Even before the Taliban took control of Afghanistan, that country was suffering a humanitarian disaster. In 2020, about 2.5 million Afghans were living outside their country as refugees; another 3.5 million were displaced within Afghanistan. In August 2021, the Taliban occupied Kabul, which triggered one of the largest air evacuations in history–over 124,000 people were flown out of Hamid Karzai International Airport.
Where all these people will go remains an open questions. As usual, Afghanistan’s neighbors are hosting the large majority of refugees, with more than 1.4 million in Pakistan and about 780,000 in Iran. Significant numbers of people are also in Europe and Turkey.
The United States is also accepting Afghans, and we are currently in the process of receiving about 50,000 people for permanent resettlement. Given our long involvement in Afghanistan, and that many Afghans relied on us and assisted our efforts, it seems only right that we protect those in need. The problem (or, more accurately, one problem) is that for most Afghan evacuees, there is no legal mechanism for them to remain permanently in the U.S., and so their legal status in our country is uncertain.
Some of the evacuees may already have status in the United States–based on family immigration petitions or Special Immigrant Visas (available to certain Afghan nationals who worked with U.S. forces). However, the majority of arrivals are entering the country with a two-year temporary status based on humanitarian parole.
The good news about humanitarian parole is that it is a flexible tool that the Executive Branch can use to bring foreign nationals to the United States. Among other requirements, the person must be “coming to the United States for protection from targeted or individualized harm.” That clearly covers the evacuees from Afghanistan. Over the years, other populations have benefited from humanitarian parole as well–certain Indochinese refugees, Cubans, and Central American minors, for example.
Humanitarian parole has a few downsides, however. One is that parolees need a financial sponsor in the U.S. in order to come here. The bigger downside–and one that potentially affects all affirmative asylum seekers–is that humanitarian parole does not provide a permanent status for parolees. Instead, humanitarian parole provides only a temporary status, which can be renewed (or not) by the U.S. government.
The issue, of course, is that most Afghans coming to the U.S. on humanitarian parole do not need temporary protection–they need permanent protection. So how can such people obtain permanent status in the United States?
Some may be eligible for status based on family petitions. Others might qualify for Special Immigrant Visas. Still others may be eligible for Special Immigrant Juvenile Visas (for unaccompanied minors). A few might be eligible for a Green Card based on employee sponsors or the Diversity Visa Lottery. However, my guess is that the large majority of Afghan parolees will qualify for none of these. Instead, the only option available to them will be asylum.
First, let me say that this is ridiculous. If the U.S. government is making an effort to bring Afghans to America, the U.S. government should provide them a permanent status here. The evacuees should not have to go through the uncertain and potentially lengthy asylum process in order to remain in the country. Unfortunately, absent some type of creative solution (which may or may not be legally possible), to provide permanent status to the new arrivals, Congress needs to pass a new law. But given how disfunctional Congress is, a new law for Afghan parolees seems unlikely. Thus, we are probably stuck with the system we have.
As a result, we can expect thousands of new asylum seekers to start entering into the already-overcrowded system. Currently, there are more than 400,000 pending asylum cases, and some applicants have been waiting 6+ years. If we add another 30,000, 40,000 or 50,000 cases to the mix, we can expect even more of a mess.
Also, since August 2021, the Asylum Offices have been prioritizing Afghan cases. This means that non-Afghan cases are being set aside in favor of interviewing Afghans. It is understandable that the Asylum Offices have taken this course, given the dire situation in Afghanistan, but the result is even more delay–and less hope–for other, long suffering applicants. These asylum seekers have already been pushed aside by LIFO (last-in, first-out – where new cases receive priority over old cases) and pandemic delays. Now asylum seekers will suffer yet another set back, as Asylum Office priorities shift once again.
In the absence of Congressional action, one possible solution to this problem would be for the Asylum Offices to create a separate track for Afghan asylum applicants. Under the law, all applicants must receive an interview, but there is no requirement that these interviews take many hours (as such interviews often do). Instead, Afghans could receive a very truncated interview, so the Asylum Office can confirm their identity, ensure that no bars to asylum apply, and gather the information needed for a security background check. Given that we have evacuated these applicants with the intention of allowing them to stay here, it makes no sense to devote precious Asylum Office time to determining eligibility–any Afghan who is currently in the U.S. should be eligible for asylum, since the current government of Afghanistan (the Taliban) is a terrorist regime that has harmed and killed thousands of people affiliated with the United States. Since basic eligibility for protection is not an issue, we should be able to get through Afghan interviews very quickly.
Sadly, as of this writing, the Asylum Offices are still requiring full interviews for Afghan asylum seekers. This means that Afghan applicants need to carefully prepare their cases, gather evidence, and (ideally) consult with a lawyer about any issues that might block them from asylum (for example, if you gave money or any material support to the Taliban, even a very small amount, you could be blocked from asylum; also, anyone seeking asylum in the U.S. must file within one year of arrival, otherwise, you can be denied for filing too late).
Hopefully, we will see changes to the process soon. In the best case, Congress will pass a new law to regularize Afghan evacuees. If not, the Asylum Office should create a more efficient system with shortened interviews. This would better fulfill our nation’s commitment to our Afghan allies and to all those other asylum seekers who have come here seeking protection.
Hi Jason,
Thanks for your wonderful works, Please if by God grace the Senate approved the social spending bill, can those of us who entered the US after 2011 and have pending Asylum cases over 5 years, can we apply for the the five years work authorization with the option to extend for another five years thereafter?
Thanks
Christian
I have not looked at the bill, as many proposals have been made and then nothing has happened. If things move forward and it seems possible that it will become law, I will try to post about it. But for now, I think we are still far from that point. Take care, Jason
Hey Jason
My friend went for her individual hearing at the immigration court,my question is how long does it take to receive the decision from the immigration judge.
Thank you.
It is not predictable. Most judges give the decision on the same day, but sometimes, they do not. In that case, the wait could be days, weeks or months. If it seems too long, you can always call the court and try to talk to the judge’s clerk. You can find the phone number if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason
I have a question regarding EAD renewal:
1. Do we need to completed biometrics when renewing EAD. We received an email from USCIS regarding this but did not receive an appointment confirmation letter as yet.
2. Should I anyway go ahead and sent the application for renewal as it is expiring in December.
3. Can I renew my drivers license if I do not have my wok authorisation renewed by December? Will they accept my automatic renewal of 6 months paper at DMV? if not how do i drive around the city to get to work without a license renewed.
4. In 2019 we renewed my husband work authorisation in that year he was arrested for a case of DV and it was taken back by me. Eventually case was closed. In that year we submitted the certified copies from the court to prove case was closed. My question is: if this time he submits another application for renewal does he need to submit the documents again or it is not needed.
Please help where you can thank you Jason as always
1 – If they send you a biometric appointment, you need to attend. However, if you are a member of ASAP or Casa de Maryland, this should not be needed (I wrote about this with links in September 2020). 2 – If your EAD is expiring, you should renew. If you are not a member of one of those organizations, you should join; otherwise, you have to pay the biometric fee. 3 – They should accept the automatic extension, but I think that sometimes people have trouble with this. Certainly, you should be eligible and if they do not help you, try to get a supervisor. 4 – I believe he needs to submit evidence about that. The process changed in 2020 (see my post from September 2020) and c-8 EAD applicants need to disclose any arrests and provide information about the case. It is actually a big pain, and I was hoping the Biden Administration would reverse this change, but so far, it has not. Anyway, he needs to look carefully at the I-765 and instructions so he knows how to address that issue. Talk to a lawyer if you need help. Take care, Jason
Hi Jason thanks for your response as always. He was arrested in 2019, we already renewed the work authorisation at that time and submitted certified copies of the case closure in that year and his work permit was renewed.
Do we need to go to courts again to get certified copies of the paper to submit this time as well for his renewal/ Does he really need to mention it in his form this time again that he was arrested.
Or since we submitted the info before they have it in their system and know the case was closed?
Please clarify
Many thanks
The rules changed in August or September 2020, and so he needs to look at the instructions to the I-765 to see what documents are needed (available at http://www.uscis.gov). I believe he will need to re-submit evidence of the criminal case again. Whether you need certified copies or can just use photocopies of documents you already have, I am not sure, but certified copies are probably safer. Maybe the instructions makes this clear. Unfortunately, the situation for EADs became a lot more tricky for people with criminal issues, and so you/he may want to talk to a lawyer for some advice. Take care, Jason
Hello Jason
What is the new prosecutorial discretion law ? Does it mean the case at immigration court can be terminated by USCIS even before seeing by a judge? And once you file I130?
Thank you
If DHS agrees to PD, usually the judge will dismiss the case. In my experience, at least so far, DHS will only agree to relief if there is some other path for the person to get a GC, such as marriage to a US citizen (we submit proof of the marriage, an approved I-130, and – sometimes when DHS wants it – proof of payment for the I-485). If you are talking about the very new decision from the US Court of Appeals for the Fourth Circuit (from yesterday), I believe that gives an Immigration Judge the authority to terminate a case even if DHS disagrees. The decision basically overturns a Trump-era BIA case, but it only applies to Immigration Court cases within the jurisdiction of the Fourth Circuit (basically, MD, VA, WV, NC and SC). Take care, Jason
Thank you so much for you reply
What about the ninth circuit?
I read about a general memo recommended that judge dismissing the case if there is an I130 pending with USCIS in order to reduce the cases in immigration court?
I have a pending I130 and I have a master hearing as well in the ninth circuit , what do you recommend me to do?
Thank you
I have not heard about that, and in this specific case, the 4th Circuit is the only court to address the controlling BIA case (meaning, the 9th circuit has not addressed the issue yet). That said, even without this change, if you have an approved I-130 and are otherwise eligible to adjust status, you probably can get DHS to agree to termination so you can adjust with USCIS. We did that in a number of cases in the last few months. The 4th Circuit case only matters if DHS does not agree to terminate, and you want to ask the judge to terminate anyway. Take care, Jason
Hello Mr. Jason,
I had a master hearing scheduled for November 2021, looked up my case online on the Court Website and my hearing date is removed (de-scheduled) from the website. It says “no future hearings for this case” but the status says this case is pending? What does it mean? Will it take a long time to get a new hearing date? Please advise. I’m highly grateful for your kind help. Thank you very much.
This is happening pretty frequently. Your case will be rescheduled, but that may take months or it may be quick – it varies by case. I do not know that it will help, but you can call the Court to ask whether it will be rescheduled soon (I do not do that, as I think it does not help). You can find their number if you follow the link under Resources called Immigration Court. Also, if you want to try to move the case faster, I did a post about that on April 20, 2017. Take care, Jason
I can make a projection based on my research that President Trump will be renominated to lead the Republican Party in 2024.
Former President Trump…
I believe you and your former president are dreaming. What’s your education background by the way?
I don’t believe I am dreaming. I will come back here in 2024 Feb/March (should be clear by then) to verify the accuracy of my prediction.
And my prediction has been rarely wrong, for the track record…
What was your last prediction?
And that’s the point … I don’t make predictions lol. So I am never wrong 😛
Hi Jason,
My asylum case is pending since Sep 2017 at Houston AO.
Can I request to be in Shortlist myself? What is the procedure? my attorney doesn’t help me much in this regard.
Thank you so much
Not all offices have short lists, but you can email them to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Also, you should not place yourself on the short list unless you coordinate with your lawyer – if the case gets called for an interview, and if you (and the lawyer) are not ready, that could have bad results for your case. Take care, Jason
Jason,
I appreciate your responses, you mean a lot for us.
in your previous posts I learnt that if you have stayed in USA for 10 years you can not be deported. Does it mean 10 years continuous stay as an asylum applicant? I am asking because I was on F1 for 3 years. When I went back to my country I stayed there for 2 years. I flee here to save my life from some political and religious factors. I have been here for almost 7 years on pending asylum and 3 years on F1. Does it make 10 years for me not to be deported?
@ron
As i know if you was transferred to the court due to denial asylum then this option ain’t working for ya anymore as it has to be not in deportation proceedings
Do you mind me asking how can you … safely (right ?) lived in your country of origin for 2 years and … then fled to U.S. and claimed asylum ?
Because I feel it’s very … let’s just say … unusual…unless you don’t have the means, which I would accept. But if a place is dangerous enough, I will try everything possible to flee as soon as possible…
@asylum seeker
Even though i disrespect you but ron story is so clear he had fraud asylum and he must enjoy his last 2-3 years before gets deported back to his/her country! How the hell someone goes back to his country live 2 years in row after back from the states then fly again here asking for asylum lol it’s so clear u just wanna live here so no asylum officer or judge will believe this make up story
We see cases all the time where the person traveled back and forth to their country, and then something changes, and now the person needs asylum. I think that is not, by itself, an indicator of fraud. Take care, Jason
@Asylum seeker, have you ever asked yourself why most people on this blog dislike your behavior and don’t want your meaningless comments? Just be a man/woman for a moment in your life and claim that you are not an asylum seeker. Just declare that you are a U.S. citizen and you don’t like asylum seekers in your country; I think this way everyone can take your comments very naturally. It is very clear for everyone that a real asylum seeker does not address these kind of questions like you do. Also, why you are not capable to address your questions straightforwardly? You clearly want to ask RON that his asylum case is no more than providing some falsifying information with the concernment, right? Why can’t you normally stand against it and criticize it frankly? Your sarcasms are very ugly and definitely explain what kind of your personality is (Check Edvard Munch’s “The Scream” for more details). Like I said before, if there are things you can’t change, go ahead talk to the government; other than that, all these asylum seekers you hate will tell you “Catch me if you can”.
I mean…
Hi, what do you mean by this “I mean….” please?
It’s my lead word…
you are pathetic
@Nima: This is part of his/her personality. He/She is kind of the person who more talks to herself/himself than talking to the audience. Interesting!
@layla, well said.
“Catch me if you can”.🤣
That is not correct. If a person has been here for 10 years without leaving (except maybe for very short trips), and if that person is placed into removal proceedings, the person may be eligible for Cancellation of Removal. One requirement for that is 10 years in the US. There are other requirements as well (parent, child or spouse in the US who will suffer extreme hardship if you are deported, no criminal issues, good moral character). If you win the Cancellation case, you would get a green card. In your case, I think no court would accept the 2-year absence as a “brief” departure and so as of now, it sounds like you have 7 years in the US for purposes of Cancellation of Removal. Take care, Jason
Hello Jason,
The service center has received my I-485 application yesterday. Is there any average waiting time for them to respond to my application, sending me the receipt, and charge my credit card for the application fee? Thanks.
You should have the receipt in maybe 4 weeks. I expect they will charge the credit card in the coming days, but nothing with USCIS is all that predictable. Take care, Jason
Is it possible to get employment based GC or EB5 based GC while my case is in removal proceedings? I did overstay my visa for about 3 months. I have degree from US university.
It depends. But if I were you, I’d be worried about sharing asylum information with your sponsor…
But Ron doesn’t have a mental issue!
I mean…
@Ron good question you have here. I will be waiting for Jason to answer.
@Asylum Seeker- why should he be worried to share his asylum information with the sponsor? I mean just the status and not details of course. Why do you think this may be an issue?
@Jason – do you think sharing the Asylum situation to employers/sponsors perhaps can be an issue for Asylum seekers or Asylees?
Thanks you-all, JJ
I believe it could be. When you have someone sponsor you, you will sign some consenting agreement, I believe ? Which basically gives that person the right to access all your immigration record ? and because you surrender your I-9 information, so the employer might call ICE/USCIS, say “hi, may I ask about the person with A# XXXXXXXXXX, the petitioner authorized me to do that”. It could easily be problematic if you have dispute with your employer.
Even the fact that this person applied for asylum could be dangerous, because, in the case of dispute, the employer might call foreign embassy, and say “hi, I have a XXX from your country that applied for asylum in the U.S.”…I mean…it could be very concerning.
@ASYLUM SEEKER
@asylumseeker
I am a asylee, and a software engineer, When i was first hired with C08 EAD, they knew at that moment that i had a pending asylum case. They didn’t give a shit about it, they asked me about it and i told them “Yes”, i have pending asylum.
with e-verify employers can type in your SSN and easily find out if you are authorized to work in the US. IF you are, they cannot just fire you or “not hire” you based on your immigration status.
All you need is authorization to work, it really doesn’t matter. (*Not for State/fed jobs)
– There was no single day, they looked bad at me or thought i am a asylee, in fact my office still enjoys me being the only immigrant in the office, they respect that.
—————
My fellow Asyless,
Please dont be discouraged.
1. Employer can make inquiries, do background checks etc when you apply for a job, all they are trying to find is if you have been convicted for something or your work authorization.
2. Employers can make calls to USCIS to ask about you, but USCIS are not authorized to provide personnel or factual information unless you are sued.
3. Employers may call your COP embassy, so what? You are protected by US for all of that.
Be proud, Being Asylee is not a crime.
Well said. I would add that I have never heard of a company calling a person’s embassy. I do not know why they would do that or what it would possibly accomplish. I just do not think that is something to worry about. Take care, Jason
You are probably lucky then ? There might be cases when things are not going well with employer…
I think particularly contacting country of origin is a very big red flag…probably indicate it’s not a very safe employer…some asylum seekers will be eventually denied and giving out their information to country of origin could be serious risk….
@Asylum seeker are you out of your pills again?
I am not
Employers are not entitled to your entire immigration record, especially for info that is not relevant to employment. As for the fear that someone will report you, that exists in all walks of life and immigrants are somewhat vulnerable to that problem (it is well known, for example, that non-citizens are less likely to report crimes than citizens). In reality, I think it is much more of a perceived than an actual issue for most people (one exception may be people who already have removal orders). While immigrants are more vulnerable, they are not that vulnerable, and reporting someone falsely can lead to real problems for the tattle tale (civil and maybe criminal). So I think you are not as vulnerable as you might think. Take care, Jason
Sounds good. If in the future I have similar issues like that, I will try to consult you about the criminality of such behavior 🙂
I am not aware of anyone contacting embassy as well.
I do know instances where people are being reported by employers to ICE/USCIS…the person does not have a removal order. May I ask why having a removal order or not make a difference in such cases ?
A person with a removal order (that is not on appeal) is a fugitive and can be detained if caught by ICE, and sometimes, if caught by the police. Take care, Jason
@asylum seeker, could you please share your SSN or your A-Number?
Ladies first :p
@ asylum seeker.
Really!. I agree with layla ( you seem to be out) (If this is inspite of the pills. then god help us all. ( No disrespect/ I hope you get better).
okay ? thanks
I mean I don’t even know what you are talking about…
next…
As a mentioned in the other response, I think sharing info with an employer is not a problem. Take care, Jason
This is essentially a non-issue. Everyone shares private info with their employer anyway, and there is no info required that would be particularly sensitive. Take care, Jason
It is probably not possible, especially without leaving the US, but there are some rare exceptions (the most common requires that you were in the US since at least December 2000). I wrote some about this in a series of posts in August and September 2018 – maybe those would help. But you would need to talk to a lawyer to be certain. Be careful, though, and if someone has a solution for you, get it all in writing, from where you are today to the day you get a GC, and have it all explained to you so you know what to expect, whether you have to leave the US, and what are the risks. Take care, Jason
Hello Attorney,
Thanks so much for all you do. I am from Cameroon and member of the MRC party of Pr Maurice Kamto. My party members and I have suffered so much persecution from the hands of Tyrant Paul Biya. He has been in power as president of Cameroon for close to 40 years. I as arrested and locked in Kondengui Prison for Yaounde and was 8 months and later released . I got here with a Tourist Visa and filed for Asylum. Please I have a few questions;
1; What are my chances of getting Asylum given that I got here with a tourist visa and my Cameroon passport is still valid.
2;I am very active on tweeter calling out the shortcomings and evil of the regime that persecuted me. The Government blocked me from their Social media Account, will that help my asylum case please?
3;The US Congress is preparing a document to send to the White House to grant TPS to Cameroon, if this is granted, how will it affect my case?
4: Cameroon’s dictator is planning to hand over power to his Son who is more moderate though the system will remain the same. I am currently campaigning against such a bad practice. Will this affect my case please?
Thanks so much Attorney Jason
1 – How you entered and whether your passport is valid should have no effect on the asylum case (though if you lied to get a tourist visa, you need to explain that as part of your asylum case). 2 – Yes, but you need to get evidence about it – you have to print out any evidence and submit that to the Asylum Office. They will not necessarily look at your online account. 3 – It will not affect the asylum case itself, but if asylum is denied, it may effect whether or not your case is referred to an Immigration Judge (if you have TPS, the case may not go to the a judge, since you are not deportable, but the Asylum Offices have – I think – been inconsistent about this, and some TPS people are sent to court). 4 – If country conditions improve, it could affect the case, but in your situation, it seems you had past persecution. So if they believe you, you are very likely to be approved. The more evidence you can get to back up your claims, the better likelihood of a successful outcome. Take care, Jason
Hi Jason,
My friend has been referred to immigration court. Her Master Hearing date is next summer. She and her fiancé (American citizen) are getting married in November of this year. She is taking his last name. She has a current EAD and temporary SSN in her birth name. It expires in September 2022. Does she need to report her name change to USCRI and request a new EAD and SSN in her married name immediately after marrying? Can she keep working on her current EAD and SSN while the I-130 is pending. She needs to make sure nothing interrupts her ability to work until her status is adjusted. Thanks for all your help.
I do not think it makes a difference, but I am not certain. I have not heard about anyone having a problem for that reason. Also, she presumably has all the evidence of identity and the evidence of the name change, so I think she will be fine. Once she goes to the MCH, she should be able to easily change her name with the court. She can try to do this beforehand, by submitting a request to the judge, but such requests are routinely ignored, so I would not even bother. If the court case remains in her old name, she may need to renew the EAD using the old name too (there is a place on the form for “other names” so she can also list her married name). Take care, Jason
Thanks Jason. Take care. Anne
Hey jason
I should apply for my GC based on asylum next July but the thing is do you think these afghan cases will delay our asylum GC that already late?
Nick, I know you posted this question to Jason, and I am not Jason. Jason may be able to predict what will happen at USCIS in the next year or so, or provide an answer that can soothe what appears to be anxiety. However, think for a second… Do you honestly believe, with all that’s happening at USCIS and with immigration in general, that anyone would be able to predict what will happen in a year from now?
Do I think that? I do not think we can predict what will happen at USCIS in 15 minutes, let alone a year. I do feel confident that the new director and the leadership want to do the right thing, but whether they can actually get much done in the face of all the agency’s problems, I do not know. Take care, Jason
I have heard nothing to indicate that USCIS will shift resources from I-485 cases or other non-asylum cases to the Asylum Office. I think they will not do that, as asylum officers are a different type of officer than “regular” USCIS officers. So I am thinking that the influx of Afghan cases will have very little impact on the already-long wait times for I-485 cases. Take care, Jason
Dear Jason, I am asylee and my green card application is in process since 2019. Planning to move from New York to Chicago just wondering if there is any impact on my case?
You have to file a change of address (form AR-11, available at http://www.uscis.gov), and once you do that, the case will move to the Chicago office. In terms of grant rates, that is a better office than NY, so that part is good. Whether the case will go faster or slower, I have no idea. If I had to guess, I would guess that Chicago is faster, but I really do not know. Take care, Jason
From your post March 7 2018
“ If you decline to accept the first Individual Hearing date the IJ offers you, or if you take a continuance to find a lawyer, it could prevent you from obtaining a work permit (if you don’t already have one—if you already have a work permit, you do not need to worry about this)”
I already have 4th EAD. If I request to take more time from IJ for my MCH to be rescheduled, will I be able to renew EAD?
And if I find a lawyer for MCH and my asylum denied in merit hearing and also in BIA, will my EAD cancelled after denial in merit hearing?
If you have an EAD already, there is no effect if you cause more delay in the case by asking for extra time at the MCH. If you lose the case and do not appeal, the EAD is automatically terminated. If you appeal, the EAD remains valid, but if you lose the appeal, the EAD is automatically terminated when you lose. Take care, Jason
Humble Request to Jason: I had some questions and I was expecting answer from you. Some people are arguing on baseless comments. I request you if you can offer some kind of ban for limited days on some commentators who are distracting focus from subject and creating unnecessary stress. Our life is already stressful and posting unnecessary arguments are really disappointing. I request all to be useful to each other. We all together can understand current situation and process by sharing experiences.
I may yet do that, as there is a lot of noise on the blog these days, but the easier solution is for you to ignore comments that are useless. There are not that many. I do try to respond to all relevant comments, and so the “noise” should not interfere with me responding. Take care, Jason
@Jason & Ron,
I do apologize if I have ever created any noise or distractions in this blog. I truly have a very deep respect to this blog and I do appreciate what Jason has been doing for asylum seekers so far. It often happens when I respond to a frustrated looser who wants to share trashy comments. As I have already granted asylum, I still love to stay with all asylum seekers who have undergone the same situation I faced in the past. I am going to end up making any irrelevant comments here, just because I love you all and respect all of you from all my heart. You are the great people who always become typical citizens of this country. You are sacrifice a lot to become the genuine citizens of the United States some day, and that will doubtless happen. I am so proud to be part of you!
@ Dan, You don’t have to be sorry about anything, You have not done anything wrong.
This ASYLUM SEEKER person has made this platform into a trashy, noisy, nonsensical place and he shares useless, distracting, stressful and anxiety filled unnecessary B.S on a daily basis.
The moderator even though a very esteemed, kind and generous person does not realize this.
So as everybody else said the real problem is with this Asylum Seeker person and the moderator should take some action against such nonsense.
Dan,
You have done nothing wrong. I was doing the same thing you do now with “Asylum seeker “.
It got to a point that I had to apologize to him/her and have mostly been ignoring his/her comments .
I do not believe he/she is an asylum seeker, but I have also left a 10% chance that he/she could be one, and if so,there must be a deeper psychological issue that is going on with him/her, hence my apology to him/her.
Honestly, he/she is an enigma, and ignoring him/her might just be the best approach, so we do not hurt a hurting person, who unfortunately happens to be Xenophobic and racist.
If he is trolling, not responding is a way to not feed the troll.
Personally, I have a high tolerance for unrelated comments (which I usually ignore), and also, I do not think that there are so many comments here that information is lost in the mix. So on the one hand, I think it is no big deal. That said, some commentors get involved in insulting back-and-forths, which I do think are unhelpful and so I would urge regular readers to refrain from that. I have periodically started deleting such exchanges and I may increase that going forward, but I have not yet decided, as I prefer to err on the side of not deleting anything. Take care, Jason
I am sorry about some of the comments if they caused disruption here. I hope it can be better conceived as my inquisition because there is not an available venue for people like us to communicate and share experience or ask questions.
Community usually has support groups. for example, sometimes, “alcohol addiction support group” or “substance abuse support group” so people can support each other. It’s not practical to have an “asylum seeker support group” or “undocumented alien support group” to meet on a weekly basis as it could get easily raided…So, hope you can understand…
Being sorry for a shameless and immoral person who has already chosen not to be respectful and dignified, does not seem to be necessary.
Just FYI, we don’t need any support groups! However, there are something I would like to remind you, that I know how much they can affect your heart:
1- Asylum seekers enter the United States almost everyday: This is a non-stop and a stable process.
2- Trump will NEVER be elected in 2024.
3- You have to pay taxes and pay for your medial bills until the end of your life.
4- You are a looser; no more than a frustrated barking dog!
I mean…
okay next…
I don’t think anybody believes in your B.S apologies/justifications anymore, Real Asylum seekers who have genuine concerns about their asylum cases usually post questions on this forum may be once or twice every 2/3 months and don’t really flood this space with useless, stressful and anxiety filled comments every day.
I don’t think you are supporting anybody on this forum. You are just trying to deceive and frustrate other people who are already suffering.
If such activities bring you any personal joy and pleasure then you are a truly demented and sadistic person.
There are such groups, and they can be helpful. One I know is TASSC.org. If that is not a good fit (or geographically convenient), they may be able to refer you to other, similar groups. Such groups can be very helpful. More helpful, I think, than anything available online. Take care, Jason
Sounds good 🙂 Will check it out when I have time 🙂
Jason
You should have created an Ignore TAB( Yahoo Chat) with this forum if an individual dont like another person chat, He/she could have easily ignore the very same person with out getting being bothered or dependent on you to ask everytimes to ban the person.
Ron and Jason, as usual, I have a different, and obviously unpopular, opinion on this. I think if a person does not like another person’s comment, s/he can simply ignore the comment, challenge it, or use it as an opportunity to educate the person. If, however, someone allows the comments to get to him/her, because of psychological issues or lingering trauma, this person might want to consider joining a forum or group that caters to people who are suffering psychologically.
Avoiding the stimulus that contributes to trauma/stress can be a good thing as there wouldn’t be any external stimulus, other than the ones you can’t avoid, to contend with . As well, exposing yourself to the negative stimulus- depending on how you process or deal with trauma- can desensitize you. You have a choice here.
To me, this blog- and we can hope that everyone does so respectfully- allows for open discussion on topics that tend to evoke all kinds of responses- unfortunately, some of the comments are nasty and even outright xenophobic/racist.
I don’t think Jason should start censoring comments as doing that will help no one. If anything, it would just construct a virtual cocoon/insulation where everyone agrees with each other and genuflects to each other. You shouldn’t be afraid to challenge people’s opinions or beliefs, irrespective of who it is or how horrible it is.
I disagree with you! I’m almost certain that this blog was created with the intention that this would have been a safe space for people to express themselves without being judged or chastised. I welcome constructive criticism; especially when it is really helpful. But not comments that tear down and spark fear in people.
I also don’t agree that we should just ignore comments; because if someone is being a racist, should we ignore it? It should not be allowed and it should be addressed!! Period!!
I have never seen @asylum seeker/granted comment being useful to anyone. He/She/It has only been mantuve troll that needs to be banned and canceled!!
@Liam, challenging @asylum would yield no result.
It’s either he is a troll, or speaking due to a deeper psychological issue.
Challenging him would make no difference.
Do you look at his responses? Either filled with sarcasm or feigned innocence, and consistently so.
Not feeding the troll should be the way to go. I have personally decided to rarely respond to him/her
@Jamie,
“To me, this blog- and we can hope that everyone does so respectfully- allows for open discussion on topics that tend to evoke all kinds of responses-”
Maybe you should consider being more respectful when you call people out, correct, disagree or challenge them, going forward.
I can’t think of any correction you have made recently without sounding condescending.
You do speak bluntly, which I totally appreciate, but you can also do so without sounding condescending with an ” I know it all attitude”.
Hopefully, you read this with an open mind.
Tina, I am sorry you feel that way.
Perception and reality, though, are not the same- neither is disrespect and condescension. I disagree that I am disrespectful in my responses. Most of my “fiery” responses- and they are usually directed at people who are extremely rude to me (first)- are sarcastic and forceful. I don’t just get up and start calling people derogatory names or expressing hatred for no reason.
I agree that I can be very harsh and straightforward with my responses- not rude. Whether that is perceived as deriding, condescending, “know it all”, or disrespectful is up to the reader or the person to whom the response is directed. My objective is to neutralize, with sarcastic and overly wordy responses (like I am doing now), the needless attacks that have been meted out to me. And just as a heads up, I do not intend to “massage” my responses, especially when they are aimed at some people.
As well, I have no qualms about challenging people, traditions, long-established customs, habits, beliefs, etc. I also don’t genuflect to people or agree with everything someone says or does, like I don’t have a mind of my own, just because they have authority, or a source of authority, or in authority. I understand that this can come off as acting like you know it all; I do not intend to bend the knee, or alter me, just because I challenge people or come off as learned or a know it all.
I rest my case.
Tina, my case was rested long ago. Believe me when I say this- I couldn’t care less. Not especially when someone is acting virtuously or pretending to be clean-handed when we are all guilty of snide or sarcastic remarks or comments. I say what I have to say and move on. Like… it’s really not that serious for me.
I would not erase comments that have a different opinion than mine (though I suppose if I did, and you start your comment by stating that you have a different opinion, I can safely erase it – you have been warned!). In fact, I like to have exchanges with people who have different opinions and I think that is vitally important in a democracy. What I would erase are comments that are simply insulting to others or where (in my opinion) the insulting factor outweighs any usefulness factor. I would also encourage people to be sensitive to the vox populi and try to refrain from commenting when you know that the comments will not contribute anything to the conversation. That said, my instinct is to not erase posts, but I am not ruling it out, especially where the posts add no value and take away from the utility of the blog. But certainly, I will not erase posts just because I disagree with the sentiment of the commentor. Take care, Jason
Hi all,
Hope everyone’s doing well/OK during these trying times.
Hate to shoehorn my unrelated woes into this blog, but I’ve encountered something alarming that I needed some guidance on. USCIS approved my EAD request 2 weeks ago after more than 7 months (which is probably a short time these days). They maiiled it to me this Wednesday… but USPS said “addressee unknown” and RETURNED the mail back to USCIS on Friday!?!? I found out too late today, so I can’t call USPS until Monday, by which time I’m afraid it’ll be too late to intercept the package. The Informed Delivery email I got on Tuesday clearly shows that my address and name on the postage was correct, so I’m dumbfounded how USPS could’ve returned my package. Mind you, I’ve received ALL mail except this one. Gotta love government bureaucracies.
Assuming that I can’t intercept the package and it is indeed sent back to USCIS: should I go through their online e-Request to file the Non-Delivery of Document form? Or try to get a hold of a live agent? Also, how long would you think it’d take them to re-send the document? My 6 month EAD extension ends in February, so I really, really need to have my EAD in hand before then – I cannot afford to take any time off work. Any advice is welcome. Thanks in advance!
I was granted asylum then 2 months later my father had severe brain stroke which at the time his life was at stake. I applied for travel document to visit my dad in the country of persecution, but did not do fingerprint as they used the one was taken for the asylum due to covid19 backlog. Now my dad is better and I haven’t received the travel document instead they sent me another letter to do another fingerprint. Any way am not travelling and doesn’t need the travel document.
My questions:
1- Would that cause any problem when I go to the green card interview?
2- why I received another fingerprint appointment?
3- how to cancel the request for the travel document ?
Thanks
1 – I doubt it, since you did not go anywhere. If they ask you about why you applied, you can explain the reason and tell them that you never traveled, so you should be fine. 2 – Who knows? There is no harm in getting the travel document, so I would just attend the appointment and get it. You already paid for it, and you are not required to use it. Also, you certainly do not need to use it to visit your home country. 3 – I guess you can send them a letter cancelling it, or if you fail to attend the biometrics, it will probably be automatically cancelled. Take care, Jason
Unfortunately, this seems to happen a lot. Definitely try the online request to re-deliver. You can also try to reach a human being at 800-375-5283, but that seems to be increasingly difficult. I believe we have had some success with the re-delivery request (it is hard for me to remember, as there are so many disasters these days). Let us know what happens – Good luck, Jason
Hi Jason. In a stroke of good luck, the service request I submitted with USPS succeeded, because they managed to track the EAD for me. It was at my local post office all this time – they never returned it to USCIS after all, even though that’s what it said on the tracking # history. So I don’t need to deal with USCIS, thank goodness.
Your blog is oftentimes the only forum for us to ask for help/advice. Thanks again for your unwavering support and humanity, sir!
That is great news. We recently had a client with a similar problem (not the one I mentioned in the blog post from today). He was able to get his EAD because it was left at his old address, even though we filed an AR-11 and had confirmation. I think if USCIS sends something and it is not delivered, the best first step is to check with the post office, as you did, or go to the old address to check there. Take care, Jason
Hey, may I ask which office your case was assigned to?
So…may I ask…
how receptive are employers of the asylum EAD ?
I also want to ask people who are working without work authorization. I know working without authorization won’t cause an issue…
But how are people able to get work without authorization in the first place ? Like these employer don’t worry that they are committing a crime ?
won’t cause an issue in asylum cases
No you may not ask
I know many people work without authorization.
@Asylum seeker: If that is bothering you, you can go ahead tell the government about it.
It doesn’t, I just wish they could share experience with me so I can also find a job without proving my authorization…
I read that wrong, sorry.
But may I ask why I may not ask…
NO
May I ask why NO…
Hello Asylum seeker,
One of a lady I met in grocery store and started dating for a while told me than she comes with visit visa get a job through some connections, works for six months and go back to her country! Who hires her? Some small businesse owners who would try but not found any Americans willing to do that job!!! The pay for this lady is exactly the same with the American citizen willing that work. I never met any asylum seeker working without work permit😎
@Asylum Seeker: No. That is it.
Okay.
@Asylum seeker: If you are so curious about it, you can go ahead ask the employers about it, and I hope you don’t get frustrated with your research.
There are too many employers…I cannot ask one by one…
In addition, they may not tell the truth to me… 🙁 A lot of them use pretext…
@Asylum seeker: If you are a literate person and capable to understand things accordingly, you can go ahead read Form I-9, which is only two pages form designed for asylum seekers, permanent residents, and U.S. citizens. Employers don’t have any issue with accepting EADs, unless if the position is for a federal job that often requiring U.S. citizenship.
But in reality, whenever they ask my immigration status, usually I cannot move forward…
@Asylum seeker: That is not true.
Hi Jason. I am Asylee and i applied for Green Card in August 2019 and have done Fingure prints in Febuary 2020. My Case is in Texas Service Center. Still no updates. 25 months have passed but no updates. I met Cpmgress man office but we were not helpfull. I know that i can not expedite it. I am mentally distrubed. Want to buy house and can apply for a good govt job so waiting Green Card. How much i do wait more? Any idea?
Sue them if you can. They’re not going to be moving fast anytime soon.
I do not know – the TSC is a disaster. Nevertheless, you should be getting the GC and so you are not in danger of being deported. You should at least rest easy in that. Also, you might make an inquiry with the USCIS Ombudsman (a link is under Resources). They sometimes help with delayed cases. If that fails, maybe talk to a lawyer about a mandamus lawsuit. Hopefully that will not be needed. Take care, Jason
Does anyone know how long it takes for Nebraska Service Center to approve [RTD] refugee travel document alplication.
I applied in May 28 still waiting for approval.?
We have been seeing time frames in the neighborhood of 4 to 6 months. Take care, Jason
Jason, my asylum case was referred to court for MCH. As per my attorney my case is not strong enough to get asylum granted. There are no strong grounds as per my attorney in my case that prove credibility of my fear and future persecution in my home country.
I and my family suffered persecution and no other person can feel the threat of death more than we do. My question is, if my case is denied in final hearing, will I get deported? How can I stop my deportation and stay here safely? After denial , can I renew EAD?
I am sorry to hear about that Ron.
May I ask what is the nature of your persecution and fear and did you really suffer persecution and have fear ?
If so, why was it denied in the asylum office ?
@Asylum seeker, I am not sure if this question could be an appropriate one. An individual may not want to answer such questions, especially when asylum seekers using this website to address mostly process-related questions to Jason.
Yeah, that’s why I asked “May I ask…”
So the person who I asked the question to can have the freedom not to answer……
Dan, I think the moderators of this platform are OK with this Troll’s {ASYLUM SEEKER’s} harassment and nonsense so no point in wasting your time talking to him, This platform is turning more into Anti-Asylumist
I have to disagree with you…There is not a single word in my comment up there saying I am anti-asylum seekers…I am just being very inquisitive and curious…
@Asylum Seeker: You can say as much things as you want. But I can give you the word of honor: You loose, fail, and fail, as you’ve already done.
Okay…I will refrain…I get tired…
Hi Ron,
So Next for you is the master calendar hearing and later individual hearing. Not the end of the world. Many today’s Asylees got Asylum through court – defensive asylum is called. It looks like Asylum officer denied your case (affirmative asylum) and refered you to Immigration Court and not because what your lawyer thinks (in fact find a better one maybe). Also prepare your case for the Individual Hearing and see if you can bring an expert for your country conditions to testify on persecution in that country and how people like your family are persecuted there (if your lawyer was good you already would know that). Hope that helps, JJ.
Thanks JJ.
Maybe you want to get a second opinion from another lawyer, but sometimes, even people who fear harm in their home county do not easily qualify for asylum based on various technical reasons. It seems to me that at a minimum, you need to better understand from your lawyer why your case is weak. If you lose the case in court, you can appeal, and keep your EAD during the appeal process (typically 1 or 2 years, but the time frame is hard to predict). If you lose the appeal, you will have to leave or remain here illegally, with the possibility that you would be picked up by ICE and deported. That is kind-of far off, and you would do better to make the strongest possible case possible by gathering evidence. Also, maybe you are a candidate for “prosecutorial discretion” – I wrote about that on June 9, 2021. Maybe you want to ask your lawyer (or another lawyer) about this possibility. Take care, Jason
Hi Jason.
I applied for GC (A05. asylum) in May 2020. Until now …. ,not received GC.
Can I expedite the application/case for GC.
You can try. I did a post about this on January 29, 2020 – maybe that would help. Take care, Jason
Hello Jason, I appreciate all your help. I have a question; I applied my application was filed since 2014 and I had biometrics in the same year and an interview in 2018. I been applying for EAD since then and was getting it. But I am in the process to reapply this time I saw where it says a biometric fee and an interview are needed. I saw elsewhere, it says something if you have prior application before it shouldn’t be necessary. So I’m confused. Do I need an interview and biometrics and biometrics fee for renewed now? And also even though I had renewed it after the interview was it now necessary before the issue one for me? And is it necessary to submit the biometrics fees? If you could elaborate on those I will greatly appreciate it. Thanks Jason
My understanding is that you need to pay the biometric fee unless you are a member of ASAP or Casa de Maryland. I wrote about this with links to those organizations on September 23, 2020. If you join ASAP (which is free) and provide proof of membership (which they give you), you do not pay the biometric fee. Take care, Jason
Good Day all!
Thank you Jason for all you do. I just have a general question that I need help with. Anyone answer from anyone can help. I am trying to contact USCIS +18003755283 but Emma doesn’t let the call go to a agent. She just say she will disconnect if I ask again. Please how do I speak to a live agent. I did the online chat and they told me that I need to call in. Been struggling for 2 months.
Thank you appreciate any help.
Sometimes there are prompts you can give to get you to an agent, but the menu is frequently changing, presumably to make it more difficult for you to reach a person. I do not know any tricks, except maybe to ask for an Info Pass appointment. Some people here have posted their ideas and maybe someone will comment with something better. Take care, Jason
I always say “expedition request” and it takes me straight to someone.
Hello Jason
If I become a member of ASAP, can I benefit from 30-day processing time after I applied for renewal of my EAD? It takes up to 1 year these days. Thank you.
Really ? 1 year ?
@Asylum seeker: It could be up to one year; are you happy with that? Let’s say all asylum seekers are severely suffering with this waiting game, are you enjoying it?
Maybe that is what is suppose to happen, but I do not think that is what is happening. You should join anyway, since it is free, it is a good organization, and it will save you from paying the biometric fee. Take care, Jason
Hi JASON:
I am waiting for green card from May 2019 at Texas and my request for expedite was denied second time. I see asylees having interviews and getting their green cards when they applied in 2021. Do you think they process I 485 too by FIFO or LIFO? I’m sad that this is very unfair. I am waiting for 2 years and a half and others 6 months. What do you think happened with 2019 and 2020 GC AOS?
Hi @Manuj,
I’m not Jason and you’re better off waiting for his reply. However, I’m in the same boat and I’ll share my knowledge on this topic.
It has more to do with where your application is being processed. Nebraska processes cases way faster than Texas. The numbers are out there to prove it. Someone who applied in early 2021 would get his/her GC already processed in Nebraska, or at least in the final stage; while most cases sent to Texas in 2019 are still pending (might even go back to 2018). This is an issue affection 100s of people stuck at TSC. You’ll find a petition floating around here in an effort to address the issue. So far, USCIS has remained silent. There is no sign of progress whatsoever.
I’m preparing a Mandamus lawsuit as we speak and I encourage people in the same situation (who can afford it) to do so. A class action lawsuit might also help; although I don’t know how this could be organized.
I do not think they are processing I-485 cases based on LIFO – that is only asylum. I do think the TSC is an utter disaster and a total disgrace. The wait times there are insane and completely unacceptable. The issue is, What can be done? Aside from what you did, you might try the USCIS Ombudsman – a link is under Resources. They sometimes help with delayed cases. You can also reach out to your Congress person (there are also links under Resources to the Senate and House of Representatives). Finally, you might talk to a lawyer about a mandamus lawsuit. Why it should be so much effort just to get USCIS to do its job (a job that you paid for it to do), I do not know. Also, there is an effort to take some additional action, including a petition by some of the commentors on this blog – if you check lasts week’s post in the comments section, you will see it. Take care, Jason
Should there be some day I hear some good news about asylum process before I pass away?
I do not think so my friend, i think we need to find another country or live like this at least for next 5 years
I guess this is an incentive to live a long life…
Hi Jason.
Thank you for the great work you do.
I see emphasis being placed on President Biden to deliver on immigration promises like pathway to Green Cards/Citizenship. Unless he addresses USCIS processing times, even if fulfilled, such promises are merely pie in the sky. People will qualify by criteria, but in reality, it will just enable them to join a stagnant waiting list. I hope this is included in all lobbying efforts under way.
Take Care
This is an important point. A pathway to citizenship that takes 30 years is not very helpful. Also, addressing processing times does not need an act of Congress. It needs some efforts to increase efficiency and morale at USCIS (and maybe increase fees, if lack of money is the issue). Take care, Jason
Dear Jason,
I just discovered on USCIS website that we can comment on specific policy changes. Did you know about this option and have you ever done it? Now USCIS is accepting for Refugee & Asylee AOS interview criteria Guidelines until October 18, 2021 (Implemented by Trump Administration). Do you think our comments will help and be considered?
Here is the link: https://www.uscis.gov/outreach/feedback-opportunities
Thank you!
Dear @Pika let’s not worry too much about an interview . In fact , an interview would be a miracle since they do not seem to be processing asylum based green card applications . It would be nice though if they at least called . That means they are actually doing something. We can’t continue to live waiting months and months with no progress . That’s what we should suggest to them . To stop taking a lifetime to process something as simple
Dear @Lucie, my issues is that USCIS is wasting resources and time with interviews in the first place and this policy makes no sense because every Asylees’ identity was confirmed before they even were Granted Asylum. The extra time USCIS takes for unnecessary interviews could be spent going through 2019 – 2020 backlog.
Hope you’ll understand my point of view.
Best Regards,
I think an interview is almost never needed for an asylee adjustment (since the asylee was previously interviewed). Interviews take a lot of time; time that could be used ot process more cases (or more likely, to take another coffee break). So maybe if we encourage them to do fewer interviews, it will help the process overall. Take care, Jason
I have not ever done that. I know you can comment on proposed regulations, but this is something different. Agencies do consider comments to regulations (or at least they are supposed to look at them), so maybe this is similar. There is no harm in commenting – and maybe it would help. Take care, Jason
Hi Jason,
Do you think this influx in afghan asylum seekers will also affect asylum based i-485 applicants who are currently waiting for a decision ?
Thanks
I do not think so, as most Afghans will not be eligible to file I-485 forms. Mostly, they will need to file for asylum, and this system is separate from I-485 cases. Take care, Jason
Hi Jason and others,
I wonder if anyone’s Afghan parole application has been been approved yet? If so, how long does it take to finally come to the US.
I have heard that some are approved and that some people have come here, but I do not have specifics. There are also many thousands of Afghans that the US government has brought here – they are on military bases or elsewhere in the US. Take care, Jason
Hi Jason
Thank you for your help as always,do you know that will USCIS respond Congress suggestion regarding the FILO system?or they might just ignore it?one month passed already but looks USCIS doesn’t have any response
I am not sure I understand the question. Congress sent a letter to USCIS about LIFO/FIFO if that is what you mean. USCIS is supposed to respond to the letter in 40 days, which should be very soon. Take care, Jason
I also want to ask about this…I remember it has been discussed in the blog that the INS has already responded to a similar quest from a congress member back in July, right ? Could it be very possible they render some of the similar responses like that one ?