President Joe Biden sent the U.S. Citizenship Act of 2021 to Congress on January 20, his first day in office. This bill provides a roadmap to citizenship for undocumented individuals, prioritizes family reunification, addresses the root causes of migration from Central America, modernizes border security, and aims to reduce the Immigration Court backlog.
But even if the U.S. Citizenship Act becomes law (which seems increasingly unlikely), it does not address the backlog of over 373,000 affirmative asylum cases–these are mostly individuals who entered the United States legally with visas, and who then applied for asylum. They include democracy and human rights advocates, journalists, religious minorities, and members of the LGBT community, among others. Many in the backlog are torture survivors and others who have suffered severe persecution. Since one case sometimes contains several family members, the total number of people waiting in the affirmative asylum backlog is something like 600,000 individuals. Many of those in the backlog have already been waiting four, five or even six years for an interview. These individuals represent a “Hidden Asylum Crisis” because their suffering is invisible to the general public and has thus far been ignored by lawmakers.
The years-long delays have forced torture survivors and other asylum applicants to live in uncertainty (since they have no idea when their cases will be resolved) and fear (since they could be deported to a country where they face harm or death).
In response to this problem, advocates are organizing a nationwide campaign to convince USCIS to make several administrative changes that would reduce the affirmative asylum backlog and make the system more efficient. Thus far, these efforts have focused on several members of Congress.
For example, the Program for Torture Victims in Los Angeles (“PTVLA”) reached out to their local Congresswoman, Judy Chu, to arrange a Zoom meeting. Carol Gomez, Clinical Director of PTVLA, and several staff members met with Congresswoman Chu’s immigration aide. Over 40 torture survivors–from Uganda, Nigeria, Russia, Cameroon, Zimbabwe, Eritrea, Kenya, Sudan, Saudi Arabia, and Mexico–participated in this effort by signing a letter that Carol and PTVLA sent to Representative Chu’s office.
Congresswoman Chu was one of seven House Democrats who led the effort to introduce the U.S. Citizenship Act in the House of Representatives. The others were California Congresswomen Linda Sanchez, Karen Bass, Zoe Lofgren, and Lucille Roybal-Allard, as well as Nydia Velasquez and Yvette Clarke from New York.
PTVLA is asking Congresswoman Chu and other Representatives to send a letter to Alejandro Mayorkas, the Secretary of Homeland Security, who oversees USCIS and the affirmative asylum office. PTVLA and its allies want Secretary Mayorkas to recognize the plight of affirmative asylum applicants by making several administrative changes to how USCIS schedules interviews. These changes include–
- Assigning a specific number of Asylum Officers to interview exclusively affirmative asylum applicants (currently many Asylum Officers are deployed to the Mexican border, which has thus far received priority over affirmative asylum cases). Hiring more officers would also help reduce the backlog more quickly.
- Returning to FIFO (First-In, First-Out), so that asylum cases are interviewed in the order received. FIFO is a fairer and more humane system than the current LIFO (Last-In, First-Out) system, where USCIS tries (and usually fails) to interview new cases first, and those in the backlog have no idea about when their applications might be heard.
- Reinstituting the Affirmative Asylum Scheduling Bulletin, which gives asylum seekers an idea about when they might expect an interview.
If Congress can be convinced to reach out to Secretary Mayorkas, it would bring needed attention to the issue of the backlog and could result in a change in policy. You can see a draft version of the letter PTVLA and other advocates are asking Congress to send to Secretary Mayorkas here.
Your Chance to be an Advocate for Affirmative Asylum Seekers
If you are an asylum seeker or a survivor of torture and want to get involved in the advocacy campaign to reduce the backlog, here are some steps you can take–
Identify your two Senators and your Representative and call them: You can find your Senators here and your Representative here. You can find phone numbers for their Washington, DC office on their website. You can also send a message through their website. Staff members do listen to voice mail and read messages sent through the website.
Your message: Explain that you are a torture survivor or an affirmative asylum seeker (or an attorney or advocate who works with this population). Tell them about your experience in the U.S. asylum system. How long did you wait? How has that affected you and your family? Make sure to leave your name and address, so they know you are a constituent. You do not have to be a citizen or have a Green Card to contact your elected representatives. They want to hear from you. You can also ask friends, relatives, co-workers, and members of your church or mosque to contact their elected representatives as well. The more people who call or write, the more likely the representatives are to respond.
Here is an example of an email or voice message–
Hello, my name is Kizza. I am a torture survivor from Uganda and I live in Los Angeles, California. I support the new US Citizenship Act and its humane approach to welcoming non-citizens to the United States. But the bill does not address people like me, affirmative asylum seekers who entered the United States with a visa and sought protection in this country. I have been waiting five years for my asylum interview. I am suffering so much because of this long wait, and I fear I could be killed if I am deported back to my country. Please ask Secretary of Homeland Security Alejandro Mayorkas to make the changes necessary in USCIS so that asylum seekers who have waited years for their interviews will be interviewed soon.
Once you have contacted your representative, please email Gary Sampliner at gsampliner@hotmail.com. Let him know your name and where you live. That way, we will know how many people from each state are contacting Congress (Gary is a volunteer who has offered to keep track of asylum seekers and their advocates who are reaching out to Congress; he is not an immigration attorney – Thank you Gary!). By working together, we can influence our lawmakers and improve the asylum system for everyone.
[…] unlikely. In part, that’s because Congress rarely gets much done, but also, I know from my lobbying efforts that at least some Republicans support asylum and would not agree to major changes in the system. […]
[…] April, I wrote about our efforts to lobby Congress for help with the affirmative asylum backlog. Those efforts […]
Hello Jason!
Thank you for your information they are very helpful and give me hope.
I have a question please:
I am on Asylum pending since 2015 waiting for an interview in Boston, President Biden just approved temporary protected status for haiti and if you are here you can file a new application, makes me qualify to apply.
I dont know if i apply i can carry 2 cases? with tps we don’t know what will happen and seems like no green card involved since is temporary.
If I dont apply how can i expedite my case?
What is your suggestion for me please.
And also
I would like to purchase a house my friend told me when you are on asylum pending you can’t apply for a house or go to school unless you pay cash money, do you think is it true?
Thank you
You can have TPS and asylum pending at the same time, but the only real advantage to TPS is that it allows you to travel and return to the US more easily, so if you want to travel, maybe TPS is a good idea. Also, in case TPS gets turned into something permanent, you will be able to take advantage of that (historically, we have not seen that happen, but you never know). You can try to expedite your case – I wrote about that on March 30, 2017. In terms of buying a house, I have had many clients do that. I think it may be more difficult to get a loan, and so you have to shop around to different lenders, but I think it may be possible. Take care, Jason
Thank you Jason,
I am afraid if i chose to apply for TPS i will have to cancel Asylum.
Àlso supposely I have TPS can i apply to adjust my status in 19 Months by filling form I 615 , under section 245 A of INA?
Thank you
Regards
You can continue an asylum case even if you have TPS, but I know of no way to adjust status based on TPS, at least not at this time. Take care, Jason
hi Jason. i applied for asylum in december 2015 in New York and my immigration office is Newark. still don’t get no interview date. any help? feeling desperate 😩
I don’t think we will ever be interviewed…
Hi Jason, I applied for asylum in May 2015 in the Anaheim office in CA. I am still waiting for an interview. Is there any information on how many applications are pending in Southern California? Is there any chance to get an interview this year?
My life is on pause for several years. My passport is expired only valid ID that I have is my DL. I am desperate situation.
Thanks
I think there has been no new statistics since about 2019 (I did a post on February 5, 2020 where I provided a link to the 2019 data). I think your only real option is to try to expedite – I wrote about that on March 30, 2017, and if that fails, try a mandamus lawsuit. Unfortunately, the system is still a real mess. Take care, Jason
Last week I red a letter by a group of senate democrats requesting to include Undocumented Essential Workers to be included in the Infrastructure bill to be debated on in Congress soon. I am wondering if asylum seekers working as essential workers will be concerned among those undocumented workers to be granted green cards.
I have not seen the proposal, but I would expect some asylum seekers would qualify as essential workers. I know that some of my clients are directly involved in Covid relief efforts. Of course, I would be in favor of an expanded definition of who is essential – teachers, grocery workers, sanitation workers, and many others who are not directly involved in medical care or research are essential. Take care, Jason
hi Jason. i applied for asylum in december 2015 in New York and my immigration office is Newark. still don’t get no interview date. any help? feeling desperate 😩
A lot of people are in this situation. You main option is to try to expedite. I wrote about that on March 30, 2017. You can also try a mandamus lawsuit – that sometimes works to get an interview. We wrote about that on October 2, 2018. Take care, Jason
Here is the feedback email from my senator office , and it’s seems like they didn’t read my message properly 😒
April 13, 2021
Thank you for contacting me about our nation’s immigration system.
The United States takes great pride in being a nation of immigrants. In 2019, Virginia was home to over one million immigrants, making up 12.5% of the state’s population. Immigrants are an integral part of our founding, culture, society, and economy and make up 17% of Virginia’s workforce. The skills and talents they bring are critical in assuring our country continues to lead in world-class innovations in competitive areas such as science, medicine, and technology.
After four years under the Trump Administration, our immigration system is in dire need of immediate reform and rehabilitation. I believe President Trump’s anti-immigrant rhetoric and heartless treatment of immigrants did not reflect the values of this nation. After the cruel zero-tolerance policy that led to family separations, the detainment of children in cages, the construction of a wall and militarization along our southern border, and leaving DACA and Temporary Protected Status (TPS) recipients in limbo, the time to rectify the moral and humanitarian abuses of the past is now.
Earlier this year, President Biden sent his immigration bill, the U.S. Citizenship Act of 2021, to Congress. The U.S. Citizenship Act of 2021 would build a better immigration system that prioritizes family reunification, brings 11 million in the undocumented community out of the shadows and on a path to citizenship, stands up for human rights, addresses root causes of migration, and includes a smart border security strategy. The bill creates an earned path to citizenship for our immigrant neighbors, community leaders, friends, and loved ones, including Dreamers and the essential workers who have risked their lives to serve and protect American communities during the global pandemic. This legislation is an important first step in restoring the values of humanity, morality, and inclusion in America.
I have supported immigration reform efforts in the past, and as we move forward, I will continue to monitor and support long-term legislative solutions that will benefit the United States’ immigration system and economy.
Thank you again for contacting me.
Sincerely,
Signature
Tim Kaine
It is a boilerplate letter, but I think the offices do keep track of calls, and so hopefully they noted your concern. If others are calling with similar concerns, it will help build momentum for change. And there is more attention coming to the asylum backlog issue – Human Rights First recently issued a report, and it is getting some press coverage. Also, if you let Gary know about your interest, he can contact you if there are other actions to be taken. Take care, Jason
Dear Jason, don’t you know if asylum seekers can buy a firearm? I found on atf.gov that “An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa” but what do they mean by that?
Thank you!
I do not know how that would apply to an asylum seeker, and it might depend on how they entered the US. I would be careful about buying a firearm if you do not yet have a Green Card, as firearms offenses (such as illegal possession) can be deportable offenses. Maybe talk to a lawyer to research the question, just to be safe. Take care, Jason
@Thomas
Out of curiosity, when was the last time you reviewed your priorities, and placed them in order of importance?
If someone is a potential danger to you and/ or your family, report it to the police.
If you do not feel safe where you live, MOVE!!!.
Dear Mr. Thomas,
Your question surprises me. What do you need a firearm for if you’re an asylum seeker?? Others are passing sleepless nights because they do not have asylum, you you’re busy thinking of acquiring firearms to do what?
As there is no scheduling bulletin, I appreciate it alot if anyone could give any information about the year they applied and their interviewing status, Do they interview December 2016 cases.
I am in Houston , waiting for my interview filled on December 2016. Does anyone know about the Houston asylum office ?
Can u tell me something about asylum office in Houston?
Thank you.
I filled in July 2017, still pending for interview!
I have not had a case there in a while, but they are using LIFO, and so new cases have priority over 2016 cases. Usually for older cases, the best bet is to try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hello Jason,
I received my permanent resident card through Asylum on 5/2018 and my wife was included in the application as well and she also received her permanent resident card. Both of our cards have ‘ASY’ category on it. Can my wife travel back to the country from where I have fear of prosecution? She was born in the same country as well.
If she was the dependent, it is probably ok to go back. However, it may depend on the case. If you said that your whole family was under threat, USCIS may view her return trip as an indicator that your asylum case was fake. If the threat was only to you, it should not be a problem. On January 6, 2016, I did a post (for the principal applicant) about returning to the home country – some of that may be helpful for her. Take care, Jason
hi Jason im applying for Advance Parole and i would like to know what to put on the Part 1 section 6 where it says class of admission. what should i put there? thank you
Check the instructions, but I believe it is the status you had when you entered the U.S. (your most recent entry). Take care, Jason
Hi Jason ,
Thank you for sharing and your efforts,
This campaign is specifically focused for cases in backlog at USCIS.
As you know the wait for hearing for cases referred to the Immigration courts (for individuals who entered the United States legally with visas, and who then applied for asylum and their cases referred to Immigration court) also takes years in immigration courts and it is worsened now because of Covid-19.
Did the advocates who organized this campaign thought about the backlog in Immigration courts? any ways we can campaign for improvement ?
thank you again ,
The court backlog is more on the radar, and I believe the Biden Administration is proposing to increase the number of judges and staff. Lobbying on that point is still important, as the proposal needs to pass through Congress – you can certainly call your representatives and express your opinion that more resources are needed for the Immigration Court system. Take care, Jason
Hello Jason
My question is my asylum was approved last month been March, can I file for green card 3 months earlier than the one year mark? Also I have been married to a US citizen for 2 years, can I qualify to naturalize with my US spouse within 3 years than the 5 year mark? Also how does the asylum roll back date works does it mean I a permanent resident from my approval day?
You can apply for the asylum based GC after one year of physical presence in the US, after asylum was granted. If you send the application early, it could be rejected. Once you get the GC, it should be back-dated one year from the date you receive it, which gets you to citizenship a bit faster than most people with a GC. If you get your GC based on marriage to a US citizen and remain married to that person, you can file to naturalize 3 years after you get the marriage-based GC (and you can mail the N-400 up to 90 days early, and assuming you meet all other criteria to naturalize). Take care, Jason
Hi,
Is there any law office in USA to give advice on Canada asylum law and process? I need to consulate an attorney expert on Canada asylum system but the attorney should be based in USA. If you know any law office or attorney to help with Canada asylum, please tell me about there office name and city or state.
Thank you
There are lawyers who know about Canadian asylum, both in Canada and here. I don’t know any, but I think you would just need to look around on the internet and some should turn up. Take care, Jason
Dear Jason, thank you so much for your caring . I check this page every weekend and I sent emails to 2 senators, the congressman Ted Lieu in Los Angeles, and volunteer Gary.I hope the good news will be coming soon .
Hi Jason,
I am waiting for interview since oct 2015 and still no interview for form i589. My wife is asking me to get the advance parole for her and 2 kids. they are with me on the application as dependent but not the main victim. She wants to visit her old heart patient father in back home. Can she get the advance parole? will there be any problem when returns back to USA? How much will be total fees for advance parole for all 3 of them? And if we decide to get your service in order to obtain advance parole then how much will be the total including fees for uscis? and my last question is there any kind of fee waiver from uscis for advance parole?
Thank you.
Hi Ricky,
My wife who was my dependent visited my COP without any problem.
Thanks Seeker, Could you please let me know what is the process to get AP and how many months does it take? what docs you attached with the app and the fees? Did you apply by yourself or by attorney? Thanks dear.
We applied ourselves. It took three months. The fee and everything else is on the form, but you need a reason to get it, such as visiting a sick relative etc.
Dear Jason.
Thank you for your work. God bless you. Take Care.
I wrote about AP on September 11, 2017 – that post may help. If they return to the home country, it could negatively effect your asylum case, but it depends on the case. In general, dependents can return to the home country, but if your asylum case states that your whole family will be harmed, and if they return home, that may negatively impact your case. In terms of the fees, there is no fee waiver and you can see the fees if you check the form instructions for form I-131, available at http://www.uscis.gov. I generally cannot assist with an AP application except for my own clients. Take care, Jason
Jason, if I need to travel to the third country for medical reasons, I understand I need AP, but do I also need a passport from my country?
You do – and this could potentially have a negative affect on the asylum case, so you have to be careful and you have to be prepared to explain why you used your passport, if asked. That said, none of my clients who used AP had a problem, but still, it is a possibility. Take care, Jason
hi Jason i did my part of the job by emailing my senator Chuck Schumer but i think we can draw their attention if all the medias like Cnn, nbc, nypost, nytimes etc, can involve
Good point. What’s the best way to do it? What do you think, Jason?
Thank you.
I never have time to do this, but one effective way is to contact journalists who write stories that are similar/relevant to your situation. Most journalists have their emails listed at the end of the article. If you send them a short note about your situation, they might contact you. Journalists are often looking to talk to people who have life experience for their stories, and if you let them know you exist, maybe they would use you as a resource. I do think it is worth considering whether you want public attention (sometimes, journalists are willing to use a pseudonym instead of your real name, but not always) and whether any media attention might have a negative effect on your case (usually not, but it depends on the case; also, sometimes, media attention might have a positive effect on a case). Take care, Jason
Here is the most recent article on this issue which was just published a couple of days before: https://www.huffpost.com/entry/immigration-crisis-asylum-system_n_606f523ec5b6948212672b8b
Thank you for sharing – it is good that this issue is getting some attention. Hopefully, this will lead to more articles. Take care, Jason
It is not easy to get media attention for the issue of affirmative asylum seekers, as there are so many other issues competing for attention. But I do think it is worth continuing efforts in that direction as well, since such publicity can lead to positive change. Take care, Jason
Hi,
I have an idea. The USCIS should consider the time affirmative asylum seekers spend after applying. I mean if someone get approved for asylum, the approval date should be retroactive to the date of application. For example, I applied 5 years ago and when I am granted asylum my approval date should be the date I applied this is fair and just because it serves as compensation.
It is fair – at least they should consider some of the time. Though I do not think this is a change we are likely to see anytime soon. Take care, Jason
Hi Jason
I think a lot of whether I go forward and take risk or stay finish what I started. So my question was I had my RTD this week but not yet received the green card . And I want visit to 3 rd country which is neighbor but I m afraid what could possibly happen if I lost my RTD and I know this can weird instead I would like to know if that is guaranteed that the embassy will provide me an emergency one or is gone like no come back . Thank
Jason
Hi Jason
I think a lot of whether I go forward and take risk or stay finish what I started. So my question was I had my RTD this week but not yet received the green card . And I want visit to 3 rd country which is neighbor but I m afraid what could possibly happen if I lost my RTD and I know this can weird instead I would like to know if that is guaranteed that the embassy will provide me an emergency one or is gone like no come back . Thanks
You should make a copy of your RTD (and other asylum/immigration documents) and keep them online. I do not know how it works, as I have never dealt with it, but the embassy should be able to help you. Having access to a copy of your documents would be important, though, so keep a copy available online (maybe in your email), so you can access it. Also, don’t lose your RTD! Take care, Jason
Dear sir jason . Can you advocate for us asylees? My experience was painful waiting for interview for almost 6 years . There is section 1206 in the citizenship act 2021 by Biden that allows certain individuals who had work permits for at least three years to naturalize faster . As far as I can remember I have been paying for these work permits for so long and nothing but waste of money and time . I feel this piece of legislation would be major relief for asylees who have been waiting forever to have legal status , as well as easing the backlog . It would be great to see this pass.
If that bill passes, but that is probably not so likely. We are trying to do some advocacy, but my focus is currently on people stuck in the backlog (as discussed above). Take care, Jason
Jason,
Looks like POTUS has a plan to spare some money for DHS, especially to solve the backlog issue.
You can see in the first document on page 15/16
https://www.whitehouse.gov/omb/fy-2022-discretionary-request/
Interesting – Thank you for sharing. We will have to wait to see more specifics, but this looks helpful. Take care, Jason
To congress or senator
I came to US for protection But now i regret coming to US. I wasted my time for 15 years. I am still in pending asylum and waiting for interview. I gave up but don’t know where to go
Mentally exhausted
it will be nice to let us know when we should get interview. Please show some humanity.
it is way better physical torture than psychological torture
I am asking if you can help with the asylum backlog
Thank you for being considerate
This makes the point. Take care, Jason
Hello Jason,
In February, I filed EAD renewal application and did receive a Receipt Notice. The case online status still shows “ My Case Was Received and A Receipt Notice Was Emailed”
Now I received the decision on my asylum case, Granted Asylum, and a notification of that new EAD has been issued based on this case decision.
My question is, can I cancel the application (I-765) that I filled in February and get a refund?
Thank you,
Amigo
If you paid by check, you might try having your bank stop the check. It sounds like it is too late though. I guess you can send USCIS a copy of the approval letter and ask for a refund. I highly doubt that will work, but you can try. Take care, Jason
Jason, unfortunately, they won’t refund the money. This exact same thing happened to me.
Consider it a donation to the gods of inefficiency. Take care, Jason
😊
I asked the same question 🤣🤣
That $495 will be soooooooooo helpful. I applied in September, and got my approval and A5 EAD in March.
Murphy’s law in action…
😊
Seeing you guys getting approved. I can’t help but envy and feel sad for myself. My case is about LGBTQ status. And it seems to me that the USCIS favors religious, and race grounds but not so much for gender-based claims. Conspiracy for me is that…they would like … young…fit, reproductive cisgender people to be asylees ? But not so much for sterile populations and people who need medical treatment here ? Is my suspicion warranted ? Cuz I see TOO many asylum cases get approved for race, religion grounds but not so much for LGBTQ status.
Asylum seeker, I feel you..
I used to feel sad for myself too. Please be hopeful, and continue to make expedite request.
I do think that your assumption is wrong, though.
There are people on this site whose cases were approved based on LGBTQ. You don’t know the basis for other people’s claims, so you can’t really conclude.
I hope your case is resolved in a positive manner soon.
We do a decent number of LGBT cases in my office, and those cases tend to be strong. Also, at least in my experience, such cases are at least as likely to be granted as cases based on other protected grounds, and so I would not give up hope. Take care, Jason
Hi Tina,
Congratulations on your approval. I remember you almost lost hope. If you go back to my comment about your interview experience you may be in a better position to understand it now. Take Care.
😊Thank you, Daniel.
Last time, I was asking you about the lobbing thing and you promised to write about it; Now YOU DID IT!!! Thank you.
My question is :
I already contacted Senator Benjamin L. Cardin’s office (MD). My question:- Is it enough to write once OR do we need to write follow-up emails and call?
I aim to please. Some people call/contact Congress every day to lobby them, so its really up to you. I think following up now and again is a good idea though. Take care, Jason
After 2.5 months i just got letter from uscis. They are asking for court dispossal for my wife case. She got arrested and charged for driving on expired driver license and that was dissmissed by court. This was also brought to officer attention and was submitted with documents on interview. Besides that everything is ok. What are our chanses now to get approval? Her case was dissmised by court.
If the case was dismissed, it would not cause any negative effect on the case, and so if USCIS plans to grant your case, the arrest/dismissed charge should not change that. Take care, Jason
Hi Jason,
I am confused because on your previous blog Feb 24,2021 you wrote “the bill covers everyone who was here prior to January 1, 2021 and who was not in lawful non-immigrant status. This means that if your only status was asylum pending, you are covered by the bill and–if it becomes law–you would likely be eligible to get a Green Card. However, if you have a pending asylum case and were also in lawful status (on an F, J or H1b visa, for example) until January 1, 2021, you would not be eligible for a Green Card under the Act. One exception to this rule is that spouses and children of people eligible to get a Green Card under the bill may also be eligible to get a Green Card themselves, even if they were in lawful non-immigrant status. Another exception applies to certain people in valid non-immigrant status who are involved in the response to the pandemic.”
And on this blog you wrote”But even if the U.S. Citizenship Act becomes law (which seems increasingly unlikely), it does not address the backlog of over 373,000 affirmative asylum cases–these are mostly individuals who entered the United States legally with visas, and who then applied for asylum. ”
I am a pending asylum seeker who is here since 2014 and my case is pending for almost 7 years… am i not covered on the bill?
It’s a fair point – this blog post was largely written by others involved in the effort and that may account for this difference. However, the bill does not directly affect the backlog. If the bill were passed, it would indirectly affect the backlog by legalizing many people who are in the backlog, thus clearing it out (this is my interpretation of the bill; most lawyers I have talked to agree that this is correct, but some observers think the bill would not cover people with pending asylum cases – it all hinges on the definition of “undocumented,” which is not entirely clear). In any event, the bill is very unlikely to go anywhere, and so efforts on behalf of those in the backlog are important. Take care, Jason
Jason,
Thanks for helping the asylum community. I will do my part. I have question, though. I just realized that the uscis has adopted a regulation for the i730 petition principal applicant has to be interviewed regardless of where the beneficiaries are living. Does this regulation really working? Do all asaylee are being interviewed ? Is this due to this regulation that the processing getting very slow? I have been stuck on the backlog for 20 months, separated from kids and wife for about 5 years.
Thanks
I have not seen that – there was a memo that all I-485 applicants should be interviewed, though USCIS does not seem to have implemented that completely. In terms of the I-730 forms, the beneficiaries should all be interviewed (though not you, the principal). These cases are slow, and as far as I understand, some embassies are still not processing cases due to Covid. There is a link under Resources called I-730 Family Reunification Manual. You may want to look at that for any tips about trying to move the case along faster. Take care, Jason
Florida – done!
That’s great – Please do contact Gary, as FL is an important state for lobbying purposes. Take care, Jason
Sent it to my senator and Congressman. and also informed Gary of the text I sent to them. Thanks for this initiative, Jason.
Here is what I sent
“Dear Congress xx,
On behalf of affirmative asylum seekers that are stuck on the asylum backlog, I am humbly reaching out to you.
Some of these people have been on the backlog for over 6 years, and the wait has been further exacerbated by the “Last in First out” scheduling that started in 2018.
Most of the people on this backlog feel they are being re-traumatized, and I can relate.
You work very hard for your constituents, and I am a living testimony to that.
Please assist us so that affirmative asylum interviews will be scheduled from older cases first. People who applied years ago should have their cases heard before new ones by reverting to the old “First in First out” scheduling.
USCIS could also dedicate specific asylum officers to interview these old cases, so these people can begin to find closure and healing, once their cases are resolved
Thank you so much for the work you do.”
Wait, I might have done this wrong.
Were we supposed to just insert our names, and copy and paste the sample letter on the post? I just saw a couple of people posted that.
My bad!
I will do a second one I guess.
What you sent is great – it is better to personalize it. The example I gave was just an example. Take care, Jason
That’s great – Thank you for sending it and sharing it here. Take care, Jason
Thank you for taking action. Take care, Jason
Jason, do you think its realistic to suggest to congress that those people who has been waiting for an interview for 6 years (myself included), when they will finally get one and if approved, to give them citizenship instead of waiting for another 5 years to apply for it?
I don’t think that would work, and it has not been proposed by any group. I do think the GC should automatically issue after one year – I see no reason why asylees should have to apply for that separately or pay for it. These issues are pretty low priorities though, as compared to the backlog itself, so I think it is not very likely we will see such changes. Take care, Jason
Thanks Jason for the initiative.
I sent it to Congressman Rob Wittman. Will send to senators soon.
Thank you for doing that – these efforts can make a difference. Take care, Jason
I’m so mentally paralyzed to start advocating for my case. I’m in deep whole of depression I can’t do anything anymore, 6 years of waiting and nothing happened.
I don’t blame you. You should try to seek out some support – from a church or mosque, a support group (such as tassc.org) or through friends. Sometimes, taking action (like lobbying) might help, but other times, it might hurt. You should do what you think best, but if you have people to talk to and who support you, that is probably a good idea. Take care, Jason
This is a very good initiative and move. I will contact my representatives as per your guidance ASAP. Thank you very much once again for your unreserved help. I wish they would adress the affirmative asylum cases fairly.
Hi Jason,
Thank you another great content. We will email our representative and congress person. Hopefully, that will help to speed up the process, or at least make some officials to look at the issue.
Thank you.
Thank you Jason and Gary,
I really appreciate your effort sharing this great initiative. I just submitted a message to the offices of congressman and senator, in the jurisdiction where I am living, to ask the USCIS consider these changes. I’ll send an email to Gary right now.
Thank you – such messages can help. Take care, Jason
That was my message:
Hello, my name is XXX I am a torture survivor from XXX and I live in Brooklyn, New York. I support the new US Citizenship Act and its humane approach to welcoming non-citizens to the United States. But the bill does not address people like me, affirmative asylum seekers who entered the United States with a visa and sought protection in this country. I have been waiting four years for my asylum interview. I am suffering so much because of this long wait, and I fear I could be killed if I am deported back to my country. Please ask the Secretary of Homeland Security Alejandro Mayorkas to make the changes necessary in USCIS so that asylum seekers who have waited years for their interviews will be interviewed soon to mitigate These changes can be:
1)Assigning a specific number of Asylum Officers to interview exclusively affirmative asylum applicants (currently many Asylum Officers are deployed to the Mexican border, which has thus far received priority over affirmative asylum cases). Hiring more officers would also help reduce the backlog more quickly.
2)Returning to FIFO (First-In, First-Out), so that asylum cases are interviewed in the order received. FIFO is a fairer and more humane system than the current LIFO (Last-In, First-Out) system, where USCIS tries (and usually fails) to interview new cases first, and those in the backlog have no idea about when their applications might be heard.
3)Reinstituting the Affirmative Asylum Scheduling Bulletin, which gives asylum seekers an idea about when they might expect an interview.
Thank you Jason,
For people that need confidentiality, will the names of participants be made public, or kept confidential, by the congress person and/or Gary?
Gary is collecting the info, but he will keep it confidential (he is a lawyer). Depending on your state and district, someone may reach out to you for additional opportunities to lobby your representatives, but otherwise, the info will remain confidential. Also, you do not need to give him your full name or exact address. Probably the zip code is enough. Take care, Jason
Thank you, Jason.
I will reach out when I get off work.
Dear Jason, thank you so much for your caring . I check this page every weekend and I sent emails to 2 senators, the congressman Ted Lieu in Los Angeles, and volunteer Gary.I hope the good news will be coming soon .
Thank you for contacting them and emailing Gary. Hopefully, these efforts will help lead to some improvements. Take care, Jason
Jason and Gary,
Thank you so much for your efforts. Hopefully, together we will be able to get some attention to this matter and get some improvement.
Here are two links for anyone who lives in NY and can contact US senators from NY
https://www.gillibrand.senate.gov/contact/email-me
https://www.schumer.senate.gov/contact/email-chuck
That was easy to use. Thanks for sharing. Below was my message
Hello, my name is XXXX. I am a torture survivor from XXX and I live in Brooklyn, New York. I support the new US Citizenship Act and its humane approach to welcoming non-citizens to the United States. But the bill does not address people like me, affirmative asylum seekers who entered the United States with a visa and sought protection in this country. I have been waiting four years for my asylum interview. I am suffering so much because of this long wait, and I fear I could be killed if I am deported back to my country. Please ask the Secretary of Homeland Security Alejandro Mayorkas to make the changes necessary in USCIS so that asylum seekers who have waited years for their interviews will be interviewed soon to mitigate These changes can be:
1)Assigning a specific number of Asylum Officers to interview exclusively affirmative asylum applicants (currently many Asylum Officers are deployed to the Mexican border, which has thus far received priority over affirmative asylum cases). Hiring more officers would also help reduce the backlog more quickly.
2)Returning to FIFO (First-In, First-Out), so that asylum cases are interviewed in the order received. FIFO is a fairer and more humane system than the current LIFO (Last-In, First-Out) system, where USCIS tries (and usually fails) to interview new cases first, and those in the backlog have no idea about when their applications might be heard.
3)Reinstituting the Affirmative Asylum Scheduling Bulletin, which gives asylum seekers an idea about when they might expect an interview.
Thank you for sharing and doing this. It would be helpful if you can let Gary know that you sent a message to your representatives. If you are interested, he can also let you know about other opportunities to help. Take care, Jason