Photographer Harvey Finkle has documented immigration to the city of Philadelphia since the 1970s. His work has been hailed as “visual anthropology” that records successive waves of settlement, mostly in South Philadelphia, by European Jews, Vietnamese, Cambodians, Burmese, Mexicans, Central Americans, and other immigrants and refugees.
In his new book, Faces of Courage: Ten years of Building Sanctuary, Mr. Finkle chronicles the first ten years of the New Sanctuary Movement of Philadelphia—a coalition of twenty-eight congregations that works to build community across religious, ethnic, and class lines to end injustices against all immigrants, documented or otherwise.
The Asylumist recently caught up with Mr. Finkle, to ask about his career, his book, and the New Sanctuary Movement.
Asylumist: How did you get started in your career? And how did you combine your interest in vulnerable communities with your work as a photographer?
Harvey Finkle: I picked up a camera late in life. I was a social worker and I used to go to galleries and see abstract art. I liked it, but I didn’t understand much. Then I saw an exhibit of Harry Callahan’s photos and I decided that I wanted to do that.
I started by taking pictures of my kids. I walked the streets and took photos. These days, everyone has a camera, but in 1970, that was unique and got me my start.
In the early 70’s, I got involved with a grassroots group in Philadelphia called the People’s Fund (now Bread and Roses). They became a major fundraising organization in the city, and members included Black Panthers and Women United for Abortion Rights. Basically, they funded groups that the United Way would not fund.
I was taking a lot of pictures related to social issues and human rights, and in 1977, I met up with 14 Holocaust survivors in Philly. This was a difficult time in America—Nixon had recently resigned—but these people were very positive, very up. My interest was less in the Holocaust and more about how they put their lives back together. I interviewed and photographed them. They were a diverse group: There was the head of a union, a person who made artificial limbs, an opera singer. They talked to me about resilience and overcoming their past to build positive, successful lives.
After the survivors, I received a grant to take photos of new immigrants to South Philadelphia. They were Hmong, Lao, Cambodian, and ethnic Chinese people from Vietnam. They were being resettled in South Philly, which had long been a place for new immigrants. Before, from Europe. And now, from Indochina.
By exhibiting photos, my idea was for people to see that the immigrants coming to South Philly had the same needs and hopes as the people who came before them. They wanted to be safe, to send their kids to school, and to make a life. They wanted the same things immigrants always want. While I was doing that, I came across the New Sanctuary Movement.
I first learned about the New Sanctuary Movement in the 1980s. I was driving along listening to NPR and I heard a story about a couple on trial in Texas because they helped some immigrants across the border. I grabbed a friend, and we went down to Brownsville where I saw the trial and met up with people from the Movement.
Back in Philly, I started photographing people involved in the New Sanctuary Movement in places like the First United Methodist Church in Germantown. The concept of “sanctuary” is 2000 years old, and the idea of that was fascinating for me.
Besides immigrants, I was also taking photos of disability rights activists, homelessness activists, and members of the Kensington Welfare Rights Union.
Asylumist: Your work seems to focus on marginalized or persecuted communities. Why does that group interest you? And how do you think your work contributes to lifting up those communities?
Harvey Finkle: I have always been more interesting in photographing people who are vulnerable. But they are also active. They know what’s going on. They are smart and talented. The immigrants of the past are now the leaders of our country.
I think seeing their photos helps people feel better about themselves. Whenever I take photos of people, I give them a copy. They love it.
I was taking photos for the Kensington Welfare Rights Union, and through that work, I got to attend forums in different countries: Brazil, Venezuela, India. We did exhibits to show the other participants that there are poor people in the United States. They did not believe that. I think these exhibits helped build camaraderie.
We were also able to travel around the U.S. and network with other, similar organizations. Often times, people in those organizations did not feel connected, and they felt that they were the only ones in their situation. The photos helped build connections. It doesn’t change the world, but it is a little bit of a contribution.
Asylumist: Your book is about the New Sanctuary Movement of Philadelphia. Can you tell us more about that?
Harvey Finkle: The New Sanctuary Movement helps prevent people from being deported. It is a spiritual movement, led by churches, to welcome immigrants. The churches allow immigrants to stay on their property where they are safe from ICE. But living in sanctuary is not easy. It’s not a prison, but it’s enclosed; you don’t leave. People in sanctuary at least feel they have a chance to get an immigration hearing. If they have a good lawyer, they have a shot to stay her legally.
While Trump was President, ICE was always chasing people. Immigrants in Philly were terrified. Since President Biden came in, things have improved. Two families in Philadelphia—one Mexican and one Jamaican—left their sanctuaries. One was in sanctuary for three years and the other for two years.
I have found that the people involved in the New Sanctuary Movement are very dedicated. Some have been active in the cause since the 1980s.
Asylumist: The book is called Faces of Courage. What do you mean by “courage” in this context?
Harvey Finkle: A lot of the people pictured in the book are challenging authority. Some are in very vulnerable situations. In that sense, it is a courageous act to stand up against the government.
The Dreamers are part of this effort as well. I remember one demonstration where Dreamers were protesting in front of an ICE building. I said to myself, What are they doing? Let people with papers sit in front of ICE. But they were putting themselves out there, and they were at risk. Some of the Dreamers are pictured in the book.
And by the way, the book grew out of an exhibit at the University of Pennsylvania. The photo captions were originally written by the people who ran the New Sanctuary Movement (in English and Spanish), and we used those for the book. Michael Matza—a journalist who specializes in immigration—wrote the forward and Adan Mairena—a pastor and activist originally from Central America—wrote the afterward. And then we had a book. I should also mention that all royalties from the book will go to the New Sanctuary Movement.
Asylumist: Tell me about the photo on the book cover.
Harvey Finkle: The photo is of a couple, Gerardo and Teresa. They have been part of the New Sanctuary Movement since the beginning. They are marching through the streets of their neighborhood in Philadelphia. It’s pretty bold because it exposes them to the possibility of being detained by ICE. They were marching to try to build support for the Movement and to steel up people in the neighborhood where many people are undocumented. They are trying to show that there are possibilities to oppose the system.
I like the look on Gerardo’s face. He is present, but distant. He is there, but he is looking out. There is a tranquility about him in a situation where you would expect him to be anxious. I also like that they are there together, as a couple.
Faces of Courage: Ten years of Building Sanctuary is available from Parlor Press. Royalties from the book will go to the New Sanctuary Movement of Philadelphia.
Hello Jason,
Please will pending asylum seekers benifts from the pending immigration reform ? in case it’s passed bu the House, Thanks.
We don’t know yet – if anything passes, we will need to see the language, but the biggest bill (introduced in January 2021) would seemingly benefit asylum seekers. That bill is unlikely to pass, but we shall see. Take care, Jason
Hello All
i just want to express my frustration with job hunting and EAD card
90 percent of job applications rejected because i am not citizen or green card.
Frustrated
what are your experience?
I think you are still only required to tell your employer 1) you are legally able to work 2) you don’t need sponsorship and nothing more.
Did the employer ask anything else ?
Have never had such an issue.
If you’re asked about your documents (and you have an EAD), tell that you have employment documents and aren’t required any sponsorship. That’s enough.
It’s just amazing…I mean help me understand…
It just seems that we live in different worlds: some people don’t seem to have such issue, and I know a lot of people who don’t, and even people who don’t have a pending asylum applications seem to live fine (we have 11-12 million undocumented folks around). On the other hand, several in here get constantly bothered by this: denied job opportunity, disputes with HR personnel, even some could do FOIA without one’s consent…I mean…what’s going on here ? Why such great difference ?
It’s really hard to understand because the regulation is really clear: if you have a pending asylum application and you have a work permit, then you can legally work. Simple as that, it’s just unfathomable there could be many issues…
One positive ask here. Could there be certain regional/industrial differences ? Like is it because asylum seekers are in the wrong area or wrong industry or what ?
Jason had my interview in January, after sending additional documents and responce for RFE, my status changed from pending application to fees are waived? Does anyone know what if thats mean something or no?
You want us to validate what you already know? 🤣🤣
Woot! Woot!
CONGRATS!
Let us know when you get the letter in the mail.
Are you shure that this mean case is approved?
If yes please let me know why. I really dont know.
I am not Jason, but everyone on this forum that received “fees waived” was approved.
May be you should just wait for the letter.
Will let you know once i receive mail and will send timeline.
Thank you Tina so much.
To add, the first A5 EAD is free, and the asylum office orders it on your behalf.
If you do not recall applying for EAD, or requesting a fee waiver for the same, this EAD relates to your asylum claim, and you only get an A5 EAD upon approval.
Again, wait for the letter in the mail.
Fee waived means approval
See, I am too superstitious to say this….
Jason,
We\you keep getting the same questions over and over again, people do not want to check previous entries even it is so easy to find it, even it will not take more than ten minutes even it is what they need.
I do not know how many pages, I have gone through just to learn more about others’ experiences. and there is amazing information here in all these posts in addition to your initial submission.
Yet still, I do not understand why some asylum seekers (I will call them free rider) are so …….. not to follow up and inform us about the result after they got their answer. They are disappearing from the scene and not sharing their experiences even do not showing the minimum courtesy of answering others’ questions just for the sake of kindness….
You are such a great person that you keep typing the same response over and over again.
Here just to decrease the burden on your shoulder; would it be a different storage strategy possible for you to try. You know typical forum websites that has themes and topics with categorization. Do you think you can transform this forum to one of them? or an other solution from the IT, computer folks who knows better than me; Problem here as you understand- grouping the relevant conversation and having a pinned answer from Jason for the future inquiries … you understand what I mean…
I know what you mean, but for me, it is manageable and I think people would rather have a direct answer from a human instead of looking it up on a FAQ page or something similar (as a confirmed member of the Old School, I prefer that myself). Take care, Jason
Ksro, Do you mind sharing with us what asylum office you had your asylum interview at? Thanks.
Some people here say that is good news (that it means fees for the asylum-granted EAD are waiver). I think you have to remain cautious and wait for the letter. Hopefully you will get good news soon. Take care, Jason
I received my EAD extension/receipt number today! Finally, will talk more after work.
Submitted a copy of the EAD receipt to HR. Response was kinda meh, they are studying this and will get back to me soon. Oh well, should have waited a little longer. That’s how the universe works, sure if I didn’t divulge, its like that receipt would never come.
Sometimes I think the only law that applies to the world is Murphy’s Law. Take care, Jason
ENRONN, I am glad you have it resolved. If you don’t mind, would you give a hint that what industry of this company is ? I absolutely have a zero tolerance policy regarding outing of my queer status, which means I have a zero tolerance policy regarding how much I want to give to the HR or such people my documents. I want to make sure to avoid that in the future…
ASYLUM SEEKER, let me preface what I am about to say with this:
?
ASYLUM SEEKER, let me preface what I am about to say with this: I know that some LGBTQ people experienced trauma as a result of persecution/having to live as someone else back home; therefore they have a difficult time living their true selves when they come to the U.S (this makes a lot of sense). I also understand years of being socialized in certain cultures can make you more “reserved”, for want of a better word, with your sexuality. Thus, your wanting to live as someone else may seem quite strange- though not unusual- to us. However, I can see where expending some much effort to keep your sexuality a secret in the U.S. can be just as traumatic and consuming. It’s the equivalent of spending your entire life living a lie or as someone else.
I can’t tell you how to live your life; if you intend to get asylum from the U.S. government, I feel you should be prepared to prove your LGBTQ status. One way you can prove your LGBTQ status is by living your authentic self. To me (emphasis on “to me”), if you are going to continue to live a lie or as someone else, even while in the U.S., then it defeats the purpose of seeking refugee/asylee status. I know that human sexuality is a lot more complex than religion; imagine a person claiming to be persecuted based on his/her religion trying desperately to hide his/her religion in the U.S. ?
Are you part of the LGBTQ community ?
Also thank you for your opinion
Plus, he mentioned that he is transitioning to enable him find someone that falls within his preference(s). How do you transition, and still be concerned about being outed? Transition is a bold step and public declaration of how you want to be seen.
The purpose of asylum is for us to live free, be who we are without fear of persecution, or being judged. The confidentiality part, I believe is to shield us from retaliation, and not for us to continue to live a lie.
“I also really like straight men. But I find it so hard to find them. They usually stay away from me. That’s why I am transitioning.”
Unsolicited advice: Start looking outside of US citizens. You never know where the companionship you seek lies.
“How did you find a U.S.citizen to marry…I couldn’t find anybody…”
And I do wish I could find a U.S. citizen man to marry. Having love and security at the same time. Is it a sin to hope ?
Some people transitioning in stealth, some in between jobs. Not every trans individual is visible.
Outing is a serious matter for queer individual.
And I do like straight men, that’s a fact…I mean…half of the world population like straight men…so why can’t I ?
Nope!
You are within your right to want whatever you want.
I probably did not understand what type of security you were referencing.
I only thought you may be able to find companionship if you do not limit your search to US citizens.
Hello Jason,
My case was referred to immigration court under Trump administration!
During the wait for my first hearing, I got married to a US citizen. My wife filled a I130 form.
Once it’s approved what should be our next step?
Can we contact the court and update them so the judge close the asylum case?
Or we will have to wait until an actual hearing which might takes years?
Or should we file for the I485 right after I130 approval since O don’t have a sooner date for my first hearing?
Please if you can explain to me what is my best option?
Thank you so much for your help
How did you find a U.S.citizen to marry…I couldn’t find anybody…
Pardon me for asking, but are the same Asylum seeker with the FOIA and former employer issue?
TINA, LOL I am over here screaming! This is so funny!
Wink!
This is not laughing matter, considering how urgent I need safety and how difficult it is for me to find a spouse. It’s very sad for me.
I also need some companionship…as an LGBT asylum seeker, this is one additional layer of difficulty. I mean…I couldn’t find anybody…and when I see other asylum seekers constantly getting married to U.S. citizens I am like what ??? Getting married is that easy nowadays ? I mean it doesn’t feel easy at all from my personal experience. I have to go through painful medical procedure to be not treated as a freak…so I could help but envy others who could find love and security through marriage.
I was going to initially say that your stories/ and issues are becoming enigmatic, but now, I am beginning to wonder if you inadvertently provided your former employer self incriminating information (aka voluntary first person and verbal FOIA) that has resulted in their recent action, if true.
Being LGBT should not damage your reputation as you fear, if you know what I mean.
Your last question is a type of FOIA or may be misconstrued, regardless of your intentions.
When I entered my job, they asked for my EAD, which is how they got my A number. And I never consented their FOIA.
Your A-number is not incriminating information!
Being LBTQ will not destroy your reputation.
Read my last post again.
LGBTQ *
And to clarify, I used FOIA figuratively.
The employer is worried that I brought suit against them. So first they did an FOIA, wishing that I could just be undocumented so they can contact ICE and arrange my arrest. Now that they know I am seeking asylum, they are trying to derail my asylum application by writing to the immigration that I am committing fraud just to get permanent residence…
I also really like straight men. But I find it so hard to find them. They usually stay away from me. That’s why I am transitioning.
ASYLUM SEEKER, honestly, I agree with TINA that your story comes off as a little puzzling. I also get the impression- I could definitely be wrong- that you are not telling the whole story. Something is simply not adding up- or just not making sense.
If your employer requested your information, they would have had to pose as you, or lied, which would be perjury, that you gave them the permission to get your information via the FOIA.
What is more puzzling is the fact that asylum seeker has since resigned from this company,but he seems to know everything going on there. They are not going to tell you they are reporting you to ICE!
Do you have an informant there?
How did you find out they did FOIA on you?
Did someone tell you, or you suspect(ed).
Now, you have discovered they are writing immigration to derail your asylum claim in your own words.
Did immigration write you to tell you this, or how did you find out? Did ICE knock at your door?
This is why I said you might have inadvertently given your employer a reason for the actions they are taking, if true,, because truly, these stories are beginning to not check out here.
You keep saying that checked ICE to see if you were undocumented. So this big tech company hired you without checking if you were authorized to work?
They did an FOIA on me just to see if I am undocumented. Because sometimes undocumented workers use fraudulent documents as proof of EAD. And employers generally…don’t really care ? I mean as long as somebody is functional and can be productive…why care…these big tech companies like cheap labor. And if they are caught hiring an undocumented worker. They could just say they don’t know, it’s all the employee’s fault for presenting a too real EAD. If I am undocumented and using a fake work authorization document to get employment, then my employer would be too happy. Because then they could have a legitimate reason to terminate me and not worrying about future litigations.
I do not know that an employer would use FOIA to check whether an employee is legal. They normally use e-Verify, which is much faster and also legal. I wonder if they have simply given you information about their actions that is not accurate or that you misunderstood. But if they did do a FOIA without your consent or they are trying to undermine your asylum case, you should take legal action against them. Take care, Jason
Thanks Jason for weighing. The former employer didn’t do a FOIA for employment verification. They did an E-verify. Only after me and my former employer had disputes. The former employer did a FOIA. Employers nowadays are becoming more and more brazen these days…and no, there is no incriminating information contained. Just a normal technique how employers manipulate employees…Out of the many…
The last part I added because it seems a lot of people severely underestimate how low corporate America could go. There isn’t a democratic entrepreneurship I am afraid, at will employment gives employer a lot of power. Employers manipulating undocumented workers or asylum seekers are happening everywhere everyday, the media doesn’t report that, so a lot of us will be surprised and in disbelief when we first hear about that. But it’s real and it’s getting worse. I am just hoping all of our asylum seekers can live a safe and private life, without noisy employers doing FOIA behind their back…
Been here nearly three years now and its pretty much a dead for me. But I started on Facebook dating again and there are few potential guys. I noticed a lot of guys in Canada like me a lot and there is one near borderi in particular I’m smitten with.
Have you been able to meet them ?
No, we just started talking, but I like him. Not gonna give him my number, because that will come across as desperate. Taking it slow and slowly develop something. Gonna start working out a little bit too since he looks fit and probably wants the same. But I will keep engaging until we are both comfortable meeting each other. I have some time off for summer, so, might interest him in meeting then.
Congrats Enronn. happy for you.
I did a post that should help – on August 6, 2018. The rules about termination of the case are changing and hopefully we will have a new (and better) policy in the next few weeks. Anyway, hopefully that post will answer your questions. Take care, Jason
Hi Jason, thank you for everything that you do for our community and our families.
My friend has a pending affirmative case. In case of asylum office denial, will he be referred to a judge or denied (I mean a final denial for people in status) at the asylum office in the following scenario?
1. Enter on visa and overstay in 2011
2. Apply affirmatively for asylum in 2016 (no interview yet)
3. Apply for U Visa in 2019
4. Given Deferred Action based on the U Visa in 2019 (there is a 13 years wait time to the visa, 130,000 backlogged cases). She needs to stay quazy legally in the states for two more decades to get a U Visa and a residency from the U Visa. So the DA is not an actual status, this is what makes this complicated. I understand if it’s currently in status for example someone comes on F1 and files while in status and he gets a final denial at asylum office if he is still in status at the time of the decision, but this is different.
Let’s now say she gets to go to an asylum interview and they refuse. Is that refusal a denial or deferral?
I am not sure about that – in other words, I do not know whether an interim U status would count as “in status” for purposes of a referral or denial. You might want to look at the Affirmative Asylum Procedures Manual under Resources – that may indicate when a case is referred or denied, though I doubt this scenario is covered. If I had to guess, I think they would refer the case to court, but I am really not sure. If this is an important consideration and you cannot find it in the manual, you might want to hire a lawyer to research the question. Take care, Jason
Thank you Jason, what is the rule for DACA and TPS in that case since it’s similar?
I am not sure – I have not done an asylum case for a DACA person, and I have seen TPS in court that were referred there by the Asylum Office. It seems to me that both DACA and TPS are statuses, just like H1b or F or B. If you are in status, the case should not be referred to court. But I am not sure that this rule is applied consistently for all the different statuses. Take care, Jason
I have issue with my employer again. They are writing to the immigration claiming that my asylum application is fraudulent and I only do this because I want permanent residence. Will this negatively affect my case ? And what should I do about this…
I would immediately get a lawyer and consider submitting your resignation. That’s a toxic environment.
I already resigned. The former employer wants to derail my asylum application so that I can’t bring suit to them…
Without hard evidence and convincing argument, they have nothing to do with your case. Employers have no right to talk regarding your case.
Officer will check your statements and supporting evidence to decide your request. Have you had your interview already? If not you should prepare your file well. It is not because of your employer’s involvement, it is because of the nature of your application. You should present a strong claim and prove your past persecution or possible future persecution if you return back your home country.
The former employer did a FOIA on me and now have unauthorized access to my immigration file.
It could affect your case and I think you need to take action. You should talk to a lawyer about filing a lawsuit against them. Also, you should contact the Department of Justice about a discrimination case (https://www.justice.gov/crt/office-special-counsel-immigration-related-unfair-employment-practices-3) – maybe they can help. That sounds pretty bad, and I think you should also keep a record of all communication with them (if they tell you something orally, you can write it down and email it to them, and state that you are sending a summary of the conversation you had on a particular date). Take care, Jason
Thanks Jason. They seem to be pretty dead set on this. Even if they didn’t derail my asylum case, they could significantly delay my process because USCIS will do more REF…Also, I worry that they might out my queer status. I don’t want anybody to know my queer status. Even if I have a retaliation claim later the damage has already been done, which is what they seem to care about…They have good lawyers so that even if they take some monetary damage, it’s nothing to them.
It sounds like you need to fight back. Maybe it is worth contacting DOJ to see what they say. Also, if the employer got your file fraudulently (by pretending to be you), that might be a criminal matter and you can talk to DOJ about that as well. Good luck, Jason
Thanks Jason, I will try…Are you surprised to hear all these things happening around ? I feel LGBT asylum seekers are particularly at risk…the fear of outing and such. Many here probably could relate to that…
I am surprised – why an employer would go to all this trouble, risk a lawsuit, and even risk criminal sanction, I do not know. Take care, Jason
I just now saw this message…my previous msg in an upper thread was targeting non-lawyers regarding employers goes at length to verify employment eligibility…please don’t take it personal. because I feel a lot of asylum seekers have a wild or crazy illusion about corporate America…So when somebody asks didn’t this didn’t that ?…I mean…maybe I should explain ABC to them…like Enronn is experience a lot of problem with his HR person, I just couldn’t understand why people say things like “I never encountered this” “my employer is super good, etc”. I mean…you are lucky…but…
But, now to the real deal, yes, thanks for the opinions. seeking others’ information without that individual’s consent is, sounds like, and in my opinion, criminal. I think I can shed some light on why employer did that…they made a bet…they bet that I am undocumented. that’s why I say they did FOIA to try to see if I am undocumented. (I think this phrase created some confusion earlier for some members, hopefully this clarified it…) so they made a bet. They bet that I am undocumented and they bet that I used fraudulent work authorizations to obtain employment…They wanted to give me a knockout punch, that’s why they are so desperate, like you said, go to all this trouble, risk a lawsuit, and even risk criminal sanction…I am just so sad…like…okay…never mind, but fellow asylum seekers please bear this in mind when you deal with an employer next time…
Hello Jason,
Thank you for always help and support.
Is there any new information or news that USCIS will withdraw from LIFO policy and revert to FIFO policy?
Looks like they don’t even think about that unfair policy.
My timeline
Applied 01/09/2016
LA office
Nothing yet
Thank You,
Hello Jason,
I have a pending asylum interview status and realize that it may be years prior my case is heard and decided. My country passport has also expired. My question is, may I apply for a travel document further to go to school to Canada if I enroll, assuming the risks of not being able to return to the US? I understand that the Canadian government may or may not give me a visa. I am only interested about the legal aspects of the US side.
I have also heard about a travel parole. Is it the same thing? Canada and the US share a border and I would like to try my luck. If you did a post about this topic, please share. Thank you.
If you want to go to Canada to seek asylum, talk to a lawyer there (in Canada) first, as it may or may not be possible, and there are examples of people who tried to go to Canada, only to be returned to the US and detained. In terms of study, if you have a court case, there is no way to go to Canada and then legally return to the US. If your case is at the Asylum Office, you would need Advance Parole, which would be hard to get for the correct amount of time, but maybe it would be possible – I wrote about AP on September 11, 2017. Take care, Jason
So is the LIFO considered working ? as in, they believe that they reduced the backlog increasing rate by 30% than should FIFO be in place ? That’s the justification for keep in place LIFO ? I mean I understand but…
The last I heard from anyone in the government, they believed (or at least stated) that LIFO was helping to reduce the number of asylum cases being filed. The point of LIFO is that they want to detect and deny meritless cases quickly, so people do not get an EAD. The theory being that this will dissuade people from filing meritless cases and help reduce the backlog. It seems pretty clear to me that this is wrong, and that no one is being dissuaded. There was a reduction in asylum filings at one point, but that was likely the result of the Trump Administration denying visas to people. As far as I can tell, LIFO has done nothing to reduce the backlog or prevent fraud, but it has caused terrible hardship to hundreds of thousands of people who are waiting for their interviews. Take care, Jason
Thanks for the update. I asked this only because the ttheory of 30% “would’ve reduction” theory is still going strong…guess it’s indeed not working…not that it’s surprising tho…
I have not heard anything. I will say that LIFO cases, at least in Virginia, are being interviewed in many cases. So maybe that is a sign that things are improving. We shall see. At this point, though, for a 2016 case, the only option is to try to expedite – I wrote about that on March 30, 2017 – or to file a mandamus lawsuit. Take care, Jason
Hi Jason,
Do you or anyone here know the timeline for greencard applications filed last year and this year. I called the USCIS a month ago and they said its taking 6months unless your greencard application is stuck in the backlog and they gave me a website where i can check the timeline but i forgot what the website is.
I need to get into a training program as part of my job that requires me to be either a permanent resident or a citizen can that be grounds for expediting my case.
Thank you for keeping us informed on this platform!
A job issue could be a basis to expedite – I wrote about expediting with USCIS on January 29, 2020. Also, you can check the processing times at http://www.uscis.gov – there is a link for processing times. We see most GC applications take 1.5 to 2 years, but that is at TSC (where processing times say 1 to 3 years, I think). Other offices are different. Take care, Jason
Life is stuck here, asylums itself is a kind of torture here. I had court date in first week of April, which was canceled and it’s been more than 3 weeks court haven’t issued a new date. I am a physician and have to inform hospital at least 6 months in advance for vacation. I’m even not able to schedule my vacations for court hearing. Some time I feel death was better in my country than this wait.
Which country are you from ?
You might file a motion to request a new hearing date and provide this information to the judge (and maybe a letter from your employer). I wrote about this (advancing a court date) on April 20, 2017. Take care, Jason
Hello folks,
I got this in the mail today from USCIS:
“Recently, you submitted an application for immigration benefits. That form was submitted with an extra remittance that is not required to process your application. Your payment is being returned to you with this notice. No additional action by you is required at this time.
If you submitted a G-1450 Authorization for Credit Card Transaction, your submitted G-1450 has been destroyed.”
What does this mean? Does it mean they are not gonna charge me for the 495 for my EAD renewal?
It sounds like you applied and paid a fee for a benefit where a fee was not needed. If so, it sounds like they are not charging you the fee and will process the case. Take care, Jason
Hi
My spouse’s mom passed away two months ago in our home country (Syria). My spouse is planning to make a power of attorney to a lawyer inside Syria so he/she can take care of the deed document of succession. With the absence of a Syrian embassy in the US, the power of attorney should be notarised in a US embassy in a third country followed by a notarisation from the Syrian embassy in that third country before it is sent to Syria.
My question: I am approved for asylum and waiting for my GC. Does doing the power of attorney negatively impact my asylum process inside the US?
I do not see how the power of attorney would have any effect on the asylum case or the GC, unless maybe the asylum case somehow indicated that the Syrian government would block you from doing powers of attorney or other legal actions. Anyway, I really do not see how that could impact the case, but if you are worried, talk to a lawyer to review the specifics. Take care, Jason
Hello,
Jason , thank you always for valuable help you are providing for us.
with the help of God the judge granted my case. I waited 7 solid yrs for this decision. I wish you all best of success on your case.
what is the next step to change my status?
Thank you
That’s great – Congratulations! You should Google “post order instructions in immigration court” and that will show you what to do. Basically, you need to make an appointment to get your I-94 (a document showing your asylum status in the US) and your new work permit (based on asylum granted – the first such work permit is free). I did a post that might help on May 16, 2018. Take care, Jason
Jason,
I have got my asylum granted back in June 2019, but I couldn’t make a schedule and don’t have the i94. I have only the letter from the judge. Should I try making an appointment to get it now or it doesn’t matter?
Thanks
Well, you could probably apply for a GC with just the judge’s order, but you might want to get the I-94 at least. Google “post order instructions in immigration court” and it will tell you what to do. Take care, Jason
Abe saale kaisa hai ?
CONGRATS, me.
Are you a muslim man ? Because 7 years is a bit too long…
Hi Jason
Hope you’re doing great. I have a question about court decision for asylum case. Does judge gives the decision on the same day of individual hearing or it takes 2 weeks like in asylum office after interview?
My lawyer said it’s easy to win in court then asylum office and you kind of given a chance to present fresh case in court. Is it true in your experience??
In general, I think it is easier to win in court, but it depends on the judge – some judges have very lower approval rates. Also, in most cases, the judge gives a decision on the same day as the Individual Hearing, but not always. Sometimes they send it by mail or make you come back, and that can take weeks or months. Take care, Jason
Hi Jason,
Have two quick questions, maybe you’ll want to comment:
1) How can you comment on yesterday’s Biden speech? Do you see any possibility for the reform?
2) There are rumors that USCIS started calling for interview both new and old applicants. Do you have any info supporting these rumors?
Thank you!
1 – I have reached the point where I think immigration reform will only be possible if the Democrats agree to significantly tighten up the border. Otherwise, I do not think they have the votes, and there is not enough political momentum to get reform done. I am often wrong on these things, and so we will see, but I just don’t see how reform happens without more control over the border. It does sound like there are discussions about some type of compromise in this direction. We shall see. 2 – I have not had any old cases scheduled recently (except expedites), but we are seeing more LIFO cases being interviewed in Virginia. Not all, but probably more than 50%. Other offices might be doing even more, but I have not heard anything. We should get some data in the next few months, and so then we will start to get an idea of what is happening. Take care, Jason
If LIFO persists. Can old applicants stay forever in the U.S. ? I mean it’s not that bad…
An asylum applicant can remain in the US as long as the application is pending. It could be worse, but it’s not great, and it is very difficult for those waiting to reunite with their family members. Take care, Jason
Dear Asylum community,
My asylum status is pending in the immigration office. I have work authorization (EAD). My passport is expired, I am not a USA citizen or a green card holder (for sure).
To make it short, I applied for a job and received an email from an employer with the following question.
Can anyone help with how to respond to such questions?
My country was listed under a UN arms embargo but not now.
“Are you a foreign national whose permanent abode is in the United States, and are you also NOT a national (including dual nationality) of any of the following countries, each of which is subject to a US arms embargo: Afghanistan, Belarus, Burma, Central African Republic, China (PRC), Democratic Republic of Congo, Cuba, Cyprus, Eritrea, Haiti, Iran, Iraq, North Korea, Lebanon, Libya, Somalia, Republic of South Sudan, Sudan, Syria, Venezuela, or Zimbabwe. Are you a foreign national whose permanent abode is in the United States, and are you also NOT a national (including dual nationality) of any of the following countries, each of which is subject to a US arms embargo: Afghanistan, Belarus, Burma, Central African Republic, China (PRC), Democratic Republic of Congo, Cuba, Cyprus, Eritrea, Haiti, Iran, Iraq, North Korea, Lebanon, Libya, Somalia, Republic of South Sudan, Sudan, Syria, Venezuela, or Zimbabwe.”
Thanks
It sounds like you are a foreign national who resides in the US. So it sounds like you would answer “yes” as long as you are not from one of those countries. It is a pretty confusing questions, though, and so maybe you want to ask the employer to clarify. Take care, Jason
The employer should not ask your national origin.
Well, gonna speak with HR this morning and disclose my asylum status just to keep my job. On top of that, got an email from management the contract will be winding down this summer, so, need to start looking for a new job anyway. But, the reason why I want to keep the position is to get that severance, which will help out a great deal while I look for another job in the fall.
Will let you all know how it goes later today.
Hello everyone,
So, here is the update. I am feeling cautiously optimistic about things. I went to a park, sat on a bench, called my HR manager, explained to them the reality that the EAD receipt is probably not gonna be coming anytime soon. I then went on to explain that my immigration status in the US does allow me to continue working even though the EAD has expired and I could provide proof of that. HR tried to interject with an apology and said I am a good person and they really want me to stay because I am a good fit. I then told HR that I can provide a copy of my i94, along with a link to that i9 page Jason linked in a previous comment. After the call, I took a deep breath, opened the draft email I composed with the attachments then tapped sent.
About 20 minutes later, I got a call back from HR asking if I could remove “that thing” (i94 card) that’s blocking the paragraph on my Asylum approval letter. I said should sure, while at the grocery store, got another call requesting a copy of my passport page. Back home I scanned and submitted all the pages of my Asylum approval and a copy of my passport info page. Got one more call again, asking if I could provide a copy of my state ID and unrestricted social, which I did.
So, I am hoping these documents are sufficient enough to move pass this. With each follow-up call, I was dreading the big ‘A’ question. Because the Asylum Granted is really big and apparent on the i94 card. But, there was no questions asked about that, which I am thankful.
What seems to be a big issue here is, there is not much knowledge among employers about the different types of EADs and how they might apply. I hope everything works out and I can stay on and not have to go through any disruption. As for the pending EAD, I still want it, but for a future employer, I personally plan on being upfront about it. Also, apply for renewal within the 90 day window, because its obvious USCIS is gonna take their own sweet time.
I don’t believe the HR is right…
Hopefully, this works out. Do remember that you can apply to renew the EAD up to 180 days before the old card expires (and hopefully, you will have the GC soon and you can forget about this nonsense). Take care, Jason
Hi dear Jason,
I received my I-485 receipt number through mail less than one month since I mailed it. Can I send my medical exam now or should I wait until they ask me to?
If you already did the exam, I guess you should send it, since it will expire if you don’t submit it. However, it would be better to wait and do the exam when USCIS requests it, and then send it. Take care, Jason
Hi,
I have a friend who was a victim of a crime in Feb. 2020. He was beat on by 3 persons, 1 female n 2 males. He was set up by the female. 2 had knives n 1 had his hand in his cloth according to my friend. If it was a gun or not, we don’t know. He reported to the police. The case was investigated n the county said its stay investigating the case. He went through 6-7months of mental counseling. The 3 doers were arrested n sent to court. They were sentenced. Now my friend called n said that the situation just came to him as though it was just happening. And he is very said right now. He don’t know what to do about this.
Is there anything he can do like submitting his case to USCIS? What benefit he can get by doing this. Besides he was referred to court for his asylum case last yr.
I am just wondering if he can apply for some visa. Is there anyway u can advice of him him on what he can to or represent him in submitting some doc to USCIS for a relieve or some kind of visa as a victim of crime.
What is ur advice on this? Or how can he process though its more then 1yr after the incident?
Thanks and hope to hear from you sir, the county is had beer reaching out to him to pay for the health service and other things.
What can he do? Take the money? Or what is it that h
He may be eligible for a U visa – he should probably talk to a lawyer about that to see if he qualifies. I did a post on August 28, 2018 with some links that might help. In terms of money for health services, if he takes that money, it should have effect on an asylum case or a U visa case. Take care, Jason
Dear Jason
I will apply for the green card (i485) very soon and I want to apply for its expediting based on severe financial loss. My question is should I send my expediting request with my i485 package (at the same time) OR I should wait to receive the receipt letter after sending my i485 package and then send my expediting request?
If both options are okay, which option do you prefer?
Thank you as always.
Good luck with the application.
You should be able to get EAD for your Asylee status that will help you to work in the USA. How green card will secure your financial loss different from EAD?
I would send everything together when you file the I-485. You can also follow up later by phone and/or in writing. I wrote about expediting with USCIS on January 29, 2020 – maybe that would help. Take care, Jason
Hi!
Thank you for sharing the good information. I have a pending asylum case in USA and in the meantime I want to apply for EB-2 green card based on my job and professional qualifications. If I go ahead and apply for EB-2, will it hurt my current pending asylum case, if I not approved for EB-2? Or EB-2 application doesn’t hurt my asylum case at all?
Thank you,
I do not think the EB-2 application will affect your asylum application. But the question you should answer is whether you have a legal status you can adjust if you get EB-2 approval or not?
An EB-2 application should have no negative effect on your asylum case, even if it is denied (unless you lie about something in the application or it is inconsistent with what you said in the asylum case). Most asylum seekers need to leave the US to get an EB-2 GC, and that is not always possible, so make sure to map out a plan from where you are now to the GC before you start paying for the EB-2 process. I wrote about this on August 28, 2018 and September 6, 2018 – maybe those posts would give you some ideas. Take care, Jason