It’s summer and I’m feeling lazy. So instead of a regular post, I thought I’d share a few of my favorite songs related to asylum and/or immigration.
This first song involves one of my favorite musical groups of all time, the Clancy Brothers. The song is based on some letters discovered in a house in Washington, DC. It’s about an immigrant from Ireland to the U.S. in the Nineteenth Century. Warning: This is one of the saddest and most sentimental songs I know (but you have to pay attention to the words):
Here’s another sad one by Woodie Guthrie. It commemorates a plane crash in 1948 that killed 32 people, most of whom were migrant farm workers. It’s called Deportee (Plane Wreck at Los Gatos). This version is by Joan Baez and friends:
Let’s end on a happier note. This is probably my favorite song for immigrants. It’s also one of the great American anthems: This Land Is Your Land by Woodie Guthrie. I particularly like this version, led by Pete Seeger at President Obama’s first inauguration. It reminds us of who we aspire to be. I know you know this one, so sing along:
Happy Summer!
Hi Jason, I got my asylum interview 4 years ago at Chicago office and still waiting for the decision. My question to you, is it anything that I can do at least to know what is going on.
Thank you in advance for your help
I did a post with some ideas on June 2, 2021 and that has some links that might help. Take care, Jason
Hi Jason,
Can the USCIS ever not make a decision on i-130 Petition after waiting roughly for 12 months ?
I am a US Citizen filed for my parents outside the United States. We have been waiting for more than 8 months at Nebraska, no decision yet, then we filed out side processing time “USCIS Service Request” then there was no response at all. I have heard that the approval takes within 5-9 months, still no reply yet. May I know if i have to wait until 12 months elapses?
Please advise what options are available for me before my I-130 process takes 12 months time?
Thank you for your time.
You can check processing times at http://www.uscis.gov, but some cases take longer than the time listed. There is no upper limit to the length of time it takes, but I would guess that most such cases are processed within 12 or 14 months. Another option for delayed cases is to contact the USCIS Ombudsman (a link is under Resources). They can sometimes help with delayed cases and it is free. If that fails, you might consider a mandamus lawsuit, but my guess is that your case is just moving slowly, like most cases at USCIS – the agency is a real mess. Eventually, and hopefully soon, you should get a decision. Take care, Jason
Wow, today I got rejected from a job, because the employer didn’t have time to verify my EAD (expired)+receipt from USCIS. They said it wasn’t my fault, but I feel like this is discrimination against me, because they wanted people with the valid US passports.
Should I try to use their “rejection email” to expedite my new EAD processing? It’s been almost 6 month since they received my application… and sue their company meanwhile. And then sue USCIS for holding back my career while I’m waiting for the interview *hysterical emoji*
I wrote about expediting with USCIS on January 29, 2020 – maybe that would help, but it is not so easy to expedite when you are in the middle of the process. As for suing, that is up to you. At least with USCIS, maybe if more people would sue them, they would shape up. Take care, Jason
@still waiting
Good luck suing the USCIS but when you get rejected and they deport you to your country don’t cry like a baby!! Suing them when you still waiting for decision is never a good idea and i saw 2 person that and got denied in the interview it’s only good when you’re waiting for a decision or GC when the decision is already made but stuck in the background check but suing them for interview you still under their control and they punish you hard for that by denying you then see you at the removal proceedings court and have fun
I want to follow up on this. This has always been my worry… a mandamus lawsuit or expedite or any other such kind of un-orderly attempt…could that result in harsher and/or treatment from the immigration agency ? or a more stringent judge or ? …
I have seen one case that was denied after a mandamus, and the denial seemed suspicious to me. I also just had a case that was approved after a mandamus. My sense is that a mandamus would generally not affect the result. One exception would be where they cannot complete the security background check and in that case, they might deny asylum (since they cannot approve). Take care, Jason
Wow…all these are so wild…
I’m a woman, I cry whenever I want to. So stop shaming people for crying. Right now I cry mostly because of anxiety. If USCIS sends me to court, at least I will know the court date! It’s better than hanging in limbo. It would take them up to 10 years to deport me with the courts and appeals.
@still waiting
Who said if you moved to the court that the case will be quicker? The courts takes longer time and more expensive and more stressful!
When you said it will take 10 years to deport me i can feel obviously you have no confidence in your case and obviously it’s so weak case without even knowing any details! I remember my attorney when she told me you will do great at the interview because i was confident and you’re saying your story not a made up story and i knew well i have no options but to get asylum cause if I return back i swear to god i will lose my life but with you looks like it’s fragile case and for your knowledge the deportation process takes way less time now maybe at max 4-5 years especially after the BIA refuse to grant the asylum most of the attorneys won’t take the case as they know it’s 5% chance so you better send them emails to USCIS and try to expedite better than crying on your own or suing them
I didn’t ask your opinion on my case. You’re not an immigration lawyer or asylum officer, or a judge. People could have strong cases and still could be referred to the court, Jason wrote about it. US won’t deport me straight to my country, don’t worry. There’re other better countries in the world.
@Asylum Granted- What in the world are you talking about?
You think everyone who has a strong asylum case wins ?
Because you were granted asylum, you can now come here and express your insensitivity, and lack of empathy?
Have you not seen some of Jason’s post here about cases that were denied at the asylum office, and granted within a very short hearing in court?
What a display of arrogance!!!! Who cares what your attorney told you!!!
Asylum Granted, what is your beef with Still Waiting? With all due respect, I think you should quaff a flagon of “relax” if you can!
Aside from the fact that very strong cases get sent to court- and the converse is also true (as in, weak cases get approved at the asylum office, too)- every asylum applicant’s sense of insecurity/uncertainty, especially after waiting for years because your case was unjustifiably and unfairly thrown in a backlog, is justified.
Furthermore, it seems to me that you are conveniently forgetting that the protracted pendency (redundancy?) of an asylum application does have “real-world” consequences. Many asylum applicants have not seen their families for years because there is no decision on their case. Some also have ailing family members whom they are unable to see. And, because USCIS has a heart of stone, or they sadistically enjoy inflicting emotional pain on asylum applicants, they refuse to facilitate such extenuating reasons for wanting to travel.
In addition, asylum applicants have to find almost $500 every 2 years for an employment authorization document that they may or may not get on time. If you are not one of the lucky asylum applicants who gets to jump the line as a result of LIFO, I am sure you can understand how stressful it can be waiting for an EAD because your continued employment with your employer depends on it. Plus, they have to struggle with their state DMVs in securing a state ID/license so they can identify themselves or feel like they belong here.
Furthermore, it’s reasonable to expect asylum applicants, or any human being for that matter, to not feel motivated to build wealth or improve themselves academically, which can sometimes prove very difficult to do with just a pending asylum status, because of so much uncertainty and the possibility of having to leave behind all of what you’ve worked hard to accomplish or build.
As well, contrary to what you believe, feeling insecure about not being granted asylum could be a sign that the applicant has a bona fide asylum application with USCIS/EOIR. I suspect that most genuine asylum applicants are terrified about the thought of being sent back to their COP. On the other hand, being nonchalant about the delay, to me, could be a sign that your asylum case is frivolous and used to delay your removal from the U.S.
But, what the heck do I know?!!!
I think they do not punish people who file mandamus lawsuits, though that is not entirely clear to me. I did just have a case expedited based on mandamus and that case was approved. Take care, Jason
Pardon me for asking @Still Waiting. Was it a prospective job, or one you have been at?
@TINA
It was a prospective job, 2 days, contractor type. I know that many jobs prefer to hire the citizens, but it was the first time they said that so openly. And it wasn’t in their job requirements .
I am so sorry. I totally understand how you feel.
If you have suffered rejection like me, things like this make you feel the entire world is against you.
I think you can call USCIS and politely tell them about the missed opportunity.
Also, I do not think suing USCIS would affect your case one way or the other. I may be wrong.
Jawid sued and still won his/her case.
The question is, do you have the emotional strength for that?
I used to pour out my heart and send to USCIS.
In retrospect, I must have come across as stark raving mad to some.
Well, I am unashamed to be seen as stark raving mad, because that is the world of most US asylum seekers. You go from hope, to uncertainty, to total despair, to stark raving insanity, and then one day, Granted! Hope Springs up again, but the psychological damage doesn’t get reversed.
Let me encourage you.. It is okay to cry!
Hopefully, your case will be resolved soon.
Good luck!
@Tina thank you for your encouraging words! It means a lot! I’m just becoming an average Californian person, who sues everyone left and right lol. One of my jobs hasn’t paid me for my work and it’s been 6 months already. I filed a claim with labor board recently despite some people telling me to let it go. Just don’t won’t be a pushover anymore. I pay taxes in this country, I spent my best years on this country.
Hi Jason!
I am filing for my green card based on asylum, but I am really confused about this question “Have you ever been a member of, involved in, or in any associated with any organization, association, fund, foundation, party, club, society, or similar group in the United States or in any other location in the world including any military service?”
1) I have membership in Sam’s Club
2) I got my asylum based on Membership in particular social group (Female genital mutilation in my ethnic group)
So based on those information should I answer yes to that question and include those 2 membership or the question is not about. I am completely confused. Please advise
I do not think either of these is the type of group they are talking about (maybe Sam’s Club is, but I would probably not include that). Check your I-589 form and look what you wrote there for the questions about organizations. You should make sure your I-485 is consistent with what you said on the I-589 and in the asylum case. Take care, Jason
Hi Jason,
Thank you for all you do. I am an LPR through asylum status and I have my Naturalization interview next month: I have a misdemeanor citation on my background which I recieved even before my asylum interview. It was selling Liqor to a minor (employee), long story short I mistakenly sold Liqor to an underage working at a Liqor store so I was cited and it also triggered my interview for GC and i had my interview when my GC was approved and back then the officer asked me about how it happen etc etc. Now I am trying to see if that would deny my case as a GMC ( good moral ) or will it not make an effect in my N400? Also this ticket was paid back then some 9 years ago! Thank you
These things should have no effect on eligibility for citizenship, as long as you checked the appropriate boxes on the N-400 (about the criminal history and arrest, if you were arrested). Also, you should have a copy of the disposition (the final outcome of the criminal case) that you sent with your N-400 or bring with you to the interview. If you have a traffic ticket that is not criminal, you should not need that (but if you have it, bring it anyway, just in case). Take care, Jason
Is it possible to have bipartisan support for asylum seekers ? I am a little tired of predicting and studying how the elections will go and who I should support, and what consequences a certain person getting elected will change the landscape of mine…and … have to time it ?
But more so, I feel that I am deprived of … democracy…it feels like I can only choose one (which means there is not actually a choice, which is more like dictatorship)…Is it possible that when it comes to asylum issues, I don’t feel like there is only one party that I could possibly rely on ? I took your advice very seriously and have been really thinking about how to change private citizens’ attitude, but recent experiments of mine have been unsuccessful, it seems many natives don’t have a positive attitude towards asylum seekers and this is the younger generation. I am VERY concerned that this animosity may soon be reflected in the governmental level…And I am worried that my continued advocacy will generate more backlash…thus energize the anti-asylum base… and they may reclaim the governmental institutions soon…which is not what I want.
So I guess my question is…Is it worth it for me to exert this direction of endeavor ? In trying to garner bipartisan support for asylum issues, so that asylum seekers don’t have to time their … interview or applications…Does it have potential to bear fruit ? or…is it a waste of time and energy, and I should steward resources to solidify the Democratic support for asylum seekers…promote Democratic values…in an “as long as Democrats are in power, we are fine” attitude ? Cause I am worried…it’s not gonna always be democrats in power … right, or should I concede the fact that Republicans will be in power some day ? I don’t want to feel upside and down and upside and down repeatedly….
Trump and Barr have effectively reshaped the asylum system. So, I am concerned of a return of the last administration…I don’t want to feel that way…Is there anything, ANYTHING I can do, in my power, to contribute to the diminishing/removal of that possibility ?
We all have limited power in this regard, but I do think telling your own story can help to change minds. Asylum was a much more bipartisan issue in the past, and maybe it could be again. Indeed, many anti-immigrant people are passionate about supporting the immigrants they know. They just don’t like those “other” immigrants who they do not know. For this reason, I think personal stories and interactions can change minds, at least to some extent. I wrote more about this on June 25, 2020 if you are interested. Take care, Jason
” Indeed, many anti-immigrant people are passionate about supporting the immigrants they know. ”
Jason, this is so true! I have a spiritual relationship with many hard core conservatives, and believe many of them genuinely want me here.
That’s interesting 🙂
I did a post on September 3, 2015 with my favorite story on this point, but unfortunately, people often seem unable to see beyond their immediate circle. It’s like how Dick Chaney supported gay people because he had a lesbian daughter. He seemed to miss the point that every lesbian is somebodies daughter. Take care, Jason
Thanks Jason & Tina for weighing in 🙂 and the insights.
I guess for me, my own personal trait is a bit controversial, a point of contention…which makes such effort less likely to succeed than say…binding with common religious beliefs, I am thinking maybe I can develop some hobbies that are of … wide popularity and then connect with other people. But that’s great insight. the American citizens who are with my trait are already largely aligned with me…My next project is gonna be how to penetrate mainstream Americans and I am gonna devise good strategies about that…I will do whatever I can to protect the asylum community and another community that shares my traits…
I do agree that sharing your story can possibly change minds. However, we seem to forget that many asylum seekers don’t want to become broken records/having to prove, over and over again, the veracity of their asylum claims, or why they should be allowed to stay here. In fact, many asylum seekers/asylees would prefer to burry/do away with their stories and traumatic experiences for fear of being stalked/ haunted by them. To me, it is unreasonable to give asylum seekers- an already oppressed, persecuted, and depressed group- the responsibility of trying to change xenophobic attitudes. I remember how drained and depressed I was when I had to do mock interviews with my lawyers- which required recalling and retrieving very traumatic events- leading up to the actual interview. On top of that, and the actual asylum interview, I had to deal with a new administration that was hell-bent on denying me my right to seek asylum/get asylum. It felt like running a marathon and feeling like you are about to have a heat stroke, but can’t just can’t reach the finish line!
In any event, saying that we should feel proud of the Americans who seemingly welcome immigrants they know but shun the ones they don’t is like, for example, praising a homophobic parent who shows support for his/her own LGBTQ kids/LGBTQ people they know but shun other LGBTQ kids or people. Or an anti-Semite who welcomes members of his/her local Jewish community but hates Jews who are not from that community. People will always be disgusting!
Thanks Jamie for the insight, that’s interesting.
I don’t think asylees are obliged to tell their stories, but I do think that they can tell those stories better than most and be very convincing. In a perfect world, such advocacy would not be necessary, but given how things are, I do think such advocacy can be effective (we are seeing it in our lobbying efforts, where the asylum seekers themselves are the most effective at communicating with staff people in Congress). While not everyone can tell their stories due to trauma or for privacy reasons, for those who can, there are opportunities to help improve the situation for all asylum seekers. Take care, Jason
Jason, I agree with you about asylum applicants telling their stories- if they want to.
Hi,
I applied for asylum few months ago, I didn’t get any documents yet like receipt.
I want to flight to another state, can I do that without any problem?
My home country passport is still valid with a student visa,but I94 is expired.
Thank you so much for your help.
It should only take a month or maybe two to get the receipt, so something may be wrong. Unfortunately, it is difficult to follow up to check whether your case was received. Sometimes, you can email your local asylum office to ask them – you can find their email if you follow the link under Resources called Asylum Office Locator. In terms of flying, you might check with the airline. If you are still in valid non-immigrant status, there should be no problem, but if you have no status and no asylum receipt, you might want to be careful and check with the airline before you fly. Take care, Jason
Hi Jason, hope you doing well. I have one question I have sent my renewal EAD last May 27th but still I didn’t get any receipt from USCIS. And unfortunately I lost my tracking number so I can’t even check. Is there any way that I can check my renewal EAD status? Let me know please. My EAD expired at this month.
If you paid the filing fee by check, you can get a copy of the check from your bank. On the back of the check, USCIS should have stamped a receipt number, which you can check online at http://www.uscis.gov. If that did not happen, maybe you can call USCIS at 800-375-5283 and see if you can reach a person. If you have your Alien number, maybe they can give you some info. Take care, Jason
Lovely songs! Thanks for posting. I did not know the firs two, and the second one is truly touching.
The first one is not so well known, I think, but I am a big fan of Irish music. Take care, Jason
Hello Jason
I applied to renew my work permit and my work permit expired on feb 20 and they received my renewal application on feb 22 does this affect my renewal process? Thanks
If you file for a new EAD after your EAD expires, you do not get the automatic extension. I am not sure whether the receipt will show this, or whether anyone will know, and so you may get the automatic extension even though you filed after the old EAD expired – check to see what the receipt says. Technically, though, you only get the automatic extension if you file for the new EAD before the old EAD expires. Take care, Jason
Hey Jason,
Is the 1-year bar for asylum still applied for those who applied for asylum in 2015?
I have applied after 1 year but I have not interviewed yet. I was in status when I applied for asylum.
Look forward to hear from you.
Thanks.
Suraj.
May I ask what status you were/are in, and what’s your basis for filing the asylum application ?
what’s wrong with you asylum seeker????? You are so annoying…why do you have to jump into every single post on this forum and ask people personal questions about their cases….
☺
Yes ?
Please read my question closely…It’s a yes/no question…
Why have you made it your job to ask every person about details of their case……..I have read your comments and read details of your case…..Just because you changed your sex you have somehow deluded yourself into thinking that yours is the only valid case (Somehow your home country is coming after you just because you had a sex change) and you keep hounding other people…….Try convincing USCIS of your story…I bet they will be fascinated by it……….
Lat jason answer his question first before you feel the need to interrogate SURAJ……..
Uh…that’s a lot of questions there…Sex change is a pretty radical idea…I don’t know if anybody would do that actually…but like I said…I only asked a yes/no question
And there are 2 answers. If the person answers yes, then it means “I may ask him about his details”, then I will follow up. If the person says no, then it means the person doesn’t want me to ask, then I will stop…is there anything wrong with it ?
Part of the reason I want to ask is that I want to find some fellow asylum friends so we can hang out. It’s a very lonely place to be as an asylum seeker. But if that person declines, then I will not continue to ask…does that answer your question ?
I have read your old posts and comments…..Yes I am sure you want to hang out with people when I clearly remember that in one of your old comments you failed to even mention your home country when somebody else asked you about it….. I am sure that’s your motivation for asking people about their case details….
Let me ask you the same question…..Which country are you from?????? what is the basis of your asylum case??????who is persecuting you…..why are you claiming asylum from the U.S government….
Are you comfortable in sharing these details with us…I bet NO…….
I guess that particular person should ask in a fashion like I do
First, that person should ask “May I ask” + the question that person actually want to ask me…
Then, I will provide a yes/no answer.
If it’s a yes, then, that person gets my consent to continue to ask.
If it’s a no, then that person should discontinue the inquiry.
I used to not add the “May I ask”…but now I do whenever possible…it’s like knock the door, first knock, and then get consent, and then come in…Don’t just bust in…
So I guess I am saying I want other people to also learn to add “may I ask” before they actually ask…
I agree with you to some extent but try to have some patience….other people come on this forum to seek help regarding their problems and seek answers to their questions but somehow you are in a real hurry to dig into their personal details when you yourself have refused to provide your own details………….. May be I overreacted but this kind of behavior from you is getting really annoying lately….I used to visit this forum very frequently…now every time I come here I see some ridiculous post or question from you…..
@JIML. You did not overreact. “Asylum seeker” would not even disclose the state he is at, but he keeps asking people personal questions.
I bet this guy/lady/neutral/”Asylum Seeker” just trolls on this blog, and
I mean I first asked “may I ask”…
Tina,
That’s right ……..I have been on this forum for six years now….I have always asked questions related to my own case and never really bothered about other people’s case details……I am from a middle eastern muslim country ….my interview is also pending for 6 years just like many of us……But I have never really cared about what other people’s case details are or if people from India or china commit fraud….I don’t care a bout that……During the last six years I spent time and effort on my own asylum case and now I have gathered strong evidence…..
I don’t know what’s wrong with this asylum seeker…..I used to really like this forum…Now every single post is getting spammed with ridiculous and silly questions…….I don’t know why Asylum Seeker has so much free time that he needs to meddle in every single post/comment by other people…………May be he needs to find a hobby or something……….
BTW I still apologize, My sex change comments were out of line and not appropriate…….
Curiosity kills the cat…
The one year bar is for people who did not file for asylum within one year of their last arrival in the US. So if you filed within one year of arriving here, you are fine. I wrote about the bar and some exceptions on January 18, 2018. Take care, Jason
Jason,
What is a reasonable timeframe for the Writ of Mandamus?
Asylum granted: April 2019
I-485 filed: April 2020
Current status: fingerprints were taken
I’m thinking about the end of 2021. It will put me around 1.5 years since filing the I-485 form.
Hey MN is your application of greencard in texas service center?
I think for an I-485 that this is too soon. Unfortunately, the “normal” processing time is very slow – you can check at http://www.uscis.gov. I do not know whether a mandamus will work while the case is still within the posted processing time – maybe talk to a lawyer who does mandamus cases and see if the lawyer thinks this is possible. Take care, Jason
Hi everyone,
Just sharing my timeline of asylum application.
But before that I want to say a big thank you to Jason Dzubow. Had I not have him as my lawyer, I would have made huge mistakes in my genuine case. So thank you so much Jason.
Timeline:
Arrival to USA: January 2016.
Applied for Asylum: April 2016
2018-2020: Multiple attempts through congressman and senator. No outcome.
Filed a Mandamus*: Dec- 2020 (Mandamus was filed through another lawyer, Jason doesn’t practice it.)
Interview conducted: April 2021
Asylum granted: July 2021
*Mandamus was costly. Still Ubering to cover the cost 🙂
Thanks,
Hi Jawid,
Thank you for sharing your timeline, congratulations!
Would you mind which lawyer you worked with filing Mandamus and how much it cost?
Asylum Seeker,
It cost me $6500. I had Mr. Hassan from HMA Law. Thanks.
@Asylum Seeker,
Are you planning on filing a Mandamus law suit?
If so, Jawid just provided you the information you need.
Congratulationas! Can you please give me the details about “Mandamus”. My asylum application also pending 2016 to till now. You know it really frustrating. So please help us about your procedure. Thanks
We did a post about mandamus on October 2, 2018 – maybe that would be of interest. Take care, Jason
Aish,
I think Jason’s article about Mandamus is the best source for information. Basically I read it too and decided. I did have a consultation with my mandamus lawyer too.
Read Jason’s article and consult a lawyer to see what are you chances of winning a mandamus. It is not always a win. In my case it was 5 years, multiple attempts through congressman and senator. trying to put on short list. having mental health issues, lose of opportunities educational and job opportunities, Family lose. Again consult a lawyer.
Thanks,
Hi Jawid,
CONGRATULATIONS!
I am so happy for you.
Thank you so much Tina.
Congratulations! It is well deserved. I will have to email you this too, but I did a post on May 16, 2018 about what happens after asylum is granted, and that may be of interest. Take care, Jason
hi jason i have appointed lawyer for my case for 6500 but the lawyer is very bad he doesnt return calls and answer properly . I have call him twice he said he will call me back but one month passed but nthg ..can i go ahead and expedite request on my own and file a motion following uscis guidelines or is it compulsion to use lawyer ?
The lawyer is required to communicate with you, and so failure to do that is a problem. You might mention to the lawyer that they have a duty to communicate – maybe that will cause the lawyer to shape up (you can also threaten a bar complaint, but that may ruin the relationship). I would not expedite the case without informing the lawyer. If the case is not done or ready to go, expediting can cause you to lose. I think you need to sort things out with the lawyer or find a new lawyer. Take care, Jason
I’m a asylum seeker & been in the Country for 8 years . Never left . I want to Import into US. Can a legal alien with substantial presence import into US ?
I am not sure what you mean. Importing products into the US is not related to immigration status, as far as I know (and assuming you are legal to work). Take care, Jason
Hello Jason
I am a green card holder and in 3 months I am eligible to apply for naturalization. When I applied to register as PR my application was put on hold for three years because of TRIG and eventually IRS asked me to provide clarification on certain issues related to my asylum application. After submitting the reply within a month, I got my green card. Do you think I may face similar problem when I submit my application for naturalization? Do you know of any individual whose green card was put on hold because of TRIG and later became a naturalized citizen?
What’s the relationship between the IRS and Trig???? Do you mean USCIS?
My apologies…I meant to say INS
Jaya,
I hope this problem should not be raised as you have already gone through two stages. May I ask if they raised the TRIG questions during your asylum interview? How long did it take to get a decision on your asylum case? What was the relationship of IRS with your case?
I do not know specifically about how USCIS reviews TRIG cases at the GC stage vs. the naturalization stage, but hopefully since they issued the GC, you will not have a difficult time with citizenship. Of the very few cases I know about this, people seems to be stuck at the GC stage. However, I can’t think of a case where a person with a TRIG issue got the GC and then citizenship. The cases know got stuck at the GC stage. Hopefully, since the issue was cleared up, you can naturalize, but you should certainly be prepared to present again evidence and testimony on this point. Take care, Jason
Thanks Jason for your prompt reply as usual…
hi Jason
I m Green card holder and I will apply the RTD and also I m planning to stay 4 months outside usa .
is ok to be outside this period of time ?
and also did the DHS consider that I made a home outside of us ?
keep in mind I have been outside once in this year it was 21 days .
thank you
Hi Asylee K- I am not Jason. He’ll respond soon. In the meantime, here is what I know about GC holders travelling outside of the U.S.:
According to USCIS, Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If the U.S.
Hi Asylee K- I am not Jason. He’ll respond soon. In the meantime, here is what I know about GC holders traveling outside of the U.S.:
According to USCIS, permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If the U.S. government determines that you never intended to make the U.S. your home, you risk losing the status or placed in removal proceeding. USCIS says that, as a general rule, you should not stay outside of the U.S. for more than a year. Aside from not staying outside of the U.S. for more than a year, the government looks at whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home.
As a side note, you should get a re-entry permanent if you intend to stay outside of the U.S. for more than a year. Otherwise, 4 months outside of the U.S., irrespective of the reason, should be fine.
I would have a valid RTD or re-entry permit if you intend to stay outside the US for 6 months or more. Normally, such a stay should be fine, but with the RTD or Re-entry Permit, you are safe, and so there is nothing to worry about. Take care, Jason
thx jamie I’ll keep in mind
If your RTD is valid, you should have no problem returning. Also, if you are outside the US for less than 6 months, and if you are otherwise mostly in the US, it should not effect your GC. If you are outside the US more than 50% of the time, it could affect your GC and your ability to naturalize. I wrote more about this issue on December 2, 2020. Take care, Jason
thank you so much for the information
Hi Jason,
What is Infrastructure bill? and how pending asylum can get benefits from it? is there any kind of amnesty included in the bill?
Thank you.
Sometimes, people in Congress try to tack certain rules onto unrelated bills to try to get their rules passed. Maybe that will happen with the infrastructure bill (which is supposed to be about roads and bridges), but I have not heard what is happening, and I would not be very hopeful about a major piece of immigration legislation being tacked on to another bill. Immigration will need its own bill, which so far seems unlikely. Take care, Jason
TPS (up to 2017), DED and farmworkers, Biden better deliver!
Dear Jason,
What portion of the new applicants are being interviews based on LIFO in the Arlington office?
Thanks!
It’s difficult to say because it seems to change month-to-month, but some are definitely being interviewed. I’ve had 4 cases scheduled recently. I think those cases were filed in May, but maybe some were filed in April. Take care, Jason
Hi. I am Asylee. My family came us by applying i730 . They are here since last year. After 1 year time period i applied for them for green card and RTD. My Question is that when we receive RTD, can they travel to 3rrd country before receiving Green Card?
Molly, they absolutely can! The RTD allows them to travel and return to the U.S.
As long as the RTD is valid and they do not miss any USCIS appointment, they should be fine. Take care, Jason
So, in the future, if and when I reach safety, I wish I could do what I can to rescue more people like me from my country of origin…Their situation is so bad and rarely heard of…
If I do this… do I run the risk of being accused of … like human trafficking … assisting/harboring undocumented alien…such ?
It depends on what you mean by “help”. How do you intend to help them? You can become an advocate for them by letting people and organizations know about what they are experiencing/have experienced. Eventually you may reach Human Rights Watch/Amnesty International/Human Rights First/a major U.S. media house/human rights organizations in the U.S., for example. I can’t see how doing things like the aforementioned would cause you to be accused of human trafficking or harboring undocumented people. Are these people here already? We can’t really answer your question without knowing more.
Hmmm…
It depends on what you do – just don’t do anything illegal. Take care, Jason
Sounds good 🙂
Dear Jason
Im about to apply for my GC based on Asylum i have prepared the application !! Waiting for my medical report to come and submit it!
I have 2 question
What supporting documents should i sent with green card application (based on asylum)
What are the fee associated with green card based on asylum?
You have to check the I-485 instructions at http://www.uscis.gov about evidence, as it varies depending on the case. Normally, you need a copy of the asylum approval, passport, birth certificate, 2 passport photos, and the fee, but other things may be needed depending on the case. Also, if you do not have certain items, you may want to explain that (such as passport or birth certificate). The fee is also on that web page, but for most people, it is $1,225, but to know if that is correct for you, you have to check the instructions. Take care, Jason
Hi jason
A quick question please we applied for asylum in 2017 and still waitin for our case to be heard. Is it true that we cannot own a House in USA since we don’t have a green card also is it true that we cannot get a loan from the bank to start a business or buy a house here in the US until and unless we get a green card this is what someone told us.
Lastly on my work permit is going to be expiring in December when do you advise us to start applying for renewal since the pandemic has a huge backlog thank you
Kayra,
I am sure Jason will respond to you..
You can buy a house. It all depends on which bank will agree to finance you.
Do your research, call mortgage officers and be upfront with your immigration status. I will not start with the big banks.Keep calling until you find one that says yes.
Research NACA. It is a not for profit that assists people with low interest and affordable mortgages. They are not very flexible with debt to income ratio(DTI), but if you are willing to go through their stringent process, you will be happy in the end.
Yes, they work with c8, but it has to be valid for a certain amount of time( don’t remember).
As for business loan, I have no idea, but I see no reason you cannot, if you maintain a strong credit profile and history. Again, I will not start with the big banks.
Good luck.
Hey tina
Did you apply for your greencard yet??
I have a question and need a sure answer please do you know if i apply from ohio for my i-489 based on asylum which service office will take my case??? Nebraska or texas? Do you have any 100% sure info?
Hi Asylum Granted-
It’s not yet time for me to file.
Have you tried to see if the information is available on USCIS website? Hopefully, someone else who knows for sure can post the location.
Good luck!
Tina:
Unfortunately I tried to look at the address filing on Uscis website but couldn’t find any info 🙁 some people tell you wont know until you file and they send you receipt I don’t know honestly:(
Going texas service center will be long wait again
Asylum Granted,
If you are living in Ohio, you file USCIS
P.O. Box 21281 Phoenix, AZ 85036, but I suggest should confirm it on USCIS’ filing locations for your state before you send out your application.
Looks like the address is just to send the application but then when they send you receipt it will say either Nebraska or texas but as i know Ohio related to Nebraska center but i just need a confirmation
If you are filing based on approved asylum, you file in one of the lockboxes, depending on where you live. I think you have no control over which office will process the case, but I am not sure. You can see the mailing addresses if you check the I-485 webpage at http://www.uscis.gov and look at Direct Filing Addresses. Take care, Jason
Asylum Granted, unfortunately, you do not have any control over where you asylum-based I-485 ends up. Nobody is able to tell you exactly where the application will be processed, either. This has nothing to do with where you live but more so the sharing of workload between/among the centers. It’s a very common misconception that where you live determines where your GC will ultimately get processed. However, depending on where you live and how you are sending the I-485 application- via FedEx or USPS, for example- the application must be sent to a specific address (you’d need to read the instructions on the I-485 instruction sheet on where exactly to send the application). These addresses are NOT necessarily where the I-485 application gets processed. The addresses are mostly used for the receipt of the applications.
USCIS has recently increased the number of locations that are processing GCs for asylees. However, there is a greater possibility that your case may end up at either TSC or NSC than any other center. There is also a chance that it may end up at the National Benefits Center (NBC).
You may have to call USCIS then, so you don’t send it to the wrong address, or wait for Jason to respond. He may kmow.
I think that is not correct – I have had clients buy houses and get loans, even without permanent status. It may depend on the specific situation, and I think you need to talk to different lenders to learn about whether they can help you. In terms of the work permit, the earliest you can file to renew is 180 days before the old card expires, and I recommend you do that. If you are a member of ASAP or Casa de Maryland (two non-profits), you do not have to pay the $85 for biometrics. You can find links to those organizations in a post I did on September 23, 2020. Take care, Jason
As an Asylum applicant, you can get a mortgage with identical conditions to a US citizen or a permanent resident. That being said, some banks are not familiar with EAD and asylum applicants and might deny it, but other banks might approve it. Ask the bank agent to check with the underwriter person upfront to avoid going deeper in the process. A valid EAD is a must.
I think you can buy a house with a pending asylum. I bought one without any issues. Most bankers care more about your incomes rather than your immigration status
Hi Jason. I wanna know how much you charge to do my green application based on asylum. thanks
It depends on if there are issues or problems with the case, but if I remember correctly, we charge $!500 for most such cases. Take care, Jason
Hey jason
Do you mean $1500 or $500???
For most GC applications, we charge $1,500. Take care, Jason
Hi Jason Thanks so much for replying to my post.
I am working on your advice right now.
What does it mean you charge $1500 on green card application ? Can you tell me if this once the application is approved for asylum. Or is this something I have missed.
Thank you
Kayra
I guess I thought you wanted to know our fee for applying for a GC based on asylum (after asylum is approved) – for a “normal” case, I think that is the fee (but I could be wrong – I am not in the office and don’t have our fee list). Take care, Jason
Hi Jason,
Thanks for sharing these songs.
I had my interview in spring at Arlington asylum office and recently my status went from “Decision is Pending” to “Application is Pending”. Based on reading your blogs, I understand that this could be due to security check taking longer? However, I’m not fully sure. Do you mind sharing what are the main causes for seeing this status (Application is Pending)?
Thanks kindly.
Ahmad,
I had the same situation. After 6 months of the interview, it changed from”decision is pending” into “application is pending”. I do not know the exact reasons but my guess is that is because of the background check. In my case, it took 2.5 years to get approved. Be patient and keep inquiring about your case after every 6 months. I hope it gets resolved sooner!
I have no idea, and I do not know if it has any meaning at all. You can inquire directly with the asylum office by email – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
The country of origin recently sent agents to the U.S. to attempt to do international stalking on U.S. residents. U.S. residents of the same descent of mine that it…Thankfully these stalkers are apprehended and charged…But…this is deeply concerning…
Can the victims of these people…had they been undocumented aliens or non-U.S. residents…be properly classified PSG ?
It also unfortunately shows that … persecutors might follow their way to the U.S. soil…
In this case, a private investigator is also involved…I feel this is VERY serious…Could the U.S. sanction the country of origin ? I am worried no matter where I go…I can’t escape the specter of my country of origin…
There are examples of other countries intervening inside the US. I think the US takes such action seriously, but what specifically they do in each case, I do not know. Take care, Jason
Asylum seeker
Stop lying and spread rumors!! No country in the world dare to send agents to US solid land!!!! If i were the officer and you tell me that i will tell you get the heck out of here! Don’t get me wrong but looks like it’s a fraud case
@Asylee – “No country in the world”???? You are the one who needs to stop spreading lies, stop generalizing answers, and stop accusing people in a fraud unless you have a strong evidence. I am happy that you are not an officer, because, if you were an officer you would make decisions based on your personal feelings rather than evidence and professional judgement. Please, stop it. This place is for helping each other, but not insulting. Please, read below article, I hope it might help. Good luck!
https://www.justice.gov/opa/pr/iranian-intelligence-officials-indicted-kidnapping-conspiracy-charges
There are some examples of this happening. The most famous example is of a Chilean opposition figure who was murdered along with his assistant by a car bomb in 1977. I had an Iranian client where some Iranian agent went to his house, filmed it, and then the footage appeared on Iranian TV. Take care, Jason
I feel like countries like these should be expelled from the world community…in my opinion…
It seems there are only human rights in a few developed countries in Western Europe and North America ?
Maybe, but it depends why they are being targeted. If it is for a political opinion, you can just present the case that way, for example. Take care, Jason
Use this trick if you want to get through the USCIS automated system and talk to an actual person when calling, I just tried it and it works!!
“call in and say “technical support” and then say “technical problem” .. and there you go you are connected to an agent. Sneaky but it took me months to figure out how to get in touch with them.” thanks me later 🙂
Dear Jason
My boyfriend got an approval of his asylum application and will file for green card in several month. We are going to get married (same – sex marriage) soon. Is it possible to adjoin me to his asylum approval? Will I be able to benefit from his asylee status if we get married (given the fact that he got approved several months ago)? I also want to mentioned that I have a pending asylum application as well.
Thank you.
God bless
Congrats
You can only benefit from his asylum approval if you were married at the time the approval was issued. Once he has a GC, he can file a petition for you, but this may require you to leave the US to get the GC (talk to a lawyer to be sure). I wrote something about this issue on August 28, 2018 and September 6, 2018, if you are interested. Take care, Jason
Hello Jason
I am about to file my asylum application in Houston, TX, but have to move to Tennessee in the end of the year. I heard that Trump administration introduced a rule which prevents those people who changed the address / asylum office before applying for a work permit from getting it. Hasn’t this rule been abolished with the arrival of Biden? Thank you.
The rule still exists, but it only affects you if you delay your case. To be safe, I recommend that you have a mailing address that you can receive mail, and do not actually change your address until you have the work permit. Also, it may be that your old address and your new address are at the same asylum office, in which case, there should be no effect if you move. You can find out by following the link under Resources called Asylum Office Locator and entering your old and new zip codes to see if they are the same asylum office. Take care, Jason
Hi jason Ireceive my approval notice after interview before 45 days but stillnot receive my GC is that normal how long take to receive my GC
Hi Kolzar,
I hope you receive your GC soon. Can you please share you timeline and the office for your application? Where you interviewed for asylum based GC? Thank you
Hi Dami Im not asylum. Im reunion relation Idid my interview in denver co
Hi
Can anyone know when USCIS updated the data in the online system for RTD and how many times a month?
I think it is updated only if there is a change. RTDs seem to be taking maybe 5 to 7 months, in general. Take care, Jason
Hi Jason and the community. I have a question, maybe somebody can help me with this situation. I hold US Refugee Travel Document. I would like to move to Germany for 6 months while working remotely. Is this possible?
The purpose of moving to Germany for 6 months is my wife lives in another country and can’t come to the USA to see me because of Visa restriction, I have applied for a Green card and the process is delaying, while I’m waiting for my green card to be approved, so then I can file a form for a family reunion, we meet each other in the third country.
I think that should be fine, as long as you return before the RTD expires. When deciding about returning, keep in mind that Covid restrictions may affect your ability to travel. Take care, Jason
Hello,
I hope summer is going well 🙂
I filed my I-485 last year in June 2020 and did not file I-693, Medical Examination form at the time. Now that I have completed my form I-693 and want to send it to USCIS, but don’t know where to send it. First of all, I have not received RFE but want to submit I-693 to complete my Adjustment of Status requirements and any delay thereof. The instruction online on “where to file” that’s applicable to my situation is to send it to “the location specified in your most recent communication with USCIS.” I filed my I-485 in Texas Service Center around the time last year when they were in the middle of changing their office address (if you remember). So I’m afraid that I have the old address of Texas Service Center and don’t want to take a chance of sending it there. The address is P.O. Box 851488, Mesquite, TX 75185. I don’t know whether to send I-693 to the old address specified in the I-485 receipt or the new Texas Service Center address, please help!! tysm 🙂
I have never sent a medical exam after a case was filed except when they asked for it by RFE, and so I am not sure. Normally, I would suggest to send it to the last address where you received correspondence form USCIS. If that is the TSC, you will have to use the new address. Maybe you should call USCIS at 800-375-5283 and see if you can reach a person to ask, as I am not sure. Take care, Jason
So I just talked to USCIS customer service agent on the phone and they are not sure as to where send the form I-693 at this point. They said to wait for the RFE and then submit since it will have the return address. The only concern is that I have completed my form I-693 this week and am not sure of how long its good for. what if I receive the RFE and then my I-693 is not valid and I have to do it all over again. I am pretty much left with two options at this point:
1. To send it to TSC, the new address (6046 N Belt Line Rd, Irving, TX 75038), but if they open it and its not the correct office then the envelop seal will be broken and i’m not sure if the corresponding office will accept it again. (BTW I am more inclined towards this option)
2. To wait for the RFE and risk form I-693 expiring since USCIS has become more precarious than ever.
Pleas help Jason, what should I do?
Check the I-693 instructions, but I believe it is valid for 60 days or something like that. Maybe wait as long as you can to see if you get an RFE, but if the exam is getting close to expiring, send it in to the address you think most likely to work. You might also check to see if the I-693 instructions mention anything about where to send the form. Make sure that you include a copy of your receipt and all your info with the I-693, as that will at least increase the chances that they will match it with your case. Worst case: you have to do the exam again, and hopefully the doctor will give you a discount, since all that they need to do is re-print it and sign and date it. Take care, Jason
Hello jason,
I filled a 1-485 application (Asylum based) including the Medical exam. my status changed today to RFE was sent. ( I’m curious aside from Medical exam what else could it be usually).
Thanks,
AA
It could be anything like you Left something blank and forgot to write N/A etc. May I know when did you apply?
July/30/2020 NSC.
Hi jason Ireceive my approval notice after interview before 45 days but stillnot receive my GC is that normal how long take to receive my GC
It is a bit slow, but not that unusual. Normally, though, if you get the approval letter, you get the GC pretty quickly, so if it has been more than 2 weeks since you got the letter, you might call USCIS at 800-375-5283 to see if there is an issue (it is difficult to reach a person). Hopefully, it will just arrive soon, as that is the normal process once you get the approval letter. Take care, Jason
@AA
Hopefully you will get your card soon. Please can you keep us updated? I can also sent my I-485 with Med Exam included
Thanks
There is no way to know until you get the letter. Hopefully, it is something easy and quick. Take care, Jason
Why is it that we never hear about someone getting an update from Texas Service Center? I have filed since March 2019 and still nothing. All I hear is people getting approved from Nebraska. What kind of shenanigans is that?
Jason,
I’m seriously considering a mandamus lawsuit as the situation doesn’t seem to be improving. We could be waiting for years more for no other reason USCIS refusal to adjucate our cases. Can you recommend someone who does mandamus lawsuits?
The TSC is a disaster, but they do issue decisions – very slowly. For a mandamus, I am not sure where it needs to be filed. I believe you can file in Washington, DC, but you may have to file in Texas. I cannot recommend a lawyer here, but if you go to http://www.ailalawyer.com, you can search for a lawyer who does “litigation” (under “What type of lawyer do I need?”) and you may find some names. Take care, Jason
HI Jason,
I hope you are doing well. I heard that immigration judges from the Virginia immigration court are hearing cases in Boston by video. Is this true ? will this make things faster for Boston potentially ?
Thanks
H
Some new judges in Richmond, VA are hearing cases in different cities by video, but I think this is only temporary while they are being trained. I do not know for sure, though, and I do expect the courts to keep doing cases by video. Take care, Jason
Are you suggesting that untrained judges are making decisions on immigration matters…I would like my case to be heard by an untrained judge….
They are trained, but they are new. I am not sure if that makes them better or worse. Take care, Jason
🤣🤣🤣
@long Dick,
Imagine an immigration hardliner becomes a new and “untrained” immigration judge.
Would you still want him/her to hear your case? The case would be decided based on feelings and personal bias- ” I feel this one can speak English”! Granted!,or this one would line up for food stamps! Remove!🤣🤣
I was in immigration court a few years ago for my asylum hearing and a young gentleman was representing the service. He was new according to my attorney to his job and it was his first case in that court. During the hearing he was confused about my country of origin and started to ask me questions about a different country. After the judge mentioned that I had no relation to that particular country I guess he realized his mistake and kept quiet and asked me no further question. At the conclusion of the hearing, I was granted asylum and when the judge asked him if the service may appeal the decision he replied “no your honor”. I suppose the untrained attorney’s lack of preparedness helped my case.
Sometimes lack of experience helps; other times, those lawyers are more aggressive. It depends on the person. I’m glad it worked in your favor for your case. Take care, Jason
@LD, I like🤣
Oh my goodness!
I read somewhere that someone was referred to court, and also received an A5 EAD.
I like, too🤣
It touched my heart!!!!!!
I love Tom Petty and the Heartbreakers – Refugee and Led Zeppelin – Immigrant song.
Immigrant song almost made my list, but I wanted to keep it short (I like this version with cats: https://www.youtube.com/watch?v=ApxnAr6pRt0). Take care, Jason