Please join me for a live event and fund raiser at Immigrant Food on September 9, 2021 at 6:00 PM in Washington, DC. The event is sponsored by Ayuda, a DC-area non-profit that assists immigrants and asylum seekers. Aside from yours truly, speakers will include Immigration Judge (retired) Lisa Dornell, Ayuda Legal Director Laurie Ball Cooper, and torture survivor and advocate Tensay Kalile.
We will discuss the state of the U.S. asylum system, including the Asylum Office and the Immigration Court, and how the Biden Administration can improve the asylum process. Of course, we will also discuss my new book, The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity. Given that this is a two-hour event, I am confident we will be able to solve most of the problems with the U.S. asylum system – so you won’t want to miss it!
Proceeds from food and book sales will benefit Ayuda. In additional, all royalties from the sale of my book online from today through September 15 will benefit Ayuda – so now is a great time to buy the book and benefit a very worthy organization. You can buy the book here. Below is more information about the event and the panelists (and by the way, the even will be held out doors, socially distanced). You can sign up to attend or donate here. The event will also be Live Streamed on Facebook.
* * * * *
Seeking asylum in the United States can be a long, difficult, and confusing process. Even if you have a lawyer to represent you, navigating the asylum system can be a challenge.
Asylum law expert Jason Dzubow has helped hundreds of people obtain protection in the United States. Since 2010, he has been writing about asylum issues and answering questions on his blog The Asylumist. In his new book, The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity, Mr. Dzubow has collected his most helpful and popular blog posts, updated them, and sorted them by topic.
Join us on Thursday, September 9 at Immigrant Food as we discuss this important topic and Jason’s new book, The Asylumist.
Author, Jason Duzbow will be joined by other experts in the field as well as a torture survivor, Tensay, who will share his personal journey in seeking asylum.
Panelists inlude:
Featuring Guest Speaker & Survivor, Tensay Kelile
Hi Jason,
P-3/Affidavit of Relationship (AOR) Family Reunification (DOS)
I want to file P-3 for my family member. May I know if the Lutheran Immigration and Refugee Service (LIRS) is reopened for face-to-face service?
Thank you for your help.
You would have to contact them. I do not know. Take care, Jason
Hey Jason, appreciate your good work. So please if you can ease my problem. I was asylum seeker in 2013 then later got a referal to IJ mean while I worked unauthorized for 8 months. Also overstayed my visa conditions. My u visa was approved in 2017 and now I filed for GC. My asylum was terminated by the judge. For now I don’t know where I stand. The unauthorized emplyment will that be a bar AOS. Can I over come it? Please advice …..
I do not do much with U visas, and so I am not sure, but I would be very surprised if unauthorized employment would affect your ability to get a GC based on a U visa. You should not lie about the employment if any forms ask for that info, as that would be a separate problem, and that could affect your ability to get a GC. You should talk to a lawyer about this, to know for certain whether there is any problem, and then you can proceed. Take care, Jason
Hi Jason
So finally my case status changed to ”Next is an interview schedule” Do you know what this means ?
And do you know how long does this take?
It will be in california.
Can you tell me what should be aware of and how we should be prepared for it.
Is it in the near future ?
Thank you
Kayra
I don’t put a lot of faith in the online messages and so I do not know if that means an interview is coming. Nevertheless, it does not hurt to be ready, just in case. Make sure your case is complete and ready to submit, so you will be ready if they call you. Take care, Jason
If I am going to apply for a Travel Document, which should it be, Refugee Travel Document or Re-entry permit?
The USCIS website processing times section for i131 says two things regarding the form type:
– Refugee or asylee applying for a refugee travel document
– Permanent resident applying for a re-entry permit
I’m little bit confused regarding the two options. I did do some research that re-entry permit gives you 2 years of usage before it expires. But I want to know whats really best for me being a permanent resident based on Asylum. My new job might require that I sometimes travel out of the US and just want to be prepared.
The RTD is very inconvenient because you cannot renew it until it expires, or if it is still valid, you have to send the original document to USCIS. This means that aside from only one year of validity, there will be periods of many months where you cannot travel at all. Despite this, the RTD is the appropriate document for asylees and people who got a GC based on asylum. The RTD is meant to be used in lieu of a passport. Not all countries accept it, but that is its purpose. On the other hand, the Re-Entry document is more convenient, but it is not meant to be used instead of a passport. Some countries may accept it like a passport, but I do not know about that. If you have the Re-Entry document, you will need to use your own passport, and so that could possibly have implications for your status here (this is doubtful, but not impossible). Even people with the RTD often need to use their passport since that document is so limited. Given these issues, you will have to decide what is best for you, and whether you want to travel using your passport. Take care, Jason
Hello jason
I applied for my RTD 2 months ago and it went to Nebraska service center so i wanted to completely move out of my current state to a a state where it’s famous for going to Nebraska center to avoid texas when I apply for my GC in 3 months from now but the thing now is do you think my GC can also end up in Nebraska as the RTD or it’s not a guarantee? And does it mean if i apply from my current city now I could end up in Nebraska service center?
Hi- I am not Jason. Jason will respond to your question soon.
Where your GC application (I-485 application) gets sent for adjudication (not where it’s received and checked for proper completion) is NOT dependent on the state you live in. Where your GC application ultimately ends up is almost entirely dependent on luck or the allocation of applications to the various centers. Of course, if you want to move to a state that you think will ensure that your GC application ends up at the Nebraska center, that is completely up to you. However, I feel like it should be understood, especially by other readers, that it is not wise to move to a state because you want your application to get processed by a particular center.
@jamie
You must be out of your mind !!! It’s known some states go yo Nebraska some to texas !! 99% of California go to Nebraska ohio same and Oregon so u wanna tell me that’s luck? Bring me someone from cali or Seattle filled and the file went to Texas i mean yeah officially nothing says these states goes to Nebraska or Texas but we all know the uscis use the states to move stuff either to NBC or TSC so don’t say something and you don’t know what u talking about
Asylum Granted, I think I have said this a number of times on this blog- I hate when people misuse statistics to win an argument/make a point!!! Please provide a reputable source that explains that 99% of asylum-based GC applications from CA are processed at Nebraska. To me, the moment you make false claims, using made-up statistics, you have lost the debate or negated the point you are trying to make. I’d have appreciated your point if you had used anecdotal evidence rather than making up numbers.
Second, it appears that you are confusing the address where you mail the I-485 application and the center where the application is finally sent for processing. The I-485 application must be mailed to a specific address based on the courier service used and your state. This has nothing to do with the center- like Nebraska Service Center/Texas Service Center, for example- where your I-485 ends up/gets approved or denied. The center that eventually receives your I-485 is not dependent on your state! Once the case is accepted at a USCIS facility, having being dropped off by FedEx or USPS, for example, it is then sent to the center (Nebraska or Texas, for example) that processes GCs for asylees. You do not have any control over where the application goes after it’s received by the USCIS facility that you mailed it to. If you moved to a different state and your application is received by Nebraska, that is would be luck- not because you changed states. Furthermore, USCIS moves around cases and shares cases. This is independent of you and your state!
I work with an organization that provides services to asylum seekers, asylees, and asylum-based GC holders. The organization caters to asylum-related applications that come from all 50 states. Many of these people are now citizens and have used the services provided by this organization throughout their entire immigration journey. This is not new to me!
Finally, YOU are free to move to a different state if you strongly believe that your application will end up at Nebraska as result. My concern is you misinforming people and you possibly influencing people to needlessly take on an expensive exercise.
Hey Jamie, I agree with you. I’m in Texas and my i485 is received by Nebraska.
Hi Jason,
About two weeks ago my partner received a notification that her green card application (based on asylum) was ready to be scheduled for an interview. In May we received a notice the case had been transferred to the NBC. Progress! (?) Do you know how long it is taking green card-by-aslum interviews to be scheduled now? Her interview would likely be scheduled in SF for whatever that’s worth as we live there. Thanks as always
I do not know how long it takes from the time of the online notice to the time of the interview, but I think it is only a few weeks, so she should receive the paper notice soon. Take care, Jason
I really do not know. USCIS seems to move cases around at random and just because you file in one place does not mean your case will be processed there. You can check the direct mailing addresses for the forms, which will at least tell you where to mail the form to, but it will not guarantee you that you will have the case processed in a particular office. I think moving to try to get a better office is usually not worth the trouble, but maybe it would work – I am not sure. Take care, Jason
Hey granted asylum,
I’m in Texas. about three weeks ago I applied for green card and received notice that my application is in Nebraska. So I guess they are just randomly sending applications to different centers.
Did you get any feedback apart from notification receipt?I applied end of june but nothing has changed on website.
Hi MIMI, yes i received a notice that i don’t need to appear for biometrics they reuse my old ones.
Dear Jason Elii is back😊
I mailed my green card application and travel documents application all together on 23 August 2021 and today September 6 I received a receipt for both application RTD Plus GC !! Im from Afghanistan i live in Virginia! Along with application I have written one page request to expedite this two application together since i need to visit family in third country as situations in Afghanistan is worse then ever!!
I believe I received the receipt for both application together within 14 days windows it looks normal!! Do u think that letter will help me get both and green card together soon
Please as usual need ur input
Hello elie,
I wish you good luck but can you please share which office gonna work on your case when you sent your application hmm is it Nebraska service center or texas service center ?
Hey pepsi thank u
I live in Virginia and i sent it to dallas texas . It depends from where you file your claim.
Anyone would file from Virginia filing based on asylum would be dallas texas
@ellie
Good luck but you must have patience to see the GC in your hand as we know texas takes 2-3 years to produce the GC but hopefully your expedite will be approved
Dear Jason today i got a nother notice today that NBC has my GC application and they waived biometric and dont want me to appear for biometric!!
How IS NBC CENTER!?? Anyone in this chat please answer
I do not know, and I do not know whether the case will be moved from that office, as these cases tend to move around. At least you know there is some progress, so that is a positive sign. Take care, Jason
It may help things go faster, but I do not know – I wrote about expediting with USCIS in January 2020 – maybe that post will give you some other ideas, but making a request when you applied might help. Take care, Jason
Dear Jason,
Thanks for everything you always do for us. I am in a pending asylum case to my wife who is the principal applicant since 1/2018. I came to the US on an H1B work visa on 11/2011. I have never traveled back to my home country since 8/2012 for fear of being persecuted for political opposition to the current regime. In 12/2017 my wife and my two kids traveled to see her family in our country and national security went to ask about me so she came back quickly to the US in 1/2018 and applied for asylum. The coming 8/2022 will mark 10 years of continuous stay in the US (6 years on work visa and 4 years on pending asylum). Is there any chance I can apply for a parole/waiver or a case in court to just become documented claiming that I spent 10 years in the US and can’t go and live in my country after this long time and many changes that would not allow me to live and work in my home country? I have no criminal issues at all, I got an MA here in the US, got diplomas from Harvard and Stanford and worked as a part time government contractor giving linguistic services to the US army. Can my case be given to our congressman to ask for such waiver? I would really appreciate your reply Sir!
Best regards,
There is no such waiver. There is something called Cancellation of Removal for people who have been in the US 10+ years and are now in immigration court and meet all the other criteria, but you have to be in court. Also, maybe you could qualify for an employment-based GC or something else, but there is no status available simply because you have been here for a long time. Maybe talk to a lawyer to go over your options. Take care, Jason
One of the features of a lot of “asylum seekers” is a lot of them feel very entitled…
Thanks Mr. Jason for your reply. In fact, I came to the US on 2011 on H1-b visa and finished the 6 years limit on 2018. Therefore, as I know, to apply for employment GC , I have to leave the US so I can apply for GC or even another fresh H1b work visa. With asylum, I can’t take the risk or even not able to leave the US then the return will be impossible to me and my family of five. I did apply for Employment based GC twice; one in Florida that was rejected for a lawyer fault in filling the correct info and the required education certificate that fulfills the job requirements. The second time in Virginia, where I live now and also the fault from the lawyer who didn’t submit the paperwork within 6 months limit after making the job advertisement in the Washington post. I gave up hope and decided to return to my country so I sent my wife with the kids first in 7/2017 planning to make some money here when I live alone and to return back to my country for good in 1/2018. Unfortunately when my wife was there at her family’s house the National security men cane to ask why I didn’t return with them. Therefore, my wife brought the kids back to the US and she applied for asylum and I was her dependent. We have one son from our country and two other American sons. We are stranded here with almost four years waiting for asylum interview and that is not a long time compared to other cases. However, we got some hope when Biden declared the 2020 path for citizenship but that seems a dream hard to come true. Sir, do you think I can apply for employment based GC after I finished my first 6-year H1-b work visa?
Thanks a million
I do not know – I wrote something about getting a GC based on employment on August 28, 2018 and September 6, 2018. I doubt that you would be eligible, even under INA 245(k) as discussed in the first article. Even so, it might be worth discussing this with a lawyer who is familiar with employment-based GCs, as that is not my area and I am not certain about whether there might be a path for you. Do be careful, though, and if the lawyer thinks there is a way, have the lawyer put it in writing, and explain exactly how and where you will do each step of the process. There is no sense in starting this process unless you can complete it. Take care, Jason
Hi Jason,
I have applied for asylum 2016 and it is still pending in the NY asylum office.
My question is ” pending asylum candidate” counts as undocumented or documeted since I have EAD from my pending asylum status.Appreciate for your reply.
Best
Dijoan
second to this. I haven’t seen a definitive answer for this yet.
I want to clarify this because when people say I am “Illegal” it makes me sad…
What’s the term people should call me ? “undocumented” ? Illegal ? alien ? immigrant ?
Because some people have, in the past, claimed I am an Illegal, passed this information around, which caused great financial and mental and relationship damage to me. I wonder whether this person calling me “Illegal” is factually accurate ?
Asylum Seeker, these are not official terms- to the best of my knowledge, I don’t know if the INA/Congress defines these terms. Asylum seekers, like DACA recipients, are considered “undocumented aliens” for immigration purposes. That doesn’t mean that they are here unlawfully, however. “Illegal alien” and “undocumented alien” are terms often conflated/misused. In any event, during the pendency of your asylum status, you are authorized to remain in the U.S., and you may be eligible to work with an EAD. I would not get too caught with terms as doing that, at this time at least, is irrelevant.
It does matter. When people claim that I am illegal. I feel so sad…almost suicidal…They make it sound like I did something wrong and should be put to jail…
I wish they should just call me undocumented…it’s much better.
I do not know – you have a pending application. The terms “documented” and “undocumented” are not legal terms, but since you filed for asylum, you are permitted to be in the US until your case is resolved. Take care, Jason
Hey jason
I was granted asylum only after 2 months after i had my interview last year but now i have a question can i apply for FOIA to see what did my asylum officer wrote about my case?? Like does they usually write what they think or they just write the applicant meet the asylum criteria and grant it!? I felt like he was really sad when he saw all the physical torture on my body from being detained in my COP by the police also when he saw the scars all over my body and my pictures in the media so is that possible to know what did he write or no need to even ask for FOIA as i was granted asylum
why it is important? What if he wrote oooo i feel so sorry for adam or oo looks interesting… do not keep the system busy with this no benefit conversation please
@Responder
I’m just curious and was asking a a question why you mad bruh?? Still waiting for your interview or what?
Responder, s/he is free to use the FOIA. That should be none of our business.
You can try a FOIA – form G-639, available at http://www.uscis.gov. Sometimes you get the officer notes, and sometimes you do not, but it is free to do a FOIA (unless there are many pages and then they might ask for a copying fee, but I have never seen that) and so there is no harm in trying. Take care, Jason
Hi Jason! I’d like to ask you a question if I may. I’m on the run (wanted) in one of Russian regions. In the USA I’m in asylum pending status for 4 years. I’m desperate to go Russia for a week or so. I’m not going to visit the region where I’m wanted of course. And not going to stay in Russian longer than several days since sooner or later police department of that region will be find out my presence. Do you think I will have hard times to convince an USCIS officer at my future interview that the fact of my short visit to Russia doesn’t show that I’m safe there?
May I ask why you are on the run ?
@borris
First of all why did you waste 4 years of your life to file for asylum fraud !? now you wanna go to russia but different region and the police won’t know about it lol are you joking me or think we are stupid or what? So if really the police wants you won’t they arrest you at the custom entrance in the airport?? So now you’re not scared and has the balls to go russia even before your interview?! People like need to get interviewed as soon as possible so they can be deported real quick for their fraudulent asylum
I do not see how a desire/need to return has anything to do with fraud. It could, but it could not, and I have had many clients who had very well documented cases and who returned to the home country for reasons that they believed were important. A return trip will likely make it much more difficult to win an asylum case, but it is not necessarily and indicator of fraud. Take care, Jason
It’s up to you, but if you return to Russia – any part of Russia – it will be a major issue for your asylum case here and there will be a good chance that it will cause your case to be denied. Under the law, if you can live safely in any part of Russia, you cannot get asylum in the US. At the minimum, you would need to explain the return trip and how you stayed safe. I am not saying it will be impossible to win asylum if you go back, but it will be a major issue and there is a high probability that it will cause your case to be denied. You will have to balance that with your need to return. Take care, Jason
May I ask a question:
So … if I don’t have stable living address, and say if I need to apply for renewal of EAD. How to solve the mailing issues ?
You can get a PO Box or use a trusted friend’s address. Take care, Jason
Thanks very much Jason :). All these things simply don’t help when I am dealing with dysphoria and asylum.
I mean the things like mailing issues, or sometimes EAD issues. So annoying.
Hi Jason,
I am wondering if P.O. Box works to receive mail from USCIS, such as: asylum decision, EAD receipt and EAD cards.
As you know in the EAD application there are lines for mailing address then physical address.
Please, advise.
Thanks,
You can use a PO Box for the mailing address – it should work. Take care, Jason
Hi Jason,
Currently, our asylum is being appealed with BIA with my wife as primary applicant and I am derivative applicant. Its been a while now that things are not working out between me and my wife and planning to get divorced. If she gets married and withdraws the application, will I be out of status?
Thank you!
@seeker
It really doesn’t matter cause winning case at the BIA is so so so difficult and needs a miracle so both pf you getting deported is just a matter of time as i know
@Zizo
Thanks for the advice. I am curious can you share your experience if you were in similar situation I have heard BIA decisions still takes 18 to 24 months to come a decision and sometimes they even send the case back to federal court. Do you know anything more please share.
Thank you also waiting for Jason’s advice.
It is possible to win at the BIA, but it is often quite difficult, especially these days where the Trump Administration took some of the most difficult Immigration Judges and made them Members of the BIA (and the Biden Administration has not done anything to change that). Take care, Jason
You will have to find your own form of relief, and at this stage (the BIA), that will probably be very difficult. Basically, you would have to present some claim (asylum? A new marriage to a US citizen?) and try to return the case to the Immigration Judge. If you do not have a case, you would be ordered deported. If you want to try to stay in the US, you will need to talk through the specifics of your case with a lawyer. And if you separated from your wife, you may need a new lawyer than any you used previously because a lawyer who represented a married couple cannot represent either of the people after a divorce/separation, unless both spouses agree to the representation. So be aware of that issue as well – talk to your currently lawyer about that and your spouse, to see what you need to do. Take care, Jason
I am finally resuming my medical process ! I am so excited and I will be going through a lot of medical treatment soon.
May I ask…
Although I don’t really want it to happen, but if removal becomes inevitable, usually they will let you voluntarily leave right ? I don’t want to be in a position where I am escorted to a plane or a train to my country of origin…because it could be really dangerous. I could always go to a 3rd safe country if I can voluntarily leave. But I constantly see the scenario that immigrants are handcuffed and put on a train on TV…
So how does a removal procedure usually look like ? Does it begin with arrest ?
@asylum seeker
If you don’t like here you can leave! Being born as a redneck doesn’t give you the right to say what should the Uscis do!!! Your voice will never be heard or effective so you can shut the f*** up or just leave the country and go settle down somewhere else if you don’t like how the immigration laws goes here
Most people who are not criminals who get ordered deported have the ability to buy their own ticket out and deport in an orderly manner. Also, if this were to happen, it is far in the future, and so not really worth worrying about at this stage. Take care, Jason
I think you are right…
Is it an option for currently pending affirmative asylum seeker to go out of US to Mexico and try to pass credible fear screening and then ask to see a judge and ask for PD ?
Because my case is probably going to court and I will probably ask for PD. Is this a viable way to fasten a process to certainty ? Certainty/Stability is more important to me than being granted asylum.
I never heard of such a thing, and if you leave, it would likely affect your eligibility for any relief; not to mention that most people are still being turned away at the border due to the public health emergency. Take care, Jason
Thanks Jason for weighing in 🙂 . Ah I see. The recent reinstatement of remain in Mexico policy gets me thinking about such scenarios…
Hi Jason,
Processing times got updated today on the USCIS website, surprisingly it went down. For example, the maximum time for I-485 in TSC went down from 62 to 21 months for Employment-based applications. I feel processing time is unuseful information, but at least I was able to file an inquiry due to Outside Normal Processing Time. My AOS application has been pending for 2+ years, and just today I can say it is outside Normal processing time, LOL
It may have been come down for I-485 EB , But It has climbed up badly for C-8 EAD I-765 with even the fastest service Nebraska to 7.5 Months.
Thanks for the info EB2 Seeker. Mine is just 2 months away from being outside “normal processing time”. Then I won’t waste another single day before making a request for case outside processing time to Ombudsman. I’m just wondering if those requests have real impact on our cases. Texas Service Center seems to be particularly dis-functional. Anyway, let us know if you have any success.
Thank you,
Cordy, when creating an Ombudsman request they ask if you already inquired USCIS or Congressman about processing time, that is the reason I inquired USCIS first. My next step is Congresswoman and Ombudsman. I will update you all here when I have any news.
It used to take 36 years to get a GC, but now it only takes 19 years. I guess that is progress…
Can I ask a question ?
I have a hard time understanding…why a lot of people so hung on the idea of becoming U.S. citizen or getting permanent residency ?
I mean such desperation is very suspicious. Because it seems to me that what they really care about is residency rather than protection. Being in the U.S., even without legal status or lawful presence already affords enough protection. Becoming a U.S. citizen or resident is a privilege and shouldn’t be easily granted. In my opinion, only people like Nobel Prize winners deserve to become citizens of the most powerful, the most prosperous country in the world. All other commoners shouldn’t be this greedy. The U.S. is already generous enough to admit asylum seekers and offer protection. I am always grateful. I will even be contented with remaining unlawfully present as long as I can stand in U.S. soil. It really seems to me that some asylum seekers are less seeking asylum but more trying to sneaking in the most sacred country in the world. The greediness is appalling. So my question is…are these people REALLY seeking asylum ? or … they are coming to the U.S. for something else ? because in my opinion, asylum is afforded once an asylum seeker is in U.S. soil.
@asylum seeker
Most of the people looking for the GC or citizenship si they can bring their spouses plus it’s even safer to be citizen after been granted asylum cause you never know what tomorrow brings!
No one chose where they were born!! You’re an example did you choose to be a redneck from one of the southern states? Did you choose to be born close to your mom and dad’s cows? Did you choose to have only high school degree so that you only can afford paycheck to paycheck and only work hard jobs that pay less so you get time and come waste it here? You didn’t choose all of that so asylum granted folks are the same
I just feel that the claim of asylum is not very consistent with the desperation of becoming residents.
I admit you have some points.
But…I feel this permission could lead to disastrous consequences.
Because…if you are out of U.S. and take a look at the world map…my goodness…all these countries, people are suffering, war, hunger, disease, and religious conflicts and many other persecutions…(The world outside North America and Western Europe is mostly sh*tty place…I think that’s common knowledge)
It could easily be … several billion people right ? Okay, so all these people are suffering…so…under U.S. asylum law…all these several billion people … they can apply for asylum ? become asylees ? and then become green card holders and become U.S. citizens ? I mean…that’s not…very…ideal…nor sustainable…
Is there any method we could change these source countries ? so that people don’t have to seek asylum ? Because after all, U.S. is sandwiched by two oceans, all these people come, some will be forced to live in water…
People want to be a citizen so that the process is done and they have fully resettled here. Until they are citizens, many people do not feel fully secure. Take care, Jason
This Will get interesting.
Asylum Granted, thank you for cracking me up after a bad day🤣🤣🤣
I am glad I can put a smile on your face 🙂
@tina
No worries i got y’all! I love making fun of that redneck asylum seeker who has no pride and comes here to be insulted and mocked all of the time !
“Asylum Granted and “Asylum Seeker” y’all are both sick crackers. I don’t read your comments anymore; I wish everyone would do the same.
@liam
You can go F yourself! Who said i want you to read my comments? Who cares!? I was replying that idiot called asylum seeker so don’t put your nose on something that’s not your business
hmm…
Hey Asylum suc.er! I leave couple of middle fingers pick anyone you can. Put it your proper place then you be enlightened why people want to get citizenships and why you need to shut up.
I mean cuz I just feel that, if asylum seekers want to get citizenship, they should just write “I want U.S. citizenship, please give it to me !!! ” instead of “I am afraid of persecution, please protect me”… This is where I don’t understand.
In their applications forms.
Many do have the option of remaining asylees for the rest of their life. And there are reasons for this; the hope of country conditions changing and they can return safely. In my case, if the leader of my country said, LGBTQIA+ people have full rights and protections and laws are passed, it doesn’t necessarily guarantee those protections are gonna be enforced. Just as bad humans still kill, steal even though there are laws against it, it doesn’t mean people are gonna abide by them. I think change towards LGBT people will happen in about 20 years in my country, but thats 20 years too late for me. I wanna live my life in peace ‘now’.
As for why I took up permanent residency? Well its a logical step in embracing my new home, its showing a path to committing to this country and investing in it. Paying all those taxes, being able to easily secure a job and keep it without with the hassle of the employer telling you about termination because your EAD is about to expire. Especially in on uncertain times like this where you want to have a job and not loose it.
I went on unemployment for about a month and the process didn’t even seem to fully recognize EADs, although it probably should. But the site promptly displays what a Permanent Resident card looks like and what details from it needs to be entered to qualify for unemployment. At the same time, I didn’t take advantage of it like my American born room mate who has not paid rent in 14 months, tells lies to collect unemployment and steals from Target.
Yet, here I am, applied for jobs weekly, collected my claims, scored two job interviews and ultimately two job offers and about to start working again soon. Yet, my room mate, the born American can’t muster up the courage to try for one of those 10 million available jobs.
I say all this just to let you know that asylees and refugees feel privileged and thankful to be here. We work very hard to prove that. I remember before I was granted asylum and use get on the bus and had to stand some time; I would complain to myself why these old homeless bums who get on the bus taking up seats couldn’t go find something better to do. But then I would feel guilty about it because they have their birth right to everything this country has to offer. I don’t even have my foot in the door (thats being granted asylum).
Now I have my feet on the ground here, I want to prove myself and work for the benefits offered. Yes, some might be economic migrants, some might be escaping persecution, doesn’t matter either way. Many first generation Americans who came from Northern and Southern Europe was also looking for a better life. Trumps grandfather was fleeing persecution from Germany even though he didn’t qualify. They still let him stay and look how wonderful that turned out for him and his descendants.
At the end of the day, the vast majority who come here benefit this country significantly.
I guess what I mean is. I am concerned and have mixed feelings regarding some people being granted asylum. What if these very people, they come in…okay…and then … form another Iran, Jamaica, Russia, China, North Korea…the enclave…they … continue to do some of the practices like lynching people, pushing gay men off the building, doing FGM (some families from FGM countries continue to perform this). And if the victims report to U.S. police, the perpetrators will say “you are discriminating asylees/my race/my national origion/my religion” … so that their behavior could be justified. In fact, gay panic defense is still legal in a lot of States…So I am worried…very very worried…I wish somebody could cure my worry…but over the years…I only become more worried…
@ASYLUM SEEKER Are you a Nobel prize winner?
Jason,
LOLThat was funny. Nice sarcasm.
?
A lot of persons from these countries do bring their cultural beliefs here and homophobia remains a part of their community. Especially when they don’t assimilate into the wider community. But the difference is, this is America, a country of rules and laws, checks and balances. Hurt someone like me because my sexuality, I can guarantee, you are not gonna get away with it. Also, I am not gonna put myself at risk either. I live in a very liberal state and I love it! Seeing guys holding hands, celebrating PRIDE, rainbow flags on front porches, hanging from apartment windows. So, the country is big enough to keep both the ignorant and those seeking personal freedom.
But you kinda went off a tangent here, because your concerns targeted asylees and refugees now its general immigrants. At the end of the day, both good and bad people will come to this country. If you choose to remain bad, there are ways to handle it, if you aim to be a good person that contributes back to your community, the possibilities are endless.
I tend to stay vigilant in a lot of things…Personally, I feel that unless homophobia and transphobia is eliminated from Earth, only LGBT people should be allowed to immigrate to the U.S. The U.S. has achieved landmark success in terms of equality. The influx of homophobia and transphobia could eliminate decades of progressive gains.
I have given the benefit of doubt to these countries, but all of them failed my good faith benefit of doubt. None of the countries have apologized to me. So the elimination of bad countries should be every global citizen’s responsibility.
Hi Jason,
May i know the processing time for an expedited request with USCIS for I-130 Application?
Thank you.
There is no info about that. You can try to expedite, and if you have a good reason and are lucky, they might do the case faster than normal. Take care, Jason
@ Tarek
How long have you been waiting for I-130 petition to be processed and which center ,If you care to share?
Hi Jason
Thank you for everything you are doing and sharing. I have couple of questions for you.
1. I have an individual hearing next month and my wife is dependent but she has a legal status. Is she required to come with me for my hearing at EOIR?
2. She has a legal status and a pending asylum herself at USCIS(before marriage/no interview since 2012). Is she required to withdraw her asylum case before my hearing as she is also dependent in my update I-589? The NTA was only for me.
3. If I’m approved next month, if she don’t withdraw before IH, will her original asylum case gets withdrawn automatically or should she withdraw before/after the decision?
1 – If she is a respondent in the court case (and it sounds like she is not), she should be present, even if she has legal status (though normally if a person has legal status, they would not be in court). Even if she is not a respondent, it may be wise to have her in court if she is part of the case. If you are represented, talk to your lawyer about that, as the lawyer will know more about whether she is required to attend or should attend. 2 – She does not have to withdraw her own case, but if you win, you can file an I-730 for her and she can get asylum based on your case, and then withdraw her own case. 3 – If she is not a respondent in the case, your decision should not effect her. But if she has a decent asylum case, you might want her in court with you, as her case might help you win. Again, this is something to discuss with a lawyer, who can know the specifics of your case. Take care, Jason
Hello Jason,
I was waiting for my individual hearing which was scheduled for June 2022 in the Chicago Office, couple of weeks ago received notice that my individual hearing date changed to August 2022, and now its MASTER hearing, and it’s not the individual hearing, I am afraid that in August 2022 they will reschedule my individual for next 3 years again. My case is keep rescheduling for the last 6 years now. Is this common nowadays to get mastering hearing again?
Thank you
John
It is fairly common, though usually it happens closer to the court date. The only real option is to try to expedite the court case. I wrote about that on April 20, 2017. Take care, Jason
Hi Jason. I am Asylee. 2 years passed but i not received GC yet. My case is in Texas Service Center. My EAD will expire in November 2021. I not renewed it,as waiting to get GC. My Question is that how much more time it will take to get GC? What should i do for EAD? Renew it or wait for GC?
Start by applying for your EAD 180 days before it expires. It might take you some time to get the receipt. For instance, when my GC was pending, I didn’t receive my EAD renewal receipt until a couple days before the old one expired. But it gave me 6 months more. I eventually got my GC, but your situation might be different.
You can check processing times at http://www.uscis.gov, but unfortunately, the maximum time is very long and no one can tell you when you will get the GC. An asylee is eligible to work without an EAD, but it is not convenient, as employers and DMVs often do not understand this. So you do not have to renew the EAD. You can if you want to, and if the fee is the problem, maybe you qualify for a fee waiver (form I-912). Take care, Jason
If my EAD expires and i do apply after some months( waiting for GC) then will not be any problem?
It is not a problem, but unless you file to renew before the old card expires, you will not get the automatic 180-day extension for the old card. Take care, Jason
Hello jason
As an asylum applicant i know you don’t have a legal status in the US if you’re out of status but my question is after i got granted asylum now am i have a legal status or I’m not considered as a legal allien until i get my GC ?
Hi Nick- Jason will respond soon. Please wait for his response.
In the meantime, I do know that asylees (those who are granted asylum) are considered “legal” or “documented” for immigration purposes.
You are considered an asylee until you get the GC (technically, I suppose you could also say that you are a refugee, since you had to meet the definition of refugee to win asylum). It is a form of legal status, but it is not permanent residence (that is the GC). Take care, Jason
Thanks jason for the clarification but honestly i like to say asylee more than refugee 😁 I don’t know but refugee people might think i had no home and stayed in camps like we see in tv but as asylee no I’m just scared to go back to COP but i have home and had good life except the bad experience i got before i left due to my political situation there so I think people look at the word refugee as a horrible situation but asylee is same result but different situations
Nick- asylees and refugees are essentially the same thing. The major difference is the way in which the applications are processed: asylum seekers get processed in the U.S. and refugees get processed overseas. Another difference is when they are required to apply for adjustment of status- asylees don’t have to- they can live indefinitely as asylees- but refugees have to apply within one year of being admitted as a refugee in the U.S. However, both refugees and asylees have to meet the definition of refugee. You can’t become an asylee unless you meet the definition of a refugee.
I think refugees get to file the I-485 for free too, which is pretty nice. Take care, Jason
Maybe so, but legally, to be labeled an asylee or a refugee is the same standard. Take care, Jason
You are a refugee Nick. Bad ass refugee….
Oh my goodness, First Responder
You cracked me up so bad🤣🤣
Sorry, Responder!
@responder
No man I’m an asylee not refugee go educate urself please before you talk bs!!! Refugee like people from afghinstan now who csme through US military planes or like syria ok? I’m an asylee who came with tourist visa and i had good life at home I didn’t stay in camps I’m the one asked for affirmative asylum cause of my political background situation so I’m not refugee! U understand that!? Refugees who lost their homes cause of wars ir violence so please educate yourself plus I don’t get any free money here i have my own business in different states and pay high taxes I don’t take the refugee aid the government of the US give to them here since they arrive
Actually, data (from the Trump Administration no less) shows that refugees (people resettled in the US) contribute more to the economy than they take in benefits. I wrote about that on September 27, 2017. Presumably asylees also contribute more than they take, as people who make their own way to the US tend to have more resources than people who were resettled here. Take care, Jason
Come on pal! What you feel so offended to be called refugee, Nothing wrong with being a refugee or asylee. Does not make difference. But your overreaction and extreme effort to differentiate your status from them are not only funny but also disturbing. Stop presenting refugee status as if it is something bad. We are in the same boat, escaping from something some of us from the bad government, some from an enemy but you know what nothing wrong with us, it was not our mistake our their it is destiny that we can not control at all.
So stop being a jerk and say sorry for using discriminative language for refugees. Otherwise, you will not be different from the bad people we are escaping from. because that is what they say and how they justify their stupid decisions and harm they cause for innocent people…
Nick, according to DHS (Department of Homeland Security): “A REFUGEE is a person outside his or her country of nationality who is unable or unwilling to return to his or her country of nationality because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. An ASYLEE is a person who meets the definition of refugee and is already present in the United States or is seeking admission at a port of entry. Refugees are required to apply for Lawful Permanent Resident (“green card”) status one year after being admitted, and asylees may apply for green card status one year after their grant of asylum.”
Same thing. Just the process and a few minor requirements- mostly for refugees- are different.
It always boggles my mind how people apply for- and sometimes get- certain immigration benefits that they don’t even have a basic understanding of.
@responder
I have nothing against the refugees god bless you all and bless us and bless the greatest country in the world USA 🇺🇸 it gave us the chance to live safely away of out COP all i wanted to say I’m just an asylee not refugee hmm they have the same outlet but it’s really different and I’m an asylee I’m not refugee I didn’t come through the united nations or stuff like that! I’m an asylee asyleeeee good luck to y’all and god bless y’all
Hi Jason, always thankful for your care and services; I’m currently looking to find attorney to file mandamus(pending decision for 3 years and 6 months)I’m in New York City and their rates are around $3k to $5k but non of them look experience to me regarding mandamus. Do you recommend any attorney for mandamus in NY area ? And also do you know if there’s any non-profit organization can handle mandamus? Thanks again for your help
That is probably a fair price. I do not think they are so difficult – if you file them, usually the government will just agree to issue a decision. I do not now a lawyer or non-profit in NY that does mandamus cases. We did a blog post on October 2, 2018 and the person who wrote that post does mandamuses – maybe you can contact him, but he is in DC. Take care, Jason
Hi Jason,
When an interview is scheduled, we only have 14 days to collect documents, send and prepare for interviews.
I worry that I might miss the notice if I am travelling and I travel frequently. What are some other options for me to make sure I don’t be in such nightmare scenario?
Do you know if their online tracking system is accurate everytime and that online status changes to show that your interview notice was mailed?
Thanks,
Tori
Tori,
Yes, you can track of your interview using your receipt number on USCIS case status, but I am not sure how accurate it is. In my case, i followed this one and I still see it once in a week in order not to miss anything.
Tori,
You can register your case to automatic updates in the USCIS portal, so they will send you an email and text for any updates on your case. Also, you can register in USPS to daily get an email with the mails coming to your address. One more thing, Why you have to wait to collect documents, send and prepare? You can do all three in advance irrespective if they scheduled the interview or not. Lastly, interview notices are usually sent 6 weeks in advance, at least that was my own experience. If you are on a shortlist, the notice might be shorter.
@Tori
Yes follow the case online…i did the same and I was the one who had always informed my lawyer of the interview and decision because following the online system
You can check the USCIS website with your receipt number to see if anything has been mailed, and I think you can also get a USCIS account where they will tell you if something is mailed. Your best bet is to prepare the whole case now so that you are ready in case of an interview. Also, you can probably get “informed deliver” from the US Post Office, which will send you an email photo of your mail, so you will know if you get a letter from the asylum office. Finally, if you need to postpone, the asylum office has been very good about that – you just email them and ask for more time. Take care, Jason
Dear Jason,
My work authorization is about to expire in 2 months, I filled for the extension and got the acceptance notice letter, can I work with this letter in case of my work doesn’t approve and arrive by the expiration time. How long I can work with this letter after expiration?
Thank you
John.
I mean can I still work with the letter which is i-797 C Notice of Action after my work authorization is expired? If yes how long?
@John, it extends your EAD for 6 months.
@JOHN
I would like to share my experience with you about this point. The actual EAD card takes over 4 months to be issued (as I have been waiting for it since I applied for renewal from February). However, it is good that you have received the receipt (I-797C) since it will automatically extends the expiration of your EAD for 6 months. I emailed a copy of the I-797C to HR of my employer and let them know about this fact: they accepted it. I also brought that I-797C to the DMV to renew my driver’s license and they also accepted it and issued my driver’s license for a one year validation.
Bassam ——Which State did you bring I-797 Notice to DMV.and got your driver license renewed for one year ?
The letter allows you to work for 180 days after the old card expires. Here is a link about that: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension. Take care, Jason
Thank you all for answering my question.
Hi Jason,
Do you have any recommendations for an experienced immigration attorney in the Seattle area ? Someone who is experienced with asylum but may also be able to navigate a potential EB1A path (assuming that is something that can be pursued at the same time as an asylum application)? I’ve been waiting for an interview for years now, and my anxiety is killing me. This feels like a never ending nightmare. I’m ready to explore other paths that could potentially work for me – fully aware that the EB1A path is very difficult and selective.
Thank you
I usually don’t prefer EB green card path because in this process, a lot of parties will be involved. For some people, their private information may be exposed. What if one of these people involved in this process, solicited your information and find out about that … you have an asylum application…and pass this information around ?
So if it were me, I would stick with asylum because, it’s an individual application, usually no other parties involved except derivatives or your lawyers, which you authorize to have access to your information.
In addition, I always ask myself, what’s the real purpose that I want to stay in the U.S., do I want to be an EB1A person or am I trying to find safety ? My answer is, I want to be safe, I can always be a talent in U.S. or my country of origin, but I can only find safety in the U.S., that’s why I come here, I come here to seek asylum, so that’s why I am applying for asylum. This process helps me make the decision.
I do not know anyone there, sorry. I do not think you need a local person for such a case, though, and so maybe any big office that does EB1 would be a good place to try. You might find lawyer referrals through http://www.aila.org, which is an organization of immigration lawyers. Take care, Jason
Hi
Once asylum is approved, applied and approved I 730 form for partner.The pandemic stroke while waiting for interview at embassy in March 2020.since then no news ,nothing from embassy.I 730 case was sent to embassy and it s stuck there. I m moving to another country how can we move the case to where I m moving as case is at embassy can it be done by informing the embassy or USCIS all together. Thanks
I have not done that in a long time. I would reach out to the embassy (you have to Google the embassy and email the visa section) and the National Visa Center (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html). Also, under Resources on this blog, there is the I-730 Family Reunification Manual – that may have info about moving the I-730 to a new country. Take care, Jason
Hello, is the live stream possible? I bought the book, thank you, it’s really priceless!
Thank you. I am waiting to learn whether it will be live streamed and I will let people know about that. Take care, Jason
Hello Jason,
Thanks for sharing these info about your book, as I am going to order it, and the event. I am wondering if:
1- The discussion event would be virtual/online and will there be a link for the panel after we register?
2- Is “The Asylumist” book a sum of all your articles posted on your website or it is an entirely different book?
Thank you!
1 – We are waiting to hear whether it will also be online. Currently, it is an in-person event, but hopefully, it will be on line too. I will let people know about that. 2 – It is a collection of articles from the blog, updated, and with some new information. Take care, Jason
Hi, I’d like to attend.
But just a question, do I have to turn the camera on ?
It is a live event in person. If it is broadcast, you would not need to turn on the camera. Take care, Jason
Oh…
thanks…I read too fast…guess couldn’t make it…