my decision ( my NIW lawyer believes we have a great chance of winning). My asylum lawyer believes that we can argue against unlawful stay for purpose of AOS filing, as the long waiting time was because of USCIS technical difficulty. My lawyer says that there has been a similar case and judge approved the case based on the same argument. Have you heard about such a case?
And also if this Biden immigration bill passes and they remove the 3-5 yrs bar, can I file for Aos and get my GC outside of us?
I remember there have been several people writing here about the same process(eb2/pending asylum) but I have never seen any posts from them after filing their cases, do you know about them?
Hi my friend,
I am one of them who asked about EB2 NIW in this blog. Jason has a couple of entries where he explained several exceptions. But people like me who have a second option should come together and share our knowledge. This forum mostly talks about typical and common topics like EAD, Asylum, GC, citizenship etc. I was trying to have a conversation with others like you via the internet but we could not make it. If you think it is a good idea I set up a website so we can come together and discuss our experiences. Who are we? People who applied for asylum for some reason which is still a valid and reliable case, but due to the long wait period (being stuck in the backlog either for the interview, or decision…) it is not moving anywhere, meanwhile they have another option to have NIW; Difficulty is the status of having “pending asylum” not having a nonimmigrant status so we can apply for a change of status, no way of having a passport from the original country or able go outside the USA for 3rd country… anyway, I am planning to apply for NIW EB2 considering that I am eligible to go from that route but there are lots of uncertainties. Even if I get the waiver, I will not be able to fill I- 485 because I do not have the status to change when I am waiting for asylum. My passport is expired already, even with a valid passport, I can not go back to my home country for obvious reasons… I believe there should be some example who tried this before.. we have to find them and learn more right?
I did a series of posts that might help on August 28 and September 6 2018. There is a rule under INA 245(k), I think, that is relevant and that I think your lawyer is referring to. I have never used it or heard about it being used successfully, but I generally do very few employment cases and have not ever needed to try it. If the new bill is passed “as is”, you could probably skip the whole employment path and get your GC like millions of others. The bill would also eliminate some bars, including the 3/10 year bar, and so you would probably have an easier time leaving and returning with a GC, if you decided to go that route. Take care, Jason
Hello
I am in a similar situation. My asylum interview is pending and I don’t have F1 visa. I am eligible for EB2. But i doubt if i can adjust my status.
Can you please connect me with your lawyer who told you it is possible to adjust your status
Thanks
Hello Jason,
Regarding the GG application processing times for Asylees, is anything actually moving in the right direction? The Texas Service Center has so often being mentioned that it’s strange that with a different leadership at homeland security and USCIS with the Biden administration, we have not heard anything yet about how they plan to address the over increasing processing times. I do recall the presidential proclamation ordering the department the direct the effort to process cases more efficiently. But these are just words with no action. I know Biden has only been in office for about a month but the frustration of having to wait 2, 3 years to adjust status is ridiculous. It used to be 3 months a couple of years ago.
The TSC has long been a problem. I do not know what – if any – changes have been made yet. They did have a big problem recently with issuing receipts, but that seems to be resolving itself (at least recently filed cases are now receiving receipts more normally). The short answer is that I do not know what changes are being made there. One exception is that they are supposedly not rejecting cases where a box is left blank on the form (rather than writing “n/a”). Hopefully, the “new attitude” of USCIS will help improve things and I think competent and less hostile leadership will help too, but we really need substantive change, and aside from proposed legislation, at this point, I do not see much of that yet. I do think it is coming, though, so we will see what happens. Take care, Jason
Dear Jason
Came back after few month im so close to apply for GC based on Asylum!
Thank you for being there for people like me you have been my lawyer virtually thru this screen! And i did my A to Z asylum process with your help since 2015!
I have few questions
What documents should i sent when apply for GC based on asylum?
And i live in Virginia based off of your experience if my all documents are complete how long will I expect to receive my GC based on Asylum!!! A friend of mine got his GC back in 2016 based on asylum in 6 months in Virginia !! Wondering what are the wait times!
how much would be the fee for GC!!
My last question i haven’t applied for my unrestricted SSN because they want me to mail them the original approved letter to them in order to get the unrestricted SSN!! But they are not responsible for any loss so I didn’t dare to do so because i never wanted incase if its been lost in between!!! Im checking everyday when SSA office open until i go in person and do it!!!
Incase if SSA office is not opened (due to dovid)can i still sent my current SSN that i got thru my asylum because number is not changing anyway!! I hope it don’t affect me!! Thank you
I do not know your case, and so I cannot say all the documents that are needed. You have to check the instructions for the I-485 at http://www.uscis.gov. At a minimum, you need a copy of your asylum approval and I-94, passport bio/photo page, birth certificate and English translation, the fee (for adults, it is currently $1225), and 2 passport style photos. You might also need marriage/divorce documents, arrest documents, proof of physical presence in the US documents, etc. The time frame is nor predictable. Recently, I have seen cases taking maybe 12 to 14 months, but some cases are taking 2+ years. For the SSN, I would try to send them a copy. I think they do not really need the original, and in any event, your SS number will not change; it will just become unrestricted. Take care, Jason
Dear jason thank you
What should i sent as a proof of my physical presence in US???
Unless there is some question about your physical presence, you probably don’t need to include evidence about that. But if you need evidence, you can include taxes, pay stubs, letters from people who know you, school documents, and things like that. Take care, Jason
Hi Jason,
Is the form G-1450 safe? I have heard that if the payment is declined than you whole application is declined . Also, I’m im using it for I-485, is the right amount $1225? (1140+ 85 for biometrics ???)
Thank you so much !
I have not heard about problems with that form, but it is true that if the payment is declined (whether you pay by credit card or some other way), the case will be returned to you. And that is currently the fee for an I-485 for an adult applicant. Take care, Jason
State of Texas is doing really bad and I really feel sorry for them, but for just a minute a thought Cross ❌ my mind, that Texas service center for USCIS have done so much cruelty on immigrants inside of their facility that all the state of Texas has to pay for their sin.
They actually got pay to keep the cases in backlog.
Pigs in human forms!
Sorry but your comment is full of hatred. My case has been pending at Texas since 2016 but I don’t think I would ever say such a thing to the people living there who are suffering badly during the inclement weather. Hope you don’t feel my comment offensive. Stay safe!
No offense dear my hatred is towards Texas service center staff. I cleared in my text and that was just a thought!
I did a post apropos to this point on April 8, 2020 – maybe that would be of interest. Take care, Jason
Hi Jason,
It is really sad and shocking how I am seeing that immigrants, asylees, and asylum seekers are aligning with republicans almost, they are against saving other people from the suffering that they have been through. What is wrong with these people?
Republicans were, at one time, pretty pro-immigrant and pro-refugee. I think the problem is that the party has become much more xenophobic, and they especially seem to hate Muslims and people from Central America. We can hope that they will return to more rational positions on these populations, and I think we need to take opportunities to try to educate them about who these people actually are, and maybe then they will seem more human and less scary. Take care, Jason
Hi
As being realistic I think there is very little chance that the bill can pass especially legalizing more than 11 millions people,almost legalizing every body in the country illegally or without legal status.
1.What will Republicans gain in passing such bill?
I suspect they ll block it as it could encourage more people to come.
2. President Reagan passed Immigration Reform and Control Act 1986 that legalized more than 3 millions illegal immigrants at the time!
Do you think this can be repeated as Republicans believed it encouraged more to come
I believe small number such DACA can be eligible after the bill passed through Congress.
My thoughts exactly, the bill has nothing the republicans would want in there. could that have been an election Gimmick? we don’t know. however, if we look at this situation:
1. 11mill people granted amnesty- it might be less than this based on
a. Background check
b. criminal records
c. inability to pay fines and taxes at the time
d. There are some criminals who will come out of the shadows because of this law and get nabbed.
2. Also it seems that the initial 5years will be renewable every 2years so that if you do have an offence you lose the benefit.
Tentatively this will free up the courts really, it might end up being a win-win for the Repubs and Dems but we can never know really how this would flip.
What is sad is that most immigrants would probably be more likely to align with Republicans, as immigrants tend to be more socially conservative and more capitalist. However because Republicans are so blatantly xenophobic, they are not winning much support from new Americans. Take care, Jason
I agree that it will be very difficult to get this passed in its current form, unless all the Democrats cooperate (definitely not a given) and they do some tricky stuff in the Senate (such as eliminating the filibuster or something with budget reconciliation – I am not an expert on their arcane practices). I do think advocates will have to push for this if there is any chance for success. Of course, it is also possible – even likely – that if it does not succeed, we will see a more modest bill, maybe to legalize Dreamers. We shall see. Take care, Jason
Hello Jason
You are really such a good person. I have one quick question my case is still pending since 2016 and I have a girlfriend she lives in Canada can I go there and come back is that possible?
Thanks
I have been very patient with my GC application case based on asylum from TSC for almost 3 yrs now on April. Whenever I ask my Senator I got same answer based on uscis that it’s …
According to USCIS, your case is under extended review with an officer. Unfortunately USCIS cannot predict when this review will be complete. USCIS will notify you once a decision has been made or if additional information is needed.
…..
I am tried of trying and I don’t know what to do. Any suggestion Jason and others.
Thank you!
Sam
One easy thing to try is the USCIS Ombudsman – they sometimes help with delayed cases. A link is on the side under Resources. If all else fails, you might consider a mandamus lawsuit to force USCIS to do its job. We wrote about that (in the asylum context, but it is the same idea) on October 2, 2018. Take care, Jason
If you have some other status besides asylum pending (maybe H1b for example), you can probably leave and return, but otherwise, you need Advance Parole – I wrote about that on September 11, 2017 and maybe that post would help. The short answer is that it is probably easier for her to visit you here than for you to go there and return. Take care, Jason
Good morning Dear Jason and everyone!
My asylum case had been in status “Decision is pending” for almost 3 years now. Today I checked the status of it and it says the following: Decision Was Mailed
We reached a decision on your application. You should expect to receive the decision shortly. You must follow the instructions in your decision letter as to what to do next.
Is there any way to predict what decision is that? Very nervous!
Also, have you seen a lot of people who filed at Chicago Office getting approved lately? Thank you very much. Have a nice day.
Hi,
First, I wish you a positive answer. Second, please tell me how did you wait three years because is a very longggg time?
I know it is a long time! It’s been very stressful. It will be exactly 3 years in March.
Thank you.
I think the only way to really know is to get the letter. I have not had any decision from Chicago lately, though I can say that I do like that office and have had good luck there is the past. It may take a few weeks for the decision to arrive, and the waiting is very difficult, but hopefully you will get something positive soon. Good luck, Jason
I am guessing it is approved. But would you share your result when you receive it, please? People often forget about this step. Good luck with the rest of the case.. It is just beginning:)
Plus have you tried to expedite your decision after your interview? any Senator work? and ombudsman application?
Thank you everyone for the support!!!
Firstresponder, I will definitely share, and I can also share the whole timeline.
I have not tried to expedite the decision. My lawyer made several inquiries about the decision, but every single time we were getting the same answer: “We are in process of completing the background check. At this time, there is no final decision on your case.” We decided to patiently wait to get it whenever it’s ready. We didn’t expedite since I don’t think we have a valid reason to do so. I got accepted into a school as a resident based on pending asylum, and the whole family is here. I don’t want to take anyone’s spot who truly needs to expedite the case. Thank you!
Hi Jason,
Do you think with the massive number of people who will be adjusting their status after (and if) the bill will be introduced. USCIS will be even more overwhelmed ? Do you think asylees who are adjusting their status and waiting for their GC decision will wait longer ?
Thanks
If this passes, it will be a huge influx of cases to USCIS. On the other hand, they can shift resources around from areas that will have fewer cases as a result of the reform (for example, asylum offices, since most asylum pending people will qualify under the new law). Overall, it would probably create its own new processing backlog, but my guess is that it will also bring in lots more money to USCIS and they can use that to increase their own resources. And so while it might create a new backlog, I do not think it will be the same as the old backlog, and I would expect things to move along in a much more orderly fashion. Take care, Jason
The new immigration bill is called “US Citizenship Act of 2021” Here is the link to access it: https://www.menendez.senate.gov/imo/media/doc/USCitizenshipAct2021BillText.pdf
We look forward to Jason’s review and commentary of the new bill.
Hi Jason, first I want to thank you for your support and endless efforts to asylum community, it’s been 5 years that I am reading your blog while waiting for the interview, after trump’s era finally we saw light at the end of the tunnel but today I took a look at the new bill and couldn’t find a thing about asylum seekers who are waiting for years in limbo, it seems that no one see us, it’s like we are not exist, l lost my hope and feel desperate, hope you can find something positive in the new bill that gives all of us some hope for the future. God bless you
As I read it, they are included. Since I am lazy, here is my response to another commenter: I have been looking at it and will try to post something next week. The most important point is that most asylum seekers (at the Asylum Office and in court) would be eligible for a green card if the bill is passed. People who had some other status (like F or H1b) and also had a pending asylum case are probably not eligible for a GC under the bill (in other words, it does not seem to help most people who were lawfully here prior to January 1, 2021). However, if this bill were to pass, it would largely clear out the asylum backlog, and any remaining cases would probably be adjudicated quickly. In other words, this looks very good. However, it is an uphill battle to pass and everyone will have to work hard to try to get it through Congress. Take care, Jason
HI Jason, I read this paragraph in the new bill (Page 84, lines 10-15), what do you think it means? It sounds too good to be true!
” ‘(f) Notwithstanding section 316(a)(1), any lawful permanent resident who was lawfully present in the United States and eligible for employment authorization for not less than 3 years before becoming a lawful permanent resident may be naturalized upon compliance with all other requirements under this chapter.’’
I did not see that before – I think this means that if you had an EAD (work permit) for 3 years and then got a green card, and had the GC for three years, you are eligible to naturalize. This would help many asylees and many others who had long delays prior to receiving the GC. Thank you for posting. Take care, Jason
Thanks Jason! That is really a good news! Although, how did you infer that the person needs to have GC for three years? It sounds that if you have GC (no matter how long you’ve had it) and previously had EAD for three years before being granted the GC, then you can immediately apply for naturalization. right?! :S
We’ll have to see what other people think after they review that language. As I read that one quote, it seemed to me that the person needed a certain time in the US prior to the GC and a certain with the GC. Take care, Jason
Thank you Jason, that’s what l meant, no hope for pending asylums that are waiting for more than 5 years, if they change “LIFO” to “FIFO” it would be great and fair.
I have been looking at it and will try to post something next week. The most important point is that most asylum seekers (at the Asylum Office and in court) would be eligible for a green card if the bill is passed. People who had some other status (like F or H1b) and also had a pending asylum case are probably not eligible for a GC under the bill (in other words, it does not seem to help most people who were lawfully here prior to January 1, 2021). However, if this bill were to pass, it would largely clear out the asylum backlog, and any remaining cases would probably be adjudicated quickly. In other words, this looks very good. However, it is an uphill battle to pass and everyone will have to work hard to try to get it through Congress. Take care, Jason
Excerpt from the bill”
“General eligibility
The bill would only make these new programs available to noncitizens who were physically present on January 1, 2021 in the US and who remain present until the approval of their application, except for authorized travel (such as that under advance parole) or “casual, brief, and innocent” sojourns. Additionally, any non-citizen who left the US under a deportation, removal, or exclusion order or under voluntary departure, and was either outside the US on the January 1 cutoff or illegally re-entered after that date, is ineligible. However, those who left the US voluntarily or by deportation before January 1, 2021, but on or after January 20, 2017 (the Inauguration of Donald Trump), and were physically present for 3 continuous years prior to removal or departure, may have the required presence waived based on humanitarian purposes, family unity, or the public interest of the US.
The new pathways are generally not available to those who, on January 1, 2021, were existing green card holders, had refugee or asylee status (which provide their own pathways to citizenship), were lawfully present in a nonimmigrant status, or were paroled into CNMI or Guam and did not reside there on November 28, 2009. However, lawful nonimmigrants who are the spouse or child of an eligible individual, are only considered non-immigrants because they are beneficiaries of TPS or of the Northern Mariana Islands immigration law transition scheme, or are H-2A temporary agricultural nonimmigrants, or worked in a DHS-designated “essential critical infrastructure” during the federal public health emergency for COVID-19 or the 90 days following, may still apply under the new pathways.
The permanent ban imposed for filing frivolous asylum applications does not apply to these new programs. There are no numerical caps or quotas on the new pathways, and noncitizens shall not be removed until they have had the opportunity for a final decision on their application. As with ordinary adjustment of status applications, noncitizens applying under the new programs may be considered for advance parole that allows them to travel while the application is pending; additionally, they will be immediately eligible for work once their application is received”.
My understanding is that if you do not have asylum or refugee status, you are eligible.
This bill has a big ‘IF’ subject line.
Hi Everyone,
I know these times can be really trying and can take a toll on us psychologically sometimes. I just wanted to remind everyone that you are special, you BELONG, and you have a purpose- no matter how ostensibly small.
You are also not only here to take up space but to impact and be the change that you want to see. And so, If you aren’t already, I implore you to start recognizing/learning your purpose and channel it in a positive way (doesn’t have to be earth-shattering). For instance, you can volunteer for a pro-immigrant organization in whatever way you can.
Also, don’t be afraid to foray into things (online or in-person activism, for example) that you think are out of your reach or would make you uncomfortable. You can test the waters, and if it’s not for you, move on to something else.
The above is a little bit corny or banal but I felt like someone needed to be encouraged and reminded.
By the way, Jason, I ABSOLUTELY LOVE your recommendations in this article/post.
Have a great weekend, everyone!
Well said. Corny often = true. Take care, Jason
Agreed, but if you have asylum or refugee status, you are already in good shape with a (probably faster) path to citizenship. For people with pending asylum, the bill looks like it will benefit them. For me, the big “if” is if this bill will pass through Congress. We will all have to push for that and hope for the best. Take care, Jason
Hello Jason.
What is the status of master hearings currently? Are the courts hearing these currently? My master hearing is in 3 weeks in Chicago.
I don’t know about Chicago specifically, but I think only detained MCHs are going forward. There is supposedly a system where the court will notify an attorney to submit written pleadings (i.e., do everything in writing that would be said at the MCH), but I have not personally seen that yet. EOIR has a web page for updates about court status under Covid, but they are no updating much, and so that is useless. The result is that you probably have to call the court to check for sure – you can find their number if you follow the link under Resources called Immigration Court. Take care, Jason
Hey Jason,
I have applied for asylum in 2017 after 1 years were passed from my last entry.
I already have my EAD. Does any new trump era rules impact my ability to renew EAD? I am scared just thinking about it.
I entered legally in student visa and filed asylum after my student status expired after an year of being in the states.
I am planning to apply for renewal soon
No – however unless you are a member of ASAP or Casa de Maryland, the fee is now $410 + $85 for biometrics to renew. You can learn more about those two organizations in a post I did on September 23, 2020. Take care, Jason
Hi Jason. I am Asylee and my Family is sponsored by me some months ago. i have some kids 18 plus. one does job and 2 are students. Thy live with me but filed now Taxes their own. Due to worse covid19 situation all 3 are with out jobs. My questions is that if they file Un Employment, then will it effect for their Green Card or other legal problems ?or Student loan in future? or any other thing?
Typically, unemployment should not affect their ability to get a GC. The public charge rule is still in effect – see form I-944 available at http://www.uscis.gov, and if you look at that form, it explains about the requirements and what might be a problem for the GC. Hopefully, the Biden Administration will eliminate this rule, but so far they have not. Maybe in a few months it will be gone. Also, so you know, if your children are asylees and plan to get the GC based on asylum, the public charge rule does not apply and there is no effect if they get unemployment or most other benefits. Take care, Jason
My Kids reached here by applying me on i730 form
My Kids came here by applying me on i730 form. So what will be there position here now? And will un employment effect them for applying green card? They will apply this year.
If they came based on an I-730, they are now asylees and unemployment would have no effect on their ability to apply for a green card based on asylum. Take care, Jason
Hi Jason,
My Asylum application was approved in January of 2016 and I got my GC in February 2017. So if I count this correctly I have completed my 5 years since I was granted asylum. Can I start filling up my N-400 application ? Because my understanding is we can apply for naturalization right when we hit 5 years mark (from the date we have been given Asylum). Please correct me if that is not the case.
Thanks in advance.
Abdullah
The best way to know is to look at the green card. It says “Lawful Permanent Resident since” some date. From that date, you have to wait 5 years, and you can actually mail the application 90 days before the 5-year anniversary. So if the card says February 2016 (assuming it is back-dated one year), you should be good to go, as long as you also fulfill the other requirements for citizenship, including spending enough time in the US and no 6+ month absences (and all the other requirements). Take care, Jason
Thanks for the reply Jason. So the card says Resident Since : and the date is a day in February 2017. But I was granted asylum in January of 2016. So now where does the count for citizenship start? If it starts at the date when I was granted Asylum then I have completed my 5 years mark. And my GC is Feb/2017 and if I back date it for one year then it will get close to the month/year when I was granted asylum which was in 2016 which means I should be good. But if the count starts from the date printed in GC under “Residence Since” which is feb 2017 so I back date it or that’s the starting point.
Thanks a lot .
The counting starts from the date printed on the card. My guess is that you got asylum in 2016, filed for the GC in 2017, it took them a year to process the GC, and so you received it in 2018, but it was back-dated to 2017. In short, it looks like you have to wait until about November 2021 to file for citizenship (5 years minus 90 days). Take care, Jason
Jason and everyone . I am torn here . I am not so in favor of this new immigration bill . Why are democrats in such hurry to legalize TPS holders and illegals . When there are still many waiting for asylum interview and other Asylees waiting for green cards … I feel this is not fair and the priorities are not right. If this bill were to pass they should exonerate asylees from having to wait too long for citizenship and other benefits …additionally this will collapse the USCIS . I cannot imagine if now they’re extremely slow , imagine with the millions of undocumented people applying ( total disaster ) I hope I don’t sound like an as… but if you want to come here , do it legally . Feel free to comment and give ideas
@Lara: it’s really sad to hear ” do it legally” from an immigrant. That argument is so far the one that is used by far-right folks. Many undocumented lost their eligibility for asylum, many came legally and were not able to find a solution. So many have families and pay taxes. TPS people are people from countries that are NOT SAFE. I am an asylee but I can’t do anything but support making undocumented people’s lives better. I wonder on which side are you.
When I hear asylum seekers use the word” “illegals”, it makes me wonder too.
If Biden includes pending asylum cases as part of undocumented immigrants, I guess we will gladly accept to be called illegals too, so long as it favors us.
No one even knows, but I do understand your frustration@ Lara.
The whole “come here legally” argument doesn’t really work with me. The US immigration system is such a disaster that the idea of “doing it legally” loses its meaning. Also, the bill is 350+ pages long, and so whether asylum seekers will benefit, I still don’t know. I plan to do a post about it, hopefully next week (and trust me, reading 350 pages of this is not so fun). Also, if this were to go through (and that is a big “if”), it might be a boon to USCIS, in that they would collect lots of fees, and USCIS user fees are what is used to fund the asylum office, so that might be a win for asylum seekers even if they do not benefit directly. Take care, Jason
I am currently on the path to the third benefit right now – GC. It’s been a long wait with a lot of anxiety. I really hope I don’t have to go through another interview. It would be ridiculous to have to really sit through and recollect information from 2 years ago although I will do it if I have to. Most of this bureaucracy though is intentional. I think on the same day you are granted asylum, your EAD should be waiting for you in your mailbox and the GC should be shipped to you 1 year after receiving asylum and they should mail you a care package with wonderful treats inside and a lovely thank you card from the entire USCIS team saying thank you for everything.
All fun and games aside. I also think the citizenship requirements need to be modified. The five-year wait is unnecessary. I think 3 years maximum and your existing 1 year as an asylee included.
May I ask which country you are from ? This will help me assess my case.
Unfortunately, I will not share any details about where I am from or where I am currently located in the US. I don’t want anything that could provide potential insight into my identity. Also, when you look at response attacks like those from ‘Tina’, it strengthens my reasoning for not doing so. Next thing you know, they start saying, your CoP is not that worthy of asylum.
Other than that, I wish you good energy, success, and hope with the new administration things will move much faster for you and many others.
What do you mean your CoP is not that worthy of asylum ? and I totally understand. My case is of the same nature as yours. So I am anxious and sad all the time :/
I think ES is stating that if he reveals his country, some people might say it is not worthy of protection. I would hope not, but people say all sorts of things. I would note wise words from a very well known immigration lawyer: No country is safe for everyone all the time. Take care, Jason
I want to provide some clarification and context to my initial comment on this blog post.
The bitter level that someone has reached where they are now adjudicating my asylee status in the comments is really sad. I remember many years ago when the migration crisis in Europe was in the early stages; many of the migrants who ended up in Germany were part of a specific social group.
When other migrants who were also seeking asylum found out in the encampments and detention centers, guess what they did? They attacked the asylum seekers from that particular social group, some of whom were fellow countrymen. What I experienced this morning in the comments, was that same sentiment. Sometimes while many of us might be on the same road, we don’t appreciate each other’s sacrifices and tribulations. None of us have a greater or lesser path to asylum. Mine is not better than yours and neither is yours. As we witnessed with the last president, he didn’t care about any of us.
My recommendations to your article do not infer that my wanting a faster path to immigration benefit such as Green Card, EAD or Citizenship is somehow entitlement. It does not mean, because I am on the path to one of those benefits I should not complain because you are already are getting it. My views are simply based on advocating for others. The person who decided to attack my response specifically chose to tunnel vision on just the ‘green card’ benefit. Yet, there was no acknowledgment of the fact that I said, those who have won asylum, should not even have to wait for a work permit, it should be waiting for them. If consider even that, you now have to wait months.
What I have experienced from that individual, feels like persecution, belittling, and feeling of if they actually had the chance to sabotage me they would. I am glad I made the decision to keep my identity a secret here, even though I feel comfortable here. But if that person decides they are going to harass me, at least I change my name. I enjoy reading this blog and I have come here for many years even when I was back in my home country. I return here because I like being part of a community where were we all share a single thread on our path to a better life that safe, peaceful and happy.
@EnrronSierra , you play the victim game after this comment?
“Maybe the reason I got my asylum “so easily as you put it’ is that my case had a solid foundation, while yours has absolutely none, that’s why you are still waiting. I didn’t want to stoop that low but based on your obnoxious response, I suspect you will be waiting a very long time. Resolve your attitude and maybe blessings will actually come into your life.”
You are right, outspoken people are always considered annoying.
.
I am not going to censor anyone, but my sense is that you both would be better off moving on from this argument. You are both valued members of this community and thoughtful commentators, but sometimes it is best to just disagree and move on. My two cents. Take care, Jason
I agree with this (though the candy basket should probably go to the lawyer). I really see no need for an asylee to complete a 20+ page form to get the GC. USCIS could just re-run the security check to make sure the person is not a criminal, and then send the GC automatically. In terms of the citizenship wait time, we will see what the new bill says, but I have not heard any proposals about making that faster. Take care, Jason
@ Jason
The Candy 🍭 basket should go to the asylees and our amiable advisor, “JASON.”
I always accept candy. I have even done cases for candy (and once, for a Bonzai tree). Take care, Jason
@Enronn Sierra,
If rhis helps you feel better about your already fortunate situation, some of us waited more than 5 years for asylum interview to relive our past, some are still waiting after 5 years.
No offense, but you need to carefully walk the fine line between feeling entitled, and expressing your frustration.
Less than 2 years on the finishing line of permanent residency through asylum? You got to be kidding me
With all due respect, please do not apply any guilt trip to me. If I sound entitled, I have every right to be. I went through a traumatic process to leave behind family, recount all I had been through. I had to find the financial resources to hire a lawyer, find somewhere safe to live, had difficult experiences with roommates who were alcoholics, figure out a country I never lived in before.
My frustration is an experience many asylees and even those from different immigration categories share. I do acknowledge there are people in this country who have been waiting 20 years to get asylum, some based on unfortunate circumstances; and I am conscious of what I sometimes call the ‘goldilocks’ period benefitted from due to the ‘FIFO’ system.
But to say I should not complain because I am on the path to getting a GC? Sorry, that just plain sounds like the ‘j’ word right there. Take care and try not to rain on others’ parade.
If your “j” word is what I think you are insinuating, that is totally absurd. You have no idea who I am.
Your first paragraph sounded like you are the only one with such experiences.
Well, some of us are here with young kids, gone through periods of lack and homelessness, periods of abuse in the hands of former roommates, and still waiting to resolve our asylum cases. It sounds like your situation is even more fortunate than I thought.
Guilt trip? nope! You are not responsible for anyone’s immigration delay, so no one is trying to apply any guilt trip to you. I will however reiterate that you are fortunate!
If you read my comment well, there is definitely a fine line between sounding entitled and expressing frustration, but I never said you should not talk about your ‘terrible’ immigration journey.
Apparently, I was wrong to say you should carefully walk that fine line, because you have just confirmed you say what you say most times on this forum, because of your entitlement mentality.
Good luck, but I am guessing your life experiences are a little below average. Time will soften you up a little bit.
Based on the above,, anything else you say after this will be ignored.
I hope you get your GC soon.
This is the last time I am going to respond to you. Take your own advice and stop assuming other asylee’s life experiences. You don’t know anything about me and the only person I answer to is USCIS. The GC I am waiting on is a benefit that I paid for and it was a part of this article.
Maybe the reason I got my asylum “so easily as you put it’ is that my case had a solid foundation, while yours has absolutely none, that’s why you are still waiting. I didn’t want to stoop that low but based on your obnoxious response, I suspect you will be waiting a very long time. Resolve your attitude and maybe blessings will actually come into your life.
This universe works in mysterious ways and maybe the struggles you have faced is the universe trying to tell you something. Again, do not respond to me, and please respectfully avoid any of my commentaries in the future.
Noted sir/ma’am.
However, the only person who can stop me from commenting on this blog is the owner. Fortunately, I think he supports freedom of speech so long as we are respectful, so you asking me not to contribute to your comments just motivated me to. I am also bored and need to be busy with something.
The level of arrogance and sense of entitlement you exhibit on this blog makes me wonder.
I have been very active on this blog for a long time, and you have remained consistent.
So that I am understanding you correctly, you got your asylum approved in such a short period, not because of LIFO, nothing to do with luck, nothing to do with some spiritual power(if you believe in any), nothing to do with the mood of the AO, or even the fact that asylum is considered to be 90% luck by many, but you got approved because of your so called ‘solid foundation’ of the case, and your ‘wonderful’ attitude?
Further, you are insinuating that I waited for 5 years to get an interview , and will be waiting for longer because of your not-so-solid foundation of my own case and my attitude, correct?
Do you have any idea how many people are stuck on the backlog either waiting for interview of a decision? Does your conclusion apply to them all, or just me? You are on the path to permanent residency within such a short while, and blaming me for my delays?
Now, let me re-adjudicate your ‘solid’ asylum case based on your previous comments on this blog.
Per your post{s}, you did not face persecution in your home country but made the decision to apply for asylum because you were tired of pretending and living a lie{well-founded fear of future persecution should you come out in your country}, correct? Definitely a hard way to live(no pun intended).
I have also been able to infer from your previous posts that your mother is not aware of your asylum claim, and you would not want her to know about it, correct?
Is your mother aware of your sexual orientation? If she is not, why not?
Will you be open to tell her about it when she visits? If yes, wouldn’t the embassy make it easier for you to start that conversation if they tell her that you applied for asylum? Why are you so bothered that she will learn that you applied for asylum if she is/was not your persecutor. If she was/is{which will only make sense of you not wanting her to know about your claim}, why should your persecutor visit you?
If she is not aware, and you do not plan to come out to her, wouldn’t the basis of your asylum claim be defeated since you will continue to live a lie to your closest family member who I assume is not your persecutor, since you want her to visit? Have you told her you obtained legal residency through another means? If so, why?
Your whole idea of applying for asylum is to live free and stop pretending, right?
I don’t see that you are psychologically and emotionally able to achieve that here.
I can understand if you have to go home briefly and hide your identity.
Why would you sacrifice seeing your mother soon because you do not want her to know you applied for asylum. Did you lie to her about your sexual orientation? If you did, do you plan to continue living a lie when she visits? Is she going to assume you won the lottery, or she would not care how you obtained permanent residency?
I am definitely concerned about my external persecutors knowing that I applied for asylum, but I am okay if my family members {both persecutors and the ones on my side} know that I applied for asylum because my claim is based on what they already know or participated in.
Since your well-founded fear of future persecution by your government is based on your sexual orientation, I am assuming that your closest family members support you. If not, I wonder what the incentive for them to visit is, especially since you would not want them to know about your asylum claim.
Your last response to me reeks of projection.
Wow Tina, you are exactly what I expected, a bitter and self-loathing human. You can tell the people USCIS has seen through. You want to adjudicate my case here which is done and resolved when you can’t obviously even move forward with yours. Maybe you should try to do some introspection. It sounds you are seeking asylum for being annoying.
As I said, the universe has a wonderful way of resolving things. Your bitterness and obvious anger is only going to send you into further darkness. From your first post to your current one, I can obviously see that you are a problematic person. I recommend you get your act together because if you are this way in the comments, USCIS will clearly see through you already and determine where you truly belong.
Enron Sierra,
I apologize.
We both offended each other yesterday, and I forgave last night before bed time.
I have no intention of knowing who you are, or to sabotage you. That’s not who I am.
I responded in the manner I did because I felt very offended . I should have known better.
Once I again, I sincerely apologize.
I hope you obtain your GC soon, and best wishes to you in the USA.
Hi Jason,
Pending asylum case applicant are counted as undocumented? I think we are not in this 11 millions. Please say something! My frustration is beyond of everything now.
The bill is 350+ pages. I will red through it, hopefully stay awake, and let you know. Take care, Jason
Jason,
Of all the uscis cases the worst of all delayed processing time is that of i730. It is inhuman! A persecuted person who left his children and families for years, who has a restriction of outside us traveling ought to have a priority. The citizens, green card holders.. and all other petitioners who has the right to traveling anywhere, has better processing time than the asylees. We are made to be traumatized severely, I feel like it’s like punishment or revenge. Back in days it was one of the fastest cases to be processed like 7 months, but now it’s hell !
May God help us !
Agreed – and I think this should be a big focus for any lobbying efforts. I also would like to see an asylum expedite process that actually works and has some rules with first priority going to separated families, especially where there are young children. Take care, Jason
And I hope it is a positive outcome for you.
Thanks for responding.
My asylum decision was mailed and should have arrived yesterday, but I am not home to know what it say, is there a different way to find out? I feel very nervous and sick not knowing what is says. Case status online doesn’t have any information other than “decision has been mailed”
Hi Onamine,
When did you interview, and if you don’t mind, which office did you interview at?
@Tina July 2019 was my interview , in St. Louis MO. I think that would be a field office 🤷🏾♀️. And I applied for asylum 2015.
I hope it is a positive outcome for you @Onamine
There is probably no definitive way to know without seeing the letter. I suppose you can try emailing the asylum office and asking. I’ve emailed them many times and they only ever told me the results of a case once by email, so it is possible. Good luck, Jason
Thank you ,
The address on the envelope was from office of chief counsel and was hand written, my name and address was also hand written. Have you experienced this before? I always thought letters will be typed.
It is not uncommon – we do get mail from the different government offices where our address is written by hand. Take care, Jason
Omanine,
Hope you have a good outcome. You are so lucky as they have a least issued a decision. I will have been waiting for a decision for 5 years soon