It’s less than two months since President Biden took office, and already it seems we are facing a new surge of arrivals at our Southern border. The increase is being attributed to the continuing dire conditions in Mexico and Central America, Mr. Biden’s promise to treat asylum seekers humanely, and pent up demand among migrants who were deterred by the Trump Administration’s harsh policies. Republican strategists are (predictably) teeing up Latin American migration as a “wedge issue” for the 2022 midterm elections, and so the situation at the border is not only a humanitarian crisis, but also a political crisis.
To address the problem, Mr. Biden is sending more resources to the border, expanding shelter capacity, and continuing a policy of the Trump Administration to turn away most adults and families based on the public health emergency (under Title 42 of the U.S. Code). His Administration is also trying to encourage would-be migrants to stay home. It seems pretty obvious that none of these measures will end the crisis. So what can be done?
As I see it, we as a nation need to re-visit the asylum law, and make a decision about who qualifies for protection (and is thus allowed into our country) and who does not qualify (and so is prevented from entering). To understand exactly what needs to happen, let’s start with a bit of background.
First, when people arrive at the Southern border, they have a right to seek asylum. If a migrant expresses a fear of persecution in his home country, he should be given a “credible fear interview” or CFI, which is an initial evaluation of asylum eligibility. If the person “passes” the CFI, he is admitted into the U.S. and placed into Immigration Court proceedings, where he will have a chance to present his full asylum claim to a judge. After that, he will either be granted asylum or deported. Not everyone who faces harm in their home country is eligible for asylum, however.
To qualify for asylum in the United States, a person must show that he is a refugee. To satisfy the definition of “refugee,” a person must show that he faces persecution in his home country and that the persecution is “on account of” his race, religion, nationality, political opinion or particular social group. These terms were incorporated into U.S. law by the Refugee Act of 1980 and before that by our assenting to the Protocol Relating to the Status of Refugees. They originally derive from a definition created at the Refugee Convention of 1951 in the aftermath of World War II. In essence, this definition was created by white men for white men, and has not been modified in 70 years.
Despite the atrophied law, the number of people eligible for asylum in the U.S. has expanded through litigation. In this way, the meaning of “particular social groups” has expanded to include people who were not on the radar in 1951, such as LGBT individuals and women who were subjected to female genital mutilation.
As it turns out, most of the people requesting asylum at the Southern border are not “classic” refugees, in that they do not fear harm on account of their race, religion, nationality or political opinion. Instead, they face harm on account of their “particular social group” or PSG, which–in the case of many Central American and Mexican asylum seekers–is either “victims of gang violence” or “victims of domestic violence.” If PSG had not been added as a protected category back in 1951, far fewer people from Central America or Mexico would qualify for asylum today (and incidentally, PSG was added as a bit of an afterthought, with essentially no discussion, at the Refugee Convention).
What all this means is that most migrants from Latin America who qualify for protection in the U.S. receive that protection largely because of a last-minute addition to an international agreement that was then expanded through litigation. In other words, nobody voted to offer protection to most Central American or Mexican migrants, and we have never had a proper discussion about whether they should be permitted to obtain protection under our immigration law. In my opinion, it is high time that we have this discussion and make a decision about how to move forward.
What would such a discussion look like? Basically, Congress should create a new definition of “refugee” to reflect our current values. Most Americans (and most representatives) would agree that we should continue to protect people fleeing political and religious persecution. Political and religious freedom are among our foundational values, and protecting such people puts our beliefs into practice.
But what about victims of domestic violence or gang violence? On the one hand, no reasonable person wants to see innocent people harmed. Also, anyone with a passing familiarity with country conditions in Central America and Mexico knows that many migrants are fleeing life-threatening danger. On the other hand, if we cannot provide refuge for everyone (and I suspect most Americans would agree that we cannot), then we have to be selective about who we protect, and we have to decide: Who is worthy of asylum?
Deciding “who is worthy” raises other questions. Should we protect anyone who faces harm, regardless of why they face harm (i.e., the “nexus“)? Since the U.S. frequently meddled in the affairs of our Southern neighbors, and this meddling led to political, social, and economic insecurity, does our country have a moral obligation to protect those fleeing from places we ourselves destabilized? Do large numbers of migrants pose a threat to our country (in terms of the economy, crime, the welfare state, our social fabric)?
It seems to me that our nation generally benefits–economically and socially–from higher levels of migration. We also benefit by living up to our ideals, including offering protection to those in need (remember the old trope: America is great when America is good). So if I were king, I would err on the side of allowing more people in.
Many would disagree with this conclusion, of course, and there are legitimate reasons to try to limit migration. What we need is an honest debate about who should be permitted to enter our country, and this requires some deep thinking about who we are and about who we want to be. In truth, I am not optimistic that we are capable of having such a debate. Unfortunately, honesty is sorely lacking in our public discourse, particularly when it comes to the subject of immigration.
Despite the challenges, I do hope our leaders will revisit the definition of refugee. We need to decide who qualifies for asylum and then take action to protect those who are eligible and exclude those who are not eligible. If we can make these hard decisions and then enact the appropriate laws and provide the needed resources, we can control the situation at the border. Otherwise, I expect that the situation at the border will continue to control us.
[…] as I have discussed before, we as a country have never had a proper conversation about who should qualify for asylum. […]
Dear Jason,
These days many people are talking about the importance of applying for the TPS. Although these people are either pending asylum applicants who are waiting for the interview or waiting for the final decision ” as me in this case” or were referred to the court. Even, some attorneys are encouraging their clients to do so. The reason behind this, is the poor hope of the path to the green card then the citizenship for the TPS registrars if the bill passed sooner or later. As you know, people are desperately waiting for having an interview or the final decision or reaching the day to go the court without re-scheduling their appointment . So:
1- Do you encourage this category to apply for the TPS, and why?
2- In the USCIS page, under whose decision would take longer processing time are the people who, and I
quote:” Are currently in valid immigration status”. Is TPS to be considered under this section?
3- In case of applying for the TPS, do I apply for another EAD while my EAD is valid under C08?
4- Do I need a new biometric when applying for the TPS?
5- How true it is, that having TPS allows your employer to apply for you for a work immigration visa ” Maybe
H1B visa”, when it is impossible if you are an asylum applicant unless you leave USA.
6- Is TPS better for people who their case was referred to the court rather than the people who are still
waiting for the final decision?
Thanks for your time,
Regards,
1 – For most of my clients, it does not matter much, but it does make it easier to travel outside the US and return. Also, in the event that TPS people get offered a GC, then obviously it would be great to have TPS. 2 – That has not been my experience, but maybe it is correct. 3 – Only if you want the EAD. I think you are not required to apply for it (but maybe you are – I do not do a lot of TPS cases). 4 – I believe so. 5 – I am not sure about that. If an employment GC is a possibility, you would want a definitive answer to that question, but unfortunately, I do not know. 6 – Different judges treat TPS people differently, and so it depends on the judge. If you are ordered deported, and you still have TPS, you can remain here with TPS until TPS ends, so that is an advantage. Take care, Jason
Dear Jason,
First of all, I would like to thank you for the quick and detailed response. But I am still confused about some explanations you provided. So, let me start by saying that I am a pending asylum applicant who had the interview two years and few months ago, but, I still waiting for the final decision.
1- According to my status, I would like to know your opinion about applying for the TPS, regardless of traveling benefit ” I do not have such plan”.
2- The statement in the USCIS under Asylum chapter, about the reasons that may slowing down getting the decision for the asylum applicants who had their interview, was exactly as I quoted “Are currently in valid immigration status” in my previous comment, unfortunately, I did not understand your answer. If you may let me know, if TPS is considered as an immigration status?.
3- I do not have the belief, that the bill will pass by the senate with the current form that is suggesting the TPS people will have path to GC. So, What is the benefit from applying for the TPS? Do you agree with me? Your opinion is important for me.
Thank you,
Regards,
1 – There is no harm, but unless there is a general legalization for TPS people, I do not think there is much benefit either. The one exception, which I do not know, is if TPS would make you eligible to adjust status based on a job or DV lottery, etc. But I do not know if TPS helps with that. 2 – I do not really know whether that is true, but my sense is that TPS has no effect on how quickly (or slowly) they make a decision. TPS is a type of status, but I do not know whether it allows you to change to another status without leaving the US or get a GC without leaving the US. 3 – Except for what I mentioned above (and travel), I think TPS is not all that helpful for someone with a pending asylum case. On the other hand, the only down side I see is that you have to pay for TPS, and it is not very expensive. Take care, Jason
I applied for renewal EAD early Feb and got my receipt Feb 12 or so. My current EAD expires mid May. The case says it’s being processed at Potomac center. How long are C8 EADs taking at the moment?
Also, if i were to apply for an Advance Parole to travel to a different country, would that be okay on pending asylum as long as it’s not home country?
We typically see EAD renewals taking 4 to 6 months, but it could be more or less and is not so predictable. Anyway, you have the 180 extension, and so you are eligible to work until November. As for AP, you can do that and it should be fine, but it is slow to get AP and sometimes, USCIS denies it if they think your reason for travel is not good enough. I wrote about AP on September 11, 2017. Take care, Jason
Hi Jason,
I applied for my renewal EAD in Feb. USCIS cashed my check and sent me a USCIS Account access notice. But they didn’t send me a receipt notice that extends my EAD by 180 days. Is that normal or do you think I should try to contact them to see if they can send me a receipt notice?
Thanks!
Things are slow. My guess is that the receipt is on the way. If you have your receipt number, you can check the case status on line. You can also search online on the USCIS website for information that filing to renew an EAD automatically extends the old EAD. Maybe your employer could look at that and accept that you have the extension. Take care, Jason
Hello
I lost my EAD card I need card replacement, do I pay 410$ fees for replacement or I have to pay 495$ that is including biometric fees
Thanks
If you join ASAP or Casa de Maryland (two non-profits), and have proof of membership, your fee is $410. Otherwise, it is $495. I wrote something with links to those two groups on September 23, 2020. Take care, Jason
Hi all,
I am filling a RTD and I hope someone can help with the following question: what is the class of admission for an asylee? I was initially admitted in the US as F1 but now I hold an asylee status after asylum was granted last year. Thank you
I obtained my green card through asylum and so far I have applied for three RTDs…I was admitted into this country on F1 visa and when I answer the question of class of admission every time I state F1…. to answer the question of class of admission in your case as you indicated is F1…..good luck…
Thank you Jason &Jason
If you last entered the US on the F-1, you could write “F-1 (now asylee)” or something like that. I don’t think they care much, as long as it does not seem you are trying to hide something and you don’t write something inconsistent with past applications. Take care, Jason
Jason Dzubow, I agree with you. I am not sure if they care a lot about this particular question as long as you don’t seem like you are hiding something/trying to deceive them. For my I-131 application, I put “Permanent Resident” as my class of admission even though I first entered the country on a tourist visa. My friend put “asylee” as class of admission and they approved his RTD. In addition, if you look at the bottom right of the RTD’s biographic page, the “class of admission” is stated there (they usually put “asylee”, “refugee” or “Permanent Resident”). If you are an asylee, you can actually put asylee for that question as that is what they will put in your RTD for the class. Jason- not Jason Dzubow- if you’ve left the country as an asylee several times and re-entered, you can actually put “asylee”, if you have not yet adjusted your status to LPR, as your class of admission. Technically (emphasis on “technically”), when you travel abroad as an asylee, you are admitted in the country as an asylee.
Thank you JAMIE. Your input is always much appreciated.
Hi Jason,
Sorry for the off topic question, but when can I file i-765 to renew my EAD?
USCIS say I should not file for a renewal EAD more than 180 days before my original EAD expires.
Other sources says that filing should be no more than 4 month before the expiration date.
Which one is correct?
Thanks in advance!
It should be 180 days before expiration. I am also renewing my EAD for the 4th time this month.
Thanks a lot! Hope renewal would go smooth!
You can file up to 180 days before your current one expires, but wait for Jason’s response.
If this is a c-8 EAD based on asylum pending, the soonest you can file is 180 days before the old card expires. I think the old rule was 120 days, but it is now 180. Take care, Jason
Hi,
If I got grandchild while waiting for my asylum interview would the grandchild be eligible for asylum? Now my older son is 9 years old. I asked this question because as I see the asylum interview for me will take ages and my 9 years old son would have Childern by the time I get my interview.
A married child cannot be a dependent, and as far as I know, the benefit of asylum cannot extend to a grandchild, even if your child is not married. If that situation arises, I would double check, but I think the grandchild cannot benefit. Take care, Jason
Hello,
Thanks so much for the helpful insight. I had two specific questions:
1) What is the process for the attorney to attend the interview via Videocall in VA office? Does this need to be pre-arranged? If so, how can one do that?
2) I understand that one must wait a full year before qualifying for a green card based on asylum case approved. But can the applicant start the green card application before that one-year mark (e.g. 60 or 90 days in advance)?
Thanks.
1 – I think you are supposed to tell them 10 days in advance (which ain’t always easy, since they sometimes only give you 10 days notice of the interview). I think you email them, but I do not think it is a great idea and I will not be doing that, and so I have not looked too closely at the procedure. 2 – You have to by physically present in the US for one full year, meaning if you leave for a week, you have to wait for a year + one week. We used to file the I-485 form 30 days early, but then one time it got rejected for being too early. Since then, I have always waited the full year. Take care, Jason
Thanks very much, Jason. This is all very helpful and good to note. Circling back to your first answer: have you had any experience attending interviews in the asylum office during COVID? From what I read online, the AO will be in a different room than the applicant. And they will communicate via a phone (?). In the case that an attorney will want to come to the interview with the applicant, will they both be placed in the same room and simply share the one phone/device to communicate with the AO?
Thanks again.
Each person has his or her own room – so the attorney gets a separate room. Everyone is connected by video and by phone (and this usually works well enough). But the attorney and client are together in the waiting room before the interview. Take care, Jason
Great, that’s very helpful to know. Thanks, Jason.
Mr.Jason do you know if there is any solution for an asylee to bring his parent to the US? thank you
Only a US citizen can petition for a parent. However, they can try to come to the US like anyone else – B visa is most common. Sometimes, it helps to write a letter of invitation. It is not easy to get a visa for many people, and so you might want to talk to a lawyer who specializes in non-immigrant visas. Maybe that person can help them prepare a strong application. Take care, Jason
Hi Jason,
I am a LPR through asylum status, in the past I have travelled Outside US with a US issued travel document. Now that I have LPR and my asylum was not against the government where i seeked Asylum. It was religious based, I am traveling to a country other than my cop but I just wanted to ask if it is ok to use my cop passport with my green card while I return back? Need your help please, thank you
You can, and I have never had a client have a problem, particularly where you do not fear the home government. That said, if you have the RTD, that is better, but I know that the RTD is slow to get and only valid for a year, so it’s a real pain. If you are asked about why you used your passport, you can explain that you do not fear your government, and that should be fine. But if you use the RTD, you should not even have to explain that. Take care, Jason
Hi Jason,
Thank you for this great website! Do you know how much is the estimate time for travel parole document these days? Is it 120 days or more?
Thanks!
I would not be surprised if an RTD (for asylees) or Advance Parole (for people with pending asylum) takes 6 or 7 months. Things overall are still moving slowly. Take care, Jason
Dear Janson,
My I-730 is approved on 4 March, do you have any idea how long it will take to get to NVC and then to relevant consulate in country ? I mean after approval how long will take to get visas.
Best,
Mano
It slowed down a lot under President Trump and still seems to be slow. I suspect it will be several months at the NVC before it goes to the embassy – that is what we are seeing. Take care, Jason
Hi Everybody,
Is there anybody here whose case is in San Francisco asylum office? Can other people share how much an attorney charges for taking your case for asylum interview only. I know that attorneys charge more if your case gets transferred to immigration court….
Jason,
I have a question.
What exactly is the role of the attorney for the Asylum interview. I know that once the case gets transferred to the immigration court then you definitely need to hire a good attorney but for the Asylum interview If an applicant has a strong case with strong evidence and good and detailed declarations (Overall the Asylum file is complete) then how can an asylum attorney help in this case.
I mean the asylum attorney is only going to accompany the candidate for the interview and if I understand correctly the asylum attorney submits a declaration/statement to the Asylum officer at the end of the interview. Is there anything else that the attorney does for the asylum interview.
I mean if an Asylee already has a strong application with good evidence, how does the attorney help for asylum interview.
The reason I am asking this is because I hired an attorney in Feb 2016 when I filed my asylum case, my interview is still pending, my attorney never actually did anything, I wrote all the declarations, filled out the form completely, gathered all affidavits, reports, medical reports, all evidence.
And in the next few years I have talked to a few other attroneys who have told me that my case is really strong and the only thing I can do is to expedite it. Can I go for the Asylum interview by myself instead of having an attorney with me.
I recently moved to San Francisco from Arizona. My case file is already complete and I canceled my attorney in Arizona. Do I really need to hire another attorney in San Francisco????? I consulted with one of the top attorneys in San Francisco and he told me that my case is complete and very strong and the only thing that I need is to proof read and verify that there are no ambiguities and practice well for the interview.
Should I hire a new attorney in San Francisco or should I got the Asylum interview by myself?
+1 here…I am in the similar spot. I remember Jason said that statistically, having a lawyer present will increase the success rate. But I don’t know, it seems that there is just too many demands there. and there are not enough lawyers, so a lot of people can’t get legal resources…Like me…so in this situation, should we just go to the asylum interview by ourselves…
In my case I prepared my whole asylum case my self and I have consulted atleast 3 good attorneys and they have told me that the case is in good shape. My attorney just took what I prepared and filed it in 2016 without any modifications. She told me It looked good. After my initial filing I was able to get my hands on more evidence including police reports, court records from my home country, Also included more news articles and special reports on the general conditions of persecution along with Psychological reports from a psychologist in the U.S
I am not sure how an attorney would help at this point. I am the one who is most familiar with the facts of my case. Attorneys in San Francisco charge close to 8000$ just to accompany you on an asylum interview.
Eight thousand bucks! I should move to San Fran. Take care, Jason
With all due respect…Is your ground LGBTQ+ related ?
No It’s not LGBTQ related. I am a christian Asylee from a middle eastern country. It’s based on religious grounds…
There is no data about lawyers are asylum interviews. In court, there is data, which shows that a lawyer increases the likelihood of success. For the asylum office, I think having a lawyer help prepare a case and practice before the interview would be very helpful and could make a difference. Having a lawyer at the interview itself probably makes much less of a difference. I did a post relevant to this question on July 7, 2016 – maybe that would be of interest. Take care, Jason
Jason,
I consulted one of the top attorneys in San Francisco. I don’t want to put his name here but he is one of the best. He mostly does asylum cases and does not do other immigration cases. He told me the case is very strong. But his office was was charging 10,000$ just for the asylum interview. I asked for reduced price but his office would not agree. At first I agreed because I could afford it but afterwards realized that It would not be much beneficial as my case is almost completed.
PENDING-ASYLEE, I am not sure why anyone would pay $10,000 for someone to accompany them to an interview! I don’t care if his success rate is 100%- by the way, does the success rate also involve those referred to court and beyond?- I still would not give this person my money to go to an interview! How can you charge asylum applicants- people who are usually struggling financially- $10,000 to go to an interview? This sounds like a rip-off to me; I would not trust this person with my case.
A lawyer can mostly help you prepare for the interview, write the affidavit, and gather supporting evidence when it comes to the asylum interview. That’s it. They can’t necessarily make you win the case, especially if the case was already prepared and you have some common sense.
For the record, if someone wants to pay be $10,000 to attend an asylum interview, I will happily attend. Thank you, Jason
haha, Thanks Jason,
Jason the rates are different in California because California is more expensive compared to other places in the U.S.
BTW It would be wrong for me mention the law office here in comments. It was the law office of [redacted] in Francisco. They told me that they usually charge 12,000 for Asylum interview but for me since my case was almost complete they said It would be 10,000$. I did not agree to seeking their legal services because 10,000$ is too much.
Sorry – I have to redact names of lawyers or other people in the blog as it creates liability issues. I guess SF is more expensive, but DC isn’t cheap. I wrote something about the cost of an asylum lawyer on March 2, 2016 if you are interested. Take care, Jason
I agree with you Jamie….
If you have limited money to spend on a lawyer, you may be better to hire a lawyer to review the case and do a preparation session with you before the interview. I think it is helpful to go over the case with a lawyer to help you identify any issues or weak points, so you can be ready at the interview. Take care, Jason
For me, the main roles of the attorney at the asylum office are to prepare the case and look out for any issues that need to be addressed, and to practice with the applicant before the interview. At the interview itself, the lawyer does not do much. If possible, I do think it is better to have a lawyer with you at the interview, as it helps give you confidence, the lawyer can make sure the officer does not act inappropriately (this is very rare), and the lawyer can ask questions to “clean up” an misunderstandings. Also, the lawyer can make a brief closing statement. All this is pretty minor though, and if your lawyer has not done the case and interview prep, which are important, it seems like a waste to have the lawyer at the interview, where there is little to do. Take care, Jason
I think most officers unfortunately are very unprofessional…
@asylum seeker,
That was not my experience. My interviewing asylum officer acted professionally, and appropriately all through..
That’s good to know Tina, May be a few Asylum officers are just bad or unprofessional. It’s probably a matter of luck who gets to interview a person.
Personally I think there is really no need for an Asylum officer to be unprofessional or rude and hostile. I mean the facts and evidence of the case should speak for itself. Asylum officers should leave their personal prejudices and opinions at home and decide a case based on it’s merits.
I mean the whole point of the Real ID law is that the an Asylee has to present evidence for each fact of his case. If that evidence is provided then the Asylum officers should not decide based on their personal prejudices.
The officer who interviews you is a matter of luck (though some officers specialize in certain countries and may get assigned to a case based on their knowledge). In my experience, it is very rare to find an officer who is unprofessional. We had one in VA who was always rude, but he granted every one of my cases with him, so I (and my clients) could live with that. Take care, Jason
There is a lot of disparity between different asylum offices and immigration courts.
For Example: San Francisco Asylum office has one of the best approval rates and Also If you take a look at Immigration judge decision statistics from TRAC, you will find that judges in some parts have great approval rates like in San Francisco whereas in other parts like Texas the results are quite the opposite.
The reason for this disparity is that Asylum officers and Immigration judges use their personal/political beliefs and prejudices in deciding a case instead of deciding cases according to law or on actual merits.
Pending asylee,
I heard about a guy whose asylum officer was very harsh, but his case was ultimately approved.
He went with an interpreter (not attorney), and the interpreter who happens to regularly serve as interpreter at that location told him that everytime she experienced the AO that harsh, most of the cases were approved.
I am telling this story as I heard it, and had no way of verifying it.
Wow That’s good to know. I have no problem on being grilled by the Asylum officer as long as he approves it haha 🙂 🙂 , I mean It’s the officer’s job to be thorough. I don’t mind If he pursues things intensely or harshly as long as he decides the outcome fairly based on actual evidence and circumstances.
LOL My asylum officer wasn’t particularly pleasant. In fact, I wondered if she was a robot or something. Thankfully, she approved the case.
I wouldn’t focus too much on the officer’s demeanor or how (un)pleasant the officer is.
I totally agree with you Jason,
Before I had been interviewed almost 5 years ago, all my lawyer did was finding inconsistencies but on the interview date, he only sat in the room and at the end of the interview the IO asked him if he had any comments, he just said that he had learnt a lot from my case, Final. Honestly, I don’t personally see the role of a lawyer at an interview session
The interview is a conversation between the officer and the applicant; the lawyer’s role is minimal. Still, I think it is best to have a lawyer there in case the officer is a jerk (very rare in my experience) or a legal issue comes up. Also, the lawyer takes notes, which I think is important and can ask clarifying questions at the end, which is usually not necessary, but if there is an issue, the lawyer can help with that. I guess it’s kind of like an insurance policy – usually you don’t need it, but if you do need it, you’re glad to have it. That said, since most asylum seekers have limited resources, you have to choose how to spend it, and preparing the case is more important than attending the interview. Take care, Jason
Jason, your insurance policy analogy aptly describes having a lawyer at the interview lol
Pending-Asylee,
You are better off hiring a fresh out of law school immigration attorney, or a not so famous one for a fraction of that cost to go with you, if you must.
The attorney’s role at the interview from what I heard is just that of moral support, or for an attorney’s presence to deter the AO from acting inappropriately.
Judging from my experience, and that of others, I doubt that will be the case. Sometimes the attorneys take notes during the interview for reference, incase the case is referred to court. Well, you can either pay 8k for the attorney’s notes, or $0 for FOIA.
No matter how good this attorney is, your case will be approved on it’s strengths and merits, and not because you had a ‘renowned’ attorney with you at the interview. Most of the work is already done.
Hoping the best outcome for you, but if by any slight chance you have to continue your case, the money will come handy to hire the renowned attorney, so he could put his skills, and expertise to use, haha.
I have a ‘hunch you will need the money to celebrate, and maybe even take a vacation, so keep some of it😊.
Haha 🙂 🙂 Thank you very much Tina, BTW I am really glad that your case has been approved, I have been following your posts and comments for quite some time. Your example suggests that there is light at the end of the tunnel after all.
I have been waiting for my interview to be scheduled for almost 5 years now and Hopefully soon I will be sending a request to SF Asylum office to put my name on shortlist. Thank you for your good wishes 🙂 :).
Thanks for the kind words. You have no idea how many times I “pinch” myself to be sure I am not dreaming that the wait is over..
I wish you the best outcome. The wait is retraumatizing, and after enduring the endless wait, a grant will bring so much healing.
TINA, didn’t know that you finally got approved? Congrats!
Jamie,
Thanks!
You must have been very busy. I came here screaming 🤣
TINA, yeeaaaahhh!!! Finally! I am so happy when I hear about asylum approvals!!
I should mention that some office now allow attorneys to “attend” the interview by video. VA does, but I do not know about San Fran. I would not do that for my clients, as I think it is less effective (and I charge a lot less than the lawyers in SF, apparently), but if you want a lawyer present for the interview, maybe that is an option. It should be less expensive, as it saves the lawyer time, since the lawyer does not need to travel to the asylum office. Take care, Jason
Jason,
I just got a notice of approval for my RTD application. How soon I can get the actual document?
Thanks
Hopefully in a few days or a week or two. But USCIS is a mess, so I guess it could be longer. Take care, Jason
Hi,
I just my received my RTD. It took about 3 days after the approval notice.
Sambod,
Please when did you apply for the RTD?
Also is this your first time?
When did you apply for it?
Hi Jason,
I filed an i130 back in January I haven’t heard back or got a receipt should I be worried or it takes time to receive a filing receipt this time ?
Receipts have been very delayed. If you paid by check, you can contact your bank to see if it was cashed. If so, USCIS should stamp the receipt number on the back of the check. Otherwise, I guess you can try calling USCIS at 800-375-5283 and see if they can give you more info. It is difficult to reach a person, but you can try. Maybe also double check that you sent the form to the correct address. If you send it to the wrong place, sometimes USCIS disappears the form and does not tell you. Take care, Jason
Hi Jason,
My attorney emailed me about closure of NY immigration courts till Mid of April, and my Individual hearing is scheduled in that duration. However, while inquiring online on EOIR operation status site, they haven’t notify anything like that. I will call court tomorrow for more correct information. Do you have any idea when they are rescheduling new court dates for individual hearing? Thanks
Here is where you can see that information that your lawyer is talking about: (bottom page it says April 16)
https://www.justice.gov/eoir-operational-status
I don’t know, and unfortunately, the online system they created to inform people about Covid court closures is basically useless. I really do not know why they created that system if they did not plan to use it. Anyway, the result is that you have to call the court and ask – you can find their number if you follow the link under Resources called Immigration Court. Take care, Jason
Seeing this information, I am concerned in two ways:
1) Will information like this hurt the asylum seeker community as a whole ?
2) What if there are a lot of fraudulent applications filed by opportunists ? I am a little worried the asylum program will be abused…just like the H1B program.
https://cis.org/Bensman/Rare-Reveal-Mass-Asylum-Fraud-Southern-Border
https://www.immigrationreform.com/2020/07/24/us-tighten-asylum-indian-nationals-immigrationreform-com/
There is a fraud problem with the asylum system, and we have known about that for years. Probably the main point of the asylum interview or court case is to weed out that fraud. The Trump Administration took this to an extreme (everything was a fraud to them), but I do think it is important for the government to try to eliminate as much fraud as possible, since this helps preserve the asylum system for everyone. Take care, Jason
Completely agree there. The fraudulent applications hurt the integrity of the asylum program.
Jason,
If you need to make some corrections on your Form – I589, Do you submit the corrected/updated page on which you made the correction once again to asylum office on or before asylum interview or do you just tell the asylum officer to correct it at the time of interview????????Can I make the correction on the form and submit that page to my asylum office before the asylum interview is scheduled???????
Do you Indicate to the asylum officer during asylum interview if you your telephone number or address has changed since you did initial filing of form I-589, What about alien number? when I filed initially I did not have a USCIS A# but now I have one, Should I indicate this as a correction to the asylum officer during interview or submit these corrections before interview.
If you give them a list of changes, you can include these as well. Take care, Jason
You can do it either way. Regardless, they will have to use the original I-589 that you filed previously, and they will make changes to that form by hand. What we find works well is to create a list of all changes, and give that to the officer at the beginning of the interview. That way, it is easier and faster for them to add those changes to the I-589 that they have in the file. Take care, Jason
that was the case for me, all the small changes were made the day of the interview in the beginning. it is better to do that.
Thank you Jason. Much appreciated.
Hi Jason,
I send my EAD application renewal To USCIS Ten days Ago. Until Now, I Have not Received either reception notice nor fee charged appeared on my payment method. Would you advise?
Thanks
It should take two weeks, since it’s just day 10 since you submitted it, it might not yet be processed. I am waiting on mine also since my EAD expires in the next few months.
Things are slow, and a 10 day wait is normal. So is a 30 day wait. As long as you mailed it to the correct address, you should be fine. Take care, Jason
I have another question if you don’t mind. Before my asylum case was approved, I used to get two years of validity of EAD. Now since my case was approved, they gave only one Year of validity. Do you know why?
Plus 510 days of waiting for my green card.
I think the two-year EAD is only for people with an asylum case pending; not for people who were granted asylum. I guess they expect you to apply for the GC. Of course, since it now takes years to get the GC, USCIS should extend the validity of the a-5 EAD. Take care, Jason
Hey Jason and asylees, I just want to go to Mexico for vacation for one week with my RTD , I want to know if it’s safe to do that currently?
I have a question for people who recently got approved.
How long did it take to receive the category A5 EAD in the mail, please.
2. Did you have to mail the i94 to the SSA to get the unrestricted SSN?
Thanks!
Tina,
– Yes you should send the i94 and or the court decision letter for asylum granted to SSA.
– The c5 ead processing time has no difference to the other, it will take same time. But, why you need to have the EAD, since you have the asylum approved and having the unrestricted SSN, you may not need to apply for ead.
Thanks
Thank you Samm for the prompt response.
I am so protective of that I94 that I was not confident to send it out😊.
I will go ahead and do that, then
As for the EAD, I wasn’t asking because of a need for it, but just to know since the approval letter said to contact the asylum office if I do not receive it in 14 days after approval.
The time frames now are pretty messed up. You should get the EAD pretty soon, though. Also, you should not have to send the original I-94 to the SS office. A copy should suffice (and if for some reason they need the original, there is not really any need for the original in future USCIS applications – we always use a copy to apply for the GC). Take care, Jason
And my approval was at the asylum office, so the EAD was automatic. I do not need to apply for it.
Hi Tina,
They will send your a05 EAD soon. You should not do anything to receive it. For unrestricted SSN I went to SS administration and show them Approval letter and I94. I have received my new card in a few days later.
Tina, gotcha!
@312
Thanks for the explanation.
As long as there are no Covid restrictions, your RTD is valid, and your home country is not Mexico, you should be fine. Take care, Jason
Hi Jason,
Hope everything is going well with you. For I-485 application, should me and my wife send our documents in a separate envelope or can we send them together in a envelope ?
Thanks for your help
You each need an entirely complete packet of documents, but you can send those in the same envelope with a cover letter indicating you are husband and wife. Take care, Jason
Dear Jason,
I applied for my renewal of my work permit in January (with asylum case still pending for 5 yrs). I still haven’t even received the receipt letter. I was told by my lawyer that there is a delay in the receipts 2 weeks ago. My EAD expires in 7 days and I’m in jeopardy of losing both of my jobs. Is there any number I could reach out to USCIS to report this or anything I can do to continue working?
Best Regards
Hi everyone, I applied my EAD in November and still waiting for receipt 😥
If this was a renewal, did you pay by check? If that was cashed, you can get a copy from the bank with your receipt number stamped on it. If it is a first time EAD, you might try calling 800-375-5283 and see if you can reach a person. Or you can try the virtual assistant Emma at http://www.uscis.gov. Unfortunately, there are long delays with receipts, but that is really long, and so it might be worth trying to reach USCIS. I suppose you can also try the USCIS Ombudsman (a link is under Resources). They can help with delayed cases, but they are not very fast and I do not know whether they can assist with receipt. Good luck, Jason
You can try calling USCIS at 800-375-5283 or try using the online virtual assistant called Emma at http://www.uscis.gov. Unfortunately, receipts are very delayed and I do not think calling or contacting them online is likely to help with that. Once you do get the receipt, the old EAD will be automatically extended by 180 days, and so maybe if the employer understands that you filed, they will let you continue working. There is some risk to them, for example, if you made a mistake on your EAD renewal and it is rejected for some reason, but if they do not mind accepting that small risk, maybe they can keep you on. Take care, Jason
Applied in 2016, had the interview in March 2019, my case status was “Decision Pending” then around Aug 2020 they changed it “Application pending” like the initial review.
Yesterday it turned “Decision Pending” again. Does it mean anything?
I had expedited my decision and was waiting to hear my decision since November 2020 as they had informed me that my decision was in the last stage of the process but later we learned I was stuck in the background check.
Any ideas? Experiences?
I think those online messages have little meaning. You might try the USCIS Ombudsman and/or your Congress person. Sometimes, those avenues might help. Take care, Jason
Hi
@Firstreponder, I have the same situation as you, but mine still may application is pending. May I ask you how did you expedite your decision?
Thanks,
I requested from the senator’s office to forward my expedite request. I provided a cover letter and supported documents to them. It was a health-related excuse.
@Frontresponder , thanks for your response. I wish you the best. And soon you will hear the best news. Please, keep us posted.
Hay Firstresponder: The same thing is with me. I filed in 2014, interviewed in 2018, it was decision pending, and recently about a month ago it changed to application pending. Let’s see what happens.
Yes. They did this around a year ago to me from decision pending to application pending. Now it is back decision pending. I want to take this as a good sign but who knows
Hello Jason!
Millions thanks for all the great work you are doing for Asylum seekers. We cannot thank you enough only God will reward your effort.
I applied for Asylum in June, 2015, was interviewed
April, 2018. Very soon it will be 3 years waiting for a decision. I have written numerous requests to expedite my decision. Anytime I request I get reply that your case is pending final decision.
I recently wrote another request to expedite and got the response “YOUR CASE IS CURRENTLY BEING REVIEWED BY AN OFFICER WE CANNOT PROVIDE A TIMEFRAMES FOR WHEN A FINAL DECISION WILL BE REACHED” From your experience with this response can I expect a decision to be made soon?
I will appreciate your response.
Unfortunately, based on that, there is no way to know when the decision will arrive. You might make an inquiry with the USCIS Ombudsman (a link is at right). They sometimes help with delayed cases. Also, you can try your Congressperson. If all else fails, you can file a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
I have a question. Does anyone have experience that their I-485 case was filed at Phoenix, Texas or Chicago Service Center but they received the receipt notice from a Local Service Center. Mine was sent to Texas Service Center but I received notice from Overland Park KS, Service Center which doesn’t process Asylum based I-485 applications? Anyone experienced the same? Did anyone get notice from this service center? Thanks,
The same happened to me . I sent to Chicago and receipt starts with MSC . National benefits center . They agents don’t want to give information they say it’s secretive . When did you apply? I read on a blog that since last fall they are forwarding asylee i485 applications there but they are stuck . I don’t understand it . You need to try calling an agent and ask why you are there . It makes no sense and there is no processing time .
I have seen that for some of my cases. I don’t pay it much attention though, as the case will get processed (eventually) once USCIS has it, regardless of who sent the receipt. Take care, Jason
Hi! My case status got change to “decision was mailed” on February 19th. Or it was the first time I’ve noticed it, at least. It’s been almost 3 weeks since then, and nothing yet. How long does it take to get the decision? If it takes awhile, does it mean it’s a referral? Thanks
Lina,
How far away is your house from the asylum office where you were interviewed by car? Im in somewhat same situation.
Lina,
I think if your mail is delayed, it is not an indication of anything, because if they mailed it out already, you might not have received it due to delays in mail delivery.
Further, I suggest you wait until you receive the mail.
Mine was decision was mailed on the day I received the mail, but I cannot say if there were other updates prior. You see whatever update there is when you check.
You may also want to check with your local USPS office.
I think the timing does not tell you anything, good or bad. I think it only normally takes a few weeks. Maybe email the asylum office and ask (and make sure they have your correct address). You can find their email if you follow the link under Resources called Asylum Office Locator. Good luck, Jason
Hello Jason,
To renew one’s passport one of the Embassy’s requirements is to send a copy that shows the applicant’s current status (I-94, work permit, or green card). My friend is an asylee and is worried. He wanted to apply for RTD, but considering the time it is going to take, he decided to renew his expired passport. Is it safe for him to send a copy of the document to the embassy? please share your experience.
Thank you
Alex
I have not had any client have a problem as a result of renewing the passport. However, it would depend on the case – if the person fears his home government, the US government might wonder why that home government was willing to renew a passport. It is always safer to use the RTD instead, but that document is very inconvenient, and so many asylees get renew passports. At least your friend should be ready to explain how he managed to renew the passport if he is asked. Take care, Jason
Unrelated question, not sure where to post, but I wanted to touch up on marriages again,
because I don’t see this topic that often at all.
Can I marry a woman if I filed for asylum as a gay ?
I’m currently an asylum applicant(I filed as a gay afraid of reentering my homophobic country) who filed for asylum almost 4 year now. I’ve already received my work permit. I’m no longer gay but now bisexual as I’ve found a woman(US citizen) who accept me for me and we both want kids. We also want to get married . Will this affects my immigration case and if we get married can she file for me and I abandon the asylum case?
Out of curiosity, did you apply as gay or bisexual?
Gay.
Kolin,
If I am understanding you correctly, you ‘were’ gay, or didn’t understand the difference between being gay, and bisexual at the time of filing your application, hence your gay based asylum claim?
Now, you are willing, and able to suppress your sexuality by committing to a monogamous opposite sex relationship (marriage), an interest that came alive only in the USA, correct?
Sounds logical to withdraw the asylum claim, but what changed? The last I checked, sexual orientation CANNOT be switched at will.
When governments/ people are intolerant to LGBTQ, it is because they believe it is a choice people make that does not conform to acceptable norms.
Are you by this switch saying that people have the ability to choose, and switch sexual orientation? I am saying this based on what you said -“I am no longer gay”.
Another assumption: Even if you are now bisexual, you left everything behind and fled to this country to live out your life as a gayman.
Now that you are intending to commit to an exclusive opposite sex relationship, will that part of you magically disappear, or your spouse to be will be okay for you to have extramarital relationship(s) to live out that aspect too?
I know there are relationships of ‘convenience’, but would you be willing to tell the immigration officer that you lack moral scruples, by engaging in multiple relationships, even if you are able to convince the IO that this marriage is not for convenience( I am not insinuating that please)?
I honestly think you should update your asylum claim to reflect whatever you consider factual, in terms of your sexual orientation, and continue with the asylum claim.
Committing to an exclusive opposite sex relationship might just open up a pandora’s box. You fled your country because you are/were gay, but you are willing to suppress your real self by committing to an exclusive opposite sex relationship? The exact reason you fled your country.
An experienced lawyer would be more than necessary to help you explain in your AOS application by marriage how your sexual orientation changed in addition to providing evidence to prove that. Not doing this would jeopardize your credibility with USCIS and they might accuse you of fraud.
NOMAD, sexual orientation does not change as it’s immutable. However, sexuality/sexual orientation can be “fluid”, repressed, latent, diverse, or suppressed. A person DOES NOT wake up one morning and discovers that s/he is attracted to another sex, the same sex, or an inanimate object, for example. Obviously, the person may or may not go through a psychological process in terms of accepting a sexual orientation that is considered a taboo in his/her society. This does not mean, though, that the person is not AWARE of his/her sexual orientation.
Yeah, everything is very confusing in the legal / immigration system. I’m not sure what do, there is not much information online for a specific case as mine.
You can do that. However, you should be prepared to explain why you said you were gay and now you are saying something different. It sounds like you can explain this (you are bisexual, and maybe you did not understand that previously), but depending on what you said in your asylum case, it may not be easy to explain. If the US government concludes that your asylum case was fake, you would be barred from all immigration benefits, including getting a GC based on marriage, and so you have to be careful about this. You might be wise to have a lawyer help you with the GC case to try to be extra careful. Take care, Jason
Jason, thank you so much for your opinion on such a seemingly complex issue. You made some excellent points. However, I respectfully disagree with some of your premises, and thus, your conclusion (you already suspected that many would disagree with your conclusion).
I agree that the Congress, or the courts, should provide a clearer and more concise definition of the term Particular Social Group (“PSG”), WITHOUT disqualifying people who are genuine or actual refugees. The only constant is change; therefore, we can’t expect the definition of a refugee- a term adopted decades ago by the UNHCR- to not evolve with social, political, and religious changes. I also don’t think we should wait with bated breath for the immigration bureaucracies and courts to put forward a specific and precise definition of PSG, as, quite clearly, they fear further opening of the immigration floodgate.
I don’t think any reasonable person would agree that the U.S. should take everyone who requests asylum at the border, or anyone who requests asylum affirmatively. A reasonable person would agree, or at least hope, that the immigration bureaucracies and courts would function like they were designed to do. For instance, instead of exploiting xenophobia for political expediency, the U.S. government, including the heads of immigration departments, could work together to provide more funding/resources so that people who present themselves at the border for asylum can be screened quickly and effectively. If the person is not qualified for asylum, or does not meet the definition of a refugee- and we are assuming that the refugee is pre-screened or vetted under a straightforward or proper definition of the term refugee- then s/he may be humanely returned to his/her country of origin. As well, the U.S. could actively assess country conditions to gain a better understanding (and in many respects, the veracity) of claims of persecution and violence by those coming across the border/those seeking asylum. With this knowledge and understanding, they could provide temporary protected status to those fleeing. A country condition assessment every 2 years, for example, could be done. If country conditions changed, then they can try to humanely return the person to his/her country of origin, if s/he has not yet found a way to make his/her immigration status permanent. In the end, I don’t believe that a person fleeing violence, natural disasters, abject poverty, and persecution, even if s/he doesn’t meet some strict definition, or lack thereof, should be nonchalantly or inhumanely deported/treated.
The U.S., the most powerful country, economically and otherwise, is MORE than capable of managing 40,000 migrants coming across the border. Germany, for example, processed over 1 million refugees in 2015- mostly from Muslim-majority countries- who were fleeing their countries because of all kinds of inhumane treatments, conditions and persecution. Had German officials quibbled about social groups in the middle of the crisis, many more people, including children, would have died unnecessarily. Though there were pockets of resentment and xenophobia, the government, for the most part, showed leadership as they realized, on human level, that there was a crisis and people were desperately in need of refuge. Germany, though the country is not perfect in this respect, managed to get the crisis under control to some extent, though the country’s economy and size are a fraction of the U.S.’
There ae many other countries, especially in Europe, that deal with refugee crises on a daily basis- not just the U.S. Of course, as a sovereign nation you can treat refugees as you wish; however, this nation shouldn’t create a façade of being welcoming, or “following the law”, when it is rather hostile- or using refugees/asylum seekers as scapegoats.
Refugee eligibility or not- though I agree that many of the people crossing the border are not eligible for asylum or refugee status because of the very narrow definition of refugee, and NOT because they are not actual refugees- how do we make sure that we are treating people who are feeling violence, persecution, natural disasters, and in some cases, abject poverty, humanely and with dignity? Do we entice more people to come by making it easier to get a certain protected status? Do we, seemingly on purpose, bottleneck the entire asylum system so we can gin up support- as a political ploy- for stopping people of color from coming to the U.S.? This whole “crisis”- at least that’s how I see it- is nothing but fearmongering and xenophobia. Please, try to convince me that the U.S doesn’t have the resources or capability to process a few thousand migrants, some of whom may or may not be actual refugees, trying to seek asylum at the U.S. border. Also, try to convince me that Congress and the courts are not purposefully leaving the PSG category ambiguously defined.
“can try to humanely return the person to his/her country”… How do you imagine that?
“Dear sir, would you like to return to your shithole on our private jet or you wanna stay in our welcoming country illegally?”
Yes, Germany accepted a lot of immigrants and then got ‘taḥarrush’ in 2016 when these beautiful people sexually assaulted about 1000 women.
The charges about sexual assault seem unclear – I remember reading that the reports of that were greatly exaggerated and that it was essentially false. I am not sure if that is correct, and I have not checked in a while, but I think that report needs to be double checked. Take care, Jason
NICK, I don’t argue with racist, xenophobic trolls. Instead, I dismiss them- and rather harshly! Did you expect me (emphasis on “me”) to dignify your response with actual facts and logics? I suggest you not hold your breath as hell would freeze over before I dignify your response with reason. To do so would lend some kind of credence or credibility to your balderdash and failed attempt at humor! If you haven’t noticed, you make me sick to my stomach. Trust me, I can come down to your level and wallow in the mud with you, but YOU won’t get respect or reasoned responses/arguments from me.
I think the example of Germany is a good one, and I agree that the US has the capacity to absorbed (and largely benefit from) the people arriving at the border. That said, I think this is an argument that needs to be decided by the American people, through our representatives in Congress. We as a nation should decide whether to accept everyone who arrives here, or no one, or something in between. We should make that decision based – as much as possible – on facts, and not on fearmongering. Personally, I would be in favor of accepting greater numbers of people, maybe by eliminating the “nexus” requirement, which is confusing and in many ways, nonsensical (at least from the viewpoint of the person facing harm). My concern in the above article is that we are not having such a debate, and it appears we will not have that debate anytime soon. As such, we will be stuck with what we have: a confusing system that is divisive to our nation, susceptible to political exploitation (a la Trump), and which leaves everyone, including migrants, unsure about who is eligible for protection in our country. Lastly, I think the government has tried mightily to define PSG, but they have failed utterly. I don’t think this is purposeful, as that gives them too much credit, but I guess if it were purposeful, that would explain some things. Take care, Jason
Jason, thank you for detailed and very well explained response! A lot of what you are saying makes sense.
Dear Jason , how do I find my local senator, I know you mentioned that you have a part here in your site to do so , and also, what do you recommend , I need to expediate i485 asylee, too long with these uscis turtles… should I contact a rep of the house for my area or senator, who has heavier rep and influence ? Thank you.
Follow the link under Resources called Senate and you will find your two Senators. Either the Senator or Congress person might help. I also did a post about expediting a USCIS case on January 29, 2020. USCIS is very slow, particularly for I-485 forms, but you can try to expedite. Take care, Jason
Hi,
When will the congress start voting on the Citizenship Act?
I have no idea. It does not seem to be moving at light speed. We will have to see what happens. Take care, Jason
Hi Jason,
I received a green card based on asylum. I want to travel for 10 days to my country(Country of persecution) using my passport( not travel document). Do you think I will run to a problem? From your experience, does any of your clients had a situation either during entry or during naturalization process.
God Bless
David can you please share your timeline ? What service center and how many months or years your waited for your green card ? Thank you
Dont do that.
Dont travel to your COP if its not a dire situation.
Like someone about to die or death.
I wrote about this on January 6, 2016. None of my clients have had any real problem in this situation, but they have been asked about it, and it is possible to have a problem if USCIS thinks that your original asylum application was fake. If necessary, you should be prepared to explain the reason for the travel and how you stayed safe on the trip. Take care, Jason
Sir, I overstayed my visa. If I buy a ticket to go home, will I be detained at airport? Is it a criminal liability? Is there a fine to pay?
There should be no issue if you leave. However if you overstayed by 6 months or more and you leave, you are barred from returning for 3 years. If you overstayed 1 year or more, you are barred from returning for 10 years. Take care, Jason
I don’t blame those rushing to get in while they can. Trump could run in 2024 and win again and then we go through all this deja vu BS nightmare all over. There is so much trouble in the world right now. If you think you have it bad, someone somewhere has it worse. I love watching migration documentaries on YouTube. They give you so much perspective. Everyone is looking for a better life, better standard of living, peace of mind, ability to just self actualize who they are without fear. I live in a state that’s so big, if you travel just 30 miles outside of it, you could easily get lost. The US could accommodate more people, integrate them into society, and give them an opportunity to strive at the perfect union. I remember when Donald Trump said there is no more space here and I wondered to myself, what heck is he talking about? When I see how food waste so easily in this country while people starve it saddens me. I live with a born American, all he does eat, sleep, s**t and stream TV all day and game the system to get benefits. Yet, I see undocumented immigrants working mowing lawns, construction and trying to realize the American dream.
When you take into account this virus will surely hit the one million mark, it would be in the US best interest to have a source of labor that can easily replace those lives lost (it’s weird how that comes out). But those same migrants might actually be the ones to save the American economy.
I agree with this, but the problem is that we do not have such a system. We need to decide who we want to let in, and then let them in. At this point, I – as an asylum lawyer – have really no idea who qualifies for asylum under the PSG category. If I don’t know, how can potential migrants be expected to know? We need more certainty for those coming here, and we need to control who we want to allow in. Our system does not do that, and so hopefully the Biden Administration will move us in that direction. Take care, Jason
The labor force wasn’t affected by Covid because most of the people who died were 60+.
“Better life, better standard of living, peace of mind,” – it’s not about asylum. It’s about open borders. You can’t have open borders as long as there are poor and hostile countries in the world. If you open borders for everyone who wants better life you will get millions of people. The people who were not able to build their own prosperous countries and who will overwhelm the system ultimately turning the US into another China or India.
Hello Jason!
I would like to specify:
1. These “white men who created definitions for white men” were smart enough to let tens of thousand nonwhite women get asylum 70 years after that.
2. Nation generally benefits when it gets intelligent and passionate people who were standing for their rights, freedom, and beliefs in their own countries. It doesn’t benefit from lazy losers who didn’t want to work to make a change in their home countries and whose only goal is to get “free” money from developed societies or to simply run away from domestic issues and responsibility for their own mistakes.
What I meant by “by white men for white men” is that the people who created the definition had in mind the harms that were generally suffered by men – particularly political harm. They were not thinking about types of harm that were more common for women – domestic violence, forced marriage, and FGM, for example. My point is that the definition is dated, and the world has changed. It’s high time that the definition be changed to something that reflects our modern values. Whether that would result in our accepting more asylum seekers or fewer, I do not know, but I think we need to make some changes. Otherwise, we will be stuck with a system that for certain populations (including those arriving at the Southern border) is essentially random and ad hoc. Take care, Jason
I don’t really understand what uscis needs to be efficient , can they just name it ? Money , more people ? Do they need more space or a better logistics department ? I mean I don’t get why on the year 2021 they take a lifetime to adjudicate applications or print documents. If I were to name the least efficient agency in the country , it’s them . They’re just awful and saddest thing is that many people’s lives depend on them doing the work. I’m hoping the Biden admin demands from them timely adjudication because quite honestly most of the time it feels they delay things on purpose , like if they had their “own agenda” .
I agree – particularly for asylee green cards. Why not just automatically trigger a background check after one year and then issue the green card. It is an incredible waste of time and money for people who have already been carefully vetted. Take care, Jason
Exactly on the point! By the way, I don’t “feel”, but I am confident that they have their own agenda and delay the process on purpose. For example, Nebraska Service Center processes asylees GC within about a year (±~2months), but Texas Service Center takes double and maybe triple the time, simply because Texas is known for its anti-immigrants policies and Trump gave them the clear legal pathway to practice their discrimination without any fear of consequences. Having GC is essential for asylees, especially those who have kids.
Hello Jason! Last year USCIS furlough of nearly 70% of workforce. As I understand the reason for that was not enough money to finance that and that Trump did nothing to help. Do you know if that is changed now? Can Biden provide additional money to support agency and does he need Senate approval? If he doesn’t need Senate approval, why he didn’t do that already?
Thank you!
The workers were almost furloughed, but USCIS magically found the money. USCIS is mostly funded through user fees, but Congress provides some money for the agency. I forget how the Congressional funding works, but I have a feeling Congress already allocated money for this fiscal year. I suppose Biden could try to get more money for the agency, and I think there is mention of that in the US Citizenship Act of 2021, but I really do not remember. Take care, Jason
Dear Jason,
Can I travel as an asylee while my AOS is pending? I still did not even receive a receipt and I might get my RTD soon so I want to travel to Canada.
Yes, as long as you can check your mail in the US and be here for any appointments (maybe you can get Informed Delivery from the post office, which sends you an email showing what mail is coming to your house). Take care, Jason
Thank you Jason for this great article. I think also one of the big questions here is: Is the USCIS really the agency that is able to handle thousands of claims? Was there any article in the Relief bill to add a budget to USCIS to save it? Or was that mentioned in the Citizenship Act? I think that this body that was recently created ( 2003) is not the right agency to take in charge of thousands of claims, it whether need WAY MORE resources, or it should become an independent body out of DHS with its own federal budget.
USCIS is relatively new, but I don’t know whether a separate agency is needed. If there were a major immigration reform, that would boost USCIS’s budget (thanks to user fees) and that would help asylum seekers since the asylum office budget comes mostly from fees in other USCIS cases. Whether it is the same agency or a new agency, they need more resources. Take care, Jason