The number of migrants arriving at the U.S. Southern border has been increasing since President Biden took office. According to one DHS official, “We are on pace to encounter more individuals on the southwest border than we have in the last 20 years.” Border agents have been turning away most adults and families based on a Trump-era public health rule. But unaccompanied minors are being admitted, and the Biden Administration is ramping up efforts to accommodate them.
The border situation represents three different crises. First is the crisis of violence and poverty in Central America and Mexico, which is pushing people to flee those countries.
Second, is the border “crisis” itself. I put crisis in quotes, since the influx of migrants is very manageable. Last month, for example, about 9,500 unaccompanied minors arrived at the border. Our country has the resources to humanely process this many young people. Indeed, when compared with historic trends, the overall number of arrivals during the last decade is significantly lower than what we’ve seen in the 1980s and 1990s. And so if there is a crisis at the Southern border, it is more about our willingness to deal with the influx, rather than our capacity.
The third crisis–and the one I want to discuss here–is the political crisis. New polling from Populace illustrates the crux of the problem: There is a sharp partisan divide on the issue of immigration. Trump voters rank “severely restricting immigration” as the #3 most important issue facing America. In contrast, Biden voters rank this as the #46 most important issue (out of 55 issues surveyed). For the question of whether America “is open to immigration,” Trump voters rank this as # 52 and Biden voters rank it as # 27. In short, Trump voters have strongly negative feelings about immigration, while Biden voters have moderately positive views towards immigration. There are a few lessons we can draw from this survey.
First, we advocates have seemingly failed to convince the American public about the importance of a more liberal immigration policy. In a sense, this is not surprising, since there are many critical issues competing for the attention of left-leaning voters (the # 1 issue in the survey was climate change). While we have to keep educating the public and pushing for the reforms we need, we also must be realistic about how much we can do to change attitudes about immigration.
Second, and more significantly, we need to recognize the limits of our ability to achieve major immigration reform. We are limited by the strong anti-immigration views held by many Americans. And we are limited by the relative ambivalence of those Americans who share our goals. Given that we are navigating into strong head winds with only moderate tail winds, perhaps we should re-think our destination. Maybe we should aim for something more modest than the U.S. Citizenship Act of 2021, which seeks to legalize 11 million undocumented immigrants. An example of that would be the Dream Act, which the House passed last week.
But even this generally popular reform is being hampered by the situation at the border. Senate Republicans “made it clear… that any measure that includes legalization would be difficult [to pass] absent measures that would bolster border enforcement and tighten U.S. asylum laws.” Tying the Dream Act to the border crisis is unfair, as the two issues are almost completely unrelated. But that is the world we live in.
Given that resistance to reform is grounded largely in issues related to the border, and that public support for immigration reform remains fairly tepid, why not compromise? Why not trade comprehensive immigration reform for a more impermeable border? That would potentially help millions of people who are already here. It would also reduce the temperature of the immigration debate, which is largely focused on “caravans” bringing “diseases” and “terrorists” into our country.
As far as I can tell, however, most immigration advocates seem unwilling to consider such a compromise. Indeed, as I perceive it, mainstream immigration organizations are largely focusing their energy on the border. I understand why: The people coming to our country and seeking protection have often endured severe harm in their countries and great difficulties on their journeys to the U.S. To know them, even a little, is to sympathize with their plight. Nevertheless, I think this focus on the border mis-reads the moment.
For one thing, I fear we will squander the post-Trump momentum for immigration reform. We’re seeing progress on certain bills–for Dreamers and farmworkers–but if the focus shifts to the political crisis at the border, we could easily lose that momentum. The immigration bills that passed in the House had some Republican support. However, the hurdle is higher in the Senate, and with border enforcement tied to any type of immigration reform, passage there is in real doubt.
Further, we need to work on healing our country. While the Populace survey shows that we often perceive our divisions to be worse than they are, the divide over immigration is real. By conceding on the most contentious aspect of immigration (the border), I believe we can defuse some of the tension and help bring some unity to our nation. I know that some on the Left would disagree with this conclusion. Segments of the Left equate restrictive border policies with racism. While this is clearly true for some restrictionists, it is not uniformly true, and we should not pretend that there are no legitimate reasons for tighter borders.
Finally, as I have discussed before, we as a country have never had a proper conversation about who should qualify for asylum. The majority of arrivals from Central America are not traditional asylum seekers, and they qualify for protection mostly due to litigation that has expanded the definition of “refugee.” While I personally feel that this expansion was the right thing to do, the failure to reach a democratic conclusion about who qualifies for protection means that our border policy has been built upon a very unstable foundation. Without public support or understanding, the border “crisis” is easily exploited for the political gain of restrictionists.
President Trump’s 2016 campaign relied on anti-immigration rhetoric. It worked then, and similar efforts could work now. We face a real risk that all the effort and energy going toward immigration reform will be for naught. Perhaps compromising on the border will lead nowhere. Perhaps Senate Republicans will resist immigration reform under all circumstances. Compromise is not easy and it is often painful, but it is the nature of democracy, and I think it is worth considering. The window of opportunity is short and the need for reform is great. Nothing should be off the table, and a partial solution is better than no solution. If tightening the border is the price for immigration reform, it may well be the best solution we can achieve in an imperfect world.
Hi Jason,
If one wanted to submit supporting documents after the affirmative asylum interview, is that possible? If so, can you please guide me to the directions for doing this in the Arlington office?
Many thanks.
You can – you have to submit it at least one week before the interview, and you have to send it by mail (though you can send small documents by email, but I think the limit is 12 pages or something – I have sent large documents anyway, and mostly they seem to accept it, but it is better to send it by mail). You can find the mailing address if you follow the link under Resources called Asylum Office Locator. Also, you should submit two copies of each piece of evidence. Take care, Jason
Hi Jason,
Thank you for this input. Sorry, to clarify and reiterate, I meant AFTER the affirmative asylum interview? For instance, if you walk out of the interview and think it’d be helpful for the officer to have this document (even if she or he didn’t ask for it). Is there a way to submit those documents after the interview?
Thanks kindly.
You can – it is best to send it by email, as long as it is relatively short. Make sure to include your Alien number and the date of your interview. Take care, Jason
Great, very helpful. Thank you, Jason.
Hi,
Can I add more information to my pending asylum application after I applied? Like adding more claims that I was not sure if it worked when initially filed my asylum but now I know that information would help me more with my asylum case?
Thank you
Yes, we do that all the time. You usually have to submit the new evidence and info at least one week before the interview, but the rules at different asylum offices vary. Take care, Jason
Hi Jason,
I know that you are not an oracle and neither a fortune teller but do you think processing times for asylum-based green card will get better in the near future (next months) ?
Thanks,
Hi Jason,
I have applied for asylum on May 2015 and still haven’t gotten the interview notice. Can I go see the consulate, as I have heard they might speed up the process? If yes, where can they be found?
Thank you for everything.
I am not sure what you mean. If you want to speed up the asylum case, you can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
You are quite right – I think all my predictions are wrong. I will never get a job at Delphi! Anyway, at the risk of being wrong again, I do expect processing times to improve. The Trump Administration shifted the focus to fraud, and this took away resources from processing. It was also completely unjustified by any real world evidence of fraud. I expect the Biden Administration will shift the focus back to processing cases more normally, and hopefully that will lead to improvements. Take care, Jason
Dear Jason and all,
Thank you for everything you do here.
I am an asylee (who has been granted asylum), and I have applied for Adjustment of Status, which is pending at the moment. I am going to travel abroad but not to the country from which I seek persecution. I had obtained a Refugee Travel Document before applying for adjustment of status. Since my form for adjustment of status is in the process, pending, do I need to get advance parole for my travel abroad? Or I can travel with the RTD that I had obtained prior to applying for adjustment of status?
Thank you for your response. I really appreciate your help.
Hi Asylee, thank you for your question. Also, Jason will definitely respond soon, so keep checking for his response.
In the meantime, you should know that as an asylee- someone who has been granted asylum in the U.S.- you must never travel with Advance Parole (AP)- even if it was issued to you by USCIS. Asylees should, instead, request, preferably in advance of their travel abroad, a Refugee Travel Document (RTD). The RTD acts like a passport and gives asylees and refugees permission to travel abroad temporarily and return. Technically, or theoretically, if you leave the U.S. with AP, which doesn’t act like a passport, by the way, you are potentially availing yourself of the protection of your government- unless, of course, the country you intend to travel accepts the AP in lieu of an RTD/your COP’s passport- AND you may not be “admitted” back into the U.S. as an asylee/or with the status you had before you left the U.S.
As long as the RTD is valid, that is the document you will use to re-enter the US. You do not need Advance Parole. Take care, Jason
Asylee, I just realized that I didn’t answer the question. You should travel with your RTD while your I-485 is pending. What’s important is that the RTD is still valid- or hasn’t expired- when you are seeking “admission” into the U.S. Having a pending I-485, as an asylee, doesn’t mean you should get an AP. You can continue use a valid RTD to leave and enter the country. The RTD can even be used after you’ve adjusted your status.
Hi Jason,
Quick question. I applied for my GC (based on asylum) a couple of weeks ago in the SF office. It has been more than 2 weeks and I haven’t received the receipt notice.
My lawyer said they are taking some time.
What is your experience in GC applications nowadays? Timelines, etc?
Thanks for all the help
Receipts are slow in many cases and I think the processing time (which you can check at http://www.uscis.gov) is from 1 to 3 years. So it is very slow. Take care, Jason
Hi Friends,
Quick question- does anyone else have a different date on A5 EAD, and approval notice?
My A5 EAD shows 2 weeks after my interview, while the approval notice date reflects over2 months after my interview.
Anyone noticed this, and why the difference?
Hi @Tina,
My a05 EAD start date was 2 weeks from my interview date as well. But the weird thing is I have received my approval after 2.5 years of waiting. Therefore I have received already expired EAD, since EAD was valid for 2 years 😁
@312
Thank you so much for responding.
Good thing is you can work with the i94.
I have no plans of presenting the EAD as I do not want to have to renew when it expires. The i94 keeps my work authorization valid at all times, until I receive a permanent resident card. I am just waiting for the unrestricted SSN to present my I94 to my employer. Right now, I am still working with the 180 days extension I received when I applied for my c08 renewal.
Congrats on your approval!
Ridiculous and nonsense. They can be serious about this. What is the point then issuing an expired EAD? They could have print a new one
We once received an Advance Parole document that expired 2 days after we received it. Ridiculous is right. Take care, Jason
Thanks to God. I received EAD that is valid for two years. You may not remember the case. First applied Nov 2016, Interview March 2019, Decision March 2021, and the card is valid till March 2023.
Another sign of good change in the practice of USCIS. I am sharing this to promote hope about positive change would be possible.
Sit tight all. Do not lose your hope but at the same time do something. No change will come without a demand. Imagine everyone in the backlog submits inquiries, ask senators, representative, and ombusdman about fair practice constantly they will need to do something. Give them a reason to have this revision on their list
OMG. What is happing here;
Have you guys received these case updates? I just have seen that “My Card Was Picked Up By The United States Postal Service” together with a tracking number…. This is new to me. USCIS is sending my EAD card and they tell me the tracking number…. Whhhooo hoooo. I liked it.
Was it like this before?
I don’t really follow the online messages, but I recall seeing this before. Maybe others will know if it is a new feature. Take care, Jason
Hello Jason,
Thank you for your support to the community. I have a question. My EAD (A05) expires in October 2021. As I’m in asylee status and waiting for my Green Card (applied last year) given the long times for GC issuance, do I need to renew my EAD or I can use my unrestricted SSN card for employment. I’m currently studying and do Uber occasionally on weekends, and may not need EAD until next year for a full time job, but still, should I have my EAD renewed? Thanks in advance.
My friend,
Unrestricted SSN would work for employment together with an ID (driver license in many cases) Do you think you can renew your driver’s license without EAD? If yes I am guessing you may wait. and most likely you should hear back from GC application you have plenty of time till October. But my recommendation, do not wait too long to renew your EAD. You can ask for a fee waiver too if $500 is too much for you. But you said you are studying if you get a job offer out of nowhere and you may need to use it. it is always good to be safe than sorry.
My thoughts.
You are eligible to work and have a driver’s license without the EAD. However, many employers and DMVs do not know this, and so it is easier to have the EAD. You can try to use the I-485 receipt to “pay” for a new EAD. That used to work, but then we got some rejections when we tried it, but maybe it will work and it would save you the fee. You can also try a fee waiver, form I-912, available at http://www.uscis.gov, if you are eligible. Take care, Jason
Hi Jason,
In the USCIS Dallas Lockbox UPS address for category C08: Is the below line part of the address or is it just a note for USCIS?
Attn: I-765 C08 (650888)
If that is part of the address on the USCIS web page, you should include that on your mailing envelope (so it gets routed to the correct office within USCIS). Take care, Jason
Hi Jason,
My EAD expires on 09/23/2021. I sent the EAD renewal application to texas service center via UPS yesterday. I should have mailed it on 03/24/2021 but I was 1 week late. I am hoping that I will receive the receipt within 1 month. If I don’t receive the receipt before my EAD expires, Would my work authorization be extended automatically for the next 6 months?
It seems to me that you have plenty of time. The 180 day extension will get you to March 2022, and you should have the new card long before then, even if the current delays persist. Take care, Jason
Hi Jason,
I got a follow up interview notice after supervisory review. based on your experience, is it common for supervisors to challenge an officer’s decision and try to see if they can reverse with a follow up interview ? or more common to clear up some points before approving the officer’s decision?
Thanks
Allen
Probably it is more common for the supervisor to have some additional questions. We had one like that pretty recently. Hopefully that will be your case too, but you should be prepared to discuss the entire case and, as much as possible, you should try to be consistent with your prior interview testimony. Take care, Jason
Thanks for the reply Jason. I just learned that it was a scheduling mistake by the office. Hopefully decision will come soon.
Hey Allen,
I had the same experience I was called after about two months of my interview and got another interview but it was short and there was new officer and after exactly 21 days I got approved. I wish you all the best.
Hello Jason,
What are you seeing as the average time to get an EAD renewal based on (c)(8) eligibility?
I have a pending asylum case (5 years, going into 6) and I have never had issues before renewing my EAD, but this is officially the longest I have waited (4 months now).
The timeline for this EAD is:
Nov 19 – Sent the I765 application with the supporting information
Dec 7 – Received the notice, dated to Nov 30. It got assigned a “IOE” receipt number, with POTOMAC as the service center
Now it’s 4 months after and no further updates.
Really sorry to hear about your long wait to get your EAD renewed GP. I just applied to renew mine earlier this month. My current EAD will expire in a couple of months, so I am also anxiously waiting to at least get the receipt so I can at least have the extension. It looks like a number of factors are causing the delays: new administration, obvious backlogs, and human resources to process each case, and course, the pandemic is added to the stress.
This is my 3th renewal and the first time that its taken so long that the previous one expired. Thankfully I got the receipt and the extension that comes with it, but now I only have a a handful of months before even that expires and I’m left without anything.
I hope you get your receipt soon. This waiting game and so much uncertainty is not good for our mental health
I also applied for EAD renewal (c8) in the last week of November, received my receipt on December 7 and my EAD expired this month.
Mailing address was Texas Service Center but my receipt came from Nebraska Service Center.
I guess the delay is due to COVID-19
We are probably seeing renewals take 4 to 7 months. It is ridiculous. I do think things are getting a bit better, but it is not easy to tell. Take care, Jason
Hi Jason, any reasons why work authorisation are declined for pending status ? Thank You
Sure – criminal or immigration issues, mistakes on the forms, general ineligibility. If you are eligible and pay the correct fee, though, it should be approved – we have not see mistaken denials, if that is what you mean. Take care, Jason
Hello Jason,
My wife is a dependent on my asylum application. When we applied for asylum, she was in status but after that, she went out of status. In short, she has been living here for more than two years as my dependent, does she accrue unlawful presence as a dependent or not? Thank You.
If she is a dependent on an asylum application, she does not accrue unlawful presence. Take care, Jason
Hi Jason,
If you have time, I’d be grateful to take your input on this. Apart from some form of ID and the interview notice (as well as copies of newly submitted supporting documents in advance of the interview, in case the officer didn’t receive them), what other documents do you think one should bring along?
Thanks.
For an asylum interview? All passports and IDs. All original documents that you submitted copies of. I did a post about interviews on September 8, 2016, and I may have discuss more about this in that post. Take care, Jason
Thanks, Jason. Yes, this question was for an affirmative asylum interview. I will look up your past article on this topic. Thanks again.
Dear Jason,
My individual hearing court date is cancelled. I work in healthcare and it’s mandatory to inform them in advance for new vacations period so I can prepare and attend my hearing. I would appreciate your suggestion for getting a new date as soon as possible. And is this possible for requesting a desirable court date during my vacations.
Thanks
You have limited power over when the case gets scheduled, but you can try to file a motion to advance the court date – I wrote about that on April 20, 2017. Take care, Jason
I could not agree more with your position Jason, and salute your courage — as “The Asylumist” no less — in suggesting that we actually need to strengthen the border and possibly our asylum laws in order to reach any kind of national consensus on immigration. And here’s another reason: if you are a real progressive, and want to increase the social safety net in the US, it is imperative that we maintain sound borders. If the issue of the southern border is not addressed by the Biden Administration forcefully in the next year, 2022 will see a Republican sweep in Congress and the return of Trump or someone equally anti-immigration in 2024.
I am in favor of a more generous policy at the border. However, that decision needs to be made democratically, and not through litigation. If we ever could have a rational debate on this, I would argue in favor of more generous policies, but more important than that is to reach a democratic decision that has the support of the general public (and I think my “generous” position would probably be in the minority). Sadly, I do not think we are on the cusp of such a debate or any type of rational policy at the border. Take care, Jason
Hi Jason,
I sent my EAD application renewal To USCIS one month Ago. Until Now, I Have Received neither reception notice nor fee charged appeared on my payment method. What happen if I send another application? In case they lost the one I sent. I just don’t want to risk losing my job.
Thanks
Receipts are delayed, and it could take a few more weeks. I would wait, as I think sending a new application would potentially cause confusion (and waste money). As long as you sent the application to the correct address, you should receive the receipt within the next few weeks, hopefully. Take care, Jason
Jason,
I’m Not worry about the receipt; the thing is, they do not even charge the money. Maybe my case not in the system. I don’t know how they operate.
The delays seem to be occurring after USCIS receives the mail and before they open it. Once they open it, they should cash the check and send the receipt around the same time, so probably that is what will happen for you too. Take care, Jason
@ MO
I sent my I-765 Renewal application on 23rd March 2021 to Texas. Today 29th March 2021, I got an email and Text Msg from USCIS saying case is received and I-797 is emailed.
I reached out to my lawyer today regarding my application for my renewal of my EAD and he said its taking upwards of 6 weeks for them to process it. So, I hope by the middle of the new month I should hear some good news. Wishing you the best of luck.
You must read this, so much truth in it:
https://www.newyorker.com/humor/daily-shouts/bidens-eightfold-path-to-citizenship
Hey Everyone,
I’ve just started recovering form a severe COVID-19 infection. I got infection back in December now I’m strong enough to realize that:
My EAD is expiring in two months!
I’m terrified of losing a job I was lucky to get after years of Pizza delivery, Uber, retail, and construction. I’ve been working for this company for about 2 years now.
Could you guys share with me as many details as possible about the following:
1- What is the best payment method (to avoid “$410 application fees + $85 Biometrics” payment expiring before processed, should I divide the amount or add them up) ?
2 – Time line
2.1 When did you mail in your application?
2.2 How long it took between mailing in your application and receiving a receipt / receipts (I think there are
two, one of them is a 6 month extension) ?
3 – What should I expect form HR if I don’t get the auto extension in time (based in your experience)?
4- Anything I should pay attention before sending the package?
I am so sorry to hear about your health.
When I sent my renewal application, I wrote one check for $ 495, and on the check memo, I wrote “EAD$ biometric”.
I got my receipt within 3 weeks. That was last September before the delay.
If you do not get the receipt in about 4 to 6 weeks, I would call USCIS customer service, and let them know you may be loosing your job if you do not get the receipt.
I believe every HR is different, and I have always received my receipt on time, so I have no ideas on that one.
Feel better.
Jason please explain to asylum seeker that with his receipt number he can get up to 180 days extension with his expired EAD.
Asylum seeker,
You get one receipt, and the receipt provides the 180 days extension as well.
I’m in a similar position and I don’t see any charges to my bank. I’m starting to wonder if my attorney actually submitted it. I’m contacting him first thing Monday morning. I can of course provide my i94, but I really want to avoid bringing up my asylum at work if I can. I wish I had submitted mine a little earlier.
Write a check of $496. Use express mail to track. Use their mail box address. Send asap. I was lucky, I got reply withing 14 days. Good luck and God bless. I got my EAD in January.
Ignor the typo it would be $495.
1 – The fee is $495 unless you become a member of ASAP or Casa de Maryland – I did a post on September 23, 2020 with links to those organizations, and ASAP is free (Casa may be free too, but it may be $30 or something like that). 2 – probably 4 to 6 months. Receipt were slow, but that is getting a bit better. It can easily take a month though. Once you get the receipt, the old EAD is extended for 180 days. 3 – If you have a pending asylum case and the card and the 180-day extension expire, you are not legally eligible to work. Some HRs are more flexible about this, since once you have the new card, it will retroactively cover the period when you were not eligible. 4 – Make sure to file before the old EAD expires; otherwise, you do not get the 180 day extension. Also, there have been changes since you last filed, so check the I-765 instructions. Take care, Jason
Given the current conditions, is there a maximum threshold for the waiting time to have our first interview? I am already exceeding 6 years of waiting to receive my interview at Arlington office.
How long of a wait is too long? Is there a hope to eventually end this wait game before it ends us?
Any update if Biden administration considers to change “LIFO” to “FIFO” and update the asylum scheduling bulletin, again. Without the bulletin, we are in utter darkness – this situation kills us like “slow poisoning”. After God, we hoping that Biden mercy on us and consider our vulnerability and desperation.
Majority of us are not economic migrants, we have “well-founded fear of persecution” that still disrupts our night sleep as we are living in extreme uncertainty and statelessness. I humbly request on all attorneys and human right activists reading this message to periodically check on your clients, we need your help. We don’t have anyone in this country except you. Though our relationship might be legally contractual but as human beings, we need moral support. Let’s work together to help all asylum seekers but especially the ones that have been waiting for years. We understand the system is imperfect, unjust, and doesn’t have enough human resources. By raising our voices and doing advocacy for our universal human rights (stipulated in article 14 of the Universal Declaration of Human Rights), the government is obligated to schedule our interview and provide us the privileges that we deserve as per the domestic and international law.
Unfortunately, there is no maximum. And if I remember, there were cases from the 1980’s that took 10 or 15 years or more to resolve (my first job in the field was in the late 90s and I think I saw some of those, but my memory on that is fuzzy). You can always try to expedite – I wrote about that on March 30, 2017. I am strongly in favor of returning to FIFO, or at least having a hybrid system with some officer dedicated to old cases. If we did either one, we really need the scheduling bulletin, as it gives some vague idea about when an interview will be. Some advocates are less favorably disposed towards FIFO and my sense is that this is not a priority for immigration advocates. I think it should be. In terms of suppose, I think you should not rely on attorney for support beyond your case. It is not our specialty and we have very limited time. There are support groups that can assist asylum seekers. One in my area is TASSC.org. It is free and if you are not in my area (Washington, DC) and you contact them, they can refer you to other organizations. Take care, Jason
Hey all . Are there any asylees here who submitted i485 and it’s being processed at MSC ( NATIONAL BENEFITS CENTER) . I’m very confused . There’s no information on this place or processing time
Hi Liureza,
I’m in the same boat as you are. I submitted my case at Texas Service Center last year and receive the receipt from National Benefit Center, Overland Park, KS (this center is not listed though) with MSC case number. Later received an update and a receipt that fingerprints were applied to my case but this time it was from Lee’s Summit, Kansas City, MO National Benefit Center. Lee’s Summit processes Employment based and Family based I-485 cases, not asylum cases so I have no idea what is going on with that and just waiting. So, I would say wait what they do. Frighteningly, Lee’s Summit, MO NBC has I-485 case processing times up 13.5 to 51.5 months.
Hi Jason,
These days I am seeing more people stating that their case status has changed from “Decision Is Pending” to “Application Is Pending”. I first thought this is a new thing but was able to find some old comments stating this so it is not new but may be happening more frequently these days. Although everyone (including USCIS) states that they are the same but I think if they are the same why it happens for some and not for others? Is this something from a computer glitch or it is a real update but no one wants to dig in further. Anyway I am curious to know if anyone’s status has directly changed from “Application Pending” to “Decision Is Mailed” or it should first change to “Decision Is Pending” before ultimately changing to “Decision Is Mailed”.
No matter what it says if it is “decision is mailed” it is most likely you will receive your decision. It may be different for others but I am receiving an online update in this order; initial application (October 2016), interview scheduled (February 2019), Decision pending (March 2019), initial application (August 2020) It stayed that for a while.
Then last week (last 7-8 days) I have a series of updates in 24 four hours cycle; decision is pending, fees were waived, desicion is made, decision is mailed, cards is being produced, case status was updated to show fingerprints were taken.
Thankfully my decision was approval.
Here is the whole timeline; I hope the system gets better soon and we do not wait long for green card and citizenship
*Nov 2016: First application
• Nov 2018: First expedite request (with the attorney)- Approved & Interview is scheduled.
• Feb 2019: The interview is done.
• Aug 2019: 1st follow up (with senator): Response-Unresolved issue-
• Dec 2020: 2nd follow up (with senator): Response-Unresolved issue-
• Apr 2020: 3rd follow up (with senator): Response-Unresolved issue-
• Nov 2020: Second expedite request (Individual): No response.
• Nov 2020: Second attempt for expedite request with Senator: Accepted, Response- The decision at final stage of processing.
• Jan 2021: 4th 5th follow up (with senator): Response: Issue with the background
* Jan 2021 Ombusdman application
**March Decision is made; approval
Hi FIRSTRESPONDER,
Thanks for your reply. I am happy that your case got finally decided. Would you please let me know how did you make an expedited request with the senator? How did you contact the senator and ask for expedite?
Jason was sharing a link about how to find your representatives but it is something easy just google and find your state senator. Most of them have a website you can ask for support/service. You may also contact/call them and learn how they assist you in USCIS cases. One officer they will assign you. They will ask you to fill a form disclaimer privacy type form. Then you will work with your officer. I send my expedite request to my representative and she forwarded it.
FIRSTRESPONDER,
Thank you so much,
Did you contact the same office and senator each time you made an inquiry/request?
May I also ask if you uploaded your whole asylum case while filling the Ombudsman form or just the documents regarding your unresolved correspondence with USCIS and Senators? (I see that they don’t clearly specify this in their forms)
Yes. Once a person is assigned for you she/he works with you over the case. After my first inqury the person forwarded the USCIS’s office response to me. In the response it says “this and that delay etc etc etc…. Our office asks that you kindly allow at least 90 days for any further follow up regarding this matter.” so you remind them to follow up after 90 days. they repeat…
second question:
just the documents regarding my unresolved correspondence with USCIS and Senators. there was a limit for upload and I thought they have nothing to do with the content of the case, They want to help with the procedure…
“
Wow! Quite eventful.
Tina,
You are an asylum seeker, nothing is simple?
you should have nerves like iron, determination of rock right…?
I hear you!
OK, now I can say it – Congratulations! Also, thank you for sharing the timeline. Take care, Jason
Jason,
All official application after my first submission, learning about expiditing, asking senators support, ombudsman, receiving updates, everything more I did were possible with your generous sharing and information shared by the members of this forum.
Any time I feel down I came here, any time I want to search for an answer I visited previous entries.
I can not express how important this page in the life of an asylee.
Jason you are my candidate for any humanitarian award. I want to meet you in person some time in the future and hug you.
Thank you for the kind words. I am very glad it worked out. And I will be happy to give you a hug too, though probably only one of those bro hugs, which are relatively Covid safe. Take care, Jason
Hi first responder
Congratulations to you
Then Bro hug it is, air hug works too. 🙂
They have a lot of weird codes in the government, and so I do not know. You would think Application Pending means the person was not interviewed and Decision Pending means they were interviewed, but I really do not know, and that does not seem to be the pattern. Take care, Jason
Hi Jason thank you so much for your support! I really appreciate it!
I have a question if you don’t mind. How can I get a student loan without a co-signer? I have a full time job and a good credit score but I don’t have gc or citizenship to get financial aid):
I do not know about that, but often the universities can help – the financial aid office, for example. Take care, Jason
I am not sure what it means but this happens with me. During first 6 months, it was decision is pending then it changed into application is pending. When it was application is pending, I received my decision. I think it doesn’t say much expect one thing that the decision might take longer. After it changed into application is pending, I received my decision after two years.
What are these people fleeing these war-torn, drug cartel, gang-infested, poverty-stricken nations really supposed to do though? They honestly have no choice! When the platform (Government) in their own country can’t protect them or take action against the problem, they have to do this.
Trump has used the past 4 years to poison and weaponize immigration in its many forms. Yet, we don’t even look at the root cause of a lot of the problems in South America is at the hands of past US governments that enabled some of these “installed” dictators; or deporting gangs back to these same countries in the first place. When what they should have done was promote fair elections, rehabilitate those same prisoners, create better relations and opportunities to have people come and work in the US without the false restrictive requirements.
It would be a different story. But what I have realized about this country, is its nature to be a corporation and part of the basis of it is to create problems to have fabricated solutions or to show itself as a world power. I am thankful to be here, but I have to be honest that, there are a lot of problems here in this country and you can even see how it handles things like backlogs on cases that I think are intentional. The root cause is always money and think that’s why we have the border crisis because these people are not coming with 6,000 in lawyer fees, 9 grand to pay in taxes almost every year.
The only thing that separates me from those people at the border is that I had a valid B1/B2 Visa, could afford a plane ticket, stay at a nice hotel, consultation with a lawyer.
This country has the money and resources to help these people, money is wasted here left, right and center. A friend who used to work in local government for a state doing the numbers told me how disgusted he was by how much money is wasted. It forced him to even leave the job because he couldn’t do anything about it.
When you can waste trillions on wars, pay politicians to do nothing, have accumulated wealth among only 1% of the population, trillion-dollar companies, yet people who are desperate and willing to work hard and just want a chance at safety and better standard of living for themselves and their families. Those children they are bringing here I would consider a huge opportunity. Youth represents the future of a country, its growth. This evening I was standing at a bus stop and I saw a white young man, disheveled, no teeth, syringes poking out of his backpack, sweat pans falling down below his butt. I said to myself, geez, this is really America? Yet the same state throws hundreds of millions at his type of problem, yet 9,500 people, ready to give their all for this country are considered as undesirables. They are the bedrock of this country that builds your houses, keep those lawns manicured, keep your supermarkets looking first world, picking all the fruits and vegetables we love to eat and throw away and complains about how our grocery delivery is still not here after I ordered 30 mins ago.
Let’s face it, the jobs that these people are ready and willing to do, most American’s don’t even want to do it, and it’s decent labor, too. It’s not an excuse for why they should be here, but the rhetoric I keep hearing around immigration is that they are stealing jobs. I work in an environment I would call a revolving door, its decent money, but even this job, Americans don’t want to stay it. I started out 12 Americans in this job and only 3 of us remain it after 2 years. But even farmers in red states say they need these people, or else no one is gonna collect the eggs and milk. Britney and Todd sure aren’t gonna do it, they are looking for the next ticket outta Kansas.
So, I think the hypocrisy needs to stop. Of course, bum-rushing is not gonna help either, but just start processing these people and stop keeping them stuck for years going nowhere, use some of that wasted money and put these people into some of these empty desperate hotels.
I agree with this entire analysis. My issue is that we as a nation need to make a decision about who we want to protect. We have not made any decision about that, and the result is a political crisis. Another result was President Trump. Even assuming that the general public understood the humanitarian need and the harm people have suffered who are coming here (and I think this is not widely understood and the migrants have been maligned by racists and anti-immigration people), I think it will be difficult to garner a lot of support for allowing everyone in. We need to keep working on raising awareness, but I feel like we are not making much progress in that regard, and my concern is that the border “crisis” is going to derail any other effort at immigration reform. Take care, Jason
I agree with you Jason…it seems that Republicans are ramping up their attacks on Democrats over the ongoing crisis at the boarder…this crisis if not well managed may cost Democrats both houses in midterm election…I have been watching Biden’s News conference right now…he got a grilling on immigration and sadly he seemed very confused and unconvincing…I have a feeling Democrats will pay a heavy price for this…
It is hard to get started and have to deal with this, and they have some time. Not too much, but some. Hopefully, they will find a way to manage the situation. I know I am a broken record on this point, but unless we have a decision about who qualifies for asylum, we will continue to struggle with this issue. Take care, Jason
Jason, thank you for sharing your points on this issue! I really appreciate- and I can tell- how you try to use a nuanced approach when discussing this topic. From a strategic standpoint, I largely concur with your points. However, from a moral and legal standpoint, I have to disagree- again.
I don’t believe that publishing a list of who qualifies for asylum- especially when it comes to asylum applicants who could potentially be classified as asylees/refugees under the PSG category- would solve the so-called border crisis. To put it differently, even if the courts decide to completely remove the PSG category of asylum seekers tomorrow, or clearly define the PSG, people from Central America would still try to cross the border. Are we really going to pretend that most of the people crossing the border understand the complex legal analyses of Matter of A-R-C-G-, Matter of S-E-G-, or Matter of E-A-G-, for example? Furthermore, are we going to pretend that asylum laws, or the concepts of “refugees” and “asylees”, as they currently are, predate this perennial border crisis? By the way, what makes the right to practice a religion, or worship an inanimate object, for example, as it concerns asylum eligibility, superior to any other characteristic, practice or situation that attracts harm or poses a danger to an individual’s existence? Should we consider the right to life, liberty and the pursuit of happiness- basic rights ostensibly enshrined in the United States’ Declaration of Independence- as the yardstick for determining who qualifies for asylum/refugee status? How many of these basic rights are infringed- or allowed to be infringed- for the people who are trying to cross the border?
America’s racist immigration history aside, how’s Trump’s supporters’ xenophobia even remotely surprising? Besides, what relevance, except amoral politicians weaponizing an immigration issue to gin up support, does Trump’s supporters’ xenophobia have on existing asylum laws, or America being a signatory to the refugee Convention? Furthermore, an equivalence of this would be to think that it may be reasonable to deny someone asylum status because nearly half of the country is homophobic or anti-Semitic.
I agree that the border situation is politicized as well as sensationalized by the “liberal” and “conservative” media. I also agree that the U.S. has the ability to quickly process these people and return who’s supposed to be returned. However, the U.S. has refused to do so.
There is one thing that really bothers me that everyone seems to be ignoring, though. I am not sure how I feel about these parents sending their children to take this dangerous path to the U.S. border. These parents should be held accountable for endangering the lives of their children. Also, family members who reside in the U.S., if it can be proved that they have a part in it, should face some consequences.
Thank you for this. It is well thought out as always. I think it is important to separate out the moral and the practical. From a moral point of view, I agree that it is strange to deport someone to face persecution because they did not fit into a protected category. From the person’s perspective, they will still be harmed. However, the asylum system has an inherent moral component (nexus). We prioritize some types of harm over others. This moral component has changed over time – the definition of PSG has expanded through litigation. It used to be a legal backwater and now it is an important path to protection for many people. While I agree that the migrants themselves will not know about the various BIA PSG cases (I don’t really understand those cases either), they will understand the incentives created by those cases – if PSG were eliminated as a category, for example, most Central America migrants would be rejected, and that would send a message. I think we as a nation need to make this decision democratically and honestly – we should not pretend (as Trump and his supporters have) that the migrants are rapists and criminals. We should recognize that they face severe harm. And then we should decide to accept them or reject them. Personally, I think we should err on the side of protecting more people. But I also think we should make the decision democratically and not (as we have) through litigation. There is a lot more to be said on these points, and it is a debate I wish we as a nation could have, but I doubt we will. One last thing – in the above article, I am more concerned with what is practical than what is moral. In practical terms, I fear that the border “crisis” will derail any effort at immigration reform, even a relatively popular effort such as legalizing Dreamers. In other words, I fear that we will end up with nothing, as has happened many times before. Maybe (emphasis on maybe) if we compromise on the border, we can help people who are already here by passing an immigration reform bill. Take care, Jason
And apart from not achieving anything, democrats may pay huge political prices in 2022, and 2024.
Guess what will happen then? Both the 11 million, the backlogged asylum seekers, an other cases, all go down together.
I think I support the compromise for the sake of practicality.
Of course, whether even a compromise plan will work, we do not know, but I think it is worth exploring. Take care, Jason
I mean, who sends a minor kid to such a dangerous journey?
Who can care for children better than the parents in whatever situation?
I honestly do not get it. Will all the children in central America be sent over to the US border, eventually, since Biden said the kids can come unaccompanied, and stay?
This is so unrealistic, because the government is not even able to cope. These are children!
I agree with Jamie that these parents should be held accountable for endangering the lives of these kids.
I can understand if a child from 16 years is sent on this journey, but a 12 year old or less?
How is a 12 year old and less able to even brace up for this journey.
My heart really breaks for these kids.
It has been my hope that my fellow asylum seekers that went through the last couple of years with me have their cases resolved soon. If Democrats squander this opportunity, what happens to these people that have been in these hole of uncertainty, depression and anxiety .
Close the border, and sort out the people that are here already . Get your house inorder, and decide what to do with central America, and the rest of the world that come through the same channel.
I am so over this!
Why can’t they shut down the border, and sort out the pending cases. More asylum seekers will come, so do a background check for everyone in the backlog, and provide a path to citizenship.
After that, concentrate on immigration reform, so that cases can be decided expeditiously, thereby reducing the incentive for EADs through backlogs.
USA has to start on a clean slate. It cannot work both ways.
Even if they revert to FIFO, it will take forever to resolve the backlog. New cases will start a new backlog.
I think the large majority of these unaccompanied minors (UACs) are between 15 or 16 and 18. I think the reason that the parents send them is that they are desperate to get them away from the gangs. The threat of violence, rape, and murder down there for young people is very real. We need to keep that in mind and not demonize these people. Whether that means we should accept them to our country is a separate question, but we should have an honest discussion about what to do. And also, I want a pet unicorn. Might as well put that on my list since we are wishing. Take care, Jason
Jason, I WILL DO ANYTHING to protect my kids from danger, but my heart broke yesterday while I watched this.
I agree that most are above 16, but many of them are under 12. I saw a 10 year old. I would not sent a child on such journey!
They could be anyone’s kids on this dangerous journey for survival, except these routes are not as dangerous as I hear they are.
I just feel it is not practical to ask more people to come when there is a huge immigration backlog.
I am not saying the border should be closed permanently. I believe they will be better able to help people and manage the situation if they can close the border temporarily, and clear out people that are already here.
You send families who are fleeing the same situation back, and keep minor kids. What about the minor kids that are with those families? Shouldn’t everyone get the opportunity to present his/ her case at a time you are able to hear them out?
I think the basic question is whether we want open borders. Most Americans do not. And so a decision needs to be made. We also have to preserve our humanity and at the same time think about the incentives our different policies create (for example, allowing unaccompanied minors to enter creates an incentive to send unaccompanied minors to the border). It is complicated, to put it mildly. Take care, Jason
I would not send*
Tina and Jason, thank you for your response! You guys put forward some excellent points. You seem to better understand the situation than the politicians do. Then again, I suppose they think it would be political suicide if they don’t send a message of doom and the end of America if they humanely process 9000+ kids.
Then you have “people” like Ted Cruz… His false sense of concern! Clearly preparing himself to run for President (yes, Ted actually showed up at the U.S. border with what looked like an ordnance or military). How masculine and tough! Clearly trying to keep himself relevant. This is what I am talking about- U.S. politicians being morally bankrupt by trying to gain a political advantage from very unfortunate situation.
I also still don’t believe that making it clear who qualifies for asylum would stem the flow of migrants crossing the U.S. border. When people face desperation, or a threat to their very existence, they don’t care about the definition of a refugee, or whether or not they qualify for asylum status. The fact they risk taking the journey- some traveling over thousands of miles and through different countries, by the way- should be an indication that they are extremely desperate to come to the U.S. and nothing, not even a clear or narrow definition of “PSG” or asylee, will stop them from coming. What concerns me is HOW the U.S. handles this. Does the U.S. make this political instead of just accept who qualifies for asylum or TPS status, and then return who’s supposed to be returned? The way they are acting you’d think it’s going to be the end of the U.S. or the world if they process these children/people- or border crossing is something new to the U.S.! Almost EVERY administration has or had to contend with this.
I also can’t fathom allowing my child, even if the child is 15 or 16, taking this dangerous journey to the U.S. border. Some of these children are traveling for weeks or months, and are passing through many countries that can be considered dangerous (some of the countries have gang members who recruit young men. Some are also known for human and drug trafficking). We also need to understand that many of the parents are sending their children simply because it’s a more promising administration, or they are seeking a better life economically, and not necessarily because of gang violence or gang recruitment (for the record, seeking a better life is definitely OK with me). I also understand that many of the people attempting to cross the border are not classic asylees/refugees (insofar as existing asylum laws are concerned). HOWEVER, If the U.S. had system that actually works, the system would simply screen people- humanely, I must add- and based on the screening, accept who’s supposed to be accepted, even if it’s for a limited or temporary time, and return those who are supposed to be returned. It’s not rocket science. We are actually not trying to land on Mars or live on Mars.
I agree that people will continue to come here as long as the situation is bad at home (and the situation is very bad in some of these places). The fact that parents allow or help their children to make this journey speaks to their desperation and the danger the children face at home; I do not think it makes them bad parents – they are making a rational decision after weighing the (bad) options. That said, we need to make a decision about who we want to let into our country. If we better define PSG and then implement that decision, it will create incentives for people to come here or not, and once people see how things are working (or not working), that will influence their decisions about whether to try to come here. I do think we need a decision about this, and I think that will influence who does and does not come here. I just don’t think we are capable of having a rational, fact-based national conversation on this point. Ted Cruz and his idiotic stunts and theatrics is Exhibit A in that regard. Take care, Jason
Please forgive my grammatical errors (I know they are there). I am famous for multitasking. I also don’t proofread before I send my comment. Funnily, I read over the comment(s) minutes or hours after I’ve sent it, and this is the time I usually notice the errors LOL
Enronn Sierra, where did you learn to write so beautifully and nice? Are you a native English speaker, majored in English or took a course in it? I am impressed. I would appreciate your thoughts. Thank you.
Hello Jason! Would you please help me with couple questions?
1.Do I need to get an updated police record to renew EAD? I have an old one when In renewed my third EAD from 2018, would that work?
2. What if my passport expires this year and I cannot renew it, would it be a problem for me in the future. For example, renew EAD?
1 – If you have criminal arrests, you need to submit evidence about the disposition (final outcome) of the case. So if that is from 2018, it should be fine, but if anything has changed since then, you should get the most recent documents. 2 – That would have no effect on the EAD. The only problem it would cause is if you wanted to travel using Advance Parole, since you also need a passport. Take care, Jason
Hello Jason,
If the asylum case referred to the court and the IJ deported you, and you did not have unlawful presence in USA, will you get 10 years bar automatically?
Thanks!
You can ask for Voluntary Departure in lieu of deportation, and if the IJ grants that, it will avoid the deportation bar. As for the deportation bar itself, I think it is either 5 or 10 years depending on the facts of the case. The length of this bar has always been a bit fuzzy for me, plus most (but not all) people who get deported are also subject to other bars. Take care, Jason
Hi Jason, I’m following the asylum news from your page, thank you for that… I want to ask you if there is any new news that can help the people who filed for asylum in 2016?
Not particularly. At this stage, the first step is to try to expedite – I wrote about that on March 30, 2017. If that does not work, you could try a mandamus lawsuit. Things do seem to be getting a bit more busy, at least in my little corner of asylum world, and so maybe interviews will pick up, but based on what I have heard, every office is still using LIFO (interviewing new cases first) and the backlog continues to grow. Take care, Jason
Hi Jason; such a great article. Last week congress passed the U.S citizenship act of 2021; and hopefully it would be passing soon in senate. Do you know if asylums applicants who applied for asylum on 2016; had an interview on 2018 and waiting for their decision until now (pending decision) would be also including in the U.S. citizenship act?
The bills that passed the House last week were called ” 1. American Dream and Promise Act and 2. The Farm Workforce Modernization Act ”
You could read more about these 2 bills on this link: https://www.cnbc.com/2021/03/18/house-passes-dream-and-promise-act-setting-up-path-to-citizenship.html
If I remember correctly, the U.S citizenship act of 2021 bill has not even been brought to the House floor for voting yet.
As far as I know, the US Citizenship Act of 2021 (the bill that would potentially legalize 11 million people) has not passed the House. Two smaller bills, for Dreamers and farmworkers, have passed the House and will be considered by the Senate. If the US Citizenship Act become law (which seems to be a long shot), I believe it would legalize anyone who was here prior to January 1, 2021 and who did not have lawful status – a pending asylum case is not lawful status for this purpose. And so unless you have some other status (like F or H1b), the bill would probably help you if it becomes law. Take care, Jason