The Torture Abolition and Survivors Support Coalition (TASSC) International will hold its annual conference and advocacy days from June 23 to 26, 2021. The theme of this year’s conference is “The Asylum Crisis in the USA.” This is a great opportunity to learn about the challenges facing the U.S. asylum system–and to do something about it. All events (including advocacy) will be held online and are free. In support of the conference and its goals, from today until June 30, all proceeds from my new book, The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity, will go to TASSC International!
TASSC is an amazing organization consisting of torture survivors and asylum seekers who help and support each other. Speakers at the event will include torture survivors, advocates, mental health professionals, and lawyers (including yours truly–on June 23rd at 11:30 AM).
The first day of the conference features a number of important topics, including a discussion about the asylum system’s failures and challenges, survivor resilience, and advocating for a humane asylum system. There will also be a training for people participating in the advocacy days (on June 24 and 25).
After the conference, we will (virtually) head for the Hill to educate Congress about needed changes to the asylum system. While advocates and lawyers can present powerful arguments in support of asylum reform, nothing is more effective than when torture survivors and asylum seekers themselves speak to their representatives. These personal stories are always very moving and memorable, and can truly influence decisionmakers.
One big issue for TASSC (and for many asylum seekers) is the affirmative asylum backlog, which currently stands at over 386,000 cases (and because one case may include several family members, there are more than 600,000 individuals in the backlog). Some of these people have been waiting for four, five or six years–or more–for their interview or decision. In many cases, they are separated from immediate family members, who may be living in unsafe conditions in the home country. The long waits, loneliness, and uncertainty are very difficult to bear, and it is not uncommon to hear torture survivors say that the asylum process is, in some ways, worse than the persecution they faced back home. Besides the affirmative asylum backlog, many other people are waiting for decisions in their Immigration Court cases. Currently, there are about 1.3 million noncitizens in Immigration Court, and many of them are asylum seekers. These applicants have also been waiting years for their decisions, separated from family and living in great uncertainty. Educating law makers and securing more resources is crucial to reducing the backlogs at the Asylum Office and in Immigration Court, and in achieving stability and healing for asylum seekers and their families.
After the meetings on Capitol Hill, events wrap up over the weekend with a vigil against torture and a community of healing ceremony for survivors.
TASSC was founded by a torture survivor in 1998 and has been serving torture survivors ever since. The non-profit provides coordinated care to address all aspects of a survivor’s wellbeing–from community and social connection, to legal, psychological, and medical support. TASSC is also committed to advocating for torture survivors on Capitol Hill and in the community. Survivors themselves–including TASSC’s truth speakers–lead these efforts, and to date, the agency has met with dozens of Congressional offices and given numerous presentations at schools and faith-based institutions.
You can register for the conference and advocacy days here. Again, all this is online and free. Even if you can’t join us for these events, you can learn more about volunteering or seeking help from TASSC at their website. And did I mention that when you buy my book between now and June 30, all profits will go towards supporting this worthy organization? So what are you waiting for? Go here to buy the book! Thank you, and I hope to see you at the conference.
Hey Jason, I cannot tell you how much I appreciate you. So I have a question I applied for GC and there was unauthorized employment question. I had worth of 2 months of unauthorized employment so I stated “yes” now I got a RFE for explaination. I am barred from AOS or can I give a waiver or something. Also I asked my lawyer he said you should explain all the dates and how much duration was it.
I doubt they would bar you for that, and if a waiver is needed, it is the INA 209(c) refugee waiver, which is free and generally easy to win (I am assuming you applied for the GC based on asylum). I would explain what happened, why it happened, take responsibility, and apologize. If that does not work, you can do the waiver, which should work. Maybe ask your lawyer if you should file the waiver now or wait to see what USCIS does after you respond to the RFE. Take care, Jason
Hi Jason,
I peeked Asylum in January this year and I received a letter to stay in the country in February. Unfortunately I am struggling financially because I cannot work. Do you think I can apply for work authorization?
The soonest a new asylum seeker can file for a work permit is 150 days after the date on the asylum receipt. To do that, you have to be a member of either ASAP or Casa de Maryland (these are non-profit organizations). I did a post with links to both groups on September 23, 2020. Maybe you have some other way to obtain a work permit, but for asylum seekers, they have to wait. If you work without permission, it is not legal, but it generally has no negative effect on an asylum case (it could have a negative effect on other types of immigration cases). Take care, Jason
Hello. Can i post 6 sets of i765 forms to uscis in same envelop? or mail every Application in seprate Mail?
As long as each application is complete, you should be able to mail all of them in the same envelope. Take care, Jason
Hi Jason
My EAD is due for renewal (eligibility category: C08) . I sent the form with a check three (3 ) times and were all returned. Is that normal?
Hi Jill,
What’s the reason they returned it?
It happened to me as well because I only submitted a check with the filing fee, not biometrics.
Hope it helps!
It is not normal and when they reject an application, they should provide an explanation about why. If you do not understand the reason, you should talk to a lawyer for help. Take care, Jason
Decomposition.
I hate to do this comparison, but authorities in Egypt use similar tactics today to repress political opponents, as they keep them in limbo with unknown dates for trials or decisions. Daily pressure adds up to slowly kill them with there families.
Something like the 70s “Zersetzung” of East Germany.
Sadly, this is a pretty good analogy. While this was deliberate with the prior Administration, I think (and hope) the Biden Administration is trying to improve things. They have a lot of work to do. Take care, Jason
Hi, I want to ask question about adjudicators’ knowledge of country condition. Should the explanation of country condition be a burden of mine ? I am getting a little concerned in noticing that the vast majority of people don’t seem to know that there is serious persecution of people like me in my country of origin, compared to some other more visible countries (e.g. Jamaica, Iran…). Folks told me they have first heard of that. There is growing evidence of persecution surfacing but…my country of origin did a good job suppressing it. Does this reality inevitably leads to more work on my side to gather information…to potentially…”educate” ? Or I should assume adjudicators should have known that, by referring to past testimony (more people with this ground from my country of origin was granted asylum than people from my country of origin as a whole, tho the absolute number of this ground is small) and existing evidence out there. So just wondering is it safe to assume that the adjudicators should know-it-all or should I expect to be responsible for the informing part ? It will be a little uncomfortable in the latter scenario because then I will be challenging the neutral assumption which could quickly lead the interview to be confrontational…
Asylum Seeker, unfortunately, the burden of proof is on the applicant for asylum to establish that he or she is a refugee as defined in section 101(a)(42) of the Act. This burden also involves proving that you are, or would be, persecuted because of your membership in a particular group or category (or people like you are being persecuted), and that the government is the persecutor or is unwilling or unbale to protect you. There are other ways, other than country condition reports, or articles and news reports, that you can use to prove that you are, or would be, persecuted because of your sexual orientation, for example. You can have friends and family write letters on your behalf, or have an expert from your country, or anywhere else in the world, submit an affidavit for you. If the persecution of LGBT people in your country is so obscure that no expert- not even outside experts- is available to corroborate your claim, then your fear, unfortunately, may have only met the subjective fear component (in the U.S. government’s eyes, at least).
There is some reputable evidence, not in great abundance unfortunately (not to say persecution is not in great abundance). I guess I am unhappy with the reality that, whatever the reason is, the current situation is my country of origin is not impressed as a typical country that persecute people like me, which makes my case harder. I will have to first refute the neutral assumption people have regarding my country of origin, which is hard to do. Because my word of mouth is not as powerful as the press and media of my country of origin and many western countries, fear the growing power of my country of origin, chose to ignore the negative reporting in this regard. For people from Jamaica or Iran, they don’t have to say a lot about country condition, whereas I have to say a lot and it is a little tiring. I guess how much the adjudicator know about country condition will determine how much time I will have to spend in explaining the background or focus on fear.
Are you kidding me? If you don’t have enough evidence you shall never get asylum!! It’s process of evidence if you can’t do it then you don’t deserve asylum
You are responsible to prove all aspects of the case, including country conditions. If you cannot find info about country conditions online, you can try to find an expert (maybe a university professor, journalist, diplomat, think tank person, etc.) who can write a letter explaining how country conditions are bad. You don’t need to over-do this – if you have credible evidence about country conditions, you do not need to submit lots of additional repetitive evidence, so one or two good reports or articles can be enough. Take care, Jason
Thanks Jason for weighing in. This will be helpful in my preparation process.
Hi everyone and Jason!
Did anyone receive a new 797C Notice of action for permanent residency application saying
” USCIS has received your form qnd is currently processing your application, petition and request. USCIS will run the same security checks and use your biometric data as in the past”
I received the same form in April 2019 when I applied and instead of them sending me a green card they send me this form again. Not sure if that will impact my application cause the notice date is no longer the April 2019 date but 06/14/2021! Hoping I don’t have to wait another 2 plus year’s 😕😫😞. This is Texas Service Center!
Anyone receive this notice recently?
Not sure what this is about. I received that update And a couple of posters here have received the same notification. The commun denominator is that the timeline appears to be the same (Around April to July) 2019 for the application submission. I do not think this will change the priority date. Hopefully they are finally moving with our cases (after 2 years) or maybe it’s just a standard, non informative update.
Good luck!
Thanks Cordy!
Hoping its a step ahead, we have been waiting for a very long time. Knock on wood this will get us Asylee based green card. All the very best to you and everyone here, let’s not loose hope!
I am not sure why you received this – we have not seen them in my office (I don’t think), but I have heard about USCIS sending such notices. My guess is that it is related to internal processing and hopefully means that they are working on your case. Take care, Jason
Hi Jason,
Did DOJ publish a new procedural rule for MH if someone has an attorney?
How long takes to get the Master Hearing in Philadelphia Immigration Court?
Thank you!
Supposedly, they will send info to the lawyer to do the Master Calendar Hearing in writing. I have not been receiving those in my cases, and when I try to do the MCH in writing, I am getting mixed results – sometimes they do it; other times, they refuse and keep us on the docket for the next in-person date. I do not know the time frames in Philly, but typically, it is not very predictable – it may take weeks or many months. Take care, Jason
Hi Jason (and the asylum community in this page),
I filed for asylum-based GC exactly two years ago. Originally, USCIS sent me a notice stating that no new biometrics are needed. Few months later they sent me another notice with a request for biometrics and I gave the fingerprints more than a year ago. Now, I received another notice saying they don’t need new biometrics but the fee I paid won’t be refunded either. The letter also state that background checks will be made based on the original fingerprints. What is going on? I haven’t asked them for a refund. Have you had clients with similar experiences?
Does the notice tell me that they are working on my case?
I appreciate your help.
AK
Hi Jason,
My husband filed I-485 GC application based on Asylum on April 2019.
The last biometrics appointment request was in February 2020 and we thought that its a good news the cases will be processed quickly but after that there wasn’t any update.
Today we received a Notice saying that they are reusing the previously captured fingerprints biometrics and USCIS is continuing to process the application, petition or request.
Did anyone received this kind of notice ? Is this common ?
Do you think I should keep any positive hopes for this notice .
I remember that the last step of the GC process is biometrics right ?
I am keeping my finger crossed 🙂
Sometimes they ask for an interview as well. The message is a bit weird, but someone else just posted a similar comment, so maybe this is a new trend. Here is the message I sent to that person: “It sounds a little strange. I have not seen such correspondence from them. I guess you can try to call them to make sure everything is ok (800-375-5283). It is difficult to reach a person, but you can eventually, and given these messages, that might be worth a try. Otherwise, though, they should either process the case or send you a request for evidence, if something is missing.” Take care, Jason
Thank you Jason for your prompt response and will call the USCIS customer service about it.
WAITING GC ASYLEE,
I received a similar notice few weeks. And my timeline is very similar to yours. Hopefully it means they are moving forward with our cases.
Good luck!
Thank you Cordy!
Good luck to you as well and will keep you posted if I have any updates.
It sounds a little strange. I have not seen such correspondence from them. I guess you can try to call them to make sure everything is ok (800-375-5283). It is difficult to reach a person, but you can eventually, and given these messages, that might be worth a try. Otherwise, though, they should either process the case or send you a request for evidence, if something is missing. Take care, Jason
Hi. I am Asylee. My Family reached by i730 apply at united states last year on August. 1,2020. Can they apply for their Green Card i485 on August 1,2021? I think after one year to stay in United states, they can apply for green card!
If a person comes to the US based on an I-730, they can apply for a GC one year after they arrive here. They have to have one complete year in the US, so if they left the country for 10 days, for example, they would have to wait for 1 year and 10 days before applying for the GC. Take care, Jason
Can you please share your time frame from the time you applied for Asylum ?
Thanks
Good morning everybody,
I am wondering when the asylum office mails the decision:
1- Could anyone track the mail? Meaning the USCIS sent an email with the tracking number.
2- Have anyone needed to sign that he/she have received the mail? Or just collected it from the mailbox.
3- Anyone couldn’t collect the mail, so he/she had to go back to the asylum office to get the decision?
Thanks,
Hi Optimistic,
I collected my decision from the mail box.
I did not know it was coming,until I received the delivery notice from USPS, so I picked it up the same day I got the informed delivery notice.
I hope you receive a positive decision.
Hi Tina,
Thanks for the information. And for the best wishes.
Thanks,
Tina, I hope you are doing well. I am not sure if you have done this previously but would you mind to share the timeline of your case and decision?
Hi Edvardo,
Yes I did.
I was called for interview late last year, and received the decision 3 months after the interview.
Placed on the not so short, short list after my 4th expedite request was declined. 2 by my attorney, one by me and the last by a congress person.
Good luck!
Hi Tina,
Would you mind share what format did you use to request to be on the short list ?
Thanks
@Waiting, I did not request the shortlist. In response to the declined 4th expedite request (by the congress person), the asylum office mentioned on the letter that I was placed on the shortlist.
SF Office
Apply: 2020/02
Interview: 2020/10
Decision: 2021/05
My decision mail does have a tracking number, and I had to give my signature when I receive the mail.
Hello,
Would you please tell me when did you have the interview and where (office), and how long did you wait for the decision to be mailed?
Also Good Luck, hope your decision is granted.
Hi Dee,
I had my interview in NOLA Office at the beginning of 2019.
Your words gave me hope, but still did not receive anything.
If you do not mind share us yours.
Thanks,
Sometimes, USCIS sends mail and gives you a tracking number, but I have not seen that for asylum cases. They just mail it. If you have a lawyer, one copy goes to you and one to your lawyer. Take care, Jason
Hi Jason
Thanks for sharing the information about the concerns and contrails on your book.
I’m a derivative on my husband case. Can you tell me if living separate from the main applicant affects the case.
We are currently going through a rough patch and considering a separation.
Thanks in advance for your answer.
If you are still legally married, it may not matter, but I am not sure. If they think the marriage is no longer valid (because, for example, you live separately and do not have evidence of the relationship), that could cause them to think you are lying about the marriage, which could effect your eligibility for benefits and could affect the whole case. If you get divorced, it will definitely have an effect (you will lose your status and need to take action quickly to protect yourself). You may want to talk to a lawyer now so that you are ready for whatever happens, as situations like this can be tricky. Also note that if you and your spouse have a conflict, and if you currently have one lawyer representing both of you, that lawyer may have to withdraw from the case, as a lawyer is not allowed to continue representing either person in such a situation unless both people agree to allow the lawyer to continue. In short, this situation can be tricky and you might do well to talk to a lawyer now to protect yourself. Take care, Jason
Jason, so nicely explained.
Derivative, I am sorry to hear about this. If you can, try holding out until you adjust your status. Like Jason said, derivative asylees lose that status if they divorce the principal. Wish you all the best.
Thank you so much! It’s been 3 years and I’m suffocating. I’m even considering packing up and going back home.
It is a huge problem (discussed by many people at the conference today – see above article and available on their webcast). Not sure if it will help much, but I wrote about the issue of delay on January 9, 2018. Take care, Jason
Hello
Does anyone know if Immigration accept PO Box as a mailing address, if yes do you put the PO Box number where the immigration forms ask for street name or physical address.
Thank you
They do. Some forms need a physical address and a PO box, and so you can put both. Take care, Jason
Hello Jason,
Hope you are doing great. I am asylee with a pending GC application since 2019 at Texas SC. My EAD expired last year and I applied for a renewal but it has only been approved for 1 year. Is it normal to renew an A05 EAD category for only a year?
Do you mind me asking is there a particular reason that you need A5 EAD ? Is it for work ?
Yes, it is for work. My company can’t let me work unless I have am EAD or GC card. I have tried to explain to them that asylee don’t need an EAD to work but they just don’t get it 🙁
I recently lodged some judicial effort to correct such wrongdoings. The employers should be able to understand that an asylee can work with an unrestricted SSN and another list B id…
If you update SSN after asylum case grandet,
you don’t need EAD to work.
In the moment you write SSN in application,automatically(no DHS) don’t ask you for EAD.
You prompt me with questions actually. It seems among non-U.S. workers, a lot of them struggle with documentary issues at work. So how do undocumented aliens live by ? (i.e., people without legal status and without lawful presence…) Like don’t they run a great risk by turning in …frankly any documentation ? But it seems employer generally needs an ID or 2 to allow a specific individual to work…And how do border crossers who have passed credible fear interview work in the U.S. ? I don’t assume they all have identification no ?
Until they either win their case or get an EAD based on asylum pending, border crossers cannot work legally. Some such people who were granted humanitarian parole were able to get an EAD, but I have not seen any such cases in a few years, and I am not sure it is even possible any more. Take care, Jason
My situation same as yours, so when we went to get unrestricted SSN the SS employee said you need to have your GC with you, apparently she didn’t know what was she taking about because the asylum approved notice says you are eligible to unrestricted SSN. I need to go back again there.
For last two years I was renewing my EAD with granted asylum status. Which doesn’t make any sense to me.
If you don’t mind. Would you like to share where your employer is located at ? I am exploring possibility of class suit. I am particularly sensitive to the demanding of documents by employer that will jeopardizing my privacy because of my personal situation. And I will prosecute these unlawful practices to the fullest extent.
Mori, according to the Social Security Administration (SSA)- the agency that issues social security cards and numbers- their employees must “Treat SSN applicants who submit evidence of asylee status as permanent resident aliens with permanent employment authorization. The Social Security Administration (SSA) issues asylees unrestricted SSN cards (cards without a legend).” The same source also says asylees may submit one of the following documents as evidence of asylum granted status:
– Form I-94
– Form i-797
– Form I-766
-Order of the Immigration Judge granting asylum
Also, according to USCIS, ” asylees may immediately apply for an unrestricted Social Security card at a Social Security office once you have asylees status. You can get Social Security Card information by contacting the Social Security Administration…”
You cannot allow for a worker who clearly doesn’t know how to do his/her job to deny you what you are legally entitled to. Go back to the SSA and ask for the manager of the location. You may also bring printouts of the information. If you have a lawyer, have him/her write a letter explaining your eligibility for an unrestricted SSC.
It happens too much.
If you need it, maybe this will help with that explanation: https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees. Take care, Jason
James Joyce, your company, unless the job is reserved for permanent residents and or citizens by law, should and must allow you to work without an EAD (if you have asylee status). You should send the company a printout of the Department of Justice’s memo, the applicable sections of the law, the USCIS memo… explaining your indefinite authorization to work in the U.S. (without an EAD). If you can, have your lawyer write something to the HR department explaining your eligibility to work without an EAD. As well, you may want to direct the HR dept. to the E-Verify system.
When I just got asylum, my employer would not accept the I-94, the state ID, and the social security card. Of course, I took them to task for not knowing that asylees are authorized to work indefinitely (and because they are a large corporation- they should know). I dared the HR department to let me go for “not having” employment authorization. I sent them everything, in email, that has to do with asylees’ eligibility to work without an EAD. I let them know that the E-Verify system works and is available should they need to use it. I also let them know that my lawyer is available to meet/can send them a notice further explaining my employment authorization without having to furnish additional documents or proof of employment authorization. They just congratulated me on winning asylum and let me know that they are glad to have me continue to work for them. They also apologized for the “misunderstanding”. In any event, I asked them, quite seriously and not in a cocky way, if they wanted me to help with researching and serving as support for verifying employment authorization and a support for identifying who is legally authorized to work and what documents should be presented/acceptable.
Congrats Jamie for standing to your employer…And I am glad it worked out…But…at the same time…didn’t you also slip the fact that you are an asylee, can you help me understand why you feel comfortable doing this ? Wouldn’t that be pretty privacy invasive and could potentially be dangerous ? In my case, I chose to protect my privacy so I lost my job…and now me and my former employer are in legal fight for this…
ASYLUM SEEKER, that is how the system works, to get legal employment, asylum applicants need to show a Valid EAD, most probably C8-category, so employers will know that you are pursuing an asylum. I am particularly proud of being an asylum applicant who was able to get his family to a safe country, so I happily show and say it when needed. I hope I will become an American citizen at some time, and even after that, I will always say that I came here as an asylum applicant.
Asylum Seeker, disclosing your asylum status is a personal choice. However, HR departments are supposed to be confidential- just like a clinic/ hospital/government organization/entity, etc. is supposed to be. You should feel comfortable providing personal information to your employer. If you are not, or feel like you can’t, then the organization may not be a good fit for you. Sometimes we have to also ask ourselves if something or someone is a good fit for us, and if it’s not, we should move on.
It is very hard to hide your immigration status from the HR department, especially if the organization is conversant with the different immigration statuses, as the required document to prove employment authorization usually has the immigration status printed on it (sometimes in the form of codes (the EAD, for example)). The I-94 nearly always has the the status as well. In any event, a state ID (none with restricted wording or term) and an unrestricted social security card should suffice for the purpose of document requirement. Sometimes the employer may not know that the documents provided are sufficient. If you want, you can show the employer why the documents are sufficient and how they can verify your employment authorization via E-Verify.
Thanks EB2 SEEKER and JAMIE. In my case, I will need to show C8 EAD because currently there are no alternative means for me… I consider the printing of C8 code a very bad thing because it’s a really revealing feature. I guess this one I will have to surrender unfortunately…which render the confidentiality moot, cuz I know, the regulation provides that asylum application and credible fear interview or humanitarian relief be kept confidential (including the fact that a person applied for such relief). So I think loophole like this should be closed…(like not printing the code)
I don’t agree that I should not hide immigration status from employer. Nobody should get their hands on my immigration situation without my approval, except the U.S. government. And employers are barred from inquiry immigration status. It’s a private matter. For me specifically, there are a lot of metrics that may need to change in the future, I don’t want more people to hold on to document showing a pre-change me, I run the risk of being outed if people know more about me currently.
In the future, if god mercy, I can use less privacy invasive combination to suffice the I-9 requirement. I feel that I paid a huge cost to protect my privacy and confidentiality…it shouldn’t be this way…
I also would suggest not to surrender your A5 EAD. Because A5 ead has your A number on it. And some employers may do an FOIA about you using that number…
I thought it was renewed for two years, and so that is surprising to me (I could be wrong about this – maybe the a-5 EAD is only renewed for one year; the I-765 instructions, available at http://www.uscis.gov, might tell you). It may not matter, as hopefully you will get the GC before it expires. Also, of course, you are eligible to work as an asylee even if you do not have an EAD. Take care, JAson
How to evaluate Joe Biden’s judicial achievement so far ? In my opinion, it’s not as achieved as his predecessor at this point of his tenure…And with 2022 looming…I don’t think there is a lot could be done prior to 2022 and actually 2024. I am a little worried that this might spell some trouble for pending asylum seekers like me…
The 2nd question of mine is. There was a thread in an earlier post regarding the lawmakers need to bee cautious, which I agree. But…on the flip side…Donald Trump doesn’t seem to be prudent at all…He tear gassed people and anti-muslim, have asylum seekers wait in Mexico…I mean…these actions seem to be very radical…
My curiosity is why it seems conservatives/republlicans/anti-asylum seekers get to enjoy this latitude of action while not suffer too many political consequences (Donald Trump was elected in 2016 and was nearly re-elected in 2020)…but the democrats/pro-asylum seeker people…seem to have to walk very cautiously… Does this difference….indicate that…the mode or average of national mood is … prone to less favorable to asylum seekers ? as in, more people don’t like asylum seekers than like asylum seekers ?
I think it is too soon to make many comparisons, but when Trump came in, there were many judicial openings (because the Republicans blocked Obama from filling them) and so he was able to appoint many judges during his tenure. Biden is making some appointments – but there has to be an open job. In terms of the politics, I wrote about that point (with some polling data) on March 24, 2021. Take care, Jason
Thanks Jason for weighing in 🙂 . This is another factor in my deliberation process.
Hi Jason,
I am an Asylee and I’m waiting to receive my green card. I applied in February. Unfortunately, I was arrested and given a DUI (court in July).
How does this affect my immigration status? I am very very very concerned.
Sad to hear.
I do not know which state you are at, but hopefully, your DUI is based on prescription medications which happens to still be a valid DUI, but may be ‘morally’ excusable.
If it is based on illegal drugs, or alcohol, you should know better.
Good luck!
The state is California.
I got a lawyer and he told me that an alcohol DUI doesn’t fit with the “moral turpitude” that the GC requires but I am asking Jason because I really trust him.
Correct – DUI does not normally constitute a crime involving moral turpitude, but you need to check the specifics of the statute and the conviction to be certain. It can also effect whether a benefit (such as a GC) is issued as a matter of discretion, and so you need to deal with it, but in most cases, you would not be blocked from the GC. Take care, Jason
A DUI would normally not block you from receiving a GC. But you will need to gather the documents from the DUI case, and see what the result is. I think you would want to talk to an immigration lawyer at that point, but probably you would need to submit the DUI disposition (final outcome) to USCIS for your green card case. I think you will need to do this, since if you do not, USCIS will think you are trying to hide the arrest from them, and this could cause a negative effect on your GC case (and any subsequent citizenship case). But like I say, talk to a lawyer before you communicate with USCIS – maybe it is not necessary, but I suspect that you should do it. Take care, Jason
Hi Jason,
Thank you so so much for the help.
My court date for the DUI is in September. Should I inform USCIS yet? Like maybe the case is dismissed. According to my lawyer there are a lot of issue with my arrest.
Thanks again for the help,
– Jose
You should ask the lawyer, as your lawyer knows the specifics of the case. If it were my case, and I did not expect a decision from USCIS soon, I would probably wait for the DUI outcome in September and then inform USCIS (hopefully informing them that it is dismissed). Of course, if you get an interview before then, you will have to inform them at that time, but given how slow things are, you will hopefully resolve the DUI before USCIS takes any action. Take care, Jason
Hi Jason,
I’m an asylee & applied I-485 application to register permanent residence or adjust status at National Benefit Center in April 2021 and my finger print appointments were taken. I also have Valid EAD Card until February 2022. I came to my husband’s country last month ( in Europe) with my valid Refugee Travel Document. Valid until August 24 2021. We will be having a religious wedding in Italy on August 7th. The point is there is still restrictions between US and Italy. If I come back to U.S 2-3 days before my RTD expiration date (something like August 22nd 2021) it will be a problem or they would allow me to go back to US? I don’t know how long it will take to get my green card I am willing to go back to US and wait until I receive. But My big worry is if by the time after my wedding day which is August 8th if there is still Travel ban (Presidential Proclamation 10143) between US and Europe, I might need to go to Mexico stay 14 days and quarantine myself then enter US. (I spoke to consulate and CBP they told me that I can return to US going to Mexico or other unrestricted countries and stay 14 days and I can enter US. ) It will be my happy day but on the other side I am just trying to prepare my options and to be ready to be in US before my RTD expires. I am just kind of scared I waited so long almost 6 years backlog and finally I have I-485 Pending application. I need to be patient and get approved for my GC. But on the other side there is this wedding is happening still do not know Travel ban is will be remained until that time. I really need your advice. What do you think? I know that you might not know if the travel ban is still be remained between Schengen area and US until August. God forbit if I need to go to Mexico after MY WEDDING DAY 14 days stay there and it will be August 22-23. 2 days before my RTD Expiration date. I would appreciate it if you give me some advices.
Thank you very much
Unfortunately, I do not know the state of travel bans between different countries. Also, no one knows how things will be in August. I think you are cutting it very close with the RTD and not giving yourself enough time in case something goes wrong. It seems to me, if you could, you would be better off either delaying the wedding until you get a new RTD or moving it sooner so you have time in case there is a problem. I also do not know what will happen if you cannot return before the RTD expires. My guess (and it is a guess) is that you will not be able to use it to board a plane or travel, but that if you get to the US border (or airport), they will let you back in, even if the RTD is expired. Maybe talk to the US embassy in Italy about that, or maybe see if you can have a lawyer look into this. Again, even though I suspect they will let you back into the US with an expired RTD, I don’t know for sure, and I think at a minimum, if you stick with your travel plans, you should try to find an answer to this question. Take care, Jason
receive an ASC appointment notice for pending asylum. I have no valid photo ID in my possession. The only document I have is a photocopy of my passport. The original passport is with my ICE-ERO officer. Will my biometric be collected?
Secondly, I’m in Virginia and my appointment was scheduled in Laredo, TX. Can I walk into any nearby ASC in my area on the appointment date or I need to call USCIS and change the location?
They take biometrics for all asylum seekers. I think you have to bring whatever documents you have, including the photocopy, and they should take your biometrics. I think you can no longer walk in – that was stopped during Covid (or maybe even before Covid), and I have not heard that it has resumed. If you cannot attend the appointment, there should be info on the biometric letter about how to postpone. Maybe you can tell them that you are in VA and see if the appointment can be moved. Also, you need to file a change of address form, AR-11, which you can do online at http://www.uscis.gov. If your case is in Immigration Court, you also need to inform the court and file a form EOIR-33 (which you can Google). Hopefully, you have a lawyer to help with this, as missing the biometric appointment could affect your asylum case and could also prevent you from getting a work permit. Take care, Jason
Thank you for your quick reply
I already file a change of address. I also have a USCIS account and my address in on it.
I wrote a letter to the Chicago office that my mother who lives in Canada had heart surgery and I haven’t seen her for 4 years. I’ve also enclosed all medical reports. They replied back in October 2020 with a letter saying I’m on the waiting list.
You might also consider Advance Parole, which can allow you to travel to see her (assuming you have a passport and a visa to Canada) and then return to the US. I wrote about that on September 11, 2017. Take care, Jason
Hi Jason,
I have a case in Dallas Immigration Court. I am not detained. I moved to State College, PA (zip code:16803). I checked the immigration courts in PA and two Immigration courts, Philadelphia and York, established in the PA.
Where can I check which immigration court has jurisdiction over State College, PA?
As far as I know, there is no way to check online. I think that all (or maybe most) immigration court cases in Pittsburgh are actually heard remotely by judges in Philly (why this is, I do not know). If so, your case will be heard in Philly regardless. Maybe you can call the court to ask them about their jurisdiction – you can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hello Jason,
Thank you as always for your invaluable work for the asylum seekers community,
I got asylum granted in 2018 and got I-730 approved for my husband in April 2019, but then due to some circumstances he missed a master hearing he had with EOIR and the judge ordered his removal in absentia. (Also I haven’t adjusted my own status to a green card).
Now a lawyer says that he can try to apply for adjustment of status as an asylee and see if it gets approved, do you think it’s true? Doesn’t the removal order make him inadmissible?
Thank you very much in advance if you have time to answer this.
In any case, have a great day.
I have not researched this question, and I am not 100% sure, but I think he needs to reopen the court case and get rid of the removal order. One issue is whether the I-730 has expired. A person who wins asylum must file the I-730 within two years of winning asylum, but I do not know whether that approved I-730 ever expires (I think it does not). If it is still good, maybe that can be used as a basis to reopen. You can file an I-130 for him now, but since you only have a GC (and are not a US citizen), he probably has to leave the US to take advantage of that, and if he leaves, he is probably barred from returning for 10 years. Given the new PD memo (discussed in the above article), now may be a good time to try to reopen the Immigration Court case. If the I-730 is still valid, that may be the best path, but talk to the lawyer and see what the lawyer says. Maybe it is possible to get asylum based on the I-730, but I think your husband probably needs to reopen the court case first. Take care, Jason
https://www.npr.org/2021/04/19/988789487/immigration-agencies-ordered-not-to-use-term-illegal-alien-under-new-biden-poli
Hi Jason.
I been is Usa for 6 years. My case is still pending in Appeal court. In the mean time last year i left the country and went back home to take my wife because she was in danger.
Now we both are here in Usa and we have a month old daughter.
B.patent got me and send me to ice. Ice released me after a week and told me to appear in front of ice officer again next week.
My questions are: is it gonna be any trouble now when i go to NY in front of officer? I don’t have any criminal past or nothing. Only one speeding ticket which I payed right next day. I’m truck driver and now my wife and my daughter is here( daughter is us citizen) . What should i do ?!
Thank you . God bless you..
Probably you should have a lawyer help you, as I am not familiar with your case and do not know. Normally, if they want to detain you, they do that immediately and do not let you go. So most likely, they will not detain you when you go to the check in. Even so, make sure your wife has all your info (especially your Alien number). If you are detained for some reason, it will be helpful for her to have that info to give to a lawyer. Otherwise, you need to decide how you can best stay here and it would be helpful to talk to a lawyer about that – especially since there are new rules allowing DHS (the prosecutor) to potentially allow certain people to remain in the US and not be deported (I wrote about that last week). Take care, Jason
Dear L.F
How did you leave the country? and what is your home country? Did you fly or you drove , please help me it is 8 year I’m in US my wife and my two kids back in my own country my wife she is sick and I don’t know how to meet them or bring them here .
Thanks
Maybe you could meet them in a third country using Advance Parole to return to the US? I wrote about AP on September 11, 2017. Take care, Jason
My case is with immigration court do they will approve my AP? And where I can apply to court or to USCIS?
Regards
AP is designed for people in court. Whether they would agree to AP in your case depends on the facts (and whether you want AP). It seems that it will take DHS at least a few weeks to implement the new memo, and so you may not be able to request AP just yet. If you have an attorney, the attorney should with this. If not, maybe you can call DHS and talk to the “duty attorney” or the receptionist to see how to request AP. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. Take care, Jason
Dear Jason
Many times I ask my attorney he says cases in court not illegible for AP, so can I hire you to do this for me?
Regards
If you have a court case, you generally cannot get AP (one possible exception is for people with TPS). If you leave the US while in court – even with AP – it is considered a self deportation and you likely will not get back to the U.S. If your case is before the asylum office, you generally can apply for AP – I wrote about that on September 11, 2017. Take care, Jason
Dear Jason in you other massage you said AP is designed for court cases and now you say court cases generally can’t apply for AP? And what is TPS?
Regards
AP is not for people in court. If they have Temporary Protected Status (TPS), some people have used AP to travel while they have the court case pending, and they have been able to return, but I do not think that is a good idea, and I think there is a risk that even people with TPS and AP will be denied re-entry if they have a pending court case. Take care, Jason
Hi Jason,
After 6 years of waiting for my asylum interview, today I checked the USCIS online status check tool and have seen this: We have scheduled your interview. You will receive an interview notice. Please read and follow all instructions on your interview notice carefully.
I’m nervous and still can’t believe it! Do you think the notice will take longer to arrive in the mail? My asylum case has been pending at the Chicago office.
It’s really unexpected. Is there any action from your side ?
If you don’t receive it in a week, maybe email the asylum office to inquire. You can find their email if you follow the link under Resources called Asylum Office Locator. Good luck with the interview, Jason
It seems to me that the actions of the US Immigration Service have long been a separate form of torture. Many of us have been waiting for an interview for 5-6 years without being able to meet with our family. Why can’t the new government unfold the line? This does not require congressional approval.
There are many things that could be done to reduce the backlog, but the basic problem is too many cases and not enough resources to adjudicate those cases. The Biden Administration is taking various actions related to immigration, and has asked for more money to do these cases. We will see what happens, but at least they seem to be trying, and so we can have some hope for progress. Take care, Jason
Hello Mr. Jason
My hearing court date was on July 21/21 in NYC but today I got a letter from court that they rescheduled it on Oct 5/ 22 , is this happened in all cities because of COVID or in some cities ? And do you have any Client same satiation like me and what is the solution?
Thanks
It happens frequently, though I think it is happening less often than it did during the height of the pandemic. It also happened sometimes before the pandemic. You can try to file a motion (a formal request) to get a sooner court date. Such motion work sometimes, and other times they do not. I wrote about this on April 20, 2017. Take care, Jason
Dear Jason thanks for your reply , my lawyer send one motion on 2018 judge denied it then second motion sent on 2019 judge denied them I had no choice and wait for court date which was on July /2021 but court rescheduled it on Oct/2022 , so do you think judge will approve the third motion ? Or as per your experience do you know which city I can transfer my case to get an earlier date ? Please help
Regards
I don’t know, but if the judge denied two motions, I guess it is not likely that a third motion will be granted. Of course, I do not know the circumstances of the motions, and so maybe it is worth a try. Your lawyer would know better. As for transferring the case, some courts are faster than others, but I doubt you could transfer a case to a court and get a hearing before October 2022 – it takes time to move the case and then get you on the schedule in the new court (and also, this would require you to move to a new home). Take care, Jason
Dear Jason , the circumstance we attached letter I got from my home country hospital confirming my wife health condition is bad one letter I got in 2018 we attached with motion and second letter I got 2019 we attached with motion but both not approved . So what do you suggest and which circumstance can be approve by judge ?
Thanks
I do not know the case, but if the reason to expedite is based on your wife’s health, I think that will have to be type of evidence you get. It may simply be that your judge will not expedite a case – some judges will not. Maybe if you can submit a more compelling argument to expedite, or maybe if you just get lucky, the judge will expedite. I also wrote about expediting (at the Asylum Office) on March 30, 2017 – maybe the guidance there will be useful for the types of evidence needed to expedite. Good luck, Jason
Hi Jason,
Hope all is well. I had my affirmative asylum interview at Arlington office at the end of March, but no news yet. I’m aware some folks have waited longer and also others who have received their decisions. I emailed the Arlington office to inquire and they did not respond to my email (still haven’t) in over a month. What do you suggest I do? Email again or? Thanks.
Email again. They respond most of the time, but not all the time. It seems that they are very slow to issue decisions these days, so you are not alone. Take care, Jason
Ahmad, would you please share which office your interview was scheduled? Mine was in Houston and I have not received decision.
Dear Jason,
Is there any change in the rate of interview in Virginia?
It’s hard to say. It seems like I am getting some more interviews, but on the other hand, when I am there, it seems pretty empty. So overall, I am not sure. We may get some data about that in the coming months, and if so, I will try to post about that. Take care, Jason