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.
I came across the below article confirming that the senate and congressional democrats introduced a bill the could include many people
https://www.google.com/amp/s/www.sfchronicle.com/politics/amp/Sen-Alex-Padilla-s-first-bill-would-offer-15982395.php
I hope this will be helpful for some section of the community. But I couldn’t find the bill itself.
Thanks
I think he has a bill for essential workers. It is interesting in that he is not waiting for any progress with the bigger bill (the US Citizenship Act). I wonder if a smaller bill like this would take some of the wind out of the sails of the bigger bill. Take care, Jason
Thanks Jason,
Yes, if the essential workers include over 5 million people that is significant. In addition, I feel like this is politically popular which might be what the Republicans might accept. Thanks
Dear mr Jason
I want to ask an important question: I have applied to GC. What are the chances of asking me again about my asylum case ? Is it rare to reopen the case or is it happening whenever they call you for an interview ? Thanks
Most principal asylees who apply for a GC do not get an interview. However, it is possible to get an interview, and if that happens, it is possible they will ask about your asylum case. Usually, this is pretty minimal, but it is possible. The same can happen at a citizenship interview and even sometimes when you return from travel abroad. For this reason, it is a good idea to review your asylum case before any interview with USCIS. Again, I have never seen many questions about the old asylum case, but it is a good idea to be prepared, just in case. Take care, Jason
Hi jason,
If this bill doesn’t pass, what else the US president can do to address the Asylum backlog? I think the law requires that a decision be made within 180 days of submitting asylum application but we all know this is unthinkable. and we know that the asylum backlog is not going away and is only going to increase in the future. Does the president have the authority to issue an executive action to grant asylee status or ‘ LPI”, based on background check& filing fee, to those in the backlog with pending cases? As this might clear the backlog and give USCIS the resource and time to address new asylum applicants
Hi jason,
If this bill doesn’t pass, what else the US president can do to address the Asylum backlog? I think the law requires that a decision be made within 180 days of submitting asylum application but we all know this is unthinkable. and we know that the asylum backlog is not going away and is only going to increase in the future. Does the president have the authority to issue an executive action to grant asylee status, based on background check& filing fee, to those in the backlog with pending cases? As this might clear the backlog and give USCIS the resource and time to address new asylum applicants
The law requires a decision in 18 days unless there are extraordinary circumstances (or something like that – I forget the exact language) and of course, now there are “extraordinary circumstances” in ever case. As to the President’s authority, it is a good question. I think an in-person interview is required under the law, but that could potentially be greatly shortened and a decision could be made based largely on the form and evidence. I have not heard about any effort in that direction, but it might be something they consider, especially if the immigration bill fails to advance. Take care, Jason
Dear Jason,
I would really appreciate it if you could share with us the timeline for that new citizenship act to become a law. I mean when should you expect it to move from H representatives to the Senate then to president Biden to sign (if God wills) as it’s now. Also, when it’s in the senate, will it need big majority 60 to 40 votes or just minor majority 51%? I wish it’s similar to the timeline of the current Covid relief act 🙏
Thanks for having you with us and for us
There is no timeline, and I suspect it will have a difficult time passing through the Senate, as 60 Senators would be needed to prevent a filibuster (a procedural move to block a piece of legislation). Perhaps the Dems can do something tricky to get around that, but it would not be easy and I do not even know if all the Dems will be on board for this new law. In short, this is a good starting point for immigration reform, but if and when it gets through Congress, it will probably look a lot different than it looks now. Take care, Jason
Jason,
I think this article is not correct, please provide your comments.
The U.S. Citizenship Act says that “The new pathways are generally NOT available to those who…”, “were lawfully present in a nonimmigrant status”.
A person with asylum pending case has “authorized stay” status, which is nonimmigrant, AND, it does not accumulate “unlawful presence” in U.S. It means, that all people with pending asylum cases have a lawful presence in the U.S. so can not apply for LPI.
Here is what exactly this act says on page 42.
On the ineligible categories: “A noncitizen who, according to the records of the Secretary or the Secretary of State, is in a period of authorized stay in a nonimmigrant status described in section 101(a)(15)(A)”
An asylum application is not a “nonimmigrant status.” Rather, it is an application for a permanent (i.e., immigrant) status. As such, I feel pretty confident I am correct that asylum applicants who have no other status would benefit if the law were passed. I have spoken to a few other lawyers who hold the same opinion, so I think this is correct. Take care, Jason
Thank you Jason!
Crossed the fingers 🙂
Hi Jason,
Thank you so much for your support and direction. My apologies for following question which is irrelevant to this topic.
I have individual hearing in April and we are planning to submit case documents next week. I have requested a letter of support to one of political personality who is also minority leader of my country. However, he is scared of consequences and may be harm from government agencies and intelligence for providing me letter of support for my case. I would like to know how much that would be confidential? And is that true US government will verify these letters and evidences for my country’s intelligence agencies and other political personalities because I am concerned my family is still at back home and I don’t want to get them in any trouble because of me. I will really appreciate your response.
It is confidential and the US government does not normally reveal these documents to anyone, especially people in the home country. That said, I have seen a few examples where the US government did an in-country investigation and it seems some information was revealed (though in all cases, no evidence was revealed directly about the asylum case – though info was revealed that the US government was investigating a particular person). This is very rare (maybe I’ve seen it less than 5 times in 20 years), and I have not seen or heard about anyone having such a problem in probably 10 years or more (in other words, all my examples of this are from more than 10 years ago). So for me, I feel a high degree of confidence that confidentiality will be maintained and that it is safe to submit letters and other evidence to the US government. Take care, Jason
Dear and respected Jason , if this bill were to pass or at least part of it ; how would that section 1206 affect asyless w green cards , can they naturalize after three years if they had three years prior of work permit ? Pese advise
As I read it, people who had an EAD (based on asylum or something else) for 3 years prior to getting the GC will be able to naturalize after 3 years with a GC. I am not 100% sure about that, and we would have to see how it looks if and when it becomes law, but that is how the bill looks to me. Take care, Jason
Hello, Jason
I hope you doing well. My husband applied for asylum in 2015 and he had his interview three years ago with no decision yet. He has TPS , now he is seriously sick with lung cancer stage 4 , all he hopes to see his kids ,no one can imagine how hard it is for a person in this situation who spent the last six years hoping to be with his kids in a safe place but you know how USCIS handles ours cases . My question is there a way he can petition for his kids based on his pending asylum application or his TPS ,all he wants is to see his kids and he can’t travel to see them he is very very sick and can’t leave his bed .Thank you and I hope things will be ok for everyone who suffers from this forever pending status.
Hi Jason,
How can I describe my feelings here, first of all big thank and god bless you always. After reading this article, this is so peaceful, not only me most of your followers I believe. No words and fully tears. Btw, my case has referred to immigration court(3times postponed ) and my hearing will be 1st of November. Our EAD is expiring July End, Can I apply for my EAD renewal while my case is in the immigration court? Am I eligible?
You can renew an EAD while your case is in Immigration Court. The form and fees have changed, so please check the I-765 web page at http://www.usics.gov to learn about that. In terms of the bill, if it were to pass, it would be terrific, but it seems to me that it will be very difficult to get through in its current form. Maybe at least there will be some more limited reform that will benefit people. Take care, Jason
His family could apply for a B visitor visa, and if that fails, they could try for humanitarian parole (form I-131, available at http://www.uscis.gov) based on his health situation. I have not done such a case, and so I do not know a lot about it – it is normally used to bring someone to the US who needs medical treatment, but maybe if could be used in this situation. Also, he can email the asylum office with evidence of his condition and ask for an expedited decision. If he could be granted, he can file I-730 petitions for his family members (and he could try to expedite that process – which is normally 1 or 2 years – based on his health condition). You can find the email for the asylum office if you follow the link under Resources called Asylum Office Locator. Take care, Jason
On no, ES!
I am so sorry.
I do not even know what to say to you and your husband. I hope his health gets better, and that he is able to see his kids .
Have you written to a member of congress, a
to see if that helps?
We contacted our congressman right before we found that he has cancer but we have not heard back from the Asylum office .
Greetings!
If asylum seekers get the new status as proposed from the Biden Administration, can someone get married in third country, and apply for her to come here ? Or the person needs to wait to get Green Care first.
This part, I do not know. Undocumented people under the bill can get Lawful Prospective Immigrant status, but I do not know whether such people can petition for family members. I think not, but I do not remember reading about that in the bill. Take care, Jason
I am asylee. I got my approval 2 months ago. I know that I am on my way to GC. There is supposed to be something in the bill like me who has approval and waiting for GC application.
The bill would have no effect on a person who has already received asylum status. Take care, Jason
hello
So if this pass I can travel ? How many days in the years I can be outside?
I will get a Travel document or with my own passport ??
If this passes and you get the lawful prospective immigrant, I think you would be able to travel in the same way as a GC person can travel. I am not 100% sure about that, as I don’t remember all the details, but I think so. For most people, this means that as long as they remain outside the US for less than 6 months, they should be fine. Take care, Jason
Hello Jason:
Thank you so much for answering all questions and your support.
I have a question about traveling outside USA if the bill will pass Congress. We (asylum seekers) will get the right to travel, but our passports are expired and we can not to renew in embassy of our country because it can be a lots of circumstances. Does it mean we will not be able to travel again? Does this bill will include the issue some special type of travel documents for us? Thank you!
This would be an issue for some asylum seekers if the bill passes – they would qualify for a GC, but would be unable to get a home country passport or a Refugee Travel Document. As far as I know, there is nothing in the bill to address this question. In the old days, people with a GC could apply for asylum for this exact reason (to get an RTD). That practice seems to have been discontinued, but maybe it is still possible if you explain the situation. Otherwise, anyone with a GC can apply for a Re-entry Permit, which looks like a passport, but is only supposed to be used to re-enter the US. Maybe some countries would accept that in lieu of a passport, but I do not know. Take care, Jason
Please when will they change that LIFO policy, that should be our main priority …….
Hi Jason,
Thank you very much for letting us know! As always, very helpful!
I wanted to ask once a pending asylum status obtains a “temporary protected status” through this bill, would he be eligible to “adjust” their status to work visa or EB Green Card “without” leaving the US and doing so while staying in the US?
Thank you!
You would not get TPS though the bill. TPS is for certain countries that are having problems (like an earthquake or a war). If you have TPS, it may be possible to adjust status to get a GC without leaving the country, but it depends on the case. I have not looked into that in a while, and so I am not sure, but if you get TPS, a lawyer could research the specifics of your case to see whether you are eligible. Take care, Jason
Hi Jason, Thank you very much for all the great work that you do in supporting Asylees and Asylum seekers.
I have 2 questions:
(1) I am still waiting for my Asylum interview since initial filing in Feb-2016. I want to submit some additional evidence. Should I mail 2 copies of the additional evidence to the Francisco Asylum office. Do I need to include a copy of my Asylum receipt and EAD along with the Additional evidence? Should I just mail it directly to the address of San Francisco Asylum office?
(2) In my initial Filing I only mentioned the first incident of persecution as I was still waiting for additional affidavits and documents to arrive from my home country. Now that I have received the additional affidavits regarding the 2nd incident. Is it okay for me to add more details about the 2nd incident in my story/declaration on Supplement B, Form-I-589 and submit this along with the additional evidence to San Francisco Asylum office. Would this create any issues during my asylum interview since I could not mention details about the 2nd incident in my initial filing of form I-589 in FEB-2016.
Please provide your expert advice on these 2 questions.
1 – I did a post about that on April 18, 2018. You can follow the link under Resources to find the mailing address of the asylum office. However, I would not send the evidence until your case is scheduled for an interview. That way, it is more likely not to get lost (at least that is my experience). 2 – You can add more details, but if you think they will interpret this as an inconsistency, you should explain why you did not provide this evidence previously. Take care, Jason
Thank you Jason,
I am really amazed with your professional expertise. I have talked to a couple (at least 3) immigration attorneys but I have never gotten clear or good answers from them.
Somehow you seem to explain everything very clearly, May be because you have been writing about these issues for a long time so you understand many things more clearly.
What a great news !
Hi Jason, do you know how USCIS assigns receipt numbers (case numbers). My asylum was pending since 2016, I forgot about my asylum and living my normal life until Biden took the throne. Except for renewing my EAD, I never checked and talked about asylum for the last three years.
Now, when I checked my case status online, it still pending BUT when I put a random number that is greater than mine, most of them already did an interview and some of them already got a decision.
Hi Jason,
Thank you very much for letting us know! As always, very helpful!
I wanted to ask once a pending asylum status obtains a “temporary protected status” through this bill, would he be eligible to “adjust” their status to work visa or EB Green Card “without” leaving the US and doing so while staying in the US?
Thank you!
You would not get TPS though the bill. TPS is for certain countries that are having problems (like an earthquake or a war). If you have TPS, it may be possible to adjust status to get a GC without leaving the country, but it depends on the case. I have not looked into that in a while, and so I am not sure, but if you get TPS, a lawyer could research the specifics of your case to see whether you are eligible. Take care, Jason
Interviews have been somewhat arbitrary and it may depend on the office. Probably some 2016 cases were interviewed and others were not – at least that was my experience. Whether a particular case is interviewed is random. They have 10 interview slots for a given day, and the computer randomly chooses 10 cases from the cases eligible to be interviewed (these days, that is newly filed cases under LIFO). Take care, Jason
Alpha Markos, you referred to a very good point, I also did an analysis of 62 cases that applied before and 62 after my case. Here is how statuses of these cases look like:
Cases before my application – November 2015
Not in system: 11
Application Pending: 3
Next Step Is an Interview: 20
Decision Was Picked Up: 28
Cases after my application December 2015
Not in system 19
Application Pending: 2
Next Step Is an Interview: 9
Decision Was Picked Up: 17
Interview is Scheduled: 1
Card Was Delivered To Me By: 14
Jason is right, there is no organized sequence for scheduling of interview. However, this small sample size of cases shows that more applications before November 2015 received interview and decision compared to the cases filed after November 2015. Overall, the asylum system is completely dysfunctional and unfair. Trump administration further screwed the system by changing the FIFO to LIFO. Let’s pray that Biden administration switch the LIFO back to FIFO and also take other corrective measures to compensate individuals such as us waiting for a protracted period (more 4-5 years) to receive the privileges we deserve under the U.S. immigration law.
Does the following section in this bill mean that someone like me who has been a green card holder (LPR) since Nov 2018 can naturalize in 3 years (meaning by, Nov 2021) or is this section just speaking about LPR’s who achieved thier status thru the newly created LPI category?
‘‘(f) Notwithstanding section 316(a)(1), any lawful
11 permanent resident who was lawfully present in the
12 United States and eligible for employment authorization
13 for not less than 3 years before becoming a lawful perma14 nent resident may be naturalized upon compliance with
15 all other requirements under this chapter.’’.
THanks.
It seems to me that if you had permission to work in the US for 3+ years prior to getting your GC, you would be able to naturalize 3 years after getting your GC. Of course, the bill would have to become law first, and we are not there yet. Take care, Jason
Mr. Jason,
I am from Syria. I applied to Asylum in 2015, after conducting 2 interviews i was referred to court for removal proceedings. I had to wait for 2 years for my court date which was scheduled in Virginia on 2/4/2021. However, the court was cancelled a week before the date and no new date has been provided yet. Is that normal these days? Do you recommend any steps for me to take to get a new date?
On another note, can i apply for I-131 or any other form to travel to Dubai for a week?
Thanks
Such cancellations are common. Also, Syrian cases seem to get referred to court more than other countries with similar (and less bad) problems. I do not know why, but it is extremely frustrating. In terms of getting a sooner date, you can try, though it is not so easy since many cases are being cancelled due to coronavirus and there are few time slots to advance a case. I wrote about that on April 20, 2017. In terms of travel, unfortunately, once you are in court, you cannot travel and return even with Advance Parole. If you do that, you face a real risk of being unable to return (this is particularly true in Dubai, where you do the US inspection in Dubai and could be prevented even from boarding the plane to the US). Take care, Jason
Is it because an inherent discrimination against muslim ?
In that case, I do not think so – Syrian cases tend to lose more than Iraqi cases or Afghan cases, for example. I do not know why, but I have seen it in my cases and other lawyers’ cases. Take care, Jason
Another warning brother Joe. UAD did not sign the 1951 convention, never travel there with an RTD or AP!!!
UAE* sorry
Jason Greetings,
I have a question:
If the aforementioned bill passes and opens up an avenue for someone with an asylum pending status to become a Prospective Legal Immigrant, would that person (despite the risks) be able to visit his/her country to renew his/her passport? Because it seems that the Prospective Legal Immigrant status does not provide any temp travel abroad passport. At any rate, would returning back to your home country, from which you sought asylum seem strange, even if you are no longer asylee and be interpreted by the USCIS as a fraud in the future?
Thank you.
This is another big question – I think LPI status would not provide a travel document such as the Refugee Travel Document (which can be used like a passport) and so asylum seekers may want to continue their asylum case in order to qualify for the RTD. Whether they can get LPI status and continue the asylum case, I do not know. In terms of return travel, there would still be a risk, since USCIS could conclude that the original asylum case was fake. I did a post about such travel on January 6, 2016. Take care, Jason
Dear Jason,
Thank you very much for your post. So my understanding is If the bill passes, asylum seekers will be included and receive LPI status. My question is does LPI status allow us bring family members to the States from home countries? I left my little daughter behind when fled my home country. Because the US embassy did not issue a visa to her. You said LPI is similar to GC. There is nothing mentioned about it in the bill. I know you are not able to answer my question. But what is your thought (expectation) on this. I totally understand the bill approval is subject to a big IF.
Thank you again
All the best.
This is a big question, and I have not seen anything in the bill about that. My guess is that LPI status will not allow you to petition for relatives. If so, asylum seekers may be reluctant to seek this status, though we would need to see whether they could get LPI and continue their asylum case for purposes of bringing family members. Take care, Jason
Thank you Jason.
Have a great day
Dear Sir,
Thank you very much for your tremendous service for us.
I have a long story to tell you.
I had some political issues in my country and i came to USA to save my life. I did not know much about Asylum and somebody helped me to file my asylum application.
I went for the Asylum Interview at the USCIS office and I realized that my declaration was not filed with my I-589 application.
My case was referred to Immigration court because of “material inconsistency(ies) between your testimony and application and / or other evidence.”
I retained an attorney for my case and my case is coming up on 6/29/21 for individual hearing.
My attorney still did not ask me about my declaration. I feel to change my attorney.
Sir
Can i file my declaration now in immigration Court before the individual hearing?
Also, I can submit affidavits from my wife and my sisters to prove my case. can I do that now?
Please help me.
Thanks
Why didn’t you file your declaration?
You were supposed to mail the application didn’t you check?
You can file a declaration and other evidence, and in fact, without such information, it will be harder to win your case. There is still time before your hearing, but you should be working on this soon. Maybe remind your lawyer about the upcoming hearing, as you should at least be gathering evidence. In addition, last December, they changed the rules so that all evidence is now due 30 days before your court case, and so you don’t have a huge amount of time. Finally, do not submit anything to the court without your lawyer, and everything should be submitted at the same time in an organized way and per the court rules. You have a lawyer for this purpose and so you should talk to the lawyer about this. If the lawyer is no good, you should change lawyers as soon as possible, since a new lawyer will have to start all over, and there will be some time pressure since your case is coming relatively soon. Take care, Jason
Hello Jason,
We applied for asylum in 2015, we did the interview 2 years ago and decision is pending in Chicago. My wife is the main applicant, my 11 years old son and I are dependents. Last week, asylum office sent biometrics appointment with code 2 for my son only. Do you think this could be a good sign? I mean, if they want to refer us to IJ, why they would ask again for biometrics of my son. I appreciate any comment!
Hi,
One of my friend got the same request for their 13 years old girl’s biometric. After that their case was send Immigration Court in CA last month. They only had 2 weeks to get their lawyer.
Hi Alena,
How long after your friend’s interview did they get the referral, and what was the reason, if you don’t mind me asking?
Why do they even wait months and years before referring cases to court?
If they are going to deny the case for whatever reason, shouldn’t they do it very fast?
I wish I have a way of finding out what goes on after the interview that takes them so long to refer a case.
I can understand if they are conducting background checks for a case they intend to grant, but why hold a case for so long and then refer to court.
I agree – I have no idea why it takes so long after the interview, particularly now, when they have little other work. Why not just finish the cases they have that have already been interviewed? I read last summer that there are over 22,000 such cases pending. Take care, Jason
I never like to read into their actions, as they often seem to have no meaning, and so I do not know if it is good or bad, but at least it shows that something is happening. You may want to email them to inquire about the status of the case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
Am on immigration court after my case in Asylum office did not succeed.
I got married to a US citizen and we’re blessed with our son. My wife filed for me an i130 and today it got approved by USCIS. We had an attorney for I130. But now we cannot afford an attorney at the moment due to financial problems related to challenges due to Covid19. Due to loss of income as the business we had built collapsed thus devastating us financially.
I know I need to file i485.
1. Can I proceed with the process without an attorney or should I wait until I can afford one?
2. I heard that immigration courts under Trump administration were not willing to grant closing cases if one has an approved i130 so that one can pursue the case with the USCIS, has this changed and can one have the case closed and pursue the case with USCIS?
3. My next court date is in Nov 2022, what can I do to have my case addressed by the court before Nov 2022 in regards to either end my asylum case or approve my i485 if it has to be done in court?
Am sorry these are too many questions to ask and your help will be great as it always has been to thousands of people who read this blog. As I had stated, Covid has had a huge negative financial effect on my family and for now I cannot afford a lawyer and I hope I can be able to move on with the immigration case even without one.
I did a post on August 8, 2018 that might help. Also, I did a post about finding a free lawyer on September 22, 2016. As to the questions: 1 – either way. 2 – There are two options: terminate the court case and file the I-485 with USCIS, or file the I-485 with the court and the judge gives you a GC. Different judges have different policies, but most prefer to terminate the court case. 3 – I think you should call the prosecutor (there is a link under Resources called DHS Office of the Chief Counsel), ask to talk to the “duty attorney”, tell that person your Alien number and that the I-130 is approved, and ask if they would agree to terminate the case. They are busy and so maybe they will not talk to you, but this is worth a try. Of course, you have to be eligible for the GC (entered the US lawfully, no criminal issues, etc). I would not file the I-485 until you know whether you will proceed in court or with USCIS, since you could lose the filing fee if you do it the wrong way. On the other hand, you have time, and maybe you want to wait until you can hire a lawyer. I do think a call to DHS is worthwhile, since maybe they will be nice and help you terminate the court case. Take care, Jason
Hi Jason,
In this bill it says the who ever gets a green card (if eligible) can apply for citizenship in three years of reciveing their Green Card. Does this mean reducing the time to apply for citizenship from 5 years to 3 years for all GC holders?
Thanks,
That’s what I have concluded. This is why I am planning to renew my EAD even though I am pending i485. By the time I get the GC, if this all works, I should be able to file for citizenship. Shaving off that extra two years would definitely make a world of difference. It will also clear up the unnecessary backlog too.
I think that is only the case for people who also had a work permit of some kind for 3 years before getting their GC. Under the bill, you would get the lawful prospective immigrant status for 5 years, and then get the GC, and then apply for citizenship 3 years after that. Take care, Jason
Hi Jason,
We filed Asylum back in 2013. Had interview and was referred to court. On our master hearing the judge gave us an option for PD. And we took it because we were afraid as what if we don’t get Asylum granted. Going back to my country was not an option based on things happened to me and my wife. And now we have a child. So the judge left my case as pending and did not schedule a date for individual hearing. That means i can renew my EAD and work as long as i can pay taxes and stay out off trouble. When the administration changed all cases which are granted PD were reopened. Now i have my individual hearing in October 2021. I am preparing for my case. But if we loose the case what are my options ? Getting a green card or a Citizenship is secondary for me. I just want to live a peaceful life. With no fear. Ill renew my EAD every year and pay taxes and stay out of trouble. But don’t want to go back because of the pain me and my wife went through.
Hi Raj, m Raj too. My case sound similar to yours, I applied for asylum in 2017 but never got interview yet but renewing my EAD every 2 years, i did not have any lawyer representing me because when I decided to apply for asylum I couldn’t afford to pay lawyer so I filled application by myself and been able to get EAD twice now without issues by God’s grace.
My concern is exactly similar to yours m not worried about becoming citizen or getting green card but going back to my country is not an option at all. Its been almost 6 years m out of my home country and family except me n my wife living here peacefully. I am paying taxes and not even have a parking ticket so far again by God’s grace.
Could you please explain me briefly about what PD MEANS? I would like to take that option if i was called for interview but will be disapproved. Thank you so much in advance and hope you can live here for good peacefully. May God blessings be with you and family
I am sorry i don’t remember the abbreviation. It was an option during President Obama administration. But they stopped during President Trump administration. So this option no longer exist.
Thank you Raj!
I think PD means Prosecutorial discretion.
Yes. That’s correct. Thank you
Thank you Tina
PD is prosecutorial discretion, meaning the “prosecutor” (the government attorney) will agree that your case is a low priority for deportation and will ask the judge to set it aside, so it will remain alive (and you can keep renewing the EAD), but it will never be resolved. The Trump Administration stopped doing that. They also made changes to the EAD rules that blocked some (or maybe most) people with PD from renewing their EADs. It is expected that the Biden Administration will re-instate PD, but as far as I know, that has not happened yet (maybe some individual offices are now agreeing to PD, as I think I heard about such a case). In any event, you do not want PD if you can get asylum. Talk to your lawyer about that as an option, but asylum is a lot better. Take care, Jason
Without knowing about the case, I can’t really give too much advice. I think you should talk to a lawyer about the specifics of your case and see what options you have. You should also do everything you can to win asylum (and you can also try for Withholding of Removal and relief under the UN Convention Against Torture, depending on the case – these are not as good as asylum, but are sometimes available to certain people who do not qualify for asylum). The new Administration has not yet re-instated PD, at least I have not heard about that, but I expect they will. Maybe that will be an option for you again as well. Take care, Jason
Thank you Jason! I appreciate your time and effort’s to help asylum seekers. I am hoping this bill will pass and and give many people opportunity to live here peacefully. Do you have a sense of how many months or years it will take a bill of this kind to make progress? I applied for asylum late 2017 and sill waiting for interview. Thank you again Jason!
If this bill is going to become law, I imagine it will have to be before the mid-term elections kick into high gear in early 2022, so I think it is probably before that time or not at all. Take care, Jason
Hi Jason,
I was hammering the internet looking for any relevant updates on pending asylum status. Thank you for sharing this. My review to the new bill is rather meh’ than optimistic it is way far progressive , even some Democrats have opposed the bill i.e Sen. Joe Minchin who previously supported the Mexico boarder wall. Perhaps, there is no way that the component of 11m undocumented migrants pathway to citizenship could see the light even within democratic senates, not to mention GOP senates who already have organized to oppose even the American rescue act.
I’m sincerely wish all the best for all immigrants who are struggling in limbo, but as a political asylum with pending case entered the country legally paid my taxes for 6 years followed all the rules by the book, I don’t wait the bell I’m waiting just an interview with USCIS officer, this action doesn’t need a bill or legislation it’s a law, why we “the affirmative asylums” have to wait longer and be in the same boat with all other undocumented forms this is not fair at all. This is technically jeopardizes affirmative asylum levies more than helping.
There are a lot of needed changes to affirmative asylum, many of which could be done without Congress (I wrote about some over the last few minutes). We’ll see what happens, but hopefully at least this bill will create some momentum for some type of reform, even if it is more limited than what we hope for. Take care, Jason
Hi Jason
Warm greeting
I applied green card to my wife and son in January
2019 my wife already got her green card but my son is still waiting I put request to uscic and they say he needs to do fingerprints he is only 9
Does he really need to do fingerprints I paid only for his card I haven’t paid for his fingerprints fee
I applied based on my asylum case
Hi David,
I am not Jason. He’ll respond soon.
My understanding is that if your child is under 14 years old and was listed on the biometrics form, the child MUST attend the appointment.
For Green Card applications, the child needs to be photographed, and so if USCIS requests a biometric appointment for the child, s/he must attend the appointment.
I should not have to do fingerprints, but if they send an appointment, he should go anyway. They may not take the prints, but hopefully they will note that he is too young and USCIS will continue processing the case. Take care, Jason
Since the autumn of 2016, I have been waiting for the USCIS to do something, whether it’s an interview or renew EAD. Even I received the letter used half a year , just about updating my address.
,I’m more looking forward to what political workers can do to rebuild this disorderly system
I am not sure whether to be sad or happy with the new bill. I filed asylum in 2016. I am yet to be granted an interview. It appears I am eligible for GC under the new bill. However, I am also expected to wait another 5 years before I receive the green card. In other words I would have waited eleven years to get my GC. Wow! I don’t know whether to be crying or laughing…..this is soooooooooooo unfair. I am just going to keep having hope. Having a pending asylum with dreams of going back to school puts so much pressure on one’s finances. I have been paying out of pocket for my tuition. I resorted to education because that is the only thing that keeps me sane and going. I am not going to wallow in pity-party. I am more than what the paper says I am – pending asylum applicant. I take the knowledge and use it appropriately. I count my blessings.
Thank you Jason for having so much courage and strength to support pending asylum applicants. I appreciate you for all the selfless writeups you post on this blog. God bless you.
In a sense, I agree that the long wait is unfair, but it is far better than what we have now. Also, once you get the initial status, you will be able to live, work, and travel pretty normally, and also, you will have a clear path forward. For these reasons, I think you will not feel the same stress that you do now. In my opinion, although the new bill is not fast, it would be a great help to many people. Take care, Jason
Dear Jason,
What do you mean by ‘initial status’? Are you referring to a stage when an asylee acquires a Green Card?
Thank you for all the work you do!
The bill gives a preliminary status called lawful prospective immigrant, which is similar to a green card. After 5 years, the person can apply for the green card. Take care, Jason
Hi Jason ,
Thank you for giving your analysis,
My question about this bill is , considering if this Bill is passed and we withdraw our pending asylum case and apply for this new status would it be risky ? Considering what has been happening with TPS holders and DACA recipients they have been in limbo with no clear path.
My concern is would there be a definite path with guarantees that after Biden’s term it another president wins and he will quash this bill with his executive orders?
Or this Bill will remain intact and will lead to the destination promised.
Thanks
Sam
If it passes, we will have to see what the requirements are, but in general, when I have an asylum client with another path to the GC, I do not terminate the asylum case until the person receives the GC. That is safest, and I would advise doing the same thing with this new bill, if possible, and if it becomes a law. Take care, Jason
Thank you Jason! You are indeed impacting lives! You have no idea!. You are a beacon of light.
I’m in the same exact boat as you.
I came here in 2016 and I have been paying taxes and out of state tuition out of my pocket.
People call me crazy for paying out of tuition but just like you I feel education is the only thing that’s keeping my sanity.
I pray that we are able to complete our education and live ‘normally’ someday.
I thought I was the only one. Thank you for sharing. It is comforting to know that there is light at the end of tunnel. We have come too far to give up now:)
Thank you for doing this much appreciated
Jason ,Thank you for your effort.
How the”Lobbying” thing work?As an individual, Is there any thing we can do to push the representatives to pass the bill?
I will try to do a post about that, once I have a better idea about what organizations are taking the lead and how people can get involved. Lobbying just involves talking to Congress people’s offices or people within the different agencies. For example, a non-profit that I support had a lobbying call with a Congress office yesterday, and we spoke to the staff member about ways to improve the situation for affirmative asylum seekers. Also on the call was an asylum seeker, and I think that was impressive to the staff member. The problem is that the members of Congress we really need are Republicans who will oppose the current bill, particularly Senators. Whether lobbying their offices can have an effect, I do not know, but I do think it is worth trying, as some people may be open to helping, either on a large scale, like the current bill, or a smaller scale. Also, I think it is very important to talk to “regular” people about immigration and I did a post about that on March 28, 2018. If such people become convinced that will greatly help our efforts. Take care, Jason
Hi Jason, I need just one clarification about pending asylum. If someone came with b1/b2 visa and applied for asylum 5 yers ago and still waiting for first interview, is he eligible for the LPI?
Thanks in advance!
Under this new bill, if it passes in its current form, you would be eligible for the path to a GC and then citizenship. Take care, Jason
If I understood correctly, individuals with pending asylum cases can apply for the green card after 5 years (starting Jan 2021). Sometime around 2026, they are eligible to get a physical green card. and Ultimtialey, 2029 they would be eligible to apply for citizenship. I believe this bill is absolutely terrible and unfair. I don’t think anybody supports this bill!
I think your assessment of the time frame is about right. I disagree that it is terrible, as it is far better than what we have now, which is nothing. Also, once a person has the initial status, he can live, work, and travel outside the US and return, so the situation will be pretty normal. That said, I think the bill is unlikely to pass in its current form, mostly due to opposition from the Right, but also, I suppose, from some lack of enthusiasm on the Left. Take care, Jason
Hello Jason, as you said there is no chance for this bill to be passed right? If yes so what Biden has brought for us so far?!
I do not think there is no chance, but I do think it is very unlikely to pass “as is”. However, it could be a starting point for a more limited reform. As for Biden, he has eliminated certain travel bans (including the Muslim ban), started processing cases at the border, and begun the process of figuring out how to unwind a lot of Trump policies in an orderly way. I get that many pro-immigrant people want more and faster action, but I think it is important to get things right, and I think he is moving in that direction. Take care, Jason
Thank you so much
Dear Asylumist community,
Can people share their travel experience with RTP? what are the destination that they went to? I hear most of people go just to Mexico and Canada, did anyone go to other countries using RTD? Thanks
I have had clients go to different countries with the RTD. Some countries accept it like a passport; others do not. You have to check with the country’s embassy (or embassy website) to know. Also, as long as the RTD is valid, you can return to the US. Some people have delays upon re-entry, as the CBP officers are not always familiar with the RTD. Take care, Jason
Dear Jason any information on the reduction for naturalization wait time from 5 to 3 years for green card holders and asylees who had work permits ? I would really appreciate if you can find that information and share with us , and perhaps if it’s not you could advocated on our behalf with congress . I waited for my asylum case for 7 years and still waiting for green card , I’m hoping we could finally get this form of redeeming gift of shortening our wait time for naturalization
#Boost Read this from a commenter in the last post. Would like to learn more too if this is indeed on the table.
As I read section 1206 of the bill, if a person had work authorization for three years before becoming a lawful permanent residence (i.e., a Green Card holder), that person is eligible naturalize after three years with a GC. So I think if the bill passes “as is”, you would be able to get your citizenship more quickly. Take care, Jason
Hi Jason,
Thank you for the article. Is there anything about Asylee on this bill? I applied I-589 2015. I was in backlog and expedited my case 3 times. Finally I had my interview February 2020 and granted. This month I am applying for GC I-485. My RTD is until August 31. I really don’t want to wait another 2 years to receive my green card. It has been so long and I really would like to receive my GC before my RTD expires.
Thank you for everything
God bless you
People granted asylum are not affected by this bill, for better or worse. In your case, you are better off – even if this bill passes, you would probably get a GC faster based on your current situation since the bill will have to be put into effect and that will take time. Take care, Jason
Thank you so much Jason for your help.
I am eligible to apply for GC since a week ( asylum based), but when I check with my lawyer they said that are still working on the forms and documents, even though I paid him since two months. Is that okay? I mean do lawyers sometimes submit the AOS after some days of eligibility day ( after one year) ? Thanks!
That is abnormal. It should take no longer than 2 weeks to have that document prepared and submitted to USCIS. Tell your lawyer to do their job.
Lawyers are very busy, especially these days when many of our offices are understaffed, and so it is very normal to move slowly, at least for me. I suppose if your lawyer misrepresented the time frame to submit a case, that is not great, but such things are often outside our control, as client emergency frequently come up. That said, in terms of the law, the earliest you can file for the GC is after one year with asylum; you can file any time after that, whether it is a week or a decade, and so from the point of view of your case, aside from the delay, there is no problem. Take care, Jason
Hi
For asylum seekers they should just bring back the FIFO system and try to hire more judge and officer or allow some of officers working on backlog .That s would be more important than waiting an unrealistic bill knowingly it can not pass .better FIFO moving slow with interview schedule bulletin than having fake hope in the bill.
I was on a call this morning with a Congress person’s office and there is some effort to push DHS to return to FIFO. We will see how it goes. Take care, Jason
Hi Jason. I am Asylee. My family entered USA 5 months ago by applying i730. They were stamped i94 on Airport for Work Authorization. But still they have not received Work permits.{ They filed work permit forms in home country US Embassy}. How we can resolve this issue?
Shafique could you plz share your timeline and which embassy gave them visas? What questions they ask in interview? It will be a huge help
It may be the ordinary backlog, but they can call USCIS at 800-375-5283 and try to ask, or they can make a request online here: https://egov.uscis.gov/e-request/Intro.do. You can also try the USCIS Ombudsman – a link is under Resources. Take care, Jason
So that means for who are waiting for interviews or court date can get green card without interviews ?!?!
Assuming the bill passes and they meet the requirements, they would not need an asylum interview. I assume they would still need a GC interview. Take care, Jason
This bill is a distraction. Now that Trump is no longer president I feel like most people are ok with their pending status. I don’t hear anything from the immigration advocates. I doubt Biden will be successful.
The bill is a new pseudo coping mechanism for me as an option. If that is all it ends up being worth, I will continue to employ it as a coping mechanism until it explodes. Who knows, it could pass and transition from pseudo to real.
Keep hope alive!
I think they are shooting for moon, but I do not think it is a distraction. Advocates will be pushing for this bill. The question is whether they will shift strategy at some point to try to get something more modest. Take care, Jason
Dear Jason,
Thanks for all your efforts. You mentioned that previous holders of H1-b visa and are now on a pending asylum case may not be eligible for green card under this bill. What about the spouse who is the principal applicant of the asylum case on H4 visa? I was H1-b visa but I am dependent to my wife’s H4 asylum case!
Thanks Sir 🙏
The type of visa is not really relevant. The question is, were you out of status prior to January 1, 2021. If the answer is yes, you are most likely eligible under this bill. If you were in status prior to January 1, 2021, you would most likely not be eligible (there are exceptions, which I mentioned above). Take care, Jason
Thanks for your reply sir. Our H1-b and H4 visas expired on 1/18/2018 and that was just 18 days before we submitted our Asylum application on 1/1/2018. I believe that after 1/18/2018 we were considered out of status but the asylum case helped us stay and work after that date. Am I right that we are out of status because pending asylum application is NOT considered as an immigrant status? Thanks
Whether you filed your asylum case before or after your H status ended is not relevant. Because you only had asylum status (and not H status) prior to January 1, 2021, you would benefit from this bill if it passes “as is”. Take care, Jason
Hi Jason,
Thank you so much for your post. Do you think any essential worker during pendamic would be eligible for GCif the bill passes in the Senate? Or only farmers will be count as an essential worker?
Thanks!
Essential workers who were here prior to January 1, 2021 and who were out of status would be eligible, the same as everyone else. Essential workers who were in status prior to January 1, 2021 may be eligible, but I am not that familiar with all the requirements – my sense is that most of them will be eligible though. Take care, Jason
Thanks Jason,
Do you think the new bill, if passed and become a law, will create a backlog on green card applications?
Maybe, but GC can be processed more quickly than asylum and so I think any backlog would at least move along. Also, presumably USCIS would charge an application fee, and this money could be used to hire more people. Take care, Jason
Hey, do we know when the hearing will be started?
I think it is not yet scheduled. Take care, Jason
Dear Jason I have a question : how do you address a situation where your client who applied for AOS based on asylum gets his green card with date of approval and not backdate to one year prior when asylum was granted ? I have seen a few people mention that they are not backdating asylee green cards . Are there any specific legal steps to ask USCIS to fix that error ? As far as I’m concerned the law specifies for this particular category to be backdated. Thank you
I have not seen that, but USCIS has a web page to fix typos on cards (https://egov.uscis.gov/e-request/displayTypoForm.do). Maybe that would be a good place to check, as the GC should be back-dated one year, and so arguably, the wrong year is a typo. Take care, Jason
Hi Jason, this is such an important move by the Biden Administration. Immigrants are truly demonized in this country and the restoring dignity to our existence in, journey through, and contribution to this country is important. How do we support? Are there rallies we can go to? Are there leaders we should write to or call? Are their petitions?
Also when could it be brought to the floor and how long would it take to debate / pass?
These are good questions, and I am not sure who is leading or where you can volunteer. I will try to do a post about that, but my guess is that any major pro-immigrant group will be involved (or will know where you can get involved). A few big ones are Human Rights First, Catholic Charities, and HIAS. In terms of the time frame, I think that has not yet been determined. Take care, Jason
There are parts of the law that I don’t agree with. So I am gonna oppose that. Is
Hi sir
I’m follow your articles and read all regularly.
I have a question regarding the new bill.
This bill gives 5 years pathway to get green card. Are those 5 year will counted after passing the bill or if someone has already spent 5 year waiting for the affirmative asylum interview.
Are these 5 years waiting time will be counted to reach the 5 years pathway to get green card ?
Or these 5 years pathway to get GC will be started counting once the bill approves ?
I will be thankful for your kind response .
Thank you have a good day
I am not sure, but I think you would probably need to wait 5 years from the time you get lawful prospective immigrant status, but I am not sure. Anyway, that status is basically the same as having a GC, except that I do not know whether it will allow you to petition for family members. Take care, Jason