When I started The Asylumist over 11 years ago, I hoped to create a forum for discussing the U.S. asylum system. I didn’t know whether anyone would actually read the blog or whether I had the time and energy to maintain it (and truth be told, when I started, I really wasn’t even sure what a blog was). But here we are more than a decade later, still going.
During those years, much has changed with the asylum system: The Immigration Court backlog has increased from 243,000 to over 1.3 million; the Asylum Office backlog has grown from less than 32,000 to more than 386,000; we’ve seen the border “surge” (a couple times). the hostility of the Trump Administration, and the pandemic. The population of asylum seekers has changed as well. The Syrian civil war, the Arab Spring, increased instability in Venezuela, and a further breakdown of law and order in Central America all contributed to new waves of applicants seeking protection in the United States.
As I was observing and writing about asylum during these turbulent years, I was also thinking about turning some of my blog posts into a book. And for maybe the last two years, I’ve been actively working to get that done. Given my other obligations–family, job, blogging–I was not sure I would ever complete the work. But somehow, with the help and support of many people, the book is now done and available for sale. You can check it out here: The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity.
I plan to write more about the book in future posts. But for now, I simply want to let people know that the book is available, and to explain why I wrote it, and how I hope it will help asylum seekers, advocates, and others interested in the U.S. asylum system.
After more than ten years writing this blog, I felt I had a lot of useful material, but it wasn’t organized or easily accessible. In the book, I’ve selected the most helpful and popular blog posts, updated them, and sorted them by topic. The book is divided by chapter to help asylum seekers and advocates find the information that they need, and to answer questions about the various parts of the process. Hopefully, this arrangement will be useful for asylum seekers and for others interested in the asylum system.
Of course, the book is not a substitute for obtaining advice from an attorney or an accredited representative. The rules related to asylum are in constant flux. What is true today may not be true tomorrow, and what worked for your friend may not work for you. There are many subtleties and pitfalls in the asylum process, and no book (or blog) can substitute for having an expert review the specifics of your case.
Also, this is not a traditional “how to” book, in the sense that it does not offer step-by-step instructions about how to seek asylum in the United States. Such a book would be difficult to write for an audience of non-lawyers (or even for an audience of lawyers), since there are so many variables. Each case has its own peculiarities and the law changes frequently.
Instead, the book is meant to serve as a companion for asylum seekers and their advocates. It is designed to support you as you navigate the asylum bureaucracy. It answers a number of common questions and aspires to help asylum seekers better understand the process. Further, and not least of all, the book aims to provide some comfort to those working their way through a difficult, confusing, demoralizing, and often unjust system. Perhaps by learning more about the process, asylum seekers will feel more empowered and more hopeful.
You can learn more, or purchase a copy of the book, here: The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity.
Profits from this book will be donated to various asylum-related charities, and over the coming months, I hope to schedule some events in partnership with charitable organizations. I will post details here once I have more information.
Finally, to my family and friends, my clients and colleagues, and to the entire Asylumist community, I thank you for your support and friendship over these last many years, and I look forward to continuing our journey together.
Hello. I have a work permit. Why can’t I get a sba loan. where can i get help.
I do not know about that – it might be worth talking to different banks, as some may be better about this than others. Take care, Jason
Following up on this. Encountered similar issues…No other IDs but EAD…
I guess it’s not ideal to renew my country of origin’s passport right ?
It is not ideal, but many people do it because they have no choice. Just be prepared to explain why you did that, and why – if your government wants to persecute you – they were willing to issue you a passport. Take care, Jason
Thanks 🙂
You can get a SBA loan on a work permit if you qualify for that
Hi,
I have applied for asylum in May 2015 and still waiting for an interview. Could you please tell me if there is any place I can go and ask for the case status and if I can speed up the process? It has been 6 years without an interview.
Thanks.
Unfortunately, this is a common story. You can try to expedite – I wrote about that on March 30, 2017 or try a mandamus lawsuit (talk to a lawyer about that). Otherwise, there is not much to do. You can email the Asylum Office, but they normally do not tell you anything useful. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Which Asylum office has your case?
Hi Jason,
We just got the denial letter for our i485 through our I140 approval (EB2 case). Does it mean we have to leave the country within 30 days even do we have the asylum pending case? Or the denial letter doesn’t have anything to do with our asylum case.
These are two different cases – if you have a pending asylum case, you are allowed to remain here until that case is resolved. It would be good to understand why your I-485 was denied and hopefully you have a lawyer to explain that. It is unlikely to have any impact on the asylum case, but again, this is something to discuss with the lawyer to be sure. Take care, Jason
Thank you Jason. We do have a lawyer. We still haven’t received the denial letter so we don’t know the reason. But most probably it is because of not maintaing continuous lawful status in US.
I have seen a number of cases where lawyers started the EB process (the PERM and I-140) even though they knew or should have known that the person was not eligible to get a GC in the US, and they did not explain all this to the client. In those cases, they lawyers failed in their duty to explain the whole process before the clients started (and paid for) services that would ultimately not allow them to get green cards. Hopefully, that is not what happened to you and the lawyer explained the entire process before you began. If it is what happened, you might ask your lawyer for an explanation (and maybe for a refund). Take care, Jason
Hi EB2/Asylum,
Have a couple of questions. Which office to did you submit you I-485 application? Did you have an interview for Adjustment of status or got denial without one? I am in the similar position and have submitted my I-485 based on I-140 and PERM application. My lawyer explained to me that it is possible to adjust the status within the US as long as you applied before the Asylum interview, if after then it’s not possible. It called technical mistake by USCIS where they failed to perform an Asylum interview and as long as you’ve applied for Asylum while in the legal status then technically you are still maintaining your status. Not sure about your situation, but your lawyer should’ve explained all of the details of the process.
Hello EB2/asylum
Sorry to hear that. I personally not sure if it is possible to adjust status via EB2 without leaving US while you have pending asylum?
My conclusion : It isn’t possible. I can be wrong.
Can you share why they denied your I485 ?
Your case can help many EB2/ pending asylum cases?
Regards
I am sorry to hear that. Actually, I am also applying for that via EB2/NIW, I would appreciate if you can guide me for that, my asylum case is also pending since 2015, and life is stuck here. Thanks.
You need to talk to a lawyer about whether you are eligible to get a GC, and how you should do that, including whether you need to leave the US to get the GC. I wrote about this issue on August 28, 2018 and September 6, 2018, but each case is different and you need to speak with a lawyer about the specifics of your situation. Take care, Jason
U got denied, coz u applied for asylum! How come an alien have EB2 , and then he apply for asylum, am sure u have a bad lawyer that let u to do that,
Hi EB2/ASYLUM,
I am in a similar situation to you, I applied for Asylum in 2015, started the EB2 process in 2018, and filed I-485 in 2019, no decision yet for any of the applications. Could you help people like me and others in similar situations answering these questions?
1. When you filed your asylum case, were you in a legal status?
2. Is your asylum case in court or pending for an affirmative interview?
Thank you,
Hi EB2 SEEKER,
Which office you’ve applied to? And what is your current stage? Did you have fingerprint or interview for I-485 application? If you had interview, was it challenging and what they ask?
Thanks
I think all the Employment-based AOS applications are sent to the Texas Service Center. My I-140 is approved and they reused my fingerprints. Nothing else has happened.
Thanks EB2 SEEKER.
I think they send it to the office where you intend to take interview. They’ve reused my fingerprint as well. Waiting for either request of evidence request or invite for the interview.
Hello everyone,
I applied asylum before my B2 visa got expired. Office is California, Los Angeles. Regarding i485, we sent the package after i14o approval on Oct 2020 to NBC. Our asylum finger print has been usef for i485 as well. We also received a letter for Medical Exam on January 2021 and sent our medical. We haven’t received combo card nor interview letter before receiving our denials. Hope I answered all the questions.
Hi,
I answered the questions few comments below. Regarding your second question, my asylum case is still pending since 2017, no interview yet.
You can contact me at eb2.asylum@gmx.com
I created the email to be able to be in touch with the people dealing with this issue. I keep checking the email every week or other week. So don’t be disappointed, I will check eventually and answer it if you have any questions. Please let me know if you guys also had any progresses or news. Thank you.
Hi Jason,
I need your expert opinion please. Me and my brother applied for asylum and we are waiting for their interviews. My parents applied for b1/b2 visa renewal and they copied the old form and they forgot to mention us in the form. When they went for the interview, the interviewer asked them about his children and he said they are with him (eventually one of my brother is living with my parents in back home.) so he thought they were asking for him.
Now, they gave him a white color paper 221(g) asking for his travel history and siblings and children information.
Can he respond to that paper with our information and write a note explaining that he misunderstood the questions and now he is mentioning all his children?
Please guide. Anyone else has gone through the same situation please share their experiance.
Thank you so much!
Adam.
They may want to talk to a lawyer for guidance, as this type of issue could easily block them from getting a visa. In general, it is best to give them the info they need and explain what happened. That may work, but it may not, and for that reason, they might want to consult with a lawyer who does non-immigrant visa cases and/or cases at the US embassies. Take care, Jason
Adam,
No offense but after reading your question, the first image I get in my mind is that all this “forgetfulness” seems like an intentional work. Asylum seekers’ relatives may be rejected upon their visa request considering the possibility of new applications. USA embassy may take a serious step I guess.
My thoughts exactly@ first Responder.
When you applied for your US VISA, I am sure you mentioned your parents’ names, and then, they’ forgot’ that 2 of the 3 kids live in the United States, even though in a previous visa application, they disclosed the location of 3 kids.
To be honest, when an official asks a question, in most cases, they already know the answer.
Hopefully, they will buy the ‘forgot story’.
And don’t take this as judging you or your parents, please.
We understand that it may be difficult to obtain visas when a family member is here seeking asylum,but when we applied for asylum, we handed the US government everything about us, so if they are asking any of our family members or us any family related question(s), in my opinion,it is more a a test of our credibility, than wanting to know, because they already know.
My mom applied for renewal of visa B1/B2 in US embassy and got 221 while i was here on asylum application. We write the truth to all the answers including my address in USA and she got approved after one week.
Congrats Shamsa !
May I ask did the US embassy indicates the reason for 221 is because of your asylum application and did the US embassy informs them the existence of such an application ?
Because I remember Jason once did an article regarding several breaches of confidentiality by us government officials. I am somewhat concerned about this…Like us government officials slip the fact that a relative applied for asylum…
Thanks !
Those breaches were a concern. Fortunately, that is rare, and I have not heard about this problem in several years, so hopefully things have improved in that regard. Take care, Jason
Thanks and good to know. I am sorry for my extreme obsession with privacy and confidentiality. But given my situation, I hope where I came from could be understood.
@Shamsa,
Did your mom also forget that you were in the US at the time, or did she disclose your location upfront, and then provided more details on the 221?
Hi Jason, thank you for everything. You are really awesome. Sometimes i feel like you are the only one person in this earth who really think about us. Thanks for your support.
I have a question- My work permit expire in one month. Can you please tell me how can i apply for renewal? What would be the fees for renewal? Is there any helpful link to fill out the I-765 form? Let me know please.
Thank You!
Look at the I-765 page at http://www.uscis.gov. If you are a member of ASAP or Casa de Maryland, the renewal fee is $410. Otherwise, it is $495 (I am assuming that you have an EAD based on a pending asylum case). You can learn more about those organizations in a post I did on September 23, 2020, and that post has links to the two organizations. Also, I wrote a bit about the new I-765, which is more annoying than the old form, but basically, just fill the form, pay the fee, include the evidence listed in the instructions, and you should be fine. Take care, Jason
If I may add @Ayesh, if your EAD is expiring in a month, I recommend you apply for the EAD asap( this week infact), so that hopefully, you can get the receipt before your current EAD expires.
The receipt will give you another 6 months of employment authorization when your current one expires.
If you wait for your current one to expire, you may not be eligible for the extension, and if you wait too long before you apply, you may not receive the receipt.
LOL I feel alarmed when my expression date is 6 months away..
Hi Jason,
I got a question for you. Do we have anything from lawmakers for essential workers? I’m pending Asylum since 2016.
I hear something that there is a pathway for citizenship for essential workers during pandemic.
Please advise.
Thanks
There is a proposal about essential workers, but it does not appear to be making much progress. We shall see, but at this time, there is no new rule. Take care, Jason
Hey jason,
Congratulations on your book. I have a question. I have been granted the asylee statue one and half year ago. I filed for my green card six months ago. Till now i have not received it . My ead will expire this November. Shall i renew it and if so how much am i gonna pay or this is gonna be free since i am waiting for my green card and i already have the asylee status
Congrats on your asylum approval.
You don’t need an EAD to work. In fact, you can submit your unrestricted SSN and a driver license/school id to satisfy the I-9 compliance. I think this can protect the privacy the best.
Thank you. Wait times for the GC are very long (1 to 3 years). As an asylee, you can work without an EAD, though it is more convenient to have the EAD. If you choose to renew the EAD, you have to pay (you are filing under category a-5) or do a fee waiver, form I-912, available at http://www.uscis.gov. As long as you file before the old EAD expires, you get the automatic 180-day extension, so maybe you want to wait until you are closer to November to see whether you get the GC. Take care, Jason
4) So, no Company is willing to go through this bureaucratic process and they just simply do not reply to those applicants. Forget about any federal and most government jobs – They require secret clearance (Or other high-level clearance), which is available to U.S. citizens only.
5) Conclusion and the sad reality is that many skilled asylum seekers who wait long years for their interview are being traumatized, losing their skills and ability to work in their profession due to systematic bureaucracy. Large corporations hesitate to hire them and primarily use proxy companies to employ them until they find a qualified U.S. worker for that position. Despite having qualifications, the system punishes many skilled U.S. asylum seekers with a long and indefinite wait, forcing them to take low-skilled and minimum wage jobs to survive in the U.S.A.
I hope this clarify something.
Thanks for opening and expanding upon my discussion. And good find.
That totally make sense.
I guess if employer really cares about that…that’s really a big problem for me, as minimum wage jobs cannot support my financial needs. I unfortunately need a lot of money for things…sigh…Do you mind me asking what percentage of employers in the U.S. have the mindset you stated in 4) ?
But in that regard…I guess I forgot to ask/mention to other people as well. How is it that prospective employer should learn about your status ? Because, as far as I know, it seems the employer cannot ask your immigration status and cannot demand your employment eligibility documents before hiring you. So…the only thing I feel a job applicant should answer is that s/he/they/ze/it is legally able to work…and nothing more, right ? From what I see is that employers constantly breaking the law by asking how a person satisfy that employment eligibility. @asylum seekers’ prospective employer shouldn’t have known that s/he/they/ze/it’s work authorization is satisfied with an EAD or Permanent Residence card.
It is not about mindset; this is what law says. Unfortunately, C8 and many other temporary E.A.D.s are not considered U.S. workers according to 20 C.F.R. & 656.3. United States worker means any worker who is:
(1) A U.S. citizen;
(2) A U.S. national;
(3) Lawfully admitted for permanent residence;
(4) Granted the status of an alien lawfully admitted for temporary residence under 8 U.S.C. 1160(a), 1161(a), or 1255a(a)(1);
(5) Admitted as a refugee under 8 U.S.C. 1157; or
(6) Granted asylum under 8 U.S.C. 1158
And any job opportunity in the U.S.A. is for U.S. workers only according to the above priority. So, if they can not find qualified U.S. workers for that particular position, then the employer can look for other temporary E.A.D.s. To hire asylum seekers, the employer has to prove and document that they made all their efforts among the population of U.S. workers and still failed to find anybody.
I don’t have statistics for how Companies follow the number 4 rule. I am sure that they have compliance requirements and need to submit some documentation to the government periodically. I assume that most Fortune 500 Companies and government agencies follow this rule with 100% compliance.
An employer is obliged to check your status and your documents through the I9 verification process. I assume that you have never been to this stage as you ask this question. Once employers identify that you are not falling into the U.S. worker category, they will do their best to find a U.S. worker. Until then, you are good to work. More competitive your field is among US workers, there is less chance that you will stay longer.
But isn’t I9 is a requirement only after offered an offer ? I9 is completed within 3 days of starting the work. During an interview stage (i.e, before an offer), how can employer know which status I am ?
Here is the regulatory language:
Your employer may not:
Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic. For example, your employer may not:
Require that you show a document issued by the Department of Homeland Security because you are not a U.S. citizen.
Require a U.S. passport from you because you “sound foreign” and claim U.S. citizenship.
Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your document is fraudulent. For example, your employer may not refuse to accept your U.S. passport because you have limited English proficiency.
Treat you differently than other applicants because you are, or your employer believes that you are, a U.S. citizen or noncitizen.
Ask to see your employment authorization documents before hiring you or before you complete Form I-9.
Refuse to accept your document or refuse to hire you because your document expires in the future.
Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract.
Demand a specific document when reverifying that you are authorized to work. You may present any document either from List A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work.
@Asylum seeker – It is not about mindset; this is what law says. Unfortunately, C8 and many other temporary E.A.D.s are not considered U.S. workers according to 20 C.F.R. & 656.3. United States worker means any worker who is:
(1) A U.S. citizen;
(2) A U.S. national;
(3) Lawfully admitted for permanent residence;
(4) Granted the status of an alien lawfully admitted for temporary residence under 8 U.S.C. 1160(a), 1161(a), or 1255a(a)(1);
(5) Admitted as a refugee under 8 U.S.C. 1157; or
(6) Granted asylum under 8 U.S.C. 1158
And any job opportunity in the U.S.A. is for U.S. workers only according to the above priority. So, if they can not find qualified U.S. workers for that particular position, then the employer can look for other temporary E.A.D.s. To hire asylum seekers, the employer has to prove and document that they made all their efforts among the population of U.S. workers and still failed to find anybody.
But isn’t I9 is a requirement only after offered an offer ? I9 is completed within 3 days of starting the work. During an interview stage (i.e, before an offer), how can employer know which status I am ?
Here is the regulatory language:
Your employer may not:
Demand that you show specific documents because of your national origin, ethnicity, immigration or citizenship status, race, color, religion, age, gender or disability, or because of any other protected characteristic. For example, your employer may not:
Require that you show a document issued by the Department of Homeland Security because you are not a U.S. citizen.
Require a U.S. passport from you because you “sound foreign” and claim U.S. citizenship.
Refuse to accept your document or refuse to hire you because of an unfounded suspicion that your document is fraudulent. For example, your employer may not refuse to accept your U.S. passport because you have limited English proficiency.
Treat you differently than other applicants because you are, or your employer believes that you are, a U.S. citizen or noncitizen.
Ask to see your employment authorization documents before hiring you or before you complete Form I-9.
Refuse to accept your document or refuse to hire you because your document expires in the future.
Limit jobs to U.S. citizens unless U.S. citizenship is required by law or government contract.
Demand a specific document when reverifying that you are authorized to work. You may present any document either from List A or from List C of the Lists of Acceptable Documents to demonstrate that you are still authorized to work.
I perfectly understand you. But the reality is different and more strict against temporary EADs. Let me give you some real-life examples during the interview process:
1) MidSize firm- Are you a lawful permanent resident of this country? This employer wants to restrict his employment pool only to green card holders and citizens. Even do not intends to consider temporary green card holders, refugees, and granted asylees—absolute violation of laws.
2) Fortune 500 Company – Do you have a green card? – The same – —absolute violation of laws.
3) Other large corporations- We want to check when you plan to renew your EAD? – In reality wish to check if my EAD is temporary, which means I am not a US worker.
4) Do you have unrestricted SSN? – Want to check if I am a US worker. Most pending asylum applicants have restrictions on SSN.
5) Do you have any restrictions on your driving license? – Wants to check if I am a US worker. Again, pending asylees have temporary visitor restrictions.
And so many similar tricks and questions.
Yesssss !!! Can you believe it ? I mean I understand the reason but I really need a lot of money for something as most of my future treatment is considered elective so insurance not covering…and it’s really expensive. Could reach 6, 7 digits. So hearing this sad reality really puts a damper in me moving forward with my personal mission.
Your 1 and 2 are very obvious violation. But in reality I didn’t see many of them. They do exist tho. One prospective employer asks me what status I am in. 3, 4, 5 I never encountered.
My experience is that, they ask standard questions in the paper application:
1) Are you legally able to work in the U.S. ?
2) Do you now, or in the future, need sponsorship ?
These two are the only allowable questions.
Usually tho, during recruiter reaching out is where the inquiry comes out. They want to know what type of work permit you have, which is not an allowed question. And when they know, I either never hear back or receive a standard rejection letter. Because my State is a two party consent State. I cannot record the conversation so I am not able to successfully contest…
Thanks for your take, I will do more deliberation on this issue.
I wish you a quick and safe recovery. Good luck at your job search.
Thanks 🙂
I also agree that U.S. workers should be treated as priority. No disagreement about that. We have too many jobs outsourced to other countries and is hurting the American economy.
Thanks all.
I learned more in regard to employment through EAD.
Thanks for sharing your thoughts and experience
I responded to the prior post – sorry for that. Sometimes, if there is more than one link in a comment, I have to approve it manually…
@Jason Dzubow – I posted the same comments a couple of times. I see that some of them repeatedly posted. agree with you. It is my bad.
Most asylum-seekers are disadvantaged during job search due to many factors, including recent relocation, language barriers, cultural differences, lack of networking. If you add up some hidden barriers (green card requirements, U.S. worker barriers), finding a job in a skilled profession is tough. The renewal process for EADs is also another nightmare. I think the logic behind the 2-year expiration date for EADs was that no one expected to get it more than once. But when you apply for your 4th EAD renewal, and some people with the same tracking history in the USA are waiting for their citizenship ceremony, then you start thinking about the system’s fairness.
2) So, any job opportunity in the U.S.A. is open only to U.S. workers in the above priority. If ten citizens (Category 1) and ten category six candidates apply to a job opening, candidates in the category one pool have dramatic priority over all other groups. C8 and all other temporary E.A.D.s are even not included in this pooling.
3) And according to the DOL hiring guide: https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/20cfr656.pdf
(i) this documentation shall include documentation of the employer’s recruitment efforts for the job opportunity, which shall:
(A) List the sources the employer may have used for recruitment, including, but not limited to, advertising; public and/or private employment agencies; colleges or universities; vocational, trade, or technical schools; labor unions; and/or development
or promotion from within the employer’s organization;
(B) Identify each recruitment source by name;
(C) Give the number of U.S. workers responding to the employer’s recruitment;
(D) Give the number of interviews conducted with U.S. workers;
(E) Specify the lawful job-related reasons for not hiring each U.S. worker
interviewed, and
(F) Specify the wages and working conditions offered to the U.S. workers; and
If U.S. workers have applied for the job opportunity, the employer shall document that they rejected solely for lawful job-related reasons.
Now! It makes more sense to me why I am still unemployed! I have two master’s degrees and I have already applied for 200 jobs! I’m not even able to get an entry-level job. C category is good for Doordash and Uber.
…I am sorry to hear that Mike. I am the same…Do you mind me asking ho you are supporting yourself ?
But I also have a question… Yes, the employer should prefer U.S. workers than others, no disagreement. BUT!!! How is your employer knowing your immigration status before offering an offer ?
You answers to these two questions should be:
1) Are you authorized to work in the United States (Yes)
2) Do you now, or in the future, need sponsorship to continue to work in the United States (No).
These are the only two allowed questions. And a U.S. citizen and an asylum seeker give the same answers to them. So…by default, employers should presume that you are a U.S. citizen.
Do you mind me asking what questions these employers are asking you and how you are answering them ?
Dear Jason Dzubow,
I congratulate you on your book. It will help many asylum seekers in navigating their long and indefinite journey. Even I am not active on this forum, I try to visit and read new articles and some comments at least once every day. Thank you for having this forum.
I couldn’t keep myself from not replying to this comment. I am not a lawyer and cannot recommend something, but I want to share my thoughts about E.A.D. for asylum seekers with the pending application and how this works in the U.S.A.
1) A person with C8 category E.A.D. is not considered a U.S. worker according to 20 C.F.R. & 656.3. Please, read the definition of a U.S. worker in this link: https://www.govinfo.gov/content/pkg/CFR-2014-title20-vol3/pdf/CFR-2014-title20-vol3-sec656-3.pdf
United States worker means any worker who is:
(1) A U.S. citizen;
(2) A U.S. national;
(3) Lawfully admitted for permanent residence;
(4) Granted the status of an alien lawfully admitted for temporary residence under 8 U.S.C. 1160(a), 1161(a), or 1255a(a)(1);
(5) Admitted as a refugee under 8 U.S.C. 1157; or
(6) Granted asylum under 8 U.S.C. 1158
Hi friends,
May I ask something. I have seen issues with asylum ead and job things coming up again in this forum. So to those who find the jobs, First of all, I wonder what types of jobs are you guys getting ? Is it a retail job ? or some entry level job ? or more advanced professional jobs (needs degree and in big establishment). Advice is welcome here.
Second, obviously it is preferable to have employers not having issues with your work authorization (as it should). But when they are not perfectly fine with it, what are good indicators to like persuade, educate and in essence, reveal your asylum seeking/asylee status, what are good indicators it’s not worth it and simply move on. I know they can find out what type you are by googling the code, but volunteering such information still feels uncomfortable to me. It’s a big reveal. What do you guys think ? Let’s do some brainstorming 🙂
Jason Dzubow – I congratulate you on your book. It will help many asylum seekers in navigating their long and indefinite journey. Even I am not active on this forum, I try to visit and read new articles and some comments at least once every day. Thank you for having this forum.
I couldn’t keep myself from not replying to this comment. I am not a lawyer and cannot recommend something, but I want to share my thoughts about E.A.D. for asylum seekers with the pending application and how this works in the U.S.A.
1) A person with C8 category E.A.D. is not considered a U.S. worker according to 20 C.F.R. & 656.3. Please, read the definition of a U.S. worker in this link: https://www.govinfo.gov/content/pkg/CFR-2014-title20-vol3/pdf/CFR-2014-title20-vol3-sec656-3.pdf
United States worker means any worker who is:
(1) A U.S. citizen;
(2) A U.S. national;
(3) Lawfully admitted for permanent residence;
(4) Granted the status of an alien lawfully admitted for temporary residence under 8 U.S.C. 1160(a), 1161(a), or 1255a(a)(1);
(5) Admitted as a refugee under 8 U.S.C. 1157; or
(6) Granted asylum under 8 U.S.C. 1158
2) So, any job opportunity in the U.S.A. is open only to U.S. workers in the above priority. If ten citizens (Category 1) and ten category six candidates apply to a job opening, candidates in the category one pool have dramatic priority over all other groups. C8 and all other temporary E.A.D.s are even not included in this pooling.
3) And according to the DOL hiring guide: https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/20cfr656.pdf
(i) this documentation shall include documentation of the employer’s recruitment efforts for the job opportunity, which shall:
(A) List the sources the employer may have used for recruitment, including, but not limited to, advertising; public and/or private employment agencies; colleges or universities; vocational, trade, or technical schools; labor unions; and/or development
or promotion from within the employer’s organization;
(B) Identify each recruitment source by name;
(C) Give the number of U.S. workers responding to the employer’s recruitment;
(D) Give the number of interviews conducted with U.S. workers;
(E) Specify the lawful job-related reasons for not hiring each U.S. worker
interviewed, and
(F) Specify the wages and working conditions offered to the U.S. workers; and
If U.S. workers have applied for the job opportunity, the employer shall document that they rejected solely for lawful job-related reasons.
4) So, no Company is willing to go through this bureaucratic process and they just simply do not reply to those applicants. Forget about any federal and most government jobs – They require secret clearance (Or other high-level clearance), which is available to U.S. citizens only.
5) Conclusion and the sad reality is that many skilled asylum seekers who wait long years for their interview are being traumatized, losing their skills and ability to work in their profession due to systematic bureaucracy. Large corporations hesitate to hire them and primarily use proxy companies to employ them until they find a qualified U.S. worker for that position. Despite having qualifications, the system punishes many skilled U.S. asylum seekers with a long and indefinite wait, forcing them to take low-skilled and minimum wage jobs to survive in the U.S.A.
I hope this clarify something.
Congratulations Jason!
So happy for you. Will Spread words around.
Thank you – much obliged, Jason
So sad. Every job i applied turn me down because i don’t have green card.
EAD card is not considered
it becomes useless in the eye of employers
What do you advise?
I told them i don’t need sponsorship. Noone listen
Can anyone give me hope if it works with EAD card to get professional jobs
Thanks
Haha…..Not sure if you are just trying to bait other people to share their information with you or you are just seeking attention because you are lonely or something……. Either way many people have told you a thousand times on this platform that there is no issue with working on EAD….
Close to a million asylum cases are pending overall in courts and close to 300,000 asylum cases pending with uscis…….All those asylum seekers are working fine on their EADs but somehow you have some special problems….
What is your true intention or goal here?????? How is it that 1.3 million other asylum seekers have no problem working on their eads but you do???????
Oh. Thanks. Indirectly you gave me hope. I don’t have any intention here.
I will keep on applying for jobs.
No ill intentions here again
May be the employers are just being Assholes because of your lgbtq status…If this is the case then that is very wrong of them…They should not be discriminating against you just because of your lgbtq status or your pending asylum/EAD status….
BTW what is your profession or area of expertise in which you are seeking jobs??????? There are many Asylees on this platform who can probably help you find good job….I have seen other Asylees on this platform help people find jobs in the past….
May be people on this platform can help you find a good job……
Don’t make assumptions. I am not LGbtq. I don’t name people.
I am trying to be positive here. No ill intentions again. My profession is IT.
Thanks
You don’t name people…good for you…Enjoy the unemployment then…..
If the employers are not being discriminatory then the probable explanation is the lack of skills, work experience or qualifications and suitability for the job. There is no problem with working on EAD for any body else so that’s the only explanation……..
@asylum seekers..which country are you from ?
@Asylee
This person’s user name is Asylum seekers.
I am not sure it is the same Asylum Seeker😊
But hey, there is nothing he is incapable of doing here to remain enigmatic.
Thank you Tina, I realized that but I think they are the same person……..Some how millions of Asylees and other immigrants are working fine on EADs but employers need green card from this special person…
Something is really fishy here 🙂 🙂
I guess ignoring this person may just be the way to go,then.
asylum seekers and asylees should not mock or ignore each other…
Lots of my clients get jobs with EADs. I do not know why you would be turned down – maybe you need to ask the employer for an explanation and then educate them about the EAD. Take care, Jason
It is federal jobs. i do understand if they have sensitive data. I do believe I can work as contractor though. I will keep trying nevertheless.
Thank you for motivation
Jason Dzubow – I congratulate you on your book. It will help many asylum seekers in navigating their long and indefinite journey. Even I am not active on this forum, I try to visit and read new articles and some comments at least once every day. Thank you for having this forum.
I couldn’t keep myself from not replying to this comment. I am not a lawyer and cannot recommend something, but I want to share my thoughts about E.A.D. for asylum seekers with the pending application and how this works in the U.S.A.
1) A person with C8 category E.A.D. is not considered a U.S. worker according to 20 C.F.R. & 656.3. Please, read the definition of a U.S. worker in this link: https://www.govinfo.gov/content/pkg/CFR-2014-title20-vol3/pdf/CFR-2014-title20-vol3-sec656-3.pdf
United States worker means any worker who is:
(1) A U.S. citizen;
(2) A U.S. national;
(3) Lawfully admitted for permanent residence;
(4) Granted the status of an alien lawfully admitted for temporary residence under 8 U.S.C. 1160(a), 1161(a), or 1255a(a)(1);
(5) Admitted as a refugee under 8 U.S.C. 1157; or
(6) Granted asylum under 8 U.S.C. 1158
2) So, any job opportunity in the U.S.A. is open only to U.S. workers in the above priority. If ten citizens (Category 1) and ten category six candidates apply to a job opening, candidates in the category one pool have dramatic priority over all other groups. C8 and all other temporary E.A.D.s are even not included in this pooling.
3) And this is what says DOL hiring guide: https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/20cfr656.pdf
(i) this documentation shall include documentation of the employer’s recruitment efforts for the job opportunity, which shall:
(A) List the sources the employer may have used for recruitment, including, but not limited to, advertising; public and/or private employment agencies; colleges or universities; vocational, trade, or technical schools; labor unions; and/or development
or promotion from within the employer’s organization;
(B) Identify each recruitment source by name;
(C) Give the number of U.S. workers responding to the employer’s recruitment;
(D) Give the number of interviews conducted with U.S. workers;
(E) Specify the lawful job-related reasons for not hiring each U.S. worker
interviewed, and
(F) Specify the wages and working conditions offered to the U.S. workers; and
If U.S. workers have applied for the job opportunity, the employer shall document that they rejected solely for lawful job-related reasons.
4) So, no Company is willing to go through this bureaucratic process and they just simply do not reply to those C8 and other temporary EAD applicants. Forget about any federal and most government jobs – They require secret clearance (Or other high-level clearance), which is available to U.S. citizens only.
5) Conclusion and the sad reality is that many skilled asylum seekers who wait long years for their interview are being traumatized, losing their skills and ability to work in their profession due to systematic bureaucracy. Large corporations hesitate to hire them and primarily use proxy companies to employ them until they find a qualified U.S. worker for that position. Despite having qualifications, the system punishes many skilled U.S. asylum seekers with a long and indefinite wait, forcing them to take low-skilled and minimum wage jobs to survive in the U.S.A.
I hope this clarify something.
Thank you for this – I am not a specialist in immigration/employment issues (I-9 compliance), so I am not that familiar with the rules. However, based on what I have observed with my clients, the main issue with the c-8 EAD is that they cannot get government job or some government contracting jobs. Most people are able to find something, and often times, they can find something in their field. Of course, this is not just a function of their legal status – people who are new to the US lack connections and US experience, and this can also make it harder, and of course, many do not speak English fluently. Most professionals who come here take a few steps back in their careers, but also, many are able to recover and do very well (but it often takes years). My main issue with the c-8 EAD is that it takes too long to get it, and the renewal process is too long and too slow, and – most of all – that the changes by the Trump Administration (which Biden has still not moved to reverse) make the process much more difficult. I do not like most of the limitations on people with such EADs, but I also don’t think that is something that will change – it is simply not a priority for organizations that are pushing immigration reforms. Take care, Jason
Thank you both for weighing in. And no worries, after my reaching out. It appears that 99% of people don’t know the regulations regarding I-9 compliances and other issues related to employment. The reason, I, out of the whole forum, seems to take this to an extreme level is that the privacy and confidentiality issue are really important for people like me. In fact, it is so important that SSA made some policy change regarding this. https://www.thetaskforce.org/social-security-administration-ends-policy-of-outing-transgender-employees-to-employers/
This way, people like me could both satisfy the employment eligibility verification and not revealing identity. Currently, I have to use the C-8 EAD…which will give away my asylum seeking status and my name and other information assigned at birth. In the future, I hope, if God’s mercy, I will be able to use unrestricted SSN and a school ID to find jobs 🙂
I agree with you. Most asylum-seekers are disadvantaged during job search due to many factors, including recent relocation, language barriers, cultural differences, lack of networking. If you add up some hidden barriers (green card requirements, U.S. worker barriers), finding a job in a skilled profession is tough. The renewal process for EADs is also another nightmare. I think the logic behind the 2-year expiration date for EADs was that no one expected to get it more than once. But when you apply for your 4th EAD renewal, and some people with the same tracking history in the USA are waiting for their citizenship ceremony, then you start thinking about the system’s fairness.
I guess you can take some comfort in the fact that the EAD used to be valid for only one year. At this point, they should just tag it to your asylum case and it should be good for as long as the case is pending. You’d think that would be do-able. Take care, Jason
You hurt me… TAT
This happens too much. I was told that big business tend to be less flexible with immigration background. They heavily prefer other types of work visas. H1B, OPT, L1, H4, TN etc. But not very open to DACA or asylum seekers…Small-sized employers tend to be more forgiving in this regard. I feel that something needs to be done from me to correct the wrong…
I found some job application calling for someone who is US citizen, so I dont apply. Some recruiter asked me for Green card and finally I was hired by one of the Fortune 500 company talent acquisition department. No issue with my EAD which was only 15 days to expire. I was so worried that I brought the receipt for renewal with me. But the HR never asked for any. Have been working for this company at senior professional position for the last 6 months😊
That’s a good HR.
Actually, no, the HR shouldn’t ask you whether you have a green card or not…
Alysum seekers,
It is true that I have never been for the US immigration system but whenever I see you post about jobs, I always wonder whether you have personal issues with employers. I have been doing a government job for so many years with my EAD and I never faced any issues at work. The only issue I always face is with the DMV which sometimes doesn’t want to extend my driver’s license. If you have qualifications, I don’t see how employers will prevent from having a job
It’s a different @asylum seekers.
Hmmm…I mean, other than this privacy thing, I don’t see any other issue frankly. I am actually surprised to hear that you are able to land a government job without issue… May I ask, by no issue, do you mean the employer not nosing around or trying to pry on your immigration status ?
I would not feel comfortable discussing my status. Were you not asked questions like “what immigration status are you in ?” or “how do you satisfy employment authorization ?” or some versions like that ?
Dear Jason
In two month im eligible to apply for my green card based on asylum!
Do i have to submit my medical check up along with my green card application- since its taking long time alot of people says don’t submit now because you will be doing it again because by the time your turn comes and your medical check up expires- need your input
If you do the exam and submit it within less than 60 days, it is supposed to remain valid for the entire GC process. I have seen at least one case where USCIS made the person re-do an exam that should have been valid, and since then, I have generally not had my clients submit the exam when we file. It causes very little delay to submit it later, and that is mostly what we have been doing. Take care, Jason
Thank you so much
20 August will be exactly one year since my asylum approval- and im planning to mail my check up and GC application on 21 August- how soon i can start my medical check up and how long will it take until i receive my medical check up?
I would not do the medical exam until a couple weeks before you mail the case. The rule is that if the date on the medical exam is within 60 days of USCIS receiving the I-485, the medical exam should remain valid for the entire process. Whether they actually follow their own rule, I am not completely sure, but if you can do the medical exam and send the application shortly thereafter, it should (hopefully) be fine (for this reason, I usually have my clients send the medical exam later, when USCIS asks for it). Take care, Jason
Thank Jason
I will try my best to sent with my application because it could cause delay if i sent my medical exam later- worst case if they asked later i will sent again as i have no choice!!
P.S – how soon i can get my check up done??
The delay is pretty minimal, but if you send it, do the exam as close to the mailing date as possible. Supposedly, if the signature on the exam is less than 60 days old, USCIS will consider the exam valid for the entire process. I am not 100% confident in that, but that is what they say. Take care, Jason
On December 1, 2020 The Executive Office for Immigration Review (EOIR) announced that it would make greater use of written filings rather than in-person hearings for preliminary matters for those non-detained individuals in removal proceedings who already have an attorney representing them.
Please can you through more light on this ?
You (or your lawyer) can typically file a written request to skip the Master Calendar Hearing and go directly to the final hearing. Most MCHs are pretty quick and easy, and so whatever you need to do there, you can do in writing. Assuming the judge accepts this, you will be scheduled for an Individual Hearing. Generally, doing it this way will make a case faster, but there is no guarantee of that. Take care, Jason
hi, Jason，I just approved the standby list at LA last week,I think they will call me anytime if some guy cancels the interview, Do you have any suggestions for me during this time?
Keep calm
My guess is that there are many people ahead of you in line, so you have to be patient. On the other hand, maybe you will get called soon. Either way, it is a good idea to make sure all your evidence is submitted, so that if you are called, the case is complete. Since you may get an interview on short notice, you might not have time to get the evidence submitted unless you send it soon. Take care, Jason
Hi arrtorney. I want to fine out if an applicant file a motion to vacate MC hearing and set final hearing , can it be considered as an applicant cause delay after the motion is granted by the IJ?
It should not be, but if you want to be super careful, just wait until you have the EAD before you file the motion. The problem is that the Asylum Clock is a complete mess, and things that should not cause it to stop sometimes do cause it to stop. Once that happens, it is very hard to correct. Take care, Jason
I placed an order for your book, Jason. Great news! Hopefully it will arrive in Uzbekistan and I will read it over a cup of tea. It is amazing news, and I am happy I ordered your book!
Thank you – I hope to get there one day. I always wanted to see Samarkand. Take care, Jason
Congrats Jason! Late but just right addition to your portfolio. I am happy for you.
Why do not you have a youtube channel where you talk about these issues? You can send people from here to learn more about procedures. You have enough content to fill it up. People from youtube can also visit here to have more information. What do you think?
Thank you. The main issue is time – I have thought about You Tube or a pod cast. Either could be fun, so we’ll see. Take care, Jason
Hello. On December 24, 2019, we received your Form I-130, Petition for Alien Relative, I dond know. What is proplem. How can take interwoem date.
I am not sure what the questions is, but depending on the family relationship, an I-130 case can take many years. You can get an idea about that by Googling “DOS visa bulletin”. Take care, Jason
Hi Jason,
What does it mean when your asylum application changes from ; pending decision to we receive your case an waive the filing fee for form I765 then to we have reached a decision to your application. You should expect to receive the decision shortly?
Tell us your timeline Caly,
Congratulations, you -most likely- are approved.
When you applied first? Which office? what happened then? Give us some lights…
Thank you. I’m nervous an very worried, below is my time line.
1. Applied : March 2017
2. Interview: December 2018
3. I765 fees waived: March 2019
4. Decision mailed: May 2021
5. Waiting for the decision, I’m very nervous, can’t sleep well.
If you saw fee waived, and you did not apply for EAD, and requested a fee waiver, fee waived is for A5 EAD.
USCIS issues that automatically upon approval of asylum, and it’s free.
Come back here and update when you receive the mail, please.
It could help others.
Congratulations!
@Caly, You mean you saw this “fee waived” update since 2019?
Chicago field office
People here have commented that this indicates an asylum grant (since fees were waiver for the new work permit, which is what happens when asylum is approved). However, you have to wait for the paper notice to be sure. Hopefully that will come soon. Good luck, Jason
Hi Jason,
Congratulations on your new book. I have ordered this book just now, and it appears to be a great hun of knowledge for future and current Asylee s.
I have a question, I traveled to COP on my green card and next month I have my N-400 interview. What should I expect? Will my citizenship possibly be denied based on traveling to COP. As far as the immigration law is concerned there is currently no statue that denies citizenship based on traveling to COP. I will also update once my interview is completed for future references. Thanks Jason
Thank you. I think you should be prepared to explain why you went back and how you stayed safe. It is very possible that you will not be asked about your travel back, but you could be, so think in advance how you will respond, and if there is any relevant evidence, bring that with you (for example, maybe you went to see a sick relative – if so, get some medical records or a letter from the doctor). I would not give the officer the evidence or raise the issue unless you are asked, but it is better to be prepared. I have had a number of clients go back, and none has had an N-400 denied or had any major problem. In most (maybe all) such cases, the person feared a terrorist group and did not fear the government, so that made it easier to explain. Finally, the danger is that your return trip will cause USCIS to think that your original asylum case was fake, so if you had a strong case, there is probably not much to worry about now. Take care, Jason
Congratulations Mr.Jason
Thank you, Jason
Congratulations Jason on publishing your book! Just want to say thank you for your incredible work you are doing for us!
Thank you, Jason
Congratulations Jason! Been looking for something good to read, will definitely pick up a copy!
Thank you – from what I gather, I think you are very qualified to write that book. I hope you like it. Take care, Jason
Hello Jason and Everyone out there
My husband wants to change state to start a new business
Is it advisable for us to move to a state which falls under Nebraska service center for fast GC processing?
I have no idea. You should talk to a lawyer who does such cases to make sure you are eligible and for how best to proceed. Take care, Jason
Dear Jason,
Congratulations on your new book. Your book is a life experience with people who usually do not have voices in the system, and policymakers are usually not interested in hearing their voices. I’m not sure what happens with Texas Service Center. I believe they are slowing the process for asylum-based green cards intentionally. Based on the people I know or read their comments in different forums, it looks like TSC is the most hostile Center for the number of green cards issued. I believe there should be some statistics from this center. I’m afraid that by mixing their outcome statistics with other centers, they could hide and put more barriers compared to other centers. I have contacted them through email, and it looked like I was emailing a robot. The same response every time through congress representative or directly, the response will come a few months later to your request. It took almost 5 years for my asylum to be approved, and I believe I went through extensive background checks, and still, the reason for the delay is more background checks for additional two years and the clock still counting. I’m wondering if there is a forum to report the practices of that TSC. I believe most of us are afraid of retaliation, but we need to start something.
I do not know whether the TSC is malicious or incompetent (or both), but there are a lot of problems there, and I hope new leadership at USCIS will start to improve things (though so far, we are still waiting). I think the best bet is to contact your Congressional representatives over that issue – I did a related blog post on April 7, 2021. Take care, Jason
WAITING FOR GREEN CARD, I completely agree with you. And, what we don’t seem to understand is that most of the people who work at TSC are, more likely than not, Texans, or people who moved to Texas and became acculturated to Texas’s long-standing culture of xenophobia/ “fear” of immigrants who are people of color (obviously not all Texans are xenophobic). An example of Texas’s xenophobia rearing its ugly head back in 2019 is when the Governor, in a bid to appease his constituencies in Texas said, “If we’re going to DEFEND Texas, we’ll need to take matters into our own hands,” in relation to migrants crossing the Texas border (the undertone: violence against the “unwanted”). Another example- just one more of the many examples- is when a screed posted to the anonymous extremist message board railed against immigrants in Texas and pushed talking points about preserving European identity in America. The attack left at least 20 dead and 26 injured, according to ABC News.
Asylees are already in the system; most asylees would have provided, up to the time of the I-485 application, SEVERAL biometrics information to the government. In addition, most would have also been interviewed by an asylum officer, or “cross-examined” by an immigration judge or DHS attorney. I’ve failed, quite clearly, to understand why TSC needs 2-3.5 years, and sometimes longer, on top of the 1-year physical presence requirement, to process I-485 applications for a set of people who have already been extremely vetted by their onerous and rigid requirements.
The prevailing justification of the outrageous delays in processing asylee-based I-485 applications at TSC- even though TSC has well-established propensity for delaying asylee-based GC applications- is the restrictions imposed as a result of COVID-19. However, how does one justify the delays at TSC vis-à-vis the reasonable times, when we factor in certain restrictions as a result of COVID-19, in which asylee-based I-485 applications are currently being processed at Nebraska Service Center, for example?
If anyone knows how we can get the officers at TSC to arise from their perennial slumber (or hate), please let me know. Though I am currently not waiting for any immigration benefit (thank God), I’ve already emailed, called and badgered government officials. I just don’t like the seemingly inherent unfairness of the how the system works, and would do almost anything to have it changed. I need a new strategy!
Thank you for your selflessness, Jamie.
It has never been about you, but how to assist people who were in your position.
I do respect you for that.
Tina, thanks to all of you
I agree. How about this idea: Since it takes years to adjudicate an asylee adjustment, why not allow asylees to file the I-485 as soon as they receive asylum. By the time the TSC processes the case, they will likely be far beyond the one year of physical presence here and will thus be eligible for the GC. Or better yet, just automatically issue a GC to all asylees after one year (and an updated background check). Take care, Jason
Thanks Jason for this thoughtful recommendation. It is always in my heart that, it should not be difficult to automatically grant GC upon application for asylee. All background check is completed at the grant time. I am waiting for 3 years and four months for GC.
Even to be fair adjudication date would have been one year back from the application date not from the adjudication date when USCIS sleep on it for five years.
Sometimes I suspect this administration’s ability to bring change in the asylum system besides politically bragging about being pro-immigrant. (I don’t deny the last four years scar will take time to heal)
Seta
The issue for the new Administration (like the old) is that they can change the regulations (rules that interpret the law), but they cannot change the law without Congress. So relatively small changes (which are important) are easy for them to make, but big changes are more difficult. I would like to see more action from them to reverse Trump era regulations and make some positive changes. I see no reason why they cannot do that at the same time as they try to “go big” and change the law. Take care, Jason
Jason, brilliant ideas! And these ideas don’t even need Congressional approval. They’d literally be streamlining a broken system. And for the courts, there are so Many things they can do to reduce the backlog and efficiently process the cases. But why would they? There is no benefit to be gained, on both sides, apparently.
Jamie,
I agree. I would argue though that Democrats have a lot more at stake than Republicans. If the system remains dysfunctional, people will lose faith. Republicans have positioned themselves as restrictionists of immigration. Even more do under Trump. The Democrats on the other hand have reached out to immigrants. And many immigrants have Democrats one way or another to gain political power. The inaction or status quo on immigration policies would most certainly backlash on them. I’d argue it already did in 2016. When many Democrats voters, especially Latinos, stayed at home.
It is tricky, as I think many immigrants would naturally side with Republicans on most policy issues. The problem is that the Republican party has become very xenophobic and that it a turn-off for many immigrants. But I do think if the Dems can get some type of reform, they will benefit politically, especially in the long term. Take care, Jason
*Wether they are aware of what’s at stake, do care, don’t want to repeat the same mistakes, that’s the million dollar question.
There are lots of things that can (I think) be done to help – I discuss some in the book (and in some blog posts from late 2020/early 2021). Why they are not taking faster action, I do not know, but I guess it takes time. Take care, Jason
Well said, Jamie. It is a lot of injustice. I didn’t understand how TSC has been doing the same harm years after year and it looks they keep pushing the processing time. I believe you can get a background from Mars quicker than TSC. I believe one great benefit to become U.S citizen is that you need no more to work with USCIS.
I am just sharing a little bit of experience with TSC. I’m one of those who strongly believe that center is intentionally delaying causing more harms to asylees seeking to adjust. They are using bureaucracy to have it their way. Do not, I repeat, do not think they will act on your case if you do nothing. Contact your representatives regarding your issue. If your case is outside “normal” processing time, file a mandamus lawsuit. Although, they have gotten around this by expending processing times to avoid lawsuits. This is the only way they’ll move forward. I’ll bet they just sit on applications and don’t do anything unless they are forced to. This is 100% malicious. Like you said, there needs to be more transparency regarding that center, and I ready to bet anything that they intentional infliction harms on immigrants.
Sadly, I would not be surprised if you are correct. Take care, Jason
Congratulations Jason on your book!
Thank you, Jason
Hi Jason, I heard a guy chatting that he filed a fraudulent asylum case in LA in 2019 and still waiting for a interview. I know this guy’s personal information but I don’t have any evidence to prove. Can you tell me how could I report his fraud to USCIS please?
I am curious what makes you want to report him…
Hey
I don’t know why you like to report him about
leave him alone .Only god knows maybe he lie to you Like come on what you will get if disclosed this case .
https://www.uscis.gov/report-fraud/uscis-tip-form
https://www.ice.gov/webform/ice-tip-form
@ASYLUM SEEKER
What’s wrong with you?????? Why did you post these links here in such a hurry????? He asked the question from Jason but somehow you are in a real hurry to cause damage to somebody else…..Jason should have been the one to explain to flynn that it is not a good idea to go after somebody….
I mean…he could probably find out himself…One way or another. It’s available on the Internet. I myself also don’t like people who abuse the asylum system – e.g. economic migrants. Some persecutors or would-be persecutors are in this group as well. So to maintain the U.S. as a safe sanctuary for me, I think it’s important for me to uphold the integrity of the asylum system.
I think there shouldn’t be too much worry there. False reporting is also a serious offense…
If you had half a brain, I would suggest you to start strengthening your own asylum case by gathering evidence, witness reports, medical and psychological evaluation reports, Any piece of evidence that you can get your hands on will help you significantly….
Just being delusional that you are a special 0.6% case and considering yourself a special case is just a delusion. Believe me when I say this people who claim to be universal defenders of Asylum system are the ones who get deported by USCIS first.
Each asylee has to defend himself against USCIS, Instead of hounding other people and claiming that people with religious asylum claims are less valid or there is more fraud from India and china or making other accusatory claims against other groups of asylees, focus on your own case first…..Or Are you already convinced that you will loose and then only thing you can do now is to hound other people by claiming you are some how 0.6% special case
I just provided a link babe…I think every asylum seeker should be prepared to go undocumented tho…not everybody will be approved…that’s a fact…so preparing for worst case scenario is…understandable ?
There are a lot of fraud from this two countries…I mean I am not the first one said that…
https://www.nytimes.com/2014/02/23/nyregion/asylum-fraud-in-chinatown-industry-of-lies.html
https://cis.org/Bensman/Rare-Reveal-Mass-Asylum-Fraud-Southern-Border
https://www.immigrationreform.com/2020/07/24/us-tighten-asylum-indian-nationals-immigrationreform-com/
https://www.npr.org/sections/money/2018/09/28/652218318/thousands-could-be-deported-as-government-targets-asylum-mills-clients
Unless you believe think all these reporters are lying…
Cases will be approved if they are going to be approved, it will be denied if is going to be denied…So I am not like really worried about that…Being undocumented means I have 11 million other brothers and sisters…They are strong and they persist…Not everybody has the privilege to be approved asylum…so if someone has to go undocumented then it’s better to be prepared. I am recently researching information on how to confront ICE.
https://www.nolo.com/legal-encyclopedia/what-happens-when-undocumented-immigrant-is-caught.html
https://www.nolo.com/legal-encyclopedia/immigration-detention-101-information-detainees-family-friends.html
If you know other resources please let me know.
The only person trying to cause harm here to other people is you…You are not the victim here…you are the persecutor……..Get that in your head…..
Hi arrtorney. I want to fine out if an applicant file a motion to vacate MC hearing and set final hearing , can it be considered as an applicant cause delay after the motion is granted by the IJ?
Friend,
I understand that you may be angry at this other person but you should calm down and relax. Nothing good will come out of going after another person. You don’t have any evidence anyways so your complaint would not achieve anything. If this other person did something wrong to you then just forgive and btw if his case is fraudulent then chances are that uscis will reject it anyways so let uscis do its job. Uscis is already good at its job……Trying to hurt or damage another person will not bring you any peace or comfort…….
I concur with you. That is why it’s very important to keep things private.
Then Why did you post the links here then in such a hurry???? Why did you not wait for Jason’s reply to him????
Because I want to uphold the integrity of the asylum system and look up to be a person like Jason, helping those who are in need.
Because he is a legitimate asylum seeker who happens to be actively preparing to be undocumented, as he has concluded that his legitimate case will definitely be denied.
🤣
Either you are really naive or just acting/pretending like a simpleton to gain other people’s information and cause harm to them………Your own Asylum case is messed up but you are somehow more worried about everybody else and the whole asylum system………
Just because you have no confidence in your own case does not mean you keep going after other people and cause damage to other people……
I hope from now on I can be addressed as she/her or they/them instead of he/him.
To Asylum Seeker,
You need to get your head checked from a psychiatrist or something. For past many days you have been crying and complaining on this platform that you have a weak asylum case and you will be denied definitely.
Now since you have nothing better to do with your time, your only focus is to cause harm, panic and fear for other people. I believe your true intentions are very malicious. Stop with your ridiculous comments, You are not special buddy, stop considering your self special……………I have seen so many people like you on this platform who claim to be LGBTQ for immigration purposes when hey are actually not……. You claim to be from a 1st world developed country equivalent to USA then why the hell have you filed for asylum in the U.S…..Based on you all your comments it seems more likely there is something malevolent in your asylum claim…….
Do everybody else on this platform a favor and take a break from posting Toxic and nefarious comments here. ……..and stop asking other people for their personal information. Your only intention is to cause harm here……
Even if you are LGBTQ and from a 1st world developed country, I am pretty sure there millions of other LGBTQ who are living happily in your home country but somehow you need asylum………I am pretty much convinced at this point that if you are indeed claiming asylum then your case is completely frivolous….
Being in 1st world developed country doesn’t necessarily mean the specific situation is good…
It looks like someone posted a link. I would be careful about reporting if you are not certain, as it might expose you to liability, but that is up to you. Take care, Jason
Hello Jason,
I hope you are doing well. I have 2 questions and wondering if you or anyone on the forum can answer;
I have been trying to update my address with USCIS, I was granted asylum Aug 2020. I go online and login to my account but there is no option for me to update my address online. I called USCIS and they told me there is no other way to change/update my address. I digged the whole my uscis account page but I don’t see any option to do it. Is there any other way to update? Or do I wait until I apply for GC in a few months. Please help.
Second, do I have to wait for 365 days after I got approved to apply for GC? Thank you.
You can find AR-11 at http://www.uscis.gov and file that online. I think you do not need a pending form to update the address. If that does not work, just print the form and complete it, and mail it to USCIS (at whatever address is listed on the form instructions). Keep a copy for yourself. That way, if anyone ever questions whether you updated the address, you will have evidence that you did so. Technically, this is required, and so it is a good idea, but I have never had a client get into trouble for failing to update the address. Take care, Jason
Thank you for the quick response. Do I have to wait for full 365 days to apply for GC after the Asylum grant date? Thank you.
Yes – and if you leave the US, you have to wait additional time such that you have been here the full 365 days. So if you leave for 10 days, you have to wait 375 days before applying for the GC. We used to apply 30 days early, but then we had a couple cases rejected as filed too early. Now, we wait the full year. Take care, Jason
Thank you so much for the response.
Hi Jason,
Do you happen to know an estimated time line about when will USCIS start to reschedule those that interview got canceled due to COVID? Or they are now considered as backlog cases ?
There are no timelines that I have ever heard about, but rescheduled cases are supposed to be the first priority. I would email the asylum office, tell them that you had an interview scheduled on X date, but that it was canceled due to Covid and ask when you will be rescheduled. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason
Congrats !!! You’re our pride .
I want to ask you please : should I apply for a work permit renewal as an asylee? I thought that asylees do not need an EAD to worn and that SSN is enough.
What do you recommend ? Thank you!
You need an unrestricted SSN and a school id/DL such
Thank you. You are correct that asylees do not need an EAD to work legally. You can see that here: https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees. However, it is more convenient to have the EAD, so you can apply for it if you want. Also, assuming you are eligible, you can apply for the Green Card. Once you have that, you will not need to keep renewing the EAD. Take care, Jason
Congrats Jason on the book!
I just received the message that my I-485 is approved, so wanted to share the timeline:
Mar 2019 – Applied for Affirmative Asylum
May 2019 – Asylum interview/ approval
June 2020 – Applied for I-485/ EAD renewal (NSC)
Sep 2020 – Renewed EAD card received
May 2021 – I-485 approved (no interview)
I know I’m one of the lucky ones to benefit from LIFO, I’m so very grateful for that and I hope all of you will soon experience the happiness/ freedom I’m feeling right now.
Thanks again Jason and all for sharing valuable information.
Thank you and congratulations on the GC! I think you broke the speed record for this. Take care, Jason
Yes Jason that’s record Super faste
6 year now just recently approved green card .
Good look
Congrats !
Congrats, Mira. Can you please share with us what office you interviewed at? Thanks.
Thanks Ahmad. My asylum interview was at the San Francisco office.
I feel that you might have a concurrent case going on. Are you also on track of H1B-EB2/3 route ?
No, I was on H1-B when I applied for asylum but never filed for I-140/ I-485 on EB.
I see. Thanks for the data point.
Hi Jason,
I don’t an electronic copy to purchase on amazon? Like a watermarked pdf copy to pourchase…..Many people prefer the electronics copy so that they can read on their kindles/cellphones/computers…That is much easier than reading a paper copy….
sorry for the typos..
I don’t see an electronic pdf version for purchase…
I am old school, and so the paper copy was done first. Hopefully, the Kindle version will be ready soon. I will announce it when it is done. Take care, Jason
Congratulations Jason,
As your client and regular reader of your blog, I truly appreciate your dedication helping us through your blog in the midst of uncertainty. Keep up the great work and let me know if I could be of any help!
Thank you – I appreciate that. Take care, Jason
Congrats, Jason. I personally have benefited a lot from your blog and I am sure the book will be a great resource. I really admire your dedication and positive attitude to helping asylum seekers. Keep up the good work!!
Thank you for the kind words, Jason
Congratulations!! So proud of you!!
Thank you, Jason
Dear Mr. Dzubow!
Many Many Congratulations on this book.
I must all congratulate the readers in advance as this is the thought provoking for not only for Asylees, Asylum seeker, Asylum Officers but for all those who are involved in immigration system (Directly or indirectly).
Though have just ordered but I am taking the liberty to compare the wisdom of this book with one my all time favorites “The Alchemist” by Paulo Coelho. Though his masterpiece is fiction your is based on real time world. “THE ASYLUMIST” will not only be a pioneer in this rarely discussed (in masses) subject but will also give another Genre to writers, researchers and most importantly Policy makers.
Being in VA i will eagerly look forward to participating in-person event in DC.
Thank you – The Alchemist is one of my favorite books, though something tells me Paolo Cuello will have slightly more sales than me. I will try to post here about online and in-person events once they start to be scheduled (hopefully soon). Thank you, Jason
Dear Jason,
Is there anyone who’s approved I-730 sent to the department of state? How long will it take and who should we contact to track to status of our case ? In online case status we just got the notification that case was sent to the department of state.
Also anyone here to share the I-730 timeline how long will take to get the visa ?
Thank you
There is a website for the NVC (Google “NVC inquiry) and you can inquire about the case there. My experience is that the website is quirky, but once the inquiry is accepted, they will respond. It seems many embassies are still not processing cases. Why this should be, I do not know, but hopefully as Covid eases in many places, we will start to see things moving better. Pre-Covid, it usually took maybe 1 to 3 months after the I-730 approval to get to the embassy processing stage, but since Covid, everything is slow and time frames are not predictable. You can Google the US embassy in the country to try to get an idea about visa interviews there. Take care, Jason
Keep us the good work Jason. You have always been such a relief for desperate people like us. I have a question. USCIS has updated the EAD processing time as follows:
1 Week to 9.5 Months Based on an approved asylum application [(a)(5)] August 15, 2020
2 Months to 3.5 Months Based on an approved, concurrently filed, I-821D [(c)(33)] February 13, 2021
3 Weeks to 5.5 Months All other applications for employment authorization December 06, 2020
5.5 Months to 7 Months Based on a pending I-485 adjustment application [(c)(9)] October 19, 2020
9 Months to 12 Months Based on being an H-4 spouse of an H-1B nonimmigrant (filed with I-539 H4) [(c)(26)]
My EAD application receipt date is December 2020 but the check cleared my bank in February and the online tool says that my application was received in February. Should I go by the receipt date or the online tool? Your response will be very appreciated
I am not sure, but typically, they measure these things from the receipt date. I suppose if you are making an out-of-processing-time inquiry, you can try to explain that you filed in December, but my guess is that USCIS will consider the case filed in February. As usual, USCIS would be incorrect. Take care, Jason
Congrats to you Sr.May that Book bring you more success.you have a heart of an angel.
Thank you, Jason
Congratulations to you Jason. You are a nice man. May God continue to bless you especially with a set of twins one of these days.
I suggest that you do a live zoom session to launch your book and tell us how we can buy. Congratulations to you once more
Hun?????#set of twins🤣
Oy vey…
Thank you – though I think I will not have any more kids in the near future. I do plan to do some online events and I will try to post that here. If you have a burning desire to buy the book, there is a link in the article above. Take care, Jason
I ordered from Amazon already😊
I don’t know if you need it anymore, but I hope you enjoy it. Thank you, Jason
You never know if I am headed to law school?
I can see that…
Congratulations Jason !
The “Asylumist” has been an anchor in the times of the US immigrants turbulent journey. I personally comforted by the advice, direction and hopes of the asylumist. The Asylumist will remain one of the best memories of the trials of being an immigrant. I could only say thank you for the good work ! I am just ordering “The Asylumist’ from Amazon.
Thanks
Thank you for the kind words. Take care, Jason
Hello,
I would like to ask you about something happened with my husband’s I-797C application ( work Authorization)
I submitted the application with money order of $ 410 fees that was two weeks ago and today we received a package retiring the application and all the supporting evidence, they mention that the payment amount is incorrect or has not been provided .
I
If the case is based on asylum pending, the fee is $495 unless you are a member of ASAP or Casa de Maryland. I wrote about this with links to those organizations on September 23, 2020. Also, look at the I-765 instructions to make sure you include everything that is required, including evidence of membership in one of those groups. Take care, Jason
hello my best , my journey paterne , my live , all of you
08/06/2021 . approved date for my asylum cases . thank you so much America and all of you supporting , wish you all of you happy adventure , cause I call this adventure mistrial
08/7/20 – I-485 package mailed.
08/10/20 – Received 797s for I-485, I-765, & I-131.
10/28/20 – Received letter indicating RFE were applied to -485.
11/23/20 – I-693 Medical Exam was delivered to USCIS Nebraska RFE.
11/12/20 – order new card after passing the finger-point I-765 and 1-131 still pending
11/17/20 – Received I-765. not the RTD Still pending.
03/17/21- finger -point taken . for I-485
03/30/21 – thru 04/05/2021 order RTD , Approved RTD -Received RTD
05/17/20 – NEW CARD ORDER (HAPPY, THANK GOD)
05/18/20 – online has been change we approved your case.
05/21//20 – my flight time going to 3 rd party i won’t see the physical card . sad
no interview for the green card
question what I have to do I will travel without the green card just the I-94 and the RTD
since is positive thing to share .
I am not sure I fully understand this, but if you have asylum and a valid RTD, you can travel outside the US and return. Take care, Jason
Congratulations, Jason!
One of my priority wishes is to one day, with my family, meet this amazing, kind, and extremely tolerant person.
You are a blessing to mankind.
I agree with everything you said, Tina.
Shucks. I hope to meet you one day as well. Take care, Jason
I am also blessed in this website, get a lot of support. I think I am a resourceful person, but the support available to asylum seekers are almost nil…So I appreciate that…
I do, however, want to share my dose of concern regarding the book…I am a little worried that the confidentiality of a lot of asylum seeker’s situation is breached. and then the state or private persecutors will know how to prevent asylum seekers from escape and seek asylum…Sorry for my cynicism. But from my personal experience, except Jason and fellows here, there are a lot of evil people out there…I am hoping the book hopefully can only be circulated in domestically…
Asylum Seeker,
I understand your concerns, but it appears to me that every glass you see is half empty. How about seeing them as half full, sometimes and making a conscious effort to see the positive in some things.
I could also be a bit of “half empty glass”person, but I think it is very depressing for you to find the negative in everything.
I guess it’s time to pick up a journal and start looking for positives in things/situations, and see if you find any.
I just ordered a copy of Jason’s book. I want to review it to see if there is anything worrisome. by the way TINA, you mentioned that you are working for a white-collar job at the moment ?
Your case is unique, so I am pretty sure you will find something “worrisome”.
You expressed it before you even ordered the book.
Here is the question though, what would you do when you find “the something worrisome”?
Ask that the book be taken off the market, or move to another country where people cannot access the book and persecute you with information on it?
So, these evil people cannot access this blog?
There is a lot that is worrisome, but hopefully there are some parts that are helpful too. Take care, Jason
Commencing my reading on Friday ~~~
I’ve finished reading. There is little to worry in this book. So my confidentiality concern is greatly relieved. It turns out to be very helpful and positive.
Asylum seeking is a serious thing. It’s a matter between life and death. So I think at least before being granted asylum. A person should always be vigilant and view things in a highly forensic way…also keep preparing for a future of being undocumented, confronting of ICE, guidance on what if apprehended or detained, what document should I sign what not. I think doing this will minimize my danger. I envy those who could take it lightly…I wake up everyday with a heavy heart…This is my response. I guess this is related to my upbringing. I need to hide a lot of things and witness too many dark sides of humankind. So bear with me.
I really want to say that all of you guys shine a ray of light to me. Another point is that my medical procedure is blocked due to asylum pending because of no insurance and no income. Delayed medical process could have a serious consequence on people like me. I guess this hopefully can help with the understanding.
I just tried to get a blue-collar job but…didn’t work out…
Nothing works out for you….You are a special asylum seeker…I think USCIS needs to relocate you to MARS/Venus or something so that no body can get to you or persecute you there…Somehow being in America is not safe enough for you……..You are a very special case of Asylee…..
You keep asking other people for their Asylum case information but refuse to provide your own…..You have also used the word fraud in your comments a few times to indicate that other Asylees are committing frauds…..
Why don’t you share your home country and some more information about your case here so that we can actually determine the validity of your asylum case and could possibly give you some good advice about it……….
People like me are very rare in the world (0.6% in the U.S.), so there is not a prescriptive way available for people like me how to move forward and get around things, I have to do this through trial and error. And sometimes I will fail, each failure costs resources. If no luck by the time I run out of resources, then I will be in a very bad situation. What works for the vast majority may not necessarily work for me. Also it is very hard to convey the perspective of mine to other people who are not in possession of my trait, the kind of incongruence and medical needs. There is a lot of work to be done establish a support system for people like me. But before that is available, people like me have to be more active and ask different kinds of questions. The activeness of mine in this blog is inversely proportional to the resources available outside. But the more active a person is, the more likely s/he will be causing some stirs. So the reality becomes like this. I hope this could answer the question…No right and wrong here, people’s action is largely determined by environment.
Maybe you can take some comfort in the fact that there are easily 1 million asylum seekers currently in the system (and many more whose cases are completed). If 0.6% of people are like you, that would be 60,000 people, and so the asylum officers and judges have likely seen similar cases before. Many lawyers probably have as well. Take care, Jason
The book does not have an info about any people, so there are no confidentiality issues. But if your concern is that the book will somehow alert other countries that the US offers asylum to people, I think anyone who finds this book will already know about asylum. On the other hand, this blog got me banned from Turkey, so you never know…
I guess there is just some gap between the sensitivity level of confidentiality of me and that of others. I personally have a zero tolerance policy regarding confidentiality of my case and my identity. I guess I formed the habit of such alertness because I need to hide some essential part of mine from a very young age…Please bear with me and please understand. I would feel very comfortable to meet with you guys in real life tho. Every asylum seeker has a sad past, and let’s become brothers and sisters, to build a homeland without persecution and everybody could live safely and happily.
” I personally have a zero tolerance policy regarding confidentiality of my case and my identity”
And then-
” I would feel very comfortable to meet with you guys in real life tho.”
Asylum seeker, I am beginning to question your true intentions here.
What do you mean ?
Here-
You have zero tolerance for the confidentiality of your identity, but you are “comfortable” meeting us in person.
You also happen to know that there are persecutors on this platform, according to you.
During this meet up, how would you differentiate your persecutors from genuine members of this blog?
You would not even disclose where you reside, but you want to meet people here in person.
Again, I am beginning to question your intentions.
Meant to reply all…sorry /..\
And the turkey thing renewed my estimation of how low a country’s government can go…sigh…
For your specific questions. Yeah your second interpretation is right. Countries are becoming smarter. For example, several years ago, my country of origin changed one of its policy, one that is a basis for a lot of asylum seekers, to prevent people from receiving asylum…But I think you are right that countries know that. So that is assured. I am dying to read the book and I hope I can find more solace after reading it.
Hi Jason,
My girlfriend here in the U.S is from a 3rd country (Not from my home country) on a student visa. Would I be able to add her in my asylum case. My asylum interview is still pending for last 5 years….
I mean if we get married here, would I be able to add her in my asylum case while my case is still pending an interview with USCIS
If you get married, you can add her to your case (though procedurally, it is usually a huge pain to add a dependent to an existing case). It does not matter what country she is from (and in this way, I once won an asylum case for a dependent who was a citizen of both Canada and the UK). Take care, Jason
Congrats Jason, Great work….Thank you for helping Asylum seekers all these years……I have been following your blog since Jan 2016 which is when I applied for Asylum…….You are really an amazing person…You keep your patience, kindness and compassion intact somehow through all these complicated issues
Thank you for the kind words. I guess I have a captive audience at this point, but it would be nice to start getting some of these cases processed. Take care, Jason
Congrats, Jason! I appreciate this very much.
Thank you, Jason