This summer, pro-immigrant Representative Gerry Connelly (D-Virginia) wrote to USCIS inquiring about the affirmative asylum backlog. The USCIS response is instructive.
First, USCIS notes that, “The backlog is the result of the mathematical reality that USCIS receives more cases than it can adjudicate given current resources.” That much is true. But here’s the money shot, which is where I part ways with the Biden Administration’s reasoning–
LIFO is a critical tool in controlling non-meritorious or fraudulent applications filed to take advantage of the backlog in order to obtain work authorization. But for LIFO, the backlog would doubtlessly be worse.
The evidence for this supposition is weak, and as I view things, based more on coincidence than causation. While the number of new cases decreased under LIFO, other factors–such as the Trump Administration’s Muslim travel ban, “extreme vetting” for visa applicants, and the coronavirus pandemic–better explain the reduction in new asylum filings. Here, we’ll examine how LIFO affects the backlog, and why I think the agency is wrong to conclude that the last-in, first-out system helps prevent fraud.
First, let’s look at why USCIS thinks LIFO helps reduce the backlog. For those not familiar with LIFO, this is the “last-in, first-out” system whereby USCIS prioritizes new asylum applications over old applications. Contrast this with FIFO, the “first-in, first-out” system that was in effect from December 2014 to January 2018. Under FIFO, cases were interviewed in the order that they were received (first come, first served).
In the letter to Representative Connelly, USCIS states that LIFO was implemented to help reduce the asylum backlog from the 1990s. USCIS states–
During the first 20 years of LIFO, the backlog was reduced from a high of 400,000 to just under 5,000 cases by 2009. By the beginning of FY 2013, just over 4,200 cases were pending adjudication longer than six months.
This paragraph seems a bit disingenuous. In 2009, the backlog stood at “just under 5,000” cases, and in FY 2013, 4,200 cases “were pending adjudication longer than six months.” This comparison is apples and oranges. In fact, the backlog by July of 2013 (the earlies date I could find data for) stood at 28,699, which is significantly more than the “4,200 cases” mentioned in the USCIS letter. Why is this important? Because the data shows that the backlog was growing in the years before December 2014, while LIFO was still in effect (in December 2014, just before USCIS implemented FIFO, the backlog had grown to 73,103 cases).
On the other hand, it is true, as the USCIS letter states, that the backlog grew more quickly under FIFO and then slowed down again after LIFO was re-implemented in January 2018. For the 17 months prior to FIFO, the backlog increased by an average of 2,614 cases per months, though by late 2014, the backlog was already growing at an increasing rate (about 3,500 cases per month). Throughout the FIFO period, the backlog increased by an average of about 6,264 cases per month. The question is, Is this a trend that was happening anyway or did FIFO cause the increase?
We can start to address this question by examining what happened after LIFO was re-implemented in January 2018. Unfortunately, data for this period is difficult to come by. According to the USCIS letter–
After the re-imposition of LIFO, the number of affirmative asylum applications filed per year decreased from 141,695 in FY 2017 to 106,147 in FY 2018 (-25%); to 95,959 in FY 2019 (-10%); and to 94,077 in FY 2020 (-2%). Since re-instituting LIFO, the annual growth of the backlog has dropped dramatically to only a 10% growth in FY 2018, a 7% growth in FY 2019, and a 13% growth in FY 2020.
Again, this claim is a bit dubious. While the backlog is increasing at a lower proportional rate, in absolute terms, the backlog is still increasing quickly, even under the “new” (post-January 2018) LIFO. For example, on July 31, 2020, the affirmative asylum backlog stood at 370,948 cases. Two months later, on September 30, 2020, the backlog had increased to 386,014 cases. That’s an increase of 7,533 cases per month, which is 20% greater than the average monthly increase under FIFO (while the pandemic made it harder to interview cases, it also reduced the number of cases being filed since fewer asylum seekers could reach the U.S., and so it is not clear how badly the pandemic affected the backlog).
In addition, there exists an alternative explanation for the decreasing numbers of new asylum applicants post-January 2018: The Trump Administration had made it more difficult for foreign nationals to come to the U.S. If fewer people are coming here, fewer people will seek asylum. And so while there is some coincidence between LIFO and reduced asylum filings, there are simply too many factors to credit LIFO with achieving that result.
Aside from the data, the idea that LIFO reduces people’s incentive to file for asylum does not really make sense. For one thing, even though the government implemented LIFO in 2018, most new cases did not receive interviews. Even those cases that received LIFO interviews and were then referred to court (presumably because they are not meritorious) ended up pending in court for many months or years. So if–as the USCIS letter claims–many people file fake asylum cases in order to get a work permit. LIFO did almost nothing to reduce that incentive.
In sum, I think the jury is still out with regards to the effect of LIFO on the backlog. There are simply too many variables to parse out whether LIFO made a difference. Maybe if USCIS releases more data, we will begin to get a clearer picture of the policy’s impact on new applications, but so far, we do not have enough information to reach a firm conclusion.
One last point. There is an assumption built in to USCIS’s logic with which I disagree. The agency seems to believe that a significant percentage of asylum applications are fake. In the title to this article, I refer to such logic as “Trumpian,” but in fact, this logic long pre-dates Mr. Trump. While many applicants do not qualify for asylum for technical reasons (no nexus, for example), it is rare for the U.S. government to find that an asylum case is actually fake (I have done hundreds of cases and only seen such a finding two or three times). This does not mean that fraud is not a problem, but there is simply no evidence that a large portion of asylum cases are fraudulent, and so USCIS should stop using this as a justification for its policies.
Personally, I think LIFO is incredibly unfair. My clients–and most asylum seekers–do not want delay. They want a decision. Placing new cases ahead of old cases, and then leaving old cases in eternal limbo, has hurt many people and damaged the integrity of our asylum system. Given all the negative externalities, USCIS should more comprehensively review the effects of LIFO to determine whether it is accomplishing what they think it is accomplishing. If not, we should return to FIFO, which was more fair and gave people more predictability and more hope.
[…] towards older filings. This first track is basically LIFO-the last in, first out system that I have frequently criticized as unfair and ineffective at preventing fraud (its purported […]
Hi Jason,
My EADR expedite under the medical worker request was denied but my original application is still on-going (8 months counting and hoping the counting will end positively soon). My question, is the denial going to after my application or is it going to delay it or which impact is it going to have on my on-going application?
Thanks always.
Grace
I would imagine that it has no effect (unless maybe they think you tried to lie). Why they would deny such a request, I do not know, but you can also try to expedite the “regular” way – I wrote about that on January 29, 2020. Take care, Jason
Hi Jason,
My Asylum status was approved on May 17 2017 and subsequently I received my Green Card on 8th June 2018.
When shall I be eligible to file application for naturalization (N-400). Will the 5 year eligibility criteria be counted from the day my Asylum Status was approved? What are the documents that needs to be submitted along with Form N-400? Further what is the normal time to process the application after submissions of the required documents?
Thanks.
James
You have to look on the Green Card itself, which should say “Lawful Permanent Resident since” some date. From that date, you can file the N-400 after 5 years, but you can actually mail the form up to 90 days early, so that would be about 4 years and 9 months after the date on the Green Card. In terms of documents, it depends on the case, but at a minimum, you need a copy of your GC (front and back), copy of passport and birth certificate (if you have them), copy of divorce documents if you were ever divorced, 2 passport style photos, and the fee. We also usually include the order granting asylum. Other documents may be needed depending on the case, and so talk to a lawyer if you are not sure. Take care, Jason
Hi Again Jason,
Our family are refugees under UNHCR and we are linked cases and we have UNHCR case number, I am a U.S. Citizen and I filed I-130 Petition for my refugee parents.who are outside the United states. My case is not humanitarian Parole.
The Form DS-260 asks the following question:
Are you likely to become a public charge after you are admitted to the United States?
If you answer yes please explain below
Should i say yes since we are refugees under UNHCR with linked case. If i pick yes will i get rejected for the visa. If i check mark box yes what do i explain.
Do i need to submit affidavit of support since we are all refugees and have UNHCR file number. Am i required to file Affidavit of Support when my income is lower than i-864P, 2021 HH Poverty guidelines for Affidavit of Support?
Great thanks Jason.
Sorry – I still really do not understand. If you are a US citizen, you are no longer a refugee, and so I do not see why your prior status as a refugee is relevant. As far as I know, you have to file the I-864 for your parents. I think you will have to talk to a lawyer who knows more about the specifics of your case. I did a post on September 22, 2016 where I provide links to non-profits. One of those might have some expertise about refugees, and maybe you can contact them for some advice. Take care, Jason
Hi Jason,
Our family are refugees under UNHCR and we are linked cases, I filed I-130 Petition for my both parents.who are outside the United states.
The Form DS-260 asks the following question:
Are you likely to become a public charge after you are admitted to the United States?
If you answer yes please explain below
Should i say yes since we are refugees under UNHCR. If i pick yes will i get rejected for the visa. If i check mark box yes what do i explain.
Do i need to submit affidavit of support since i am a refugees and my income is lower than i-864P, 2021 HH Poverty guidelines for Affidavit of Support?
Great thanks Jason.
I guess I do not understand the question. Only a US citizen can file an I-130 petition for a parent, and the public charge question should no longer apply to that. Plus, you would file an I-864 affidavit of support. Do you mean you are filing for humanitarian parole using form I-131? I do not think that requires a DS-260 though. Anyway, maybe let me know, but I do not do much consular work and so you might need to consult with a lawyer who does such cases. Take care, Jason
Jason, as always, very informative post.
As an assylum seeker who is in the backlog for 7 years, I wish if they atleast could do 75% LIFO and 25% FIFO. This could bring back our hope that one day we could get an interview.
Hi Jason,
I filed I-130 Petition for my both parent who are living outside the United States and they are refugees. Only the Petition for my father was approved while the petition for my mother is still pending. May i know what is happening? May i know i know if it will take longer to receive the second approval for my mother?
Thank you for your help.
It is pretty common for different petitions to take different amounts of time, so unless there is a long delay, you probably just need to wait a bit longer. If the delay is too long (outside the posted processing times), you can call USCIS to inquire at 800-375-5283. Take care, Jason
Hello everybody . Is there anybody here who actually has its Green card based on asylum pending at the National Benefits Center ? Please kindly share your timelines . Mine :
– Sept 2020 Sent Application and Received by NBC , from GA
– Nov 2020: Fingerprints applied to case
Radio silence after this , it’s been year and I don’t know what to expect. I’m worried as days pass and I don’t see any progress
Off topic, but I appreciate the use of the term “radio silence.” It speaks to my generation. Take care, Jason
Hi Nelly,
-November 2020 sent application to Dallas and received by NBC
-Mars 2021 old fingerprints applied to case.
I spoke to a USCIS representative once and I was told that my GC will be processed at my local field based on the family based processing time. I don’t believe that as my application is still pending at NBC. Have you signed the petition below by Carla Cruz?
If you can, please do. Good luck
We have a group chat for pending Asylum Green Card, please join: https://t.me/joinchat/k8Ecc-pxXdE3MTkx
We have a group chat for pending Asylum Green Cards but looks like I can share the link here. Look for pikaciu012 on Reddit. There is also a USCIS group. Maybe we ca get in touch.
Hi Jason
We are in urgent need of travel.
We might need to apply for advance parole and send my husband to see his mother as she is having a surgery:
1. Will he be able to enter back without any issues to USA even though he has to renew his passport and travel along with and AP due to this emergency.
2. When he is boarding his flight from the 3rd world country are they going to be issues him boarding the flight.
3. We will need to apply for advance parole at the same time his EAD is expiring are we doing to have an issue if they find out he has renewed his passport ?
4. Myself and 2 kids will be staying here and my husband will be flying; is it safe for him to travel on AP?
5. For how many weeks can he be out of the country on an AP? and return back to USA.
Thank you as always helping and answering our questions we would not have been informed at all if not for your blog.
Mahek
1 – I do not know his situation, so it is difficult to say, but if a person has valid Advance Parole, he should be able to re-enter the US (absent an order of deportation, a pending case in Immigration Court, or criminal or terrorism type issues). I wrote about AP on September 11, 2017. 2 – Presumably, but I do not know about that. The AP document functions as a US visa, and I have not heard about people having problems boarding flights, but maybe you want to check with the airline to try to be certain. 3 – Assuming this is based on asylum pending, he can apply for AP at any time. It has nothing to do with the EAD. 4 – see # 1. 5 – As long as the AP is still valid (and his passport is valid), he should be able to return. Take care, Jason
Hi Jason, I am an Asylee my last EAD(A05 category) expires on February. This is my 3rd EAD since 2016. I waited for an interview 4 years. Now have an I-485 pending since April (1 year ago I had my interview and became asylee) do you think I should apply for the 4th EAD from now on? If I wait for green card it has been already 6 months and don’t know when it will be approved or send it to me. I just want to make sure if my GC doesn’t come before my EAD Expires. What would you recommend? I really don’t want to spend money also but since 2015 i have been paying for my EAD , RTD and I-485.
If you are using that ead to able to work I wouldn’t take the risk. You may endanger your job. But if you have unrestricted ssn and it is ok for you and you do not need a driver license for some time than you do not need to have ead till you get your green card
@First Responder, He/she doesn’t need EAD for anything, whatsoever.
I presented my employer with my I-94, SSC, and DL, and that was it. I did not even need to present the I-94, as I later learnt. Oh well!
Also I presented the DMV with the same documents.
With the same documents, my house has been homesteaded as well.
Had a push back at the dmv, including with supervisor, who seemed more interested in rubbing in the fact that I was a non- immigrant, and insisting on issuing the same 2 year validity DL.
I tried to educate her politely, but once she started with,” trust me, I have been doing this for years and I know what I am saying( she was so condescending in her tone that you would think she was establishing that I was a criminal)”, I knew I would be wasting my time with her, so I politely thanked her, and left. When people are confidently ignorant, just leave them alone..
Got in my car, called the county DMV Customer service, requested a manager and told the manager what transpired ,and thankfully, the manager knew her job.
She told me to go back, and that she was emailing that particular DMV to issue my DL. My current DL does not expire until 2030.
I think this may differ by state, so maybe not all states give the full DL to asylees. I KNEW my state does before I went to request it, so research before you go.
I honestly don’t understand why asylees keep wanting an EAD, when they can clearly work , and renew DL without one .
Pending asylum folks are loosing jobs because of the EAD backlog, and asyless who do not need one are adding to the backlog.
Maybe someone is thinking, my employer or dmv would insist on EAD.
Politely educate them, and if possible, let them understand that requesting a document that is not required is tantamount to discrimination.
Here is my mindset and I have said it here before. If US government says any document is enough for me to live, work or drive here, I will remain thankful and grateful for that privilege, and would never take it for granted.
But if anyone in the private sector or at the state level tries to intimidate or discriminate against me based on that privilege, I will politely read them my rights as a result of the privileges they cannot control at those levels. So long as you do your research well, and have your facts, truth always prevails.
Just be respectful, professional and polite, and at the back of your mind, “I am not a US citizen, and cannot act as one”. There is always a higher up person to talk to, to request the right you have by the privilege the US government has given you.
Tina,
You are a good fighter who knows your right and position clearly! You are one of tireless best ‘panelists’ in this blog. I salute ! Keep educating and advocating for the rights of asylum seekers.
Sambod
@ TINA
IF you present those same documents in Pennsylvania to renew your DL , it wont work at all. Here they need physically immigration document card in your hand, be it GREEN CARD OR EAD. its that simple. NO matter how hard one try to educate them, they just do not understand Or Care.
@Dove, I am not in Pennsylvania, and have no first hand experience.
I do think that some states may not issue the 10 year DL with Asylee Status, but I am 100% sure you can work and renew your DL with your I94 and unrestricted SSC. How long the DL will be valid for, I have no idea. Just have a copy of your old DL.
For work, if you do not have any valid ID to present to your employer alongside the unrestricted SSC and I94(I94 is really not necessary), the two would not suffice, because they do not have your photo.
An EAD + SSC become necessary in this case, because the EAD would serve as both as work authorization, and ID.
Can you share details: did you travel while your case was pending with RTD ?
Where did you travel to and was it easy to pass customs and border patrol agents ?
did you travel to 3rd world country? please share details as i am in a similar situation
thank you
You are eligible to work without an EAD, since you are an asylum seeker. Unfortunately, many employers and DMVs seem not to know that. If you feel you need the EAD, you should probably re-apply, as the GC process is very slow. Maybe consider a fee waiver, form I-912, if you are eligible, and then you can avoid the fee. Take care, Jason
¡¡ATTENTION ASYLEES!! Please read : more movement is happening is regards to pushing USCIS to STOP abusing and inflicting pain on trauma filled asylees, by holding hostage thousands of A05 AOS applications at the National Benefits Center and Texas Service Center . The majority of these applications have been paid by checks using funds from many of whom are even unemployed or risking eviction. As you are aware USCIS is a ruthless institution who has NO respect for the time and dignity of applicants. The most marginalized type are asylum seekers and asylees. We need your help to raise more awareness on their barbaric mistreatment. Please make sure you sign the petition , contact your senators and ombudsman and also very importantly ! If you would like to write a letter respectfully addressing NEW DIRECTOR Ms. Ur Jaddou . Send it to their headquarters at : 111 MASSACHUSSETS AVE NW , WASHINGTON DC , US , and demand accountability and expose the intentional backlogs at NBC and TSC. If you SPEAK UP and expose the abuse , change will happen . Start NOW >>>>>>>>>
https://www.change.org/p/the-white-house-uscis-stop-ignoring-and-marginalizing-a5-category?recruiter=1228251620&recruited_by_id=88a61580-22df-11ec-9e6d-b50ab6d77681&utm_source=share_petition&utm_medium=copylink&utm_campaign=petition_dashboard
I mean…it has appeared several times…
I mean…it has appeared several times…but I suggest something bigger … group lawsuit or let’s all go to the News station … I am in …
@”asylum Seeker”
Which TV station should we meet you at?
I may be in too.
I didn’t send the message directly above you…
I don’t like such advocacy tho…I wish asylum seekers and advocates are more subdued…I am a little concerned that such insurgency are going to disrupt the status quo that I favored…
@Tina,
This “Asylum Seeker” doesn’t seem to be the kind of personality that can show him/herself to people and behave like a normal human being. He/she always like to remain anonyms and cannot be seen easily.
@Asylum Seeker
In my opinion, you could be %100 belong to one of the following categories (This is just my imagery about you):
1- A frustrated asylum seeker or immigrant who just hate immigrants for no reason; it could be jealousy, revenge, or something else.
2- A retired racist, having one of the grandpas belong to KKK, who spends most of his life in hate and racism with an unexplained reason.
3- A disappointed individual who has never been capable to find a good job with his/her completed high school degree.
4- A nerd who psychologically needs some help, although has earned a college degree and long professional work experience.
5- A devil old woman who lives in a big old house alone with her dog, using a dusty desktop in her creepy basement writing down against asylum seekers in this blog.
6- A wealthy landlord who believes that he/she will earn more money if no immigrants exist.
Your tones, unfraternally, show a very ugly face of your character. I am not sure what kind of principles and morale you belong to. However, based on a humanitarian assessment level you do something very wrong. This website is used by a group of educated asylum seekers who ask for legal advice by a great professional lawyer, Jason; your childish comments can never affect them or make any negative change in their current circumstances.
Do you REALLY believe that an asylum seeker would be highly discouraged by your weak and trashy comments??!! Do you really believe that an asylum seeker would get hurt or try to withdraw his/her application after reading your funny and childish comments??!! You could say “Yes” if that is how you think asylum seekers are. I assure you that you, and people like you, have already and greatly lost this game and never win. Messing up with immigrants is just a great waste of your time until the end of your life: Just a friendly tip.
Uh…
I mean……
…Okay, next ?
I knew you were not responding to me, and as I already anticipated, you missed the sarcasm in my response to your attention seeking troll.
Hopefully, I am subdued enough in this response.
😊
You are 🙂
I like subdued asylum seekers. Not outspoken ones
I agree Carla , we have cannot stay silent. In fact , I wrote to my senator today explaining the National Benefits Situation and we’ll see what happens . Every time I chat with an USCIS agent they just say “ all you have to do is wait” . They are sick in the Head and filled with evil . Do you or anyone know how to write to president Biden ? We have to explain to him how this devil agency is ruining lives
ruining lives? I imagine asylees would be happy to not be murdered in their home countries.
Hello Jason,
Thank you for your great help for asylee and asylum seekers.
I have 1 question I have applied for asylum in 2016 but I haven’t called for an interview from asylum office.
Hope very soon. I had TPS status also but I didn’t renew it in 2019 because some people said if I have TPS status they are not going to call for an interview until it does not expire. Now I want renew(registration) it.
So does it effects to my upcoming asylum interview like they will not call me if I am still in TPS or I need to wait till my renewed TPS expired?
I lookforward hearing from you.
Regards
Dolma
My sense is that TPS has no effect on whether you get called for an interview. It potentially affects what happens if the case is denied (final denial vs. referral to court), but as far as I know, it does not affect whether you get an interview or the substantive decision itself. Take care, Jason
Should I withdraw my asylum case if I already located a 3rd safe country ? or should I keep it going ?
Home ownership:
Do asylum seekers usually buy house or rent ?
As stated in the previous posts, so many asylum seekers buy houses, like my cousin who has bought a big house in Michigan. I’m also in the process of buying a house. The great thing about asylum seekers is that they never become homeless. If they do, it would be absolutely rare and will never be significant.
Bassam, actually, many asylum seekers do, in fact, become homeless when they come to the U.S to seek asylum. The U.S. doesn’t have a system in place, like Canada and some European countries, for example, that provide shelter to asylum seekers. While there are many non-profit organizations in the U.S. that provide some kind of assistance to asylum seekers, in the U.S., you must be granted asylum, which is very weird, before you can get benefits from the government. And, even after you’ve been granted asylum, you have a very limited time to apply for those benefits.
My family and I experienced homelessness for months.
And by the time my asylum was approved, I earned a little “too much” to qualify for any assistance.
For clarity- I just wanted to see what asylees are entitled to, and had no intention to apply for assistance(Just for my own dignity since asylum seekers are perceived to depend on the government).If I survived for years without assistance with pending asylum while earning much less than I do now, there would have been no need even if my finances made me eligible.
For what its worth, studies have shown that refugees (who presumably have less resources than asylum seekers or asylees) contribute more to the economy than they take, so even if people need some help, it is very likely that they will repay that help and much more over the course of their working lives. Take care, Jason
Hi Jason, i hope you are doing well. I have a quick question. Can organizations like refugee centers be a sponsor for affidavit of support for I-134 for my parents parole from afghanistan? my friends is low income. they can not be sponsors. Thank you
Probably an organization can be a sponsor or find you a sponsor, but whether there are organizations actually doing that, I do not know. I did a post on September 22, 2016 with a link to non-profit organizations throughout the US – maybe reach out to some of those to see whether they can advise you. Take care, Jason
Jason what steps would it take for this administration or the next to dissolve USCIS in its entirety . Meaning changing the name , firing past and present workers and rebuilding a new agency with total new people and different approach ? I think this is a good idea to suggest to congress too. This agency is synonym with pain , chaos , evil, and incompetence. I don’t know if you’ve notice but things are getting worse each day even with the new director. it’s like a cancer the only way to heal is destroy the root cause.
GOD Bless you Mr Jason. Hope you are doing well. Thank you for many you are helping. I have a concern . Since 1991 , i am a pastor . Have been ministering in Ghana from 1991 to 2003.
2003 left Ghana for here still ministering til now 2021 in Maryland. Came with a B1/B2 Visa. Coming from Ghana we can’t file for Asylum but hear Pastor can have green card . Looking at my journey can that be applied to me also? And if so,what is the procedure and form i can file? Please any advice will really be appreciated Mr Jason. Be blessed and thank you again.
@decendant of Abraham, if you feared persecution or were persecuted, who told you that your Nationality precluded you from seeking asylum?
I am just curious as to how you have survived for 18 years.
Hopefully, something changes, and you receive GC.
People from Ghana can file for asylum, but normally you would need to do that within the first year of arriving here. There are exceptions, and I wrote about that on January 18, 2018. In terms of other paths for you, that is very specific to the case, and so you should talk to a lawyer. However, the only realistic options are probably getting your status based on a US-citizen spouse or a US-citizen child who is over 21 years old. If you are in Immigration Court, Cancellation of Removal may be an option. There may be other possibilities, but talk to a lawyer to go over the specifics of your case. Take care, Jason
Thank you Very much Mr Jason. My concern was about two forms as a pastor that i heard of : form i-360 and form i-485 . Just wanted to know if i can qualify for them Mr Jason. Because sometimes when not aware aware we make mistakes. Please can those apply to me? Thank you and be blessed.
Maybe you are thinking of the R visa for religious workers – I think if get an R visa you can adjust status using forms I-360 and I-485. I am not sure, as I have not done such cases since I worked at Catholic Charities in the 1990s, so you would have to check that. However, since you are out of status, I think you would not be eligible to get an R visa or a GC on this basis without leaving the country. Given that you have been out of status for a long time, if you leave, you will likely be barred from returning for 10 years. In short, you need to talk to a lawyer to check your options, but my sense is that this path will not work (though it may be worth checking). Take care, Jason
Be blessed Mr Jason. Thank you very much.
Asylum seeker’s social:
I want to ask a question that’s been puzzling me. So as an asylum seeker, a person should be running away from…a particular country and its people because of danger.
Okay and then this person comes to the U.S….now…does this person…go back to his/her/their ethnic community ? or try to stay away from their ethnic community, and try to mingle with the mainstream community ?
Because there has been repulsiveness when I try to mingle with the mainstream community…but as an asylum seeker, I am also kind of worried about going back to my ethnic community because…after all, this group might…share the same characteristics that I am running away from…so I am stuck in the middle…
Asylum seekers do have their own communities and reunite in the U.S. even much better than they have done in their home country. They also make very good contribution with the U.S. culture. I’m not sure what kind of phobia should exist at this point.
Hello Jason,
Thank you so much for helping all the immigrants. I have always been a big fan of your blog. Your blog has been a big help in my asylum journey. I was granted asylums from court Oct,2020. What are the documents do i need to submit while applying for a permanent green card? I qualify this month. Can i wait till Nov to apply it? I am starting a new job this month. I want to wait till my payroll start. What is the wait time for Texas? Do you have any idea?
Thank you so much.
You have to check the I-485 instructions for what is needed, but at a minimum, you need the form, the fee, 2 passport style photos, copy of your passport, birth certificate (if you have that), and asylum approval. But other items may be needed depending on the case and you have to check the I-485 instructions to be sure. As long as you have been in the US for 1 year or more, you can apply, so November should be fine, assuming you have not left the US since your asylum was approved. Wait times for the GC are variable, but most of my clients seems to get the GC in about 1.5 or 2 years – in some cases, it is longer. I think the post wait time in TC is 5+ years, but we have not see cases take that long (at least not yet). Take care, Jason
¡¡ ATTENTION ASYLEES!! Please read: Today is Monday , a new week and another day of thousands of asylees being stuck at the “National Benefits Center” and “Texas Service Center” . The incompetent and malicious individuals who operate the system at USCIS , DO NOT WANT to transfer your case or have it finally adjudicated. It is not about resources it is about priorities. And A05 AOS is not even at the end of the list. ENOUGH IS ENOUGH . We are gathering signatures please sign , @CORDY below posted the link . And Do yourself a favor and TODAY file an ombudsman request and expose the intentionally created backlog at the “NBC” for Asylees. Tell your senators how USCIS is abusing the humanitarian relief code , cashing the checks of trauma filled asylees , and inflicting more pain with their beloved “LIMBOS” . Start NOW , Call USCIS , ask for a TIER 2 and confront them , Write to your senators and explain , and Today expose the abuse to the ombudsman . If you don’t SPEAK UP and make your voice heard . NOTHING WILL HAPPEN. . . You can come and read blogs about situations and the misery of the system , but it is useless . We need action >>>>>>>
https://www.dhs.gov/topic/cis-ombudsman
Hello Jason and everyone,
I encourage readers here to take a minute to fill out this petition. This isn’t a magic stick to finally get USCIS to do its job but we cannot sit here and just wait for them to wake up from deep sleep. Especially those of us who can’t afford a lawsuit. It’s very easy to fill out. Share with others that might be interested.
https://www.change.org/p/the-white-house-uscis-stop-ignoring-and-marginalizing-a5-category?recruiter=1228251620&recruited_by_id=88a61580-22df-11ec-9e6d-b50ab6d77681&utm_source=share_petition&utm_medium=copylink&utm_campaign=petition_dashboard
@ Cordy,
Hopefully, things change for the better.
Tina, finger crossed. 🙂 They are delusional if they think we are just going to give up because of their dirty practices.
Dears Jason and Asylum community,
I would like to start this post with a big THANK YOU to all of you. I’ve been an avid reader of this blog and it was the best source of information on immigration you can find anywhere online, but besides being very informative, this blog gives hope and support that is needed to anyone who is facing immigration battle and trying to have a better life. I’ve never used my real name when making posts or replying to anyone (usually I’ve just presented myself as SEEKER) so let me introduce myself, my name is Ivan and I am originally from Russia, but currently reside in Florida. Here, I would like to share my story with you.
I came to the US in 2012 for business school and have graduated with MS in Finance. In 2015 I’ve found out that there is criminal case and investigation that is opened against myself and that became a base for my Asylum. I’ve applied in December 2015 and have been in a backlog ever since. In 2017 I’ve started a job in the new company and that’ve changed my immigration path for good. After working six months at the new job, I’ve asked my manager at the time if this company would be able to sponsor my Green Card (EB2/EB3). The backlog on the Asylum cases pushed me to seek other alternatives. Thankfully, it was usual practices at this company, and they’ve agreed to do it. I’ve consulted probably around 12-15 lawyers and have spent a lot of money on all of that, but only one immigration attorney assured me that I will be able to adjust status within the US and without leaving the country, because I have maintained lawful presence when have applied for Asylum, but when I’ve started GC process I was out of status. Even this blog and especially comments section was saying otherwise, and I was afraid that it is true and that I would have to leave the country if I want to adjust the status. Today, I would like to declare that I’ve received my EB2 Green Card over the weekend and I didn’t have to go through the interview process. My Asylum application is still pending, but we will be withdrawing it shortly.
This post is my thank you to all of you as I got much needed support from reading everyone’s story and those who shared their knowledge of what is going on in the system. When I met with some of the lawyers, I felt like I know much more of what is happening in immigration world than they did and it’s all because of you. Immigrant community is strong, and we should help and support each other, and this blog gives a platform to share and discus. Jason, thank you for doing that. I am sure people are looking forward to your weekly posts. I, myself was looking forward for the comments section and see what people are talking/discussing this week and share their stories.
To all of you who is still waiting and working towards your dream I want to give couple advises.
1- Always talk to multiple lawyers and try to get the feel if they truly know what they are talking about and not just trying to get your money. Majority, unfortunately, look to get easy $ and don’t care about your future. That’s at least my experience.
2- If you have an opportunity to apply for GC without asylum, do it. It’s worth trying and it can work, my example proves it. It is probably also depends on the USCIS office and each office treat cases differently, I know that some of you have tried EB2/EB3 path and it didn’t work, but it’s worth trying rather than waiting for Asylum interview to happen. I consider myself lucky that I got it without interview or any major hassle.
3- Live your life. Don’t let stress of waiting control your life. I know its easier said than done, but you must do what you really want to do with your life. Life goes by while you are waiting for decision. I myself stressed so much about this whole situation and spent numerous sleepless nights reading blogs and immigration stories of people like us. I cannot be thankful enough to my girlfriend, who is an immigrant as well, for all the support she gave me.
Thank you all again. Love you all and hope to see you all on the other side. If anyone needs any help and talk about how the process of EB2/EB3 works, comment to this post and we can get connected.
Regards,
Ivan
Congratulations Ivan and thank you for sharing it. I am in the same boat, hopefully, it can work for me as well. What I have heard is that it is an officer/office discretion.
Thanks @EB2 SEEKER! I wish you all the best and hope that you will get yours soon!
Thanks Ivan for sharing your story! I’ll apply my NIW based i140 very soon, hope I can get my i485 approved! Good luck
Thanks @NIW! I wish you a good luck and hope that everything works.
Would you please suggest any attorney who so honest job in NIW cases?
Thanks
Hi Ivan,
Can you please share the time lines on this? I am also planning to do the same as this waits for last 6 years is killing me.
Hi @ASYLUM PENDING.
Here is my timeline:
1-May/June 2018 I’ve started conversation with my Manager
2-June/July 2018 started working with company provided lawyers. I had two lawyers. One is company provided, I am not going share the name of the firm, but they were doing a super poor work, not just on my case, but my other collogues had similar issue as me. In about 4 months my company switched to a new law firm that represent us to this day. By rough estimation, I’ve lost about 6 months because how unprofessional first lawyers were. I also had to hire outside representation to manage Asylum case. My company lawyers did not take Asylum case as the didn’t know how to approach it.
3-In December 2018 we did the Job qualification review. Its a step when they market the job to see if US Citizen can be found for that role. Usually it takes 1-2 months. Also, before that they need to do a salary review to see if company pays you market average or more for the position with the same qualifications on the market.
4-Then there were couple other steps and submission of some forms (I-140 etc.)
5-I had to wait for GC priority date become Current and that happened in Oct. 2020.
6-Recieved my EAD/AP document in August 2021; Request for Medical in September 2021 and then GC which dated Sep 28th.
I had issues with my original company lawyers and overall lawyers were slow and I would say we’ve lost 6-10 months, but GC priority date wasn’t current and also COVID affected big time so this lost time is not really lost, but lawyers were super unprofessional and couple time they’ve literally lied that something done, but it wasn’t, hence they god fired 8-10 months into the process and new firm got hired.
You best case scenario is to do all process within 20-24 months. It took me about three and half years. You also need to remember that within this period you cannot switch employers or even jobs within company, this rule is super strict and no one recommends to to do any changes.
Overall process can be stressful, but its worth it.
Let me know if you have any additional questions.
Thanks,
Ivan
Thanks for sharing this. Can we connect directly through email / phone?
Sure! Here is my phone [redacted]
I will leave this up, but I caution people about putting too much person info here – anyone can see it. Also, if you let me know, I can take it down, but as time goes on, it becomes impossible for me to remove old posts (just the way the blog works). Take care, Jason
@IVAN
Can I ask your mindset when you are trying to have your employer sponsor you or put your digits online ?
It is something I don’t think I will ever do.
What makes you feel … the peace of mind when you have your employer sponsor you ? Because if you have your employer involved in your immigration case, other unauthorized people will have your confidential information…wouldn’t it be pretty dangerous ? Since your employer will know your immigration status and national origin. what if one day there is dispute…and your employer reaches out to ICE for inquiry or…passes your information to your country of origin’s government agency ?
Is there some kind of safety precaution of assurance for you already ?
It is never unsafe for an asylum seeker to provide his/her employer with SSN, as ALL employers in the U.S. has a legal obligation to complete form I-9 and initiate E-Verification for their new hires. As an asylum seeker, I have been doing that for the last six years and I feel my current life is even much safer now.
Additionally, my neighbor, who has been an asylum seeker for 4 years, once sued his supervisor for making discrimination. He won the case in the court and the company gave him a huge amount of money, then the supervisor got demotion and he finally quitted his job. ICE is a federal agency that does his job professionally. They don’t arrest any asylum seeker if it is not for a very reasonable reason.
Thanks for sharing the story! May I know if you have received RFE for your i485 for not maintaining you status? Which state did you apply in? Is there any way that we can connect sir?
@PENDING I140 I only received RFE for medical and nothing about the status.
Thanks Ivan,
I will give you a call as well. I have been waiting for my interview since 2016, My employer will be willing to file EB2 on my behalf. Can you please share which attorney was successful in helping you. I will contact that attorney directly.
Please share the details of the attorney.
Thank you very much Ivan….You are a ray of blessing …we are very tired and exhausted waiting for 6 years now for just the interview. Our asylum case is veru strong as we are from middle eastern muslim country but our employer is now willing to file EB2 for us.
As far as everybody else told us on this platform, it was clear that people have to leave usa to get green card based on EB2 but it seems you have a success story. We will aslo like to try this.
Thank you very much again for the help.
Considering the above timeline, I guess patiently waiting for the asylum based green card may be the way to go for people with approved aaylum..
If it typically takes 20-24 months, it may be worth exploring by those waiting for interview, because it could be faster.
Hi Ivan(@EB2 APPROVED),
First of all congratulations this post made me so happy. I am in a similar boat and I am wondering if we could connect for a quick chat. I’d really appreciate the help.
Wondering who was the attorney you had.
Thank you
Hi Ivan,
My friend Congratulations on your green card. Can you please help us. Our employer is also willing to file EB2 for us. Can you provide the details of the attorney who was able to get you green card based on EB2 without leaving USA. Please share the details of the attorney and we will hire him also.
Please help us we have been waiting for interview since 2016. Please share which attorney was successful in helping you adjust status without leaving usa.
Hi @IMAN,
[redacted]
Thanks,
Ivan
Thank you very much… you are an amzing human being, may GOD bring you a lot of happiness and blessings….Thank you very much…
Hi Iman,
Is there a way you could share the attorney info that Ivan shared with you with me as well? Thank you
I can’t leave info about attorneys up here, as I do not know them and it could cause problems for me. Better if you can have the person email you and share info that way (or maybe they got it before I took it down). Take care, Jason
Thanks Jason,
I wrote down the information of the attorney provided by Ivan. I will contact the attorney this week and discuss my case with him. Unfortunately many attorneys don’t know how to do such cases so it becomes extremely difficult to find the right attorney who has successfully done such cases in the past and has the knowledge to do it successfully….
Now I have seen many people mention on this forum that they did their EB2 processing successfully in a third country…that is also a good option with advance parole to go to a 3rd country and get the visa stamped there.
If you talk to her, and she wants to write an article about it, we can post that on this blog with her contact info. But otherwise, I cannot post attorney info on this blog. Thank you, Jason
Hi Ivan,
Congrats on your greencard. Long story short, similar to your story we applied for asylum when still in status. Company applied for EB2, got I140 approved, applied for i485 and got denial due to not maintaining legal status. Appealed it, got rejected again. Now we are filing mandamus. I got your number but just don’t want to bother you on your personal phone. Could you please email me at EB2.Aslum@gmx.com so we can be in touch. Thank you so much.
Correction: EB2.Asylum@gmx.com
Congrats, Ivan.
How long did your EB2 take?
Asking because I am thinking of an alternative due to the backlog for Asylum GC.
Where is your EB2 lawyer located?
@TINA it took three and a half years, but it should’ve been shorter. In comments above you can why I had some delays. I think currently it should around 20-24 months unless you are from China or India as those countries have huge backlogs.
Thanks
Ivan
Were you in any other legal status when you did AOS? Or you submitted based on USCIS error for not calling you for an Asylum interview? Thanks
@MARK. It’s in my post. I wasn’t in any legal status.
Congratulations and thank you for sharing! Maybe you relied on INA 245(k) to adjust status. If so, it is nice to know that it can work. Take care, Jason
Hi Jason,
Thank you. Yes, we’ve relied on INA 245(k). If I can I ask you, can you please remove my phone # if possible. It seems like it makes some people and now actually myself uncomfortable. Was just trying to help and I apologies that I have posted y lawyers information in the comment section.
Again, thanks for your help.
Regards
Ivan
Hi Ivan,
Congrats on your GC. Long story short, similar to you, we applied for asylum when still in status. Company applied for EB2, got I140 approved, applied for i485 and got denial due to not maintaining legal status. Appealed it, got rejected again. Now we are filing mandamus. I got your number but just don’t want to bother you on your personal phone. Could you please email me at EB2.Aslum@gmx.com so we can be in touch. Thank you so much.
This is the sense that I get – that these 245(k) cases are kind of arbitrary. Some people may get positive decisions; others don’t. The process should be more predictable than it is. I am not sure if the problem lies with the case or with the decisionmaker. I suspect it lies with the decisionmaker, but I am not sure. Take care, Jason
Ivan,
I am glad you asked for your number to be removed.
With your real name and phone number, which you provided with the purest of intentions, just to help others, I was a little concerned, because unfortunately, not everyone is good. You should be okay, because your intentions were good.
No worries – I kind of figured it was better not to post that. Anyway, it should be gone. As for the lawyer’s info, I am just worried that I will get into trouble of I leave such info up. Take care, Jason
Thanks Jason! Yes, I believe that 245(k) cases are arbitrary and based purely on the officer who gets your case. I am just a messenger here, but law firm that was handling my case explained to me that before Trump presidency 245(k) was working as intended and they were able to adjust status within the US with no issues. Things start to change since he became president and that 245(k) exclusion got some resistance from USCIS. I consider myself lucky, to be honest, that I got GC without the interview.
Again, I cannot thank you enough for the platform that you’ve built here and issues you are writing about in this blog.
Thanks,
Ivan
It also sounds like your lawyer(s) did a great job – Congratulations on the GC! Take care, Jason
Hello Ivan,
Thank you very much for your post. I’m very glad for you. You came a long and very hard way and you deserve the best. I’m from the same country as you. I have pending asylum case and I’m currently working on my EB3 case. Right now I’m waiting for my PERM and soon will be preparing all paperwork for i-140. Initially, I was thinking about CP option but your post changed everything. I very much believe you could help me a lot with your experience and information. I hope it’s still not too late to ask but could you please contact me at eb3asyl@yandex.com.
Hi Mr.Jason
Can severe depression be a basis for green card expedition? Wouldn’t that contradict the I-693 medical evidence submitted that we are in good shape? thank you
Maybe it could be. I do not think the I-693 screens for depression, and so I do not see any inconsistency. Take care, Jason
Hi Jason,
Does this mean that LIFO will stay and us who have been in the waiting for 6+ years just to get an interview will have to wait more!!? I mean how much can a person endure this suffering and uncertainty… I’ve been without a job for almost a year… no EAD and every time I contact USCIS to expedite my EAD card, they reject it!! I mean what did we do to deserve this treatment and torture?
I’m sorry Jason, but I swear to God I lost most of my sanity in the past couple of months… I’m seeing a psychiatrist who put me under medication just to cope with my depression and anxiety, which since I was out of job, they reached unprecedented level. All I want now is a valid work permit to support myself, but even that became a lofty goal.
I don’t know what I should do… only God knows what we are going through.
I mean…
That may be what it means, but hopefully USCIS will start to devote some resources to 5+ year old cases. I wrote about some efforts in that regard on September 15, 2021. The EADs are a real problem. Hopefully that will arrive soon – you might try reaching out to your Congress person about that. You can also try the USCIS Ombudsman (a link is under Resources), as they can sometimes help with delayed cases. Take care, Jason
Sorry to hear that. You can do ride-sharing or delivery without EAD. Try to contact your congress representative and ask them to help you with EAD renewal (if you haven’t done it yet).
Hi Jason,
I am currently filling out application for travel document with a pending asylum application with USCIS. I have a couple of questions for you –
1) Does hiring an attorney while filling application help in any way when returning with advanced parole? (eg. if you were denied entry while coming back with AP, is there anyway to appeal that decision using that lawyer who filed AP for me)
2) Second is about “Date of Intended Departure”. The processing time for AP is about 7 months across the board for “other travel document”. But my grandfather has terminal cancer and anything can happen before that. Is it better to put a date that is soon(2-3 months) or just put 6-7 months because its going to take USCIS 6+ months to decide anyway?
Thanks,
Tori
@tori
If you’re going back to your country while having pending asylum consider to get denied 100% at the asylum interview! Like for real u wanna go back to the COP to see your sick grandpa!! What a joke is that ! Such another fraud asylum claim
@asylum Granted
I don’t think Tori said that she is going back to COP….Why did you assume that…..Her grandfather could be living in a 3rd country………
Asylum Granted, relax! Jeez! You don’t even know what relationship Tori has with his/her grandfather. What if the grandfather raised him/her? How’d this be different from a dying parent? You also don’t know if the grandfather is in a third country! And going back to the COP to see an ailing relative is not an indication of fraud. The critical, holier-than-thou attitude is so insufferable.
1 – I guess if that attorney is available, you can call the attorney if anything goes wrong when you re-enter. I have not heard of anyone with a valid AP document having a problem to re-enter, and I am not sure what the attorney would do if you had a problem, but if the attorney has availability, maybe he or she can try to help. 2 – I would try to put both dates and indicate that you want a document for more than one trip. If you only put a sooner date, and USCIS fails to process the I-131 before that date, they could request additional evidence or even deny the case since your travel date has passed. Also, given the situation, you can ask USCIS to expedite the I-131. I wrote about expediting with USCIS in January 2020 – maybe that post would help. Take care, Jason
State id’s information:
So I will use my mailbox for my AR-11.
May I ask…can I use my mailbox address to put in the state id ? I recently checked out the template and was surprised to find out that…so many private biometric information is listed in there (sex, weight, height, hair, eye)…I mean I can probably easily change the appearance of 3 out of the 5 metrics…But…over these many years ? Why people don’t seem to have an issue with it ? These metrics, combined together, could easily identify an individual and make that person traceable…Wouldn’t this contain very serious risk for privacy and confidentiality ?
Some may argue that, providing your home address makes sure that if a person find your ID, it can be returned to you…Well…it can easily be that a murderer or robber may find their way to you…So, in light of this concern…may I ask…may I use my mailbox as my address put in my state id ?
This is so normal and I have not seen any asylum seeker concerned about it. Asylum seekers are such strong individuals that never worry about housing, healthcare, facing racism and discrimination, and fear about releasing some of their personal information.
Not every…
At least not those using this website.
@bassam
I told you my man don’t waste your time replying this sick redneck who is 100% white trash keep talking bs from Indiana or Kentucky! He is not asylum seeker he is a trash redneck
To Asylum Seeker,
You need mental health care, Locate the nearest State Mental hospital/Institute near you and get yourself checked in, you are completely bonkers
Why do you say something like that…it’s so hurtful…
Hi, I want to renew my EAD Card. Fees is $410 plus $85 Fingure prints fees. My Question is that i should make Draft of 495$ or make 2 drafts of each amount?
Republicans would never let congress pass any Immigration act or reform. Imagine 10 million dreamers and undocumented immigrants get Green Card, at some point, they would become US citizens. Historically, Immigrants vote for Democrats, so they would change everything.
You can write one check. However, I think if you are a member of ASAP or Casa de Maryland, you can avoid the biometric fee (check their websites to be sure). I did a post about that on September 23, 2020 with links to the organizations. Take care, Jason
Hello Jason I have been feeling really suicidal over the years because USCIS wait time and zero progres , can I sue them ? I feel like I want to sue them and then leave . They have ruined my life I am sick of them
You can try a mandamus lawsuit – we wrote about that on October 2, 2018. It can be an effective way to get an interview. Also, for people with depression or other health issues, that can be a basis to expedite. I wrote about expediting on March 30, 2017. Also, some asylum seekers have committed suicide due to the difficulties of waiting. There is help available – I wrote about that with some links on March 31, 2021. You should think about reaching out for some help, as the process is very difficult, and there are many people willing to assist. Take care, Jason
Hello, Jason.
I’d like to hear your thoughts on the subject. I believe that the asylum system in the United States is primarily designed for undocumented immigrants rather than asylum seekers. One obvious sign of this is the frustration expressed by some asylum seekers in the comments section of your blog, despite the fact that a large number of asylum seekers fail to appear for immigration hearings. (There are differing viewpoints on the real numbers, but they are significant in any case).
Since my arrival in the United States, I’ve been detained and worked for years with asylum-related NGOs, where I met and spoke with a large number of asylum seekers. I’ve met many people from various countries who have stated unequivocally that they came to this country to take advantage of the backlog or to try their luck at obtaining asylum as an option, and that in the worst-case scenario, they will return to their home country. In a detention center, I met people who said they didn’t care about US values or asylum; they just wanted to make some money before returning to their home country. I met young people who complained and despised their mothers because they believed they were being used as passports by their parents to cross the border and enter this country. Until I met these people in person, I didn’t believe the argument that they were a small group. You might argue that this isn’t the case for the majority of them, or that this isn’t the story of all of them, but it doesn’t have to be. There is a flaw in the system, and a significant number of people are attempting to exploit it in order to exacerbate the situation for genuine asylum seekers. I don’t hold them responsible; instead, I hold the system responsible.
I believe that various pirates, including DHS, are aware of this fact, but that no action is being taken to correct it. Many people come to the United States to take advantage of the backlog and wait time while working and saving money for a few years before returning to their home country. They are likely paid less than many Americans, but in comparison to the salary for similar work in their home country, they are well compensated. That is not a problem for me, but it is interfering with the asylum process. Business owners are among those who profit from the situation.
Many business owners in cities like New York hire lower-wage workers, the majority of whom are asylum seekers. The government is a third party. They receive a large sum of money in the form of taxes from undocumented people every year, and some of it, such as social security, will never be returned to them. As a result, I believe it is a win-win situation for all pirates, including undocumented immigrants, the government, and business owners. The only people who lose out here are genuine asylum seekers who become depressed and fearful of the unknown future after fleeing danger in their home country. That’s why I believe the system was designed to deal with some undocumented immigrants rather than genuine asylum seekers. If you pay attention to the details, there is more evidence that the US asylum system is not for genuine asylum seekers. There is a treaty between the United States and Canada that prevents you from seeking asylum in the United States if you first arrived in Canada. If you have relatives or family members in the United States, this is an exception! I had no idea that escaping danger was not enough, and that you should have family here! When I was in detention, a pro bono lawyer interviewed me and asked, “-Do you have any relatives or family here?” +No! -So, what brought you here?” I was astounded and had no idea how people’s perceptions of asylum seekers differed from the de jure definition of asylum. Other evidence includes the government’s lack of assistance during the waiting period, despite the fact that most people come here with family members who can provide assistance. Even some government lawyers appear to view the asylum process as a means of gaining entry into the country, requiring the presence of relatives.
As far as I am aware, some European countries have a completely different approach, and a genuine asylum seeker will not have to wait years for government assistance but will be able to determine whether they are genuine asylum seekers or not in a significantly shorter period of time, and if they are not, they will be deported without delay. With a fifth of the population of the United States, Germany has far fewer and limited resources to deal with millions of asylum seekers. I believe it is not difficult to create a model that distinguishes between those who come to this country as a refuge from the danger they are fleeing and those who simply come for financial gain. That doesn’t bother me, but there needs to be a way to distinguish between those who want to pass the time and spend more time in this country and those who are concerned about their safety until they obtain legal documents. Even among lawyers and asylum advocates, I haven’t seen any willingness to change the system; all I’ve seen is how to make it easier for undocumented people while ignoring real asylum seekers. I attended a few lawyers and activist gatherings about the issue where they simply insisted on how to abolish ICE or how it is a right to move between countries, while no one seemed to care about how real asylum seekers are in an emergency situation and that all resources are limited, and we must prioritize the resources to those who are truly in danger. Even my lawyer refused to expedite my case, believing that postponing is always preferable and couldn’t comprehend my dissatisfaction. That’s where I noticed that even some lawyers and activists don’t want a true system change that benefits real asylum seekers.
There are all sorts of people who seeks asylum. Many have legit cases, some do not, but there is no real data about this. We know how many cases are denied, but that does not necessarily mean that those people do not have a real fear of return. The problem is that it is difficult to create a system that protects legitimate refugees, but does not open the door to others, who may just want a work permit or to try to stay here based on fraud. That is no different than any other type of system – the criminal law and civil law also have their share of illegitimate cases. In terms of your lawyer, it is difficult and time consuming – and often futile – to try to expedite a case, and so there are reasons why some attorneys do not want to expedite or do not have the capacity to expedite. Worst case, you can find a lawyer with more availability who can try to expedite the case. Take care, Jason
May I follow up on this:
So, for people who do have a real fear of return, but for whatever reason, is likely to be denied any relief in the U.S. Is going to a 3rd safe country probably the best option ?
Also, how may you rate the U.S. asylum system compared to other countries’ asylum system ? The problem for me is that, if I go to a 3rd safe country, I might encounter that same “whatever reason” that will deny my asylum application…then I have to find a 4th, a 5th safe country…
As the song goes, You don’t have to go home, but you can’t stay here. If you can find another country to go to, you can go there instead of the home country. The problem is that it is not easy to find another country (though some countries have very easy visa requirements). Take care, Jason
That’s exactly the problem…
Also, let’s just say country of origin 🙂
Probably the best way for asylum seeker is to dive in the ocean and see if they can live there 🙂
Deporting asylum seekers is doubtless a fact. However, the non-stop and endless migration to the U.S. is another fact. I’m not sure how this can ever be stopped. Some people believe that creating a wall on the border can solve the issue (especially when they think that immigrants are the only problem of this country). Some others make some childish attempts to do something but they can’t. I hope immigrants could not be a nightmare for anyone.
Deportation is very rare in the U.S., unless the person has committed a crime. Immigration judges often grant the “Withholding of Removal”, which means the asylum seeker can stay in the U.S., if they didn’t grant asylum. Europe and Canada are %100 better than U.S. in terms of the current immigration system. An asylum seeker would be more than lucky if sent to a 3rd country in Europe or Canada. However, this is not something that asylum seekers worry about and waste their time to think about.
@bassam
These are wrong info bro! Deportations is huge in the US if you’re illegal especially in trump era and it will be back in 2024! Nothing says asylum seeker can stay here after get denied from BIA and I personally know lots of them deported voluntarily before they get arrested and get deported
@BASSAM
If you read the book ” the deportation machine” the US is the first country in deportation rates in the world 🙂 it is sad but true
I am not accounting deporting those who deserve to be deported. However, it is my moral responsibility to respond to anyone who believes that all asylum seekers, with no exception, need to be deported.
@bassam
Long story short, people get deported daily here in the usa no matter if they were asylum seekers or haven’t criminal history if you’re staying illegal sooner or later they will get deported! It’s just matter of time as the words of no body get deported in US is just a joke and untrue no matter if u have criminal history or not it’s matter if time
I mean there are 11 million undocumented aliens in the U.S…I guess it’s something not that rare for denied asylum applicant to stay in this country…
Millions of former undocumented asylum seekers are U.S. citizens now. This will doubtless continue.
¡¡ ATTENTION ASYLEES !! More movement is happening in regards to the intentionally created backlog. We are already gathering signatures , if you did not sign the petition please do so NOW. As we prepare to obtain the facts to potentially file a lawsuit against USCIS for their disregard of Category A05 AOS. We have determined that indeed these applications are being held hostage , and applicants are being lied to. A group of applicants contacted via senators to ask where they are going to be handled , and the NBC claimed that it was their local field office – That same senator contacted the field office and they claimed they have no jurisdiction or are aware of such thing. HERE IS THE LIE . AND THEY GOT CAUGHT. They are not planning to do anything in the near future. Only employment based or family based is being worked on in this “NBC”. Because you are in this NBC where there are no posted times , you have the right as of NOW and TODAY and you qualify to contact the Ombudsman office of DHS and expose the lies / launch an internal investigation – Due to the fact that they are holding hostage this batch of A05 AOS applications at the NBC , no transfer to nowhere no nothing. Expose them NOW : here is the link , file the request and in the comment section explain exactly what is happening . We continue to work with many others to expose the ongoing abuse , it is time they are held accountable . Enough is enough >>>>>>>>>
https://www.dhs.gov/case-assistance
Can asylum seeker get chemotherapy or radiotherapy if s/he is diagnosed with cancer ?
My health situation is declining very fast…I am very concerned and want get a plan drafted up before I really receive a diagnosis…
https://www.theguardian.com/politics/2019/sep/19/asylum-seeker-denied-cancer-treatment-nhs-home-office-hostile-environment
Seeing this makes me concerned.
An asylum seeker can get chemotherapy or radiotherapy if s/he is diagnosed with cancer. As an asylum seeker, I have once been eligible for “Emergency Medicaid” when had a surgery. What happens to asylum seekers in the U.S. in terms of receiving medical treatment, is definitely the same for a U.S. citizen. Any educated person should understand how the healthcare system works here. However, this fact never discourage any asylum seeker to leave the country.
I am just worried that when I receive my “emergency “cancer diagnosis, it’s gonna be very late stage…
I would not be worry, since the treatment is usually received before the paperwork is processed.
There are agencies that can help with health insurance – I did a post listing non-profit organizations on September 22, 2016. Maybe if you reach out to one of those, they can refer you to a place that can assist. Take care, Jason
Thanks Jason ! 🙂 . I guess that’s tractable and more of an established procedure in terms of insurance and specific medical treatment. I will check it out.
Immigration-wise…
The thing I worry about the most is removal while diagnosed with terminal illness…I am worried because there are no established protocols for this. https://www.nbcnews.com/news/us-news/michigan-man-who-had-never-been-iraq-was-deported-there-n1040426
Now I don’t think I am at risk of diabetes, I can exercise some control over whether I will be affected by infectious disease like HIV…But cancer is really unpredictable, anyone could get it, and asylum seekers are under constant stress, me personally, I am also taking tumor-inducing medication…so I am probably at higher risk of cancer…cancer also progresses very fast without proper medical intervention…So I guess, it’s unwise for me to devise a plan during the onset of a diagnosis. I am just trying to explain where I come from…
If I do get this terminal illness…In terms of immigration…the best is … first of all…avoid being apprehended/detained (right ?). Second, If I do get apprehended/detained…and the government starts a deportation case against me…can I ask for PD ? and could having a severe terminal illness make it more likely than not I may be granted PD ?
https://thehill.com/latino/ice-immigration-detainee-brain-tumor-taken-from-hospital
https://www.businessinsider.com/cancerpatients-treated-with-ibuprofen-at-immigration-detention-center-2017-5
https://www.nytimes.com/2019/10/31/us/immigration-yale-cancer.html
All these reports are very concerning, and in my situation, the reason why I am so worried is that I am by myself. If I am detained, there will be no one who can help me in anyway, except my lawyer. My communication to the outside world will be cut off with the exception with my attorney…So…I guess that’s why I try to establish a procedure, step 1 2 3 4, for these very severe situations…The alternative outcome is frightening to think about under this situation.
I hope your worry could be gone some day and you never become like one of those people appear in the articles you’ve shared. I’m glad that these situations are never significant, even it takes time when you search and find some articles like these—that often make some sadist people feel happy while seeing immigrants like that.
Dear Jason, my asylum case has been granted today in immigration court in NY. I just wanted share my story and timeline with you and others to give some hope.
Applied on Jan. 2018
Denied by asylum officer and sent to the court on Jun. 2018
Master hearing Feb. 2019
Individual hearing – Granted on Oct. 2021
I’ll be honest it’s not easy and It’s been a stressful period. But at the end I won the case -thanks to the my bad ass attorney of course- please don’t lose your hope and think about your life, loved ones. Believe in the American Dream.
Thank you so much for your efforts and dedication on this forum and area, Jason. I can’t thank you enough how it was helpful this website is.
CONGRATS@Ahmet!
Thank you so much! Hope everyone in this forum and rest of the asylees would win their cases. @TINA
Hi Ahmet
I am looking for an attorney who will genuinely help people like Jason does. unfortunately jason is not taking new cases so i am looking someone who will genuinely help us. can you share details to my email address mariyamazaan25@hotmail.com thank u
Hey Kayra! I’ll do share no problem
Hi Ahmet Did you send me the details by email already ? thanks
Congratulation my friend, have your individual hearing got postponed?, and can i ask you how was environment in the court? About questions and answers.
Thank you with the best wishes.
Thank you so much, ASYLE55! It didn’t postpone timeline was exactly what I shared above. I and my attorney knew that we had a strong case but still I was nervous and thinking how the judge and gov. attorney would be. However, my case was granted in 30 min. First, gov. attorney told to the judge they will not oppose the decision he make because the case is really strong with all the evidence. He also said -after judge granted- he is surprised how this case got this here it should have been granted way before- he meant the first interview with asylum officer. Then Judge said it was one of the strong, outstanding and well prepared cases he got. Neither Judge or Gov. Attorney questioned me because of my strong case. Then he granted! He thanked to my attorney (even he said he will put the case to his archive so in the future if he would have a case similar to mine he would have a better understanding with the country situation). He is very reasonable and fair judge. I was so glad when I heard that he makes very well organized archives with cases so he can have a better understanding that means that no one before him would get an unfair decision.
Congratulation again and thank you so much
Congratulations Ahmet!
THANK YOUU, SOUL!
Congratulations ahmet!
But did u make sure the DHS general attorney wont appeal the judge decision???
Hey NICK! Thank you! Please read my detailed answer above to ASYLE55 how the hearing went. But yes, I am sure he will not appeal because DHS attorney literally said that they will not oppose to the judge decision.
Congratulations and thank you for letting us know. Take care, Jason
Congrats, Ahmet
Hello community,
So I have been seeing lot of comments regarding I-485 application being stuck in NBC. I just want to share my timeline with you, maybe this will help:
Dec 2020 sent I-485 form
Feb 2021 got receipt and it was assigned to NBC, receipt number starts with MSC
Current update: fingerprints were applied, still waiting
If anyone has any updates on MSC processing please let us know
Hello jason
I’m about to apply for the GC soon i live in Arizona and i see how everyone is stuck but my question is if i wanna expedite shall i put the expedition letter with the i-1485 application or do i have to mail the expedition later? I have a serious medical condition and take pills every day for it and i would like my GC to proceed faster so i can marry my GF in a third country and bring her here as it will be better to be close from me and i also can ask my doctor to write a letter too to include it with the application
It is best to provide the expedite request at the same time that you file, along with any evidence for why you need to expedite. I did a post about this in January 2020 and maybe that would help. Take care, Jason
¡¡ ATTENTION ASYLEES !! PLEASE READ : as many of you know USCIS has been creating backlogs primarily for Asylum based GCs . As some of you are aware of the new “National Benefits Center” backlog for GCs , as well as the infamous “Texas Service Center”. USCIS is sending many of these applications into a black hole and there are rumors that this comes from internal management. The old one. You cannot stay quiet and you have to SPEAK UP , again call and ask for officers tier 2 and demand accountability . Write to your senators NOW and expose the new created backlog at the NBC , for asylees . There are groups outside of this platform gathering information that proves that these backlogs are done on purpose. To start a lawsuit and to demand a timely and fair process. Many people are already tired of the abuse. THIS IS ABUSE . If you want yo start somewhere : start by signing this petition to ask the new director for a more fair treatment and timely adjudication of Asylee GC . The time is NOW. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> SIGN PETITION >>>>>>>>>>>>>>>>>>>>>>>>>
https://www.change.org/p/the-white-house-uscis-stop-ignoring-and-marginalizing-a5-category?recruiter=1228255123&recruited_by_id=c24b6960-22e5-11ec-97e4-3df57b9bd6c8&utm_source=share_petition&utm_campaign=share_petition&utm_term=petition_dashboard&utm_medium=copylink&utm_content=cl_sharecopy_30887527_en-US%3A7
It’s a good idea – the more actions people take, the more likely there is to be some change. Take care, Jason
Dear Jason
I have mailed my green card application based on asylum!! Received two receipts already my they use my old finger print when i check it online it says that (((On August 27, 2021, we accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC**********Our National Benefits Center location is working on your case. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.)))) when can I expect my green card? IS NATIONAL BENEFIT CENTER IS FAST?
There is no way to predict that and many people here are justifiably complaining about how slow the process is. For most of my asylee clients, I think they get the GC in about 1.5 years, but it is pretty variable. Take care, Jason
I wish the asylum-based green card back dated to the issuance date of the first employment authorization. This could then justify the long waiting time for the interview, decision, and waiting period for green card.
Amazing suggestion , in fact I think Biden talked about this in one of his first proposed legislation . Hey Jason are you able to send that suggestion to the new director Ur Jaddou? I sense that backdating asylee green card to first employment card date is ethical and perhaps gives a sense of respect for years wait . What do you say we recommend this to her ? Greetings.
I posted some recommendations for her a few weeks ago, and I know these were forwarded to some people at USCIS, so maybe she saw them (hope springs eternal). Whether they do anything about these ideas or other people’s ideas, we shall see. Take care, Jason
This would be nice. My idea was to just issue the GC automatically after one year in the US (assuming there are no security or criminal issues). I am not sure they will be implementing either idea anytime soon. Take care, Jason
Processing times for GC based on asylum in Nebraska and Texas jumped to 44 months..
Can we do anything about it?
Despicable and incomprehensible .I am getting ready to sue them as we speak. Tell your senators and show the world what they are doing these “ unnameables “ . Write to the United Nations . This agency I predict will be dissolved in the near future . They are going to self destruct between their evil and incompetence.
44 months ? Lol !!! Why don’t they update from 44 months to 100 years . Pathetic and useless. They keep getting worse and worse each day. I think their message is clear that they just wanna cash the checks but sit on applications because they despise immigrants and working. Haven’t you notice how quick
They are to celebrate national holidays or they anticipate closure when there is a bit of a storm. Ridiculous and shameful . I think they have better processes in “third world countries” like the last guy used to say.
I agree – in US law, you do not have a duty to rescue a person in distress, but if you decide to rescue the person, then you have a duty to act competently. And you can be sued if your incompetence screws things up. We as a nation do not have a duty to accept asylum seekers and immigrants, but we have accepted that task and we should do it competently (i.e., timely). Unfortunately, that is not where we are now. Hopefully, the new USCIS director will start to make some positive changes. We shall see. Take care, Jason
Monadi,
Truth is, Nebraska does not process cases in 44 months. I’m rare cases, they will take more than a year, send request for evidence, send the case to field offices, etc..Texas service Center, on the other hand, is on halt; or virtually. I read somewhere they process about 50 GC a week while there are about 50k cases waiting to be approved. They just play shenanigans to make it seems like both centers are on pair to argue against lawsuits. What is going on there is just mind boggling.
@Cordy
Thank you for this important information. I’m stuck at NBC and my only hope is that they send my case to Nebraska and not Texas. I’m freaking out every day.
Hi Jason,
I have a pending I-485 since April 2021 by the time I applied for I-131 RTD with sending the old Expires RTD and I left my Cc Information on the package. It has been 1 month at some point I thought my mail is missing. Today I have received I-797 Notice of action shows that Case was received my I-13 from Nebraska. The only thing is they didn’t charge me any money.Application petition fee is (0) maybe because I am renewing my RTD that’s why? I don’t know why but I hope this is normal and they will process my application as normal way.
I would appreciate if you answer my question.
Thank you very much.
@CLARA
I am stuck in this new limbo with other people as well, all have our green card applications based on asylum at NBC and never sent to Nebraska nor Texas. I urge our community who are in this situation to do something about it. contact your senators. reach out to USCIS and then maybe, maybe something will happen. One action of one individual won’t do anything, however, collective pressure might bring good results. If you want to coordinate about this feel free to reach out to me. Thanks
When you pay the I-485 fee, that includes the I-131 and the I-765, so you do not have to pay extra for those forms. So if you sent the I-485 receipt when you applied for the new RTD, probably they just used the I-485 fee to “pay” for your I-131. It sounds that way, anyway – since you got the receipt, it seems like they are processing the RTD. Take care, Jason
Jason,
This week my friend has done it’s long waited interview in Arlington office, in expedited request. After the interview the officer told one of the four the youngest kid needs to give a biometric (at the time of asylum application she was too young) … does it mean the result will take longer to be told until she gives the fingerprints? What is your recent experience to get interview results from Arlington office?
Thanks !
Dear @MONADI , as of right now I am investigating the purpose of this new created backlog . I am getting in touch with applicants who are stuck and those recent ones who are being processed to see any disparities . I am encouraging everyone to confront USCIS and demand answers and accountability. Enough is enough. Start by contacting through Emma chat on their site and/or call , ask for a tier 2 officers and demand explanations . write to your local senator and reps. I know for a fact there is a group of individuals stuck at the NBC trying to start a collective lawsuit. I will post if that gets to happen soon . The most most important thing is that you demand accountability from this agency , you paid and you have a right to a timely process , regardless of decision. You cannot keep quiet and with arms crossed . SPEAK UP
Here is what I just posted to MONADI and I think it can be effective: I have been doing some lobbying on the asylum backlog, and what seems to be effective is contacting the Congress person, scheduling a Zoom meeting with their office, and telling your story. If you can get some US citizens involve (like a church or mosque group), that can be very effective. As a result of our efforts, 40 Congress people wrote a letter to USCIS asking about the backlog. Whether that ultimately helps, I do not know, but at least USCIS knows someone is paying attention. A similar effort related to USCIS (including GC application delays) might be effective. I wrote about our efforts on September 15, 2021. Take care, Jason
I do not know whether the new biometrics will make things slower. Arlington in general has been slow granting decisions. They are expediting lots of Afghan cases (this started in August), but so far, we have not received any decisions. In terms of other countries, we have a lot of cases interviewed, but only a few decisions, and it is very frustrating. I am not sure what is the reason for the delay – I wrote something about this in a post on June 2, 2021. Take care, Jason
I have news for those of you who are commenting about being in the National Benefits Center still waiting for some action on your green card application. I was able to get in touch with some individuals who applied in August 2021 and they were already transferred from the NBC to Nebraska based on where they live. The majority of applicants from October 2020 until June 2021 are still and hold and USCIS is NOT explaining why they are holding these applications . There is something mysterious about this . We need to launch an investigation. I encourage you to contact your senators and demand answers from this agency . I encourage you to call and press them for answers . What they are doing is wrong , similar to what happened with the asylum interview scheduling , leaving many in limbo . Well now this , with this batch of applications from last fiscal year . Jason we need answers and you need to pay more attention to this atrocities and stay on top . If you have any connections is this agency , please have them bring the truth to light . There are already thousands in this new “limbo” situation perhaps purposefully created.
I know something was wrong cause I am in this group when we put our timelines of this process and no progress for every of us… god helps us
It’s way pass time for us to demand accountability from this agency. Intentionally inflicting pains to a particular group of people is NEVER ok.
Hello madam I am too in this location since September of the last year and uscis all they tell me is wait . They never transfer my case to local field office or center . I fear they will leave waiting like for my interview for years , but lords mercy what is the matter with this institution ? Jason you have a form to ask them why they do this
I know of no such form. You can make inquiries with the USCIS Ombudsman (there is a link under Resources). Maybe if many people make such inquiries, it will get their attention. You can also contact your Congressional representative for help. Take care, Jason
It’s very simple : they are doing this as a form of psychological torture . Some people have dropped their asylum cases and their I485 cases due to years wait . Call it for what it is : INTENTIONAL PSYCHOLOGICAL TORTURE . They don’t want to revert the scheduling order, Mr Jason do you wanna know why ? Because of all the cash they make on work permits . Do you wanna know why they sit on humanitarian based adjustment of status because they think asylees are a liability . It is time people see it for what it really is . Spare me the BS of unprecedented wait times . Wake up people WAKE UP
That’s what i said long time ago !! Been stick
In NBC means no progress in your i485 application yet and it’s on hold! Cause to issue the Gc for asylee it will only be produced in Texas service Center or Nebraska Service center or local field otherwise there is no progress in your GC application
Same here we need to expose them for their corrupt lies ! I called them and I told them you are holding my application when everyone else after me is getting worked on ! Liars and corrupt animals
@Dana
I understand how you feel, and I would feel the same way too.
Seeking asylum is a kind of right, but a grant of asylum in my opinion is a privilege, just like every other immigration benefit that a grant of asylum precedes.( Remember they are mostly discretionary).
The US government has a moral responsibility to process, grant or deny such in a timely manner, and stop keeping people in limbo, so your frustration is completely valid.
That said, why is it morally okay to call people animals? Honestly, it is sickening.
Tina, I am here reading the comments and I am honestly having ambivalent feelings. On the one hand, I can understand the frustration, name-calling, and angst. As well, while some immigration benefits are discretionary, the exercise of such discretion, according to the USCIS manual, “…cannot be arbitrary, inconsistent, or dependent on intangible or imagined circumstances.” The manual, using the BIA’s judgment as a guide, says: “In short, discretion is defined as the ability or power to exercise sound judgment in decision-making. While the discretionary analysis gives the officer some autonomy in the way in which he or she decides a particular case after all applicable eligibility requirements are established, that autonomy may only be exercised within the confines of certain legal restrictions. These restrictions define the scope of the officer’s discretionary authority”. Further, the U.S., and by extension USCIS, has a moral and legal responsibility, as a signatory to the Convention, to process and adjudicate asylum and asylum-based I-485 cases fairly and in a timely fashion. On the other hand, I feel like we can be a little more couth or civil with how we express our disappointment and frustration.
I don’t think it is effective to express frustration in an inappropriate way. I think it is justified, and I certainly do that in private, but I think it will not get us to our goal (a better USCIS). The fact is, USCIS employees individually are generally ok. Collectively, the agency is a disaster. But most individuals I meet are trying to do their jobs and they believe (perhaps wrongly) that they are working hard. I do think when asylees tell their stories and explain how the long delays harm them, it is an effective way to lobby. I saw that personally with our efforts re: the asylum backlog (which I wrote about on September 15, 2021) and I think such a strategy can potentially be effective in combating other USCIS backlogs. I think USCIS (and the US government generally) simply do not understand how much harm they are causing with their long delays. Take care, Jason
Jamie,
I see where you’re coming from but I just want to point to the fact that we are talking about an agency that is exclusively funded by fees paid by immigrants. A lot of the commenters here played by the rules; a though process in which they were asked to share all and every information about themselves and went through a mentally exhausting backlog, extreme vetting, or whatever you want to call it, just to end up in another backlog. We have all seen the degradation of that agency over the years and yet, still played by the rules. They just seem to be contempt with letting people wait forever and not question the procedure in the name of “sole discretion “. We must not accept that. This is not right. We must not stay silent. The frustration is 100% justified.
Hello Cordy , beautifully said . At least you think reasonably not like this individual named @Jamie , all he ever does is justify and talk nonsense, he probably thinks he sounds smart . And dear @Tina if I remember correctly dear you used to come here to cry because they had you waiting like a puppy for a treat , for years just to get processed. Isn’t it true dear ? . I want you to remember that pain now and tell that to the user Dana . She is probably frustrated and tired of the abuse of this agency. Too much abuse. Enough with thinking this treatment is normal. I will make it known everywhere. Many people are losing jobs , are in depression , going homeless thanks to this agency. People are sick and tired.
@lapochka,
You are correct that I was coming here to cry,( vent my frustration), but do you really think we should come here and address a group of people as animals?
Just keep in mind that I am still in the process, and waiting to possibly join the GC backlog, so don’t sound like I am now a US citizen.
We can vent our frustrations without being so condescending.
Also, I never said Dana’s frustration is not justified, or that USCIS should continue these delays that make no sense.
LAPOCHKA, I think you have reading comprehension issues. Go back and read my and Tina’s comments and then we can have a sensible discussion. Neither of us said that we agree with USCIS arbitrarily changing their processing times, usually for the worse, or throwing I-589 or asylum-based I-485 applications in a black hole. I even went as far as to address the discretionary analysis that Tina briefly touched on, proving that discretion doesn’t justify tortuous waits, inconsistencies, or arbitrariness. I even talked about the U.S. being a signatory to the refugee Convention and its legal and ethical responsibility to fairly process and adjudicate these kinds of immigration benefits. The funny thing is that, many of you have probably not waited a s long as me or Tina. I waited for my asylum interview for almost 4 years! Though everyone grieves differently, that long wait didn’t give me- at least that’s what I think- the right to come here and use expletives, degrade people, or call them derogatory names. The insufferable entitlement! I mean, how would that- rudely cursing out everyone- have changed my situation for the better? Of course, there is an exception to this- when, for example, someone first tries to insult me or hurl epithets or insults at me. I don’t back down when that happens (it’s not a “walkover” for me, trust me)- I “shoot” back.
@CLARA
I am stuck in this new limbo with other people as well, all have our green card applications based on asylum at NBC and never sent to Nebraska nor Texas. I urge our community who are in this situation to do something about it. contact your senators. reach out to USCIS and then maybe, maybe something will happen. One action of one individual won’t do anything, however, collective pressure might bring good results. If you want to coordinate about this feel free to reach out to me. Thanks
I have been doing some lobbying on the asylum backlog, and what seems to be effective is contacting the Congress person, scheduling a Zoom meeting with their office, and telling your story. If you can get some US citizens involve (like a church or mosque group), that can be very effective. As a result of our efforts, 40 Congress people wrote a letter to USCIS asking about the backlog. Whether that ultimately helps, I do not know, but at least USCIS knows someone is paying attention. A similar effort related to USCIS (including GC application delays) might be effective. I wrote about our efforts on September 15, 2021. Take care, Jason
I have no particular connection. I wrote about this issue on August 11, 2021, and I am still hopeful that the new USCIS director will be looking at this problem and many others at the agency. Take care, Jason
Hi Jason thank you so much for everything you did for us,you’re probably the only one immigration lawyer that really care about asylums,most of lawyers I known that like FILO since the system helps they make money faster
Thank you Jason for your blog and response. Your blog helps us a lot specially under current uncertainy times. I have my asylum case pending since 2017 and havent received my interview schedule yet. I was in F-1 status until last year and now I dont have status except pending asylum with valid EAD card. My fiance is on H1B visa now, is there any chance I can apply for H4 dependent now? I beleive it would have been easier if I had my F-1 status, but I dont have it now. If I had to apply H4 outside US (not home country), whats the likelihood I can get approved and come back to U.S? Also my EAD card is expiring next year, how soon should I apply for renewal? I heard theres 6 months automatic extention. Whats the process for this now? Thank you again.
For the EAD, the earliest you can apply to renew is 180 days before the current card expires, and it is good to apply then, as USCIS is very slow in renewing EADs. I wrote about the EAD process on September 23, 2020. In terms of H-4, I suspect the only way to get that is to do it overseas. Talk to a lawyer about whether it might work (or whether there is any way to do that without leaving – I highly doubt it). I wrote about getting a GC overseas in your circumstances on September 6, 2018, and the process is probably similar for you, so maybe that post will provide some guidance. Take care, Jason
Good afternoon!!
I have been following the current scenario and observing the debate about the possible regularization of immigrants. I believe that in the end only DACAS, TPS and agricultural work and also, the holders of work permits will be approved. That’s what I believe!!!!
The question is: can asylum seekers who have been waiting in the US for more than 4 years be considered TPS and can they seek regulation?
Thank you
@silva
Keep dream nothing will be legalized and TPS and DACA and essential workers will never get free greencard today the parliamentarian rejected the democrats plan again and don’t dream cause no rule will pass to get greencards for undocumented immigrants and in the end trump or republican president will come back in 2024 and deport these undocumented people unfortunately
I am less optimistic. I think there is no example where TPS people were granted permanent status (with the possible exception of Liberia, but I think Liberians who qualified for status were eligible regardless of whether they had TPS or not (TPS for Liberians was called DED, but it is basically TPS)). Anyway, whether you qualify to apply for TPS depends on the TPS requirements and the filing requirements for your particular country. If you think TPS people may get GCs, then it may be worthwhile to try to get TPS. Take care, Jason
Hi. My room mate iliving inTexas got Asylum refussal and reffered to court. He was ready to move to California due to his new job. So he went to court,filled IOR33 form i think for address and court change and given same in asylum office.He changed his usps and uscis addresses and moved to California. His work permit will expire in january 2022. My Question is that he can be apply for work permit as usual? or he has to take any permission from court? or some thing else?
If he already has a work permit, he can file to renew the permit. The fact that he was referred to court and that he moved have no effect on the work permit once the first permit is issued. Take care, Jason
We conclude: nothing will change in the coming years. I sincerely hate both Trump and the Democrats, who have not been able to do anything for us in almost a year. Politics is a dirty business, politicians don’t care about people.
I have been waiting for an interview since August 2015.
Respectfully, I assume you are not seeing fraudulent or lying applicants because you are not taking on such clients – but both pro bono applicants for asylum and less scrupulous attorneys would file such claims that you would not be aware of. In addition, I do not know this, but does the system even return findings of “fraud” on a routine basis? It reminds me of the common statistic of how many sexual assault claims are “false”, but the adjudicative system does not tend to render judgements of falsehood, only not finding that someone qualifies for whatever reason. Perhaps the government should provide better evidence of large numbers of false claims, but I do not think your logic on this is persuasive either that because you are not seeing them they do not exist.
Dak, do you honestly believe that the U.S. government doesn’t have systems in place to detect fraud or that they don’t do routine checks for fraud?!!!! Also, do you think that the U.S. government would grant someone asylum knowing that they submitted a fraudulent application? FYI, they do find fraudulent asylum cases, like they do marriage-based cases, for example, from time to time. They also do revisit the cases/do a complete review of the applicant’s immigration history- especially when a new application is submitted to the agency. There is no perfect system to detect every single fraud. The agency knows that. And so they just have to do their best with the resources they have.
That is not reason for them to unfairly/illegally process asylum cases. How does anyone, especially asylum seekers, justify the current asylum procedures/processes- specifically the LIFO-FIFO issue- is mindboggling to me.
I would add that one common reason to deny a case is credibility (which does not equate with fraud). An example is where a person lied to get a US visa, and as a result, the person is found “not credible.” In fact, lying to get a visa is not necessarily a sign that the asylum case is fraudulent (and in fact, may indicate that the person was desperate to get a visa), but such a finding can be used to find that the applicant is not credible and then to deny the case. Take care, Jason
There is no reported data on fraudulent findings. Or at least I have never seen that. Such a find can specifically be made by an Immigration Judge, but such findings are extremely rare (or at least that seems to be the case). It is common to suspect fraud, or to deny a case because the decisionmaker finds the applicant not credible, but that is not the same as a finding of fraud, and it also is not really a strong indicator that there really is fraud. Instead, USCIS (and EOIR) has consistently relied on the fact that most asylum applications are denied to argue that such cases are fake. It is not the same thing, and USCIS should not make that claim when it is not supported by evidence. My belief is that fraud is a problem. However, the scope of the problem is unknown, and so for USCIS to claim that fraud is widespread (based on no evidence) and then set policy based on that claim, is wrong. Also, even if fraud is a problem, I highly doubt that LIFO is the solution, as people are not going to be deterred simply because some cases are quickly denied. Take care, Jason
Jason, excellent points!
Also , how do you explain that an asylee green card , a person who has been vetted through and through and has already waited forever to have an interview and decision , has to wait one year and then wait forever for a green card ? This does not make sense . Again this is why the US government is the greatest failure in humankind , they have ruined the lives of 1000s , and they keep doing it with their intentional failed policies.
I agree with you on the GC point. In fact, I wrote about this very issue a few weeks ago when I provided some unsolicited advice to the new USCIS director, Ur Jaddou. Take care, Jason
Very informative article. I’m sorry to say this, but 9 months into this administration, so far on immigration policies, and especially immigration agencies, the Biden administration has not delivered at all. Their only merit so far is to not be as anti-immigrants has the Trump administration. And I’m not basing my criticism on the fact that they are unable to pass any significant legislation on immigration (Immigration reform has been a problem for decades) but the attitude of this administration seems to be, let things get sorted by themselves. I see zero dedication or willingness to help immigrants in their struggles.
Granted, there are many faces in the Biden administration’s top jobs that could identify as immigrants or second generation immigrants, but the passion just isn’t there. We all seen how the executive branch under Trump was willing to use all of its power to have it its way on immigration. I wished this administration would conter-match that passion. What a disappointment.
USCIS, in particular, has not shown significant progress under Biden. The nomination of Ur Jaddou, the first woman and daughter of immigrants to hold such a position, has brought so much hopes to 1000s of immigrants (especially in terms of processing times) but the reality is that, so far, under her leadership (a short span of time, I must had) there’s been significantly less reforms or policy changes than under her predecessor acting Director. In fact, USCIS seems to be completely on halt at some centers. Maybe I’m too harsh on her but being the first woman or first anything else does not give you a pass for being stagnant on applications that represent 1000s of lives that are on hold because of the shortcomings of the department you decided to lead. Notably, on green card wastage, the whole agency must own the responsibility. The agency relies entirely on fees paid by immigrants. Delaying forms for as long as possible lead to denying the rights of future citizens; which is in itself a form of voter suppression.
I am not sure whether to be disappointed or not. There have been some changes to case law, which make it marginally more easy to seek asylum for certain applicants. But to me, this issue is far less important than dealing with the various backlogs or providing procedural predictability. On those points, the Biden Administration has been worse than the Trump Administration. I expect them to make some positive progress, as I do believe their hearts are in the right place, but so far, I would say that things are worse than I have ever seen them, at least for my asylum seeker clients. Take care, Jason
I think asylum seekers’ fate will be tough no matter who wins in 2022 and 2024…