The U.S. Citizenship Act of 2021 is finally here. It was unveiled last week by Senator Bob Menendez and Representative Linda Sanchez. The bill is very ambitious in scope, and aims to legalize about 11 million people, including “undocumented” immigrants, Dreamers, and people with Temporary Protected Status.
The odds-makers in the media seem to give the bill little chance of passing through the Senate, which requires at least ten Republicans to join with all the Democrats and Independents in order to overcome a filibuster. Some Senators (notably Lindsey Graham) have signaled a potential willingness to support a smaller bill–maybe one that would legalize Dreamers (also known as beneficiaries of DACA). This dilemma–which proponents of immigration reform have faced for decades–is nothing new: Go big and have more trouble passing a bill, or go small and help fewer people. We will have to see how things go, and certainly immigrant advocates need to be lobbying for a more comprehensive bill.
The bill itself is over 350 pages long and covers many different aspects of immigration. In this post, I will focus on a few points that directly affect asylum seekers. You can find basic summaries of the entire bill at Vox and Wikipedia, and a more comprehensive summary from blogger extraordinaire Greg Siskind. Here, though, we’ll stick to discussing only those provisions that relate most directly to asylum seekers.
Let’s start with the big one: The path to citizenship for “undocumented” people who were physically present in the United States prior to January 1, 2021 and who are still here. Before the text of the bill was released, there was speculation about who counted as an “undocumented” person. It was unclear whether people with pending asylum cases would fall into that category, and whether they would be eligible to benefit from the bill. Now that we have the bill itself, it seems that most asylum seekers would be eligible for a Green Card under this bill, including many asylum seekers whose cases are in Immigration Court.
Basically, the bill covers everyone who was here prior to January 1, 2021 and who was not in lawful non-immigrant status. This means that if your only status was asylum pending, you are covered by the bill and–if it becomes law–you would likely be eligible to get a Green Card. However, if you have a pending asylum case and were also in lawful status (on an F, J or H1b visa, for example) until January 1, 2021, you would not be eligible for a Green Card under the Act. One exception to this rule is that spouses and children of people eligible to get a Green Card under the bill may also be eligible to get a Green Card themselves, even if they were in lawful non-immigrant status. Another exception applies to certain people in valid non-immigrant status who are involved in the response to the pandemic.
In a sense, it seems unfair that people who maintained lawful status are being “punished” by being excluded from eligibility for a Green Card. On the other hand, since most asylum-pending people would get a Green Card under this bill, the backlog should largely be cleared up, and any remaining asylum cases should move through the system rapidly. So in that sense, even those asylum applicants who do not benefit directly would benefit indirectly.
It is important to note that not everyone who was “undocumented” prior to January 1, 2021 would be eligible for a Green Card. People with certain criminal convictions, national security issues, and some prior immigration violations could be ineligible.
In sum, if the U.S. Citizenship Act becomes law, the large majority of people in the asylum backlog (at the Asylum Office and in Immigration Court) would become eligible for a Green Card. The path to a Green Card is not fast–the new bill creates a status called “lawful prospective immigrant,” which allows a person to live and work in the U.S., and travel overseas for limited periods of time. In practical terms, lawful prospective immigrants would have most of the benefits of Green Card holders. After five years, such people could apply for lawful permanent resident status (i.e., a Green Card).
Another piece of big news in the bill is that it would eliminate the one-year filing requirement for asylum. For anyone previously denied asylum solely because of the one-year bar, the bill gives them two years to reopen their case and obtain asylum. This includes people who received Withholding of Removal (which is a common–and inferior–form of relief for asylum applicants who miss the one-year bar).
The new bill would also reduce the time asylum applicants must wait for an Employment Authorization Document (“EAD”). Currently, the law requires that an applicant wait at least 180 days after the asylum case is filed. Pre-Trump, the regulations (which interpret the law) allowed an applicant to file for the EAD after 150 days, but the EAD itself could not be issued until at least 180 days had passed. Last summer, the Trump Administration changed the regulatory wait time to 365 days, but that has largely been blocked by a court. Under the new bill, the maximum wait time before filing for an EAD would be 180 days, and DHS could issue regulations allowing asylum applicants to apply for an EAD anytime before then.
The bill states that “employment authorization… shall be valid until the date on which there is a final denial of the asylum application, including any administrative or judicial review.” Whether this means the actual EAD card will be valid for the duration of the case, or whether asylum applicants will need to renew the EAD card periodically, I am not sure. But it does extend EAD eligibility through any federal court review, which is something new.
For people who have Withholding of Removal or relief under the UN Convention Against Torture, the validity period of their EAD will be extended from one year to two years. Since both these statuses are effectively permanent, it would be better to extend the EAD even longer, but this is certainly an improvement over the current state of affairs.
The bill also authorizes additional funding for asylum in order to reduce the backlog.
Finally, there are other provisions that are probably less relevant to most readers: Strengthening international relations to better manage asylum and increase capacity in other countries, programs to dissuade potential migrants from coming to the U.S., improved asylum processing at our Southern border, and more grant money for non-profits that assist asylum seekers and refugees.
This bill is not perfect, but it would provide relief and legal status for millions of people–including many asylum seekers–who are currently in limbo. Let’s all resolve to do what we can so that the U.S. Citizenship Act of 2021 becomes law.
Dear Jason, I am thinking to seek asylum in US after I legally fly over but my reason is more to commercial cases but I have not been charge yet. Is it possible to obtain asylum?
It depends on the case, and I cannot tell from your message. You have to show that you face persecution (usually physical harm) in your home country (there are other requirements as well). Maybe you want to talk to a lawyer to evaluate the strength of a potential claim. Take care, Jason
Hi Jason,
I have a pending asylum case since 2014 and still waiting for interview.
I contacted the USCIS so many times and still no results, all they say is waiting.
What do you think I can do at this point?
If all else has failed, you can file a mandamus lawsuit to try to force them to give you an interview – we wrote about that on October 2, 2018 (in the context of getting a decision, but the idea is the same). Take care, Jason
Hi Jason,
My asylum case is pending since 2016 and I am still waiting for the interview date. I read your blog on the U.S. Citizenship Act of 2021. Per this act, one has to wait for 5 years to get GC; unlike asylum approved case where one can get GC after a year. That is a drawback for those that have been waiting for years.
I am considering submitting a request to expedite my pending asylum case including complete declaration and supporting documents and seek an interview. If my expedite request is approved, I might get an interview date. However, at the interview if my case is denied and I have to appeal in court, I presume I will still be eligible under this act. Correct?
I am confused and would appreciate your suggestion. Should I submit a request to expedite my pending asylum case and seek interview request OR rather wait for the act to be passed because that maybe more favorable? OR it can’t hurt to submit an expedite request for an interview date. Please advise!
Thanks!
It is very unlikely that act will ever be passed, but if it is, I think people in court would still be eligible. If that is correct, there is no harm in trying to expedite (at least from the point of view of that particular proposed law). Whether there will be any other reform that passes and that would benefit you, I do not know, but historically, whether a person is in Immigration Court or not, they are able to benefit from changes in the law. So I would go ahead and try to expedite and not worry about whether it might disadvantage you in the event that some type of immigration reform actually becomes law, since it most likely will not be a problem (also, the chances of any sort of immigration reform are looking increasingly unlikely). Take care, Jason
Thanks much for your prompt, detailed and clear response. Appreciate it!
I am pending asylum case for eight years now, Do you have any update on this bill? or do you have any news about the interview?
Thank you
There are no updates on the bill and it is probably going nowhere. In terms of the interview, that seems much longer than almost anyone to wait. You should contact the asylum office to ask about the case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi.
My asylum case file August 2015 I don’t receive my interview yet. you have any update when I get my interview?
Things are still slow, and now they are prioritizing interviews for Afghans. So if you are from Afghanistan, you may get an interview soon, or you can try to expedite your case and probably they will expedite. If you are from somewhere else, you likely will not get an interview soon. You can still try to expedite, but it seems to be more difficult to expedite non-Afghan cases (and by the way, though they are expediting Afghan interviews, they are not necessarily interviewing Afghan decisions, so they are not really helping anyone, at least so far). I wrote about expediting in general on March 30, 2017, and you can try. Take care, Jason
Hi, I applied for asylum 2019,and got married to a US citizen same year. My asylum is pending and my husband filed the 130 was filed 2019 and applied for a marriage based greencard, work permit and social was filed 2021. But am yet to hear or receive anything from them based on SSN and work permit. How long is all this gonna take?
Thanks Lynda.
You can check the processing times for the I-130 and I-485 at http://www.uscis.gov, but my recollection is that your case is still within the “normal” processing time. Everything is moving quite slowly. If you are outside the posted processing time, you can call USCIS at 800-375-5283 and see whether they can assist. Also, in some rare cases, the asylum case seems to interfere with the GC case. You can email the asylum office, inform them about your GC case, and ask whether they need to send your file to USCIS. You can find their email if you follow the link under Resources called Asylum Office Locator. After you check the processing time, and if the case is outside of that, I would call USCIS first and if that does not help, then email the asylum office. Take care, Jason
Hello,
I filed my asylum January 2021, had my interview in Arlington, VA April 2021.
DECISION STILL PENDING.
How long maximum could take for receiving decision? If i inquire about my case does it effect me?
When i can apply for work permit and SSN? 180 days after filing or 365 days?
Wait times are unpredictable. We just received a decision yesterday for a case that was interview in September 2014! At least it was a grant, as waiting for seven years only to be denied would have been very rough. Anyway, most cases in Arlington are resolved more quickly than that, but it is not predictable. Some cases take a few weeks, most take several months. In terms of the work permit and SSN, you can file for that 150 days after your asylum case was received by the asylum office (the date is on your receipt). But to file after 150 days, you must be a member of Casa de Maryland or ASAP – information about those organizations is available in a post I did on September 23, 2020. If you are not a member, you have to wait one year after filing for asylum. Take care, Jason
Hi Jason,
I am a pending asylum seeker and being working and paying taxes for the last 4 years. So when this bill gets approved, do I have to wait another 5 years to get the green card, or will they consider my 4 year tax filing and good moral character (no violations and no crimal records) and get the green card in one year’s time
I doubt this bill will be approved, but you never know. If it is, my understanding is that you would not get credit for the time you already waited. Take care, Jason
Hi Jason,
I have a pending Asylum case and i got married and have 2 children now slso have a GC application in process. I already have my EAD with my GC application. If I want to close the Asylum case can i ho a great and do that?
Thanks
Lungi
I normally recommend that people close the asylum case after they have the GC, since then you can present evidence to them about your new status. You can email the asylum office to ask about withdrawing your application. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I have a pending Asylum case and i got married and have 2 children now slso have a GC application in process. I already have my EAD with my GC application. If I want to close the Asylum case can i ho a great and do that?
Thanks
Lungi
Hello Jason, since the arrival of Biden administration have you seen or heard about a quicker turn around for N400 applications. And generally what is the processing time for these. I am based in California & applied in the Phoenix office with the interview to be done in Fresno, CA. Please advise, thanks.
We only have a few of those pending and I have not noticed anything different. I expect that will take time to change, but they have indicating their interest in reducing the N-400 backlog, and so hopefully we will start to notice some progress soon. Take care, Jason
Hi Jason
I found very helpful article, I am a asylum seeker . I came to USA with my tourist visa on 3rd of March 2021. I am going to apply my asylum claim tomorrow but 1 thing really makes me worry that how soon I will get the work permit to support myself. I am living with my friend but he cant help me for long time. Would you please let me know what are processing timing to get the work permit.
Regards
Jeremiah Hial
If you get an interview quickly (which some cases do – but most do not) and get a positive decision, you will have a work permit at that time. If, like most people, you do not get a quick interview, the soonest you can apply for a work permit is 150 days after the asylum case is received (the date will be on your receipt). It then takes a few more months to get the work permit. However, to apply after 150 days, you have to be a member of either ASAP or Casa de Maryland. I wrote about that on September 23, 2020 (including links to join one of these groups). If you are not a member, you have to wait one year to apply for a work permit. Take care, Jason
Hello
I came in with a student visa in 2015 also filled in for Asylum same year, I haven’t being called for any interview yet, am married with a kid, my husband is a citizen, currently filling for me.
issue is that my current EAD will expire in 08/2021 and am not sure if i should wait till we get a response from USCIS or renew my EAD based on Asylum.
Secondly, not sure if there is any other form i need to summit before getting EAD based on married or I should renew my EAD base on Asylum
Please advise on the next step that need to be taken,
Thank you,
Temi
It’s up to you. If you file for the asylum EAD, your old EAD will be automatically extended when you get the receipt. On the other hand, you have to pay for that (or do a fee waiver). If you file for the EAD that comes with the I-485, it is basically free (it is included in the fee for the Green Card), but you do not get the automatic extension and the marriage-based EAD is only valid for one year. If you are filing now for the GC, you will probably get the marriage-based EAD by August, but it may take longer than that, and so if you are very concerned about having a gap on your ability to work legally, you probably should renew the asylum-based EAD. Take care, Jason
[…] be allocated for the backlog. But it seems to me, we are a long way from that point. As with the U.S. Citizenship Act of 2021, immigration is a hot-button issue, and so it’s not easy to believe that the […]
Today I was reading news about a group of Democrat lawmakers asking Presiden Biden to include the Essential Workers path to citizenship into the Infrastructure bill to be presented to Congress this week for adoption. Let’s pray for this to be done because it concerns directly asylum seekers whose files are trapped into the backlog. I think most of these asylum seekers are essential workers and this would be the best way to address the issue. Does anyone have any concrete knowledge on this?
I have not heard about that yet, but it sounds like a good idea. I do not think most asylum seekers will be considered essential workers, but many will, and if they could obtain status, that would reduce the backlog for those who remain. Take care, Jason
Hello Jason:
I’m a granted asylee (asylum approved in July, 2019), and I applied for green card last year (August, 2020), but I’m not getting anything about it after fingerprints in this January. Do you have any information about processing time on green card application since the pandemic? Also, I need to change my social security card from restricted to non-restricted, how can I do that? And what kind documents do I need to provide for it? Thank you!
Best regards Tom
I think the processing time is 1 to 3 years, and so it is probably still just pending. Unfortunately, these delays are now normal. In terms of the SS number, I think you can show evidence of the asylum approval to the SS office and they can issue an unrestricted card (with the same number). I am not sure how it works in the pandemic, but you should be able to contact them to inquire. Take care, Jason
Hello Jason!
I’m sure your remember me, I’m your client.
I just read your blog and this sounds to good to be true.
Is that for real? So that mean that will be able to become a Permanent Resident (I have been “Asylum Pending” Since 2015) if this bill passes the Senate and then becomes a law?
Thanks!
The bill would have to pass the Senate, and that does not seem very likely, but if it does, many people would qualify for a GC. It depends on the specific case, and so we will have to see what happens if the bill passes. Take care, Jason
Hi Jason,
Thank you for much for explaining some of the proposed changes in this administration.
I was wondering if the act say anything regarding processing time for new asylum seekers who are already in the US? During the Trump administration, there is an ‘accelerated reviews’ schema where cases of asylum seekers who arrives last to receive a decision on the outcome of their application in a couple of weeks. Has that changed now? What do you think the waiting time will be for applicants who arrives after January 1, 2021?
Thank you!
It says nothing about that, and affirmative asylum seekers were not even considered when this bill (or others) were proposed. We are seeing more LIFO interviews lately, but other than that, I have not heard about what actions are being taken to address the backlog or improve interview times for new cases. I think much of that depends on progress towards alleviating the pandemic. Take care, Jason
Hello, and thanks for your helpful blogs and comments. I found this website very helpful and rich in good articles and information.
I just want to know if there are any benefits from this proposal to a person who is granted asylum and waiting for the one year period to file for the GC? And if there is any suggested pathway for those who have granted asylum after years of waiting?
Thanks!
Does the bill that has passed in the house and awaiting to pass in the senate include also asylum seekers with pending files or it is only concerned by Dreamers, TPS and Farmworkers? I hope people with pending asylum files could also be included.
Some asylum seekers might benefit, but only those who also have DACA and (maybe) TPS, since asylum seekers are not specifically targeted (this is based on my reading a summary of the bill; I did not have time to read the bill itself). The new legislation is a much more limited bill than the Citizenship Act of 2021. Take care, Jason
In the proposed bill? I think it would not help with the GC, but it might reduce the waiting period to apply for citizenship by one year. I am not sure, though, as I do not remember whether the three-year thing only applies to people who get the provisional status through the bill or if it applies to everyone. Take care, Jason
Hi we came in April 2015 via h1b visa and in 10 months we applied asylum.. got i589 then wd got EAD but no interview or anything.. till now we are in backlog ..do we stand in new bill Act2021 for green card?
If your H1b status ended before January 1, 2021, I believe you would qualify for a GC under this bill. If you were still in H1b status after January 1, 2021, I believe you would not qualify. But it is just a proposal and so we will have to see whether it becomes a law. Take care, Jason
Hie Jason
I am an Asylum seeker who is legally staying meaning that I have filed my intentions within the given time and have work authorisation. I don’t know where I stand though. The question is am I eligible for green card.
Based on the proposed law? If that passes, and if your only status prior to January 1, 2021 was asylum pending, I think you would be eligible for a GC. It would have to pass into law first, though, and as of now, it has no effect for anyone – it is just a proposal. Take care, Jason
It is important to note that not everyone who was “undocumented” prior to January 1, 2021 would be eligible for a Green Card. People with certain criminal convictions, national security issues, and some prior immigration violations could be ineligible.
———————
Dear Jason, could you please elaborate more on this, specially on what is considered “immigration violations” ???
I was thinking of people who had been found to have submitted a false asylum claim, but it would also apply to people who engaged in other types of fraud. Whether people with prior removal orders would be ineligible, I do not know, but it may depend on the case. Take care, Jason
I was thinking of people who had been found to have submitted a false asylum claim, but it would also apply to people who engaged in certain other types of fraud. Whether people with prior removal orders would be ineligible, I do not know, but it may depend on the case. Take care, Jason
Hello Jason,
I have a question regarding my case. I had my interview in 2018 and the officer informed me that I had to come back and collect my decision after a week or two. Later that same week she called me to inform me that the decision was going to be mailed to me instead and I did not have to return to the office.
Since then I have been waiting for the decision. Would you recommend I do a case inquiry ? or does moving to a different state and moving case to a new office help expedite the decision ? What would you recommend I do.
Looking forward to your response. Thank you !
It is common for a “pick up” decision to change to a “mail out,” but your wait has been pretty long. You can email the asylum office to inquire about your case. You can find their email if you follow the link under Resources called Asylum Office Locator. In terms of moving, since you were already interviewed, that office should make the decision in your case even if you move, so moving will not have any effect on the time frame. If you do move, make sure to submit a form AR-11, available at http://www.uscis.gov. Take care, Jason
Good morning,
May you please explain more about how moving to another state after the interview would not affect having the decision from this office?
As some other attorneys say and it is their words “ to stay physically in the same state until you get the decision “.!
Are they relaying on legal materials or is it just self diligence?!
It is very important matter and a decision to make.
Thanks,
Once you are interviewed, that asylum office makes the decision, whether you move or not. If a second interview is required, that would take place at the new asylum office, but second interviews are not very common, and even if you needed one, there is no way to predict whether it will be slower or faster at the new office. Maybe that attorney is concerned about the Asylum Office failing to update your address, which is possible. But that has not been a problem for any of my cases lately, and if you have a lawyer, both you and the lawyer will get the decision, so this is less of a concern. Take care, Jason
Hey, i just wanted to share my experience with you. I was in the same boat in 2017. I had my interview and i was told to come and pick up the decision in two weeks. However, i was later told that the decision will be mailed to me instead. I waited two years for the decision and i was finally approved. I came to understand that when they tell you they will mail your decision, it means you have been granted asylum and they are doing a background check on you. The background check sometimes takes a very long time especially if you are from the arabic countries or you’ve lived there before. I’m definitely sure that your case has been approved. Just wait for them to finish the background check and you will be granted if it comes out clean. Good luck
I would caution that not all delayed cases or cases that were changed from a pick-up to a mail-out are approvals. Hopefully, that is the case, but you don’t know for sure until you receive the decision. Take care, Jason
Hi jason,
I came in a tourist visa and applied for asylum within 4 months ie in March, 2020. No interview till date. Am I eligible for the green card, if it becomes the law ?
Thank you!!
Hi jason,
I came in a tourist visa and applied for asylum within 4 months ie in March, 2020. No interview till date. Am I eligible for the green card, if it becomes the law ?
Hi jason,
I came in a tourist visa and applied for asylum within 4 months ie in March, 2020. No interview till date. Am I eligible for the green card, if it becomes the law.
I think you would be, since you were out of status prior to January 1, 2021. Take care, Jason
Will People with Affirmative Asylum applications pending over 5 years eligible for Green Card when it becomes law?
Thanks
If it becomes law, anyone here prior to January 1, 2021 who was out of status would be eligible (and asylum pending is not considered a status for this purpose), as long as they do not have criminal or immigration issues that block them. Take care, Jason
Hi sir
Thank you for the valuable information.
1 question
The 5 year path way to be citizen will be started counting from the day when the bill passes or the time when Alien files the case ?
It’s been 5 years that my case is pending , no interview nothing.
Physical fear of torturing in back home
And
Mental fear of torturing here unfortunately
I think the path to citizenship in the proposed bill is 8 years (plus waiting time to process the case, presumably). And I agree – some of my clients suffer more here than they did at home. Take care, Jason
Hello Jason, is there any link or place where we can support or vote for the immigration reform bill to pass faster?
Thank you so much.
At this point, you can contact your Congress person’s office about it and tell them to support it. I am still waiting to see what type of organized effort they will have for lobbying, and I will try to post something when I know more. Take care, Jason
Hi Jason,
I moved from Phoenix, Arizona to San Francisco for a new job. I also want to hire a new attorney here in San Francisco since local attorneys are more familiar with the local asylum officers and courts and judges. How can I cancel the form G-28 that I filed with my previous attorney in Phoenix, Arizona.
I have an appointment with my new attorney next week if he decides to take my case. Would I just need to submit a new form G-28 to Asylum Office mentioning my new attorney. What are the steps of cancelling an old attorney and assigning a new attorney for your asylum case.
How should I let the Asylum office know that I have designated a new attorney for my asylum case. Would I need to just send a new form G-28 or do something else as well?????
When I do that, I submit a new G-28 by email and I inform the asylum office that I am the new attorney. They should respond to confirm, and this seems to be the best way to do it. If you want to get rid of your old attorney faster, you can email the asylum office now to tell them to remove him from your case, but if you are getting a new attorney soon, it is probably best to wait for that. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you for this great blog! I have a question regarding my husband’s case. We both applied for asylum 6 years ago, I received my receipt but he never received his. His work permit and driving license is through TPS which is labeled as pending TPS, which is also different than mine ( mine is not pending). Our lawyer doesn’t know why this is happening and I was wondering if you know what it could possibly be and if there is anything we can do about it.
Thank you!
Best,
One place to start is to email the asylum office to ask whether he has a pending case. There is a difference between being a dependent on an asylum case and being listed on the I-589 form. To be a dependent, you had to submit some additional documents, including a signed page 9 of the form I-589 for him (signed by him). If you did that, he should be a dependent with his own Alien number and he should be eligible for an EAD based on the pending asylum. If you did not do that, you can add him to the asylum case (through a process that is often slow and annoying). Anyway, you can email the asylum office to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. You can also request a copy of your file – use the link called FOIA USCIS. That should also get you the information, but it will take months. Take care, Jason
Dear Jason,
Thanks for all your help. I have 2 questions:
1- While contacting USCIS for a case inquiry via email, should I use any specific email addresses? (As we do not have any registered email address with USCIS right?) Should any other information be provided in the email other than the Case Number?
2- While completing the form 7001 for USCIS Ombudsman, it asks for uploading any documents sent and received to and from USCIS as supporting documents. So should we upload the whole Asylum Case and supporting documents of the case to them including all letters received from USCIS?
Thanks,
1 – The inquiry is an online form, and so it asks you for a bunch of information and you can give them whatever they ask. You can also create an account with USCIS, and use the same email as you use for the account. 2 – I think they are referring to communications about the delay (or whatever the problem is). I have never sent them an entire case, but check the instructions to see if they explain what they need. Take care, Jason
Thanks for your reply Jason, I am not sure which form are you referring to for making the inquiry. Isn’t email/mail the only option for contacting the USCIS office regarding a delayed pending asylum case? The receipt number of Asulym cases does not work on the e-request form, so I wonder which form are you referring to for the inquiry?
Maybe I misunderstood. For an asylum case, the only option to inquire is to email the asylum office directly (or call, I suppose, but that never seems to work). You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I am also in a similar condition, do you recommend sending an electronic mail to inquire about my pending asylum case or send a physical mail? In any case, should I just tell them I have been interviewed and when I should expect a decision or I should add more descriptions of my condition and how difficult the waiting is in my letter? Thanks
I always send an email. Just give them your name and Alien number, date of birth and home country, and date of interview. Ask them if there is any update in the case. I keep those emails short. Usually, the response is not helpful, but there is no harm in asking. Take care, Jason
Jason I would like to thank and appreciate you for all things you have done for the asylum community. It means a lot to us. I have a question regarding ead renewal fee. I sent my ead renewal form I765 last month unfortunately I forgot to include the $ 85 bio metric fee and I only sent the $410 regular fee. what options are there to pay the rest fee or do I have to fill out the form and send it with a new full payment?
Take care
I am not sure what they are doing with such cases – they may send everything back to you, or maybe they will request the additional fee (or maybe they will just process the case). If you join ASAP or Casa (two non-profits), the fee is only $410 – I wrote about that on September 23, 2020 and the I-765 web page also has info about that. If you get the receipt, maybe you can submit proof that you are a member of one of those organizations, and then the $410 would be correct. Unfortunately, things are quite slow, but if they are going to return the form, it would be better if they did that, you corrected the fee (or joined one of those organizations), and then re-sent it. I suppose you could send a new application, with the idea that they will reject the first application, but I am not sure that will happen. If you do send another application, make sure to explain about what happened the first time. Take care, Jason
Thanks a lot.
Hi Jason
Last year I was granted asylum and now I wanted to apply for GC . This time because Of hard period , I decided to do by myself . I have a question: in form I-485 , what is question number 12 ?receipt number of underlying petition?
If you are applying based on asylum, there is no petitioner, so you can write N/A. Take care, Jason
Thanks
What is the status of the Arlington Office? Still slow?
Yes, though we have seen a bit of movement there lately – I have a second interview for a case tomorrow and a LIFO interview next week; we have also had a bit more luck with expedite requests. Overall, though, things are very slow and it is hard to know if this is just a blip or the beginning of a trend. Take care, Jason
But , dear jason … in regards to the bill not passing . Does president Biden not have the authority to at least pass section 1206 to reduce the naturalization wait time to 3 years and also change asylum scheduling back to normal , these two by executive order ? This is the least they could do for immigrants waiting forever …
Hello Jason,
Thank you for my previous question answers. We are in the process of filling EAD application.
As I said earlier, my case was referred to Immigration Court. What I have to fill here.
25. Your current Immigration status or Category( For example B2 Visitor ,deferred action or no status)
Previously I mentioned “Asylum pending” but now my case has moved to IJ, so totally confused,
what I have to mention for this question? Can you help me?
For our clients in court, we also normally put asylum pending, as the application for asylum is still pending. I suppose you could also put something like B-2 expired, as that is also accurate, but we normally write asylum pending. Take care, Jason
The President has certain authority to make changes within existing law, but to make major changes, we need a new law, which requires Congress and the President. In this case, the President would not have the authority to change the rules related to naturalization or Green Cards. This needs an act of Congress signed by the President (in other words, a new law). Take care, Jason
Hi Jason,
Thank you so much for this article. My husband and I were really hoping the new administration would do something like this; now we hope it passes. Please I have 2 questions: My husband and I are asylum seekers with pending asylum status and no interview for 4 years now, we have EADs and file our taxes; would we qualify for Green cards according to the language of the bill? Also since renewing passports is a bad idea for asylum seekers and ours have expired, are we viewed as stateless persons while not having a passport? Thanks once again, we appreciate all you do!
It sounds to me like this bill would benefit you if it passes. It also sounds like you are still citizens of your home country, even if you did not (or cannot) renew your passports. If so, you would not be considered stateless under the law (even if you are – in some ways – in the same position as a stateless person). Take care, Jason
Jason, thank you for providing such detailed and clear information about this bill. If it passes, it will be such relief for us, asylum seekers, but I still feel that it’s not completely fair for those stuck in backclog. I know a couple of people who applied for asylum after LIFO, got their interviews and asylum approved, some of them even will be applying for citizenship next year, and people like me(stuck without interview for 4 years now) have to wait for this bill to become a law, and even if it’s passes ad it is, God knows how long it will take for them to process all documents and etc. So path to citizenship in 4-5 years will be on paper, in reality there will be another backlog to receive this status, so most likely waiting time will be 10+ years. Wouldn’t it be better if they count in our waiting in backlog years and give us greencard/citizenship according to it. This way people who’re waiting for the interview 7+ years wouldn’t have to wait more but get their citizenship now?
I agree that something needs to be done to help asylum seekers, especially if this bill does not become law. I also agree that the system is unfair, but having observed things for a while now, I think fairness is not a concern for most decisionmakers. At this point, we just need something to be done to give people relief. Hopefully, and against the odds, this bill will move forward, as it will help many people. Take care, Jason
During the Trump administration, I was denied asylum after waiting for five years for an interview and two years for a decision. I was then referred to immigration court. Under the new immigration bill, would I qualify?
Most people in court prior to January 1, 2021 would probably qualify under the bill, but it has to become a law first. Take care, Jason
Hi Jason,
Thank you for your support, I would like to suggest you if you can select some of the testimonies on this blog and send it to Whitehouse so the president can read it, it’s very painful to see peoples waiting for the interview for soo many years and be separated from his family ….when I read peoples waiting for 7 years for the interview it’s inconceivable you should have a bad heart to not react ….
Some lobbying efforts have begun with Congress and I expect there will be lobbying of DHS as well. Some asylum seekers are involved in those efforts, and I am hoping to write about ways people can get more involved in the effort, once I know more. Take care, Jason
Hello Jason: Will you be able to write something about the Citizenship for Essential Workers Act, if you get any information about the bill. thanks
I probably will not write about that unless it directly impacts asylum seekers. I have a feeling there is going to be a number of bills, and once we have a better idea about what might realistically pass, maybe I will write about that. Take care, Jason
Hello Jason,
Would someone that was referred to court on the 12 of January 2021 be eligible for the LPR status.I really pray this bill passes.
Thank you for all you do
Maybe – if they were in the US and out of status prior to January 1, 2021, and are otherwise eligible, they should qualify, assuming the bill passes. Take care, Jason
Hi Martha,
7 years seems a longtime to wait and It seems unfair that your case was referred to court after waiting for 7 years. I am also waiting for 5 years and my interview has not been scheduled yet and now after reading your comment I am afraid that something similar might happen in my case as well. Just out of curiosity what country are you from?
Was there any particular reason that your case was referred to court after waiting for such a long period of 7 years?
I am from East Africa. But don’t worry. I know that the reason I was sent to Court was because it was during the Trump era. The system was broken, everyone almost was denied and sent to court. it didn’t matter whether you had credibility, they were sending us to court. So, i had bad luck and my case fell in the wrong hands. That is why i am fighting to see that people who were unfairly sent to court are considered during the new bill.
Designing a Trauma-Informed Asylum System in the United States (2021)
“Our asylum-seeking clients have survived multiple traumas in both their home countries and, also, often while fleeing for safety,” said Alison Beckman, M.S.W., L.I.C.S.W., CVT senior clinician for external relations. “Once they arrive, many asylum seekers in the United States enter into an asylum process that traumatizes them further: many are detained for long periods of time in prison-like settings AND are subject to interrogative-like interviews where they are tasked with “proving” their stories are real, despite a lack of available objective evidence and with memories impacted by trauma. Many more wait for years in ambiguity, often separated from family members who remain in peril in their home countries, to be interviewed and for a decision.”
“The asylum process itself should be an extension of the spirit of asylum which is to offer protection, not to further traumatize an already traumatized person,” Beckman added.
https://reliefweb.int/report/united-states-america/designing-trauma-informed-asylum-system-united-states-2021
Thank you for this information. As a matter of fact, the trauma extends to sociological, psychological and mental breakdown. Our selfworth is questioned due to uncertainty and displacement. Most asylum seekers and those denied asylum today and awaiting court, have developed high pressure diseases, mental instability and suicide attempts. During the Trump administration, the trauma of being denied asylum based on bias of denial to all was another problem. Today, due to Covid, there is still a lot of waiting. Despite all that, asylum seekers and those awaiting court dates are not priority on the list. To me I think people who had been denied asylum during trump administration should be made priority because their asylum cases were denied as a measure to deter asylum. That way, fairness would be served to asylum applicants who have been subjected to waiting, denial, antitcipation and possibly facing deportation. We hope Biden looks into that.
The asylum process itself should be an extension of the spirit of asylum which is to offer protection, not to further traumatize an already traumatized person – I like that. Thank you for posting, Jason
How the Asylum Backlog Affects Torture Survivors and What the Biden Administration Can Do to Fix It
“I don’t care if they torture me again! I don’t care if they kill me! I’m going back to my country… I need to hug my babies. That’s all that matters. I just need to hug my babies!”
Reinstating the FIFO policy would show consideration to asylum seekers who have put their faith in the United States and waited a long time for protection. Many asylum seekers have been “essential” to our communities during the COVID-19 pandemic. In our moment of need, they contributed as taxi drivers, health attendants, delivery people, farm and meat plant workers, school aides, and so many other ways. Their commitment to the United States is deserving of our esteem and gratitude.
The Biden administration should honor their service with the re-institution of the First-In, First-Out policy. This will afford asylum seekers the opportunity to move forward with their cases and their lives, and it will remove the stigma of the “other” family separation crisis from our national conscience. This might not be enough to address the backlog on its own, but it is a viable first step to address an unfair policy that was created to discourage and curtail the due process of asylum seekers.
https://cmsny.org/publications/asylum-backlog-fifo-smith-022521/?gclid=Cj0KCQiAvvKBBhCXARIsACTePW-FZLe1kaabEAcC4YechV-AK6BZJum6XpExS_SqxkZ4YbYhkE4Tn48aAogcEALw_wcB
Hello
There is immigration reform bill. Fine. when can we hear if the bill pass or fail. what is the status of the bill in congress. when can they decide.
waiting for the decision about the bill is killing me.
There is life outside USA. but pending case does not help to make a decision. we get trapped which leads to depression and suicidal thoughts
We will like to know if we can be heard , interviewed and either win or loose our case.
Unfortunately, there is no time frame for the bill. As I see it, if it does not pass by early 2022, that will be the end, as we will be moving towards the 2022 elections at that point, and so passage will become less likely. And yes, we have a fairly idiotic system of government. Take care, Jason
Hi, I came to the USA with a tourist visa, applied for asylum, and referred to the court. I don’t have any other kind of status. Did you have any client who is asylum applicant and get the green card by lottery (diversity green card lottery)? As I know, asylum applicant can’t get green card by lottery because he has no valid status in the USA. Is this information true?
I did a post about this on October 5, 2015. The short answer is that since you are out of status (and in court), it will probably be very difficult for you to get a GC based on the lottery. That said, there is no harm in applying to the lottery, and then if you win, talk to a lawyer to see if there is any way to make it work. Take care, Jason