What’s it like to practice immigration law these days?
For a case in Immigration Court, we write the affidavit, gather evidence, get witness statements, research country conditions, organize everything, copy it, and submit copies to the court and to DHS within the 30-day deadline. We then hold practice sessions with the client and witnesses. A few days before the trial date, we check the online system. The case is canceled. There is no new date. There is no explanation.
We file an application for an asylee’s Green Card. The case takes forever. The client moves. We file a change of address and get an online confirmation. Finally, the client receives an online notice: The Green Card has been mailed and delivered. But not to his current address. USCIS has sent the card somewhere else. Maybe to his old address, but who knows? He does not have it, and requests to re-deliver the card have no effect.
Another case in Immigration Court is set for a Master Calendar Hearing (basically a very brief scheduling conference) in 2022. We check the online portal for attorneys. The case has been set for an Individual Hearing in less than two months. The Court did not call us or send a written notice. No one asked about whether we might be available on the new date, or whether we could prepare and file documents on such short notice. We drop everything and so does the client, rush to prepare the case, and–luckily–receive an approval.
We have a number of clients trying to expedite cases at the Asylum Office. We complete their cases, gather information about the reasons they need to expedite, and submit expedite requests. We receive no responses.
We file a motion to consolidate two court cases–a husband and wife. One case is coming up for a trial, but we want a ruling on the motion to consolidate first, since that will affect how we move forward with both cases. We call the court numerous times to follow up. Sometimes, we even manage to reach a live person. Despite these efforts, there is no ruling after several months, and so we have to proceed with the court case under very uncertain conditions.
We appear for an interview at the Asylum Office. We check in and wait. And wait some more. Finally, we learn that there is no officer available to do the interview, and the client is rescheduled. Meanwhile, the Asylum Office is a ghost town and most offices are empty. Given how little is going on, why is there no one to interview our client? We have no answer to this question.
One of our clients tragically passed away in a car accident. We submit the death certificate to DHS and ask whether they would agree to close the case. DHS expresses their condolences and says they will let us know about our request. We do not hear back from them.
Our client’s husband comes to the U.S. and she wants to add him as a dependent to her asylum case. We send in all the required documents. The Texas Service Center rejects the application because–they claim–our client does not have a pending asylum case. We send in more evidence of her pending case (we previously sent in the asylum receipt). They reject the application a second time. We send the application again, with further explanation (in the futile hope that telling the TSC how to do their job will actually cause them to do their job). We are rejected again. Finally, we contact the local asylum office, who–after reviewing the various rejections from the TSC–add the dependent to our client’s case.
The Asylum Office is expediting all Afghan cases. Apparently, some higher-ups want to show that they are helping people from Afghanistan. We have many Afghan cases, and so now the Asylum Office is pushing us to do many cases over a very short period of time. We do not have capacity to do so many cases so quickly, and it makes it difficult to do a proper job for our clients. Is it really “helping” Afghans to give them very quick interviews if they do not have time to properly prepare their cases?
One of our court cases was canceled at the last minute and rescheduled for a few years in the future. We want to file a motion to advance, so the client can get an earlier date. We contact DHS to ask whether they might agree. They indicate that they need a month to get the file. After a month, we send an email to DHS to see whether they have the file and whether they might agree not to oppose our motion. There is no response, and we send another email. Hopefully, we will get an answer soon.
We file an online FOIA request to get a client’s file. The case is registered with USCIS and confirmed by the client. The online system indicates that we have received a response, but we never received any response. Follow up inquiries with USCIS get us no where. We file a new FOIA request and start the process over.
For our BIA case involving an Afghan client, we receive a briefing schedule indicating that the the brief (the legal argument) is due in three weeks. Since the Taliban have taken over Afghanistan, country conditions have changed dramatically. We contact DHS (the prosecutors) and they agree that we can file a motion to remand the case in light of new country conditions. We send an unopposed motion to the BIA. They say that they did not receive it. We send a second copy, which they receive. However, they inform us that they will not have time to make a decision on the motion, and so we have to file a brief. So we are forced to complete the brief–a significant amount of work–even though DHS has already agreed that the case should be remanded.
These are a few examples of what it’s like to practice immigration law nowadays. In short, it’s bad. And if it’s this bad for immigration lawyers, you can bet it’s much worse for the immigrants themselves.
Hi Jason
I have traveled two months ago with RTD and came back to the US with no issues. Now I’m reading on some blogs that this means that I have abandoned my pending Green card application, is that true? I thought that RTD is enough and that it replaces advance parole to protect I-485 and keep it pending.
Please help me I’m freaking out
Unless you missed an appointment from USCIS, there is no problem. Traveling on the RTD does not cause you to abandon a pending GC application. Take care, Jason
Hi, Jason and everyone here,
I’ve applied for my ead renawal a month ago and still no receipt, no news. If anyone applied for an ead renewal with asylum pending, please share your timeline, did you get biometrics appointment, does everyone get biometrics? I remember for my previous ead renewals USCIS applied my first biometrics and I didn’t even receive biometrics appointment,did USCIS change rules? Any help and information is greatly appreciated.
Rules have changed, but in terms of biometrics, I think you will not have to do those (though you never know – sometimes, they are needed). But you should get a receipt soon. It normally takes maybe 3 to 5 weeks, but it could be slower. If you do not get it soon, maybe double check that you mailed the form to the correct address. Also, if you paid the fee by check, you can se if the money was taken from your bank and also get a copy of the cashed check, which will have your USCIS receipt number stamped on it. Take care, Jason
@Mariya
It took USCIS about 1,5 months to send me the receipt after I submitted the application.
Hi Jason,
Do you see any progress in scheduling asylum interview. It looks like it is completely unclear what USCIS is doing. We are waiting for more than 4 years for interview and this is totally unfair.
They are scheduling some interviews, but in terms of expediting cases and old cases, it seems they are focusing on Afghan asylum seekers (many of whom have been waiting for years for their interviews). I think for an older case like yours, you will probably not have an interview soon unless you are from Afghanistan or you try to expedite and they agree (which is not easy, as most expedite requests are not approved). I wrote about expediting on March 30, 2017. Take care, Jason
For a case in Immigration Court, we write the affidavit, gather evidence, get witness statements, research country conditions, organize everything, copy it, and submit copies to the court and to DHS within the 30-day deadline. We then hold practice sessions with the client and witnesses. A few days before the trial date, we check the online system. The case is canceled. There is no new date. There is no explanation.
That was happened to me last week. Waiting this appointment since 2017. The judge didn’t come online without any reason. At one PMs, She didn’t appear on Webex then my Attorney called her office and they said its not on today >?????????? why ? Is this the US ? 5 years waiting ?? What should I have to do now ????????
This is happening a lot (I am working on a separate blog post on this point). The only options are (1) wait for the next court date, whenever that is, or (2) file a motion to advance and try to get a sooner date. I wrote about that on April 20, 2017. I suppose you can also try a mandamus lawsuit, but that would be after you try to file a motion to advance first. Take care, Jason
What can I get from mandamus lawsuit ?? Can I get my Asylum decision without hearing for example ? , I’m so confused, My first appointment was 04-20-2020 and rescheduled because of covid now this one without any reason has been canceled,, Almost 6 years of my life just waiting, Also if I will grant the asylum I have to wait almost 6 years to get a citizenship,, ):
I have never done a mandamus lawsuit for an Immigration Court case, and I think you cannot even try that until you first attempt to get a sooner court date in the “regular” way (by filing a motion to advance – I wrote about that on April 20, 2017). However, if you file a mandamus and it works, you will get a sooner court date. It does not guarantee that your case will be granted; only that you will have a decision (for better or worse) within a period of time ordered by the federal judge in the mandamus case. Take care, Jason
Hi NAB, sorry to hear that. Same thing happened to me in New York city court. Can I ask which court is your case in?
Is there anyone from Texas and has gone through interview, individual hearing and finally grant asylum? I am completely losing hope.
Don’t lose hope. But u should have known that asylum is a high bar …
We have only a few cases in TX, but I can remember one Iranian case that was approved at the asylum office and one Afghan case approved in court. Both were a couple years ago. Take care, Jason
Hi Jason
I hope you’re doing well
I got waiver fee for my work permit 20 OCT
and my card will expire 8 NOV
Do you how long takes to get my new card?
I didn’t receive yet and I’m waiting for that
Do you know🙏🏽
We are seeing wait times of about 5 to 7 months to renew EADs for asylum seekers, but it could be longer or shorter. If you have the 180-day automatic extension, you would remain eligible to work for that period of time after the actual EAD card expires. Take care, Jason
¡¡ATTENTION ASYLEES!! Please read : Our fight isn’t over ; In fact it is just getting started. As many of you are know the degenerates who work at USCIS and handle the transfers / adjudication process ( Not talking about the honest individuals who have no power or make any decisions whatsoever ) but the sick and corrupted higher ups who send the memos and control your life , those sick individuals have proven they HATE asylees. We were able to obtain proof that they are holding hostage around 9600 plus Asylum based applications at the National Benefits center , Texas Service Center FY20-21 . The only center that is actually known to work on these type of applications without any type of malice or agenda is Nebraska and they for some reason stopped taking in these applications , only a few after summer 2021. We contacted some reps and were able to obtain information that they claim to be working on years long backlog. But , we noticed in recent data and although the backlog decreased there , The National Benefits Center and Texas continues to hold this batch of 9600+ A05 GC applications on hold, and not transferring to actual adjudicators . Basically freezing them in time under an archive hellhole warehouse . Asylees LISTEN UP : you cannot stay silent ANYMORE , you need to expose the ongoing CORRUPTION and ABUSE that is taking place at USCIS. You need to contact your senators TODAY and NOT ask for a case status for which these degenerates will send an automatic reply ; but you need to demand answers and ask why they are holding hostage your documents in limbo . You need to EXPOSE their disgusting agenda . What is more sickening is that an USCIS employee on reddit slipped and commented under a post that they do these practices with revenue in mind because they predict that many will continue to renew their work permits ; therefore , they can cash in on more unnecessary red tape. Disgusting and Evil.
Start TODAY and expose what they are doing with your senators , and moreover demand the DHS Ombudsman to launch an investigation on the freeze of these applications. USCIS has been able to get away with corruption and LIES for years , but they have been caught because the numbers do not lie in their own data release under their annual reports ; alongside the many testimonials of individuals who are still stuck INTENTIONALLY.
We also have a petition going around , and we need as many signatures as we can . BUT, here is the most important thing and there is power in Numbers , Biden wants to give $MILLIONS of DOLLARS$ to the Corrupts at USCIS “ to streamline process” . We KNOW that even if they get this money , they will STILL continue their EVIL practices . To STOP this GO NOW >>>>> write to President Biden and tell your story . This depraved and SICK agency DOES NOT need a PAYDAY they need to be Investigated and prosecuted for their Willfully evil malpractice of LAW ! >>>>>>
https://www.whitehouse.gov/contact/
Dirty animals! … thank you Carla for your help and efforts in dismantling that devil of institution . I know if the president knows he would investigate them and sanction them !! Barbaric !
I’m strongly and respectfully disagree with using any inappropriate word against USCIS. If someone within this agency personally hates asylees this should not urge asylum seekers to do the same. I personally respect all USCIS individuals and kindly ask them to help us more, as we need their help!
@Layla, o please. With all due respect, spare us the “we should take the high road” BS. Many of USCIS staff members are clearly corrupt- and they deserve to be called out for their egregious conducts and immoral behaviors.
I am waiting for someone to explain to me how Nebraska is able to process most asylum based GCs, even during the middle of the pandemic, in 1 year or less and Texas is taking 3-4 years. One of my friend is waiting for almost 4 years- 2 months short of 4 years, actually! He has no criminal history and his asylum case is straightforward. Another one is waiting for 3.7 years! I am also waiting for someone to explain to me why the Texas center has not created any dent whatsoever- in terms of processing asylum-based GCs- over the last 5 years. Instead, it appears that applications are being piled up without decisions- and no one can provide a justifiable reason. Instead, they ridiculously blame “background check”- usually in the form of boilerplate responses- for their glaring xenophobia against asylees. Obviously, as well, they are saying that the Nebraska center doesn’t do background checks as this center is able to process asylum based GC applications in about 1/3 the time it takes Texas to make a decision on the cases that unfortunately end up at their “processing” center.
Bravo @Jamie ! I love the way you express yourself every time . I agree… let’s stop the hypocrisy . This agency from hell has gone too far . If we are talking about decency they have humiliated us for too long. They need to pay ; and I am hoping that is a collective lawsuit where all their disgusting lies and malpractices are exposed in front a judge who can see through their bullsh!7 !
I totally agree. This is clearly coming form higher ups. They could be sued for the way they manipulation processing times alone. Technically, you cannot make an inquiry to your case if it’s within “normal” processing times. What is “normal” to them remains to be determined. But what’s worse is that they manipulate it to make it seems that Nebraska and Texas service centers are on pairs. This couldn’t be further from the truth. You just have to look at the quarterly reports to see that Nebraska processes on average 4 times more applications than Texas. This is borderline cover up.
Here is my issue with the new director, and @Jamie, this goes back to my former criticism. Yes, she’s not been there for long but she didn’t take any step (at least none that we are aware of) to resolve what she promised to aggressively tacle. In her most recent interviews, when ask about the steps she’s taking to resolve the backlogs, she just recites what she’s been fed by internal memos. There’s no sense of urgency whatsoever just praise and celebration. This isn’t how you change a culture.
Oh please @Layla … stop with your fake decency . These lowlives do not deserve any respect whatsoever . It’s clear what they’ve been doing for years . Cashing in on checks for work permits/ green card applications of asylum seekers/ asylees and putting them through so much pain and humiliation for years . If anything they deserve is to be investigated by international advocates , sued by thousands of those who have suffered in their hands and be literally dissolved to nothing . They are the biggest disgrace in Government …
Oh please @Layla don’t be pathetic dear . We don’t need their “help” . We need them to do their jobs that we pay them to . Obviously according to law and grant to whoever is eligible . But they just need to get to work quickly and stop playin stupid games …
USCIS is definitely causing a lot of pain and anguish for many people but calling them dirty animals might not be appropriate, We are still all Asylees/Asylum Seekers and we are seeking sanctuary/refuge from them so not sure if calling them dirty animals is appropriate, may be something less harsh
Alex,
I’m not condoning the name calling but is where I split with you, we were granted refuge, we followed the progress and were granted a sanctuary by either judges or asylum officers. Even USCIS Director admitted that if they are not capable of adjudicating cases in a timely and fairly manners, then they are not doing their mission. Do not try to make sense of something that doesn’t sense.
Cordy,
I agree with you, I have been waiting for my interview since 6 years (filed for asylum in jan 2016 and still waiting) so I feel the pain but not sure calling them dirty animals will fix anything
There is a fine line between gross mismanagement and depravity , and they have simply crossed the line. They need to be taken to the highest court of law for their travesties against humanity
Domeic, right. They should be investigated/audited. The stench from the discrimination against immigrants, particularly asylum seekers, has seeped through the cracks many years ago. I don’t know who they are trying to fool.
I just submitted my complaint on this form. I think if we all submit our stories of dealing with USCIS processing our asylum based green cards maybe Biden administration will notice this huge problem
I just submitted my complaint on this form. I think if we all submit our stories of dealing with USCIS processing our asylum based green cards maybe Biden administration will notice this huge problem
Hello Jason,
USCIS has rejected my I-485 application stating that I cannot use mixed types of payment methods, as I had sent a check for my wife and the G-1450 form for my application.
Do I need to re-fill new I-485 forms after took care of the payment method or should I keep the same ones they have sent me back? I can see that there are some printed notifications appear at the bottom of each page with a hand-drawn line under the bottom of page 1.
Also, I had submitted my application to Nebraska Service Center, but received the rejection notice from Texas! Any thought?
Thanks for your help!
NADIM hello , which state are you applying from ? This is weird .
@Beba: Wyoming
It seems to me that there should not be an issue if you are using one type of payment method for one case, and another payment method for another, so I am not sure I understood what happened. If the form is still the current version and there are no errors, you probably should just re-submit the same documents they returned to you, correcting any issues that they mentioned in the rejection letter. Take care, Jason
Nadim, why would you send the I-485 application to Nebraska when the instructions clearly tell you where to send the application? You are lucky they didn’t reject the application for not filing it correctly.
@Jamie: Where an asylee can file his I-485 to if he lives in Utah or Wyoming?
Hello Jason .I have some health issues which caused me some short memory loss and some difficulty talking .is it ok to request to expedite my interview and do you think that my health condition will effect the approval as AO will say am disabled and I will be a burden on the government ? While am still employed and doing a regular job ? Thx
May I ask what health condition it is ?
brain cyst , brain vessel issues
I hope you get better SAM and hopefully get your interview and case approved soon. GOD Bless man
I am sorry to hear that…
@Asylum seeker, so-called????
You could try to use this as a basis to expedite – I wrote about expediting on March 30, 2017 – maybe that post would help. I think the Asylum Officers to not consider whether you might be a burden to society in making their decision, and so this is not an issue, particularly since it seems you are not a burden at all, but are working. Take care, Jason
Hi,
I had my individual hearing in the beginning of Oct , the judge granted my asylum but the DHS reserved to appeal . we did not receive any letter yet, yesterday our lawyer told us that DHS does not anticipate an appeal that what he told him. should this give us some relax please
thanks
Yes, but you can completely relax after the 30-day appeal period ends and if there is no appeal. Also, I have never seen a situation where DHS said it would not appeal and then changed its mind. Take care, Jason
Hannah, if you don’t mind which court was your Individual Hearing?
New jersey
Jason, can I get / apply for travel documents while my case is in MCH? I will appreciate your reply.
Unless you already have GC and have not yet given that up, you cannot travel and return to the US while you have a case in court. If you leave, you will likely be considered to have self deported and you may not get back in. I have seen people with TPS leave and return, but I think they take a big risk, but TPS is different than Advance Parole based on asylum pending, which I think would not work. Take care, Jason
For many ASAP members, work permit renewals are taking a long time to process. We have repeatedly asked the government to address these long delays, but the government still has not fixed this issue. ASAP is considering suing the government to help members fight work permit renewal delays!
Through this survey, we collected information from thousands of ASAP members about the delays they are experiencing in their work permit renewal applications. We will share this information with the government to show how big of a problem these delays are for asylum seekers. The survey also offered opportunities for ASAP members to let us know if they are interested in receiving regular updates about the lawsuit, speaking out publicly about these delays, or being a plaintiff in the lawsuit.
Jason,
I was contacted by ASAP today to see if I can be a plaintiff in lawsuit against USCIS, I applied for EAD renewal 7 months ago, they were looking for people in San Jose, CA. I am not sure if I have the time or energy to do this.
What do you suggest?
They were looking for people in San Francisco/ San jose area. I filled out the survey and provided my EAD extension letter to them but they want to talk to me to see if i can put my name on the lawsuit.
Not sure if I need the hassle…
I suggest you do it if you can. I doubt it will take much time or energy. Usually for cases like this, only the lawyers have a lot of work to do. They may want you to help them write an affidavit about your experience and maybe provide some evidence, but I doubt it will be that burdensome. And certainly it would potentially be very beneficial to all asylum seekers. So I would urge you to do it if you can. Take care, Jason
Hi Jason,
I’m planning a travel to Europe in couple of weeks, i have a refugee travel document and an I-485 pending, is there is any risk associated with my travel, can they deny entry?
I have applied for asylum 2 days after my status ended 6 years ago, is this a ground for inadmissiblity?
If you were granted asylum, which you clearly were, there is no issue with admissibility due to a prior very short overstay (there is no legal bar for overstaying by less than 180 days anyway). So as long as the RTD is valid and you do not miss any USCIS appointments, you should be fine. Take care, Jason
@Jason: I’m reading some legal opinions stating that you should apply to advance parole as well along with RTD to not abandon your GC application, which seems really weird to me
I never heard of such a thing – I think you are fine. My clients travel all the time with the RTD and no one has yet had an issue. Take care, Jason
Quarter term grade:
What grade will you give to the current administration for their contribution to the asylum community ?
I will give it a B+. Many things improved, and also in drastic contract to the previous one.
Hi Jason, thank you for all your efforts to asylum community, I just want to know your thoughts about the recent immigration reform news, updating registry date to 2010 and visa backlog and parole in budget reconciliation, isn’t it cruelty to leave people behind because they came after 2010, how about asylum seekers in limbo, how about essential workers? I am an essential worker who works full time during pandemic and also it’s been 6 years that I am waiting for my interview, I am really disappointed with the whole system.
It is extremely disappointing. I do not have much opinion on it – I am not optimistic that any of these resolutions are going to get passed, and so I am not looking closely at them. I feel like the best bet for a deal is some type of compromise to increase “border security” in exchange for regularizing the status for people who are already here, but I am not seeing that proposal on the table, and it seems to me that most advocacy groups for immigrants are not pushing things in that direction. Maybe they will get a reform without tightening the border, but I am feeling pessimistic about that possibility. Take care, Jason
Hi Jason
My asylum-based green card has been pending for a long time . Since I’m married to USC we thought of submitting an I130 to change it to marriage-based. Should I request a change of underlying basis for the i485 or actually send a whole new package ( I130+I485). some people said you cant’ have two I485 pending in the system. Thank you
Do you mind sharing your timeline and where ? Texas , Nebraska or the National Benefits ?
I do not know about this, as I’ve never tried it, but I would not recommend it. For one, it may not be any faster. For another, filing two applications may interfere with each other. I do not know, but as far as I can tell, there is one file for each person, and so that file might have to be shared between the two I-485 cases and this might create problems. In any event, if you really want to try this, talk to a lawyer to see whether they can research whether it is possible or will make the situation worse. Take care, Jason
Hello Mr. Jason,
We (my parents, me, my brother) applied for green card in December 2019 after being granted asylum in 2018. We gave biometrics in January 2020, except for my brother who was 12 at the time.
In June 2021, we received a biometrics appointment for my brother but we called to reschedule it as we were going to be out-of-state on the day of the appointment. We were never called, so we called again in September to reschedule and received an appointment for the first week of November.
What are the next steps going to be? Can we expect the application to be finalized and approved after my brother’s biometric appointment? We did not receive any RFE and already submitted medical exam reports last year, around these times (were we supposed to receive any confirmation on the receipt of the reports? I remember USPS showing them delivered but we never received a receipt for them and it doesn’t say anything about medical reports on myUscis status).
Thanks…
Each case is processed separately, and so the fact that your brother has a biometrics appointment (because he turned 14) does not have any meaning for the other cases. You are in the time frame where we have been seeing decisions, so hopefully you will get news soon for everyone. As for the medical exams, if you sent them separately from the original I-485 applications, hopefully USCIS matched them with your applications. If not, they will send you a request for the exam. Take care, Jason
Jason, your thought on this.
https://www.google.com/amp/s/www.cnbc.com/amp/2021/09/30/immigration-us-will-no-longer-deport-people-simply-because-they-are-undocumented.html
Thanks
That should be considered a win for the immigrant community.
But I wish the Secretary could secure the border and extremely vet people who are trying to enter. According to my observation, there has been many bad people coming in…an unhealthy trend.
Yeah!
Your observation is worth jack sh#t either here or anywhere else
Hm
Fool
Actually, I recant my word. The people crossing the border are usually the ones I don’t have an issue with. The people that I have issue with mostly arrive by flight. There are certain groups that I favor over others…I guess…
No body asked you what you do/do not favor or gives a cr#p about you personal preferences/observations, Find a psychiatrist who can help you
I love your comments, you always make my day cause i love to laugh 😆
We will have to see how it is implemented on the ground. I think they will still try to deport people in immigration court, but maybe it will be easier to request prosecutorial discretion. We shall see. Take care, Jason
Hey all . Is there people here with their Asylum AOS at the NBC/ MSC. Any news , any updates ? I applied in November last year . No movement and every time I inquire they tell me to look at processing times , but there is no processing time for that place.
Jason, to me (emphasis on “to me”), USCIS has been allowed to get away with murder, so to speak. It also appears that many attorneys have simply thrown in the towel. There should have been several legal challenges- some in the form of class action lawsuits- already mounted against USCIS/EOIR for the impermissible and inexplainable delays in processing of, or making a decision on, certain applications for benefits. Li v. USCIS, a recent lawsuit brought against USCIS, is a good example. Ngwaniya V. Gonzales, an older lawsuit, is a classic to me.
Given the current political landscape, or the current state of things (such as, for example, USCIS having a Dem-appointed director), USCIS is ripe for reform. As there is no evidence to suggest that Ur Jaddou is willing to do a shakeup or make drastic changes at USCIS, though it’s still early in her tenure as USCIS director, one can reasonably argue that the only way to get her to act is by challenging the organization in court- as a group of disappointed customers and interested parties (immigrants, lawyers, etc.)- that she helms.
It’s not only the unnecessary delays/ untenable arguments for delays that is the issue at USCIS/EOIR. The issues are myriad- there are seemingly unexplainable inconsistencies among USCIS centers in terms of actual processing times (the difference in processing times, for the same application, between centers can be over 2 years for certain benefits), losing applications/misfiling of applications, the failure to follow up on requests or inquiries, the inability to reach a live person at USCIS/EOIR, the general disdain with which you and your case are treated, etc.
One of the most vexing issues for me is having an asylee wait 2-4 years for a decision on his/her GC application. How do you defend having someone who’s already been thoroughly vetted, interviewed, lived as an asylee for at least one year in the U.S., no criminal history after/before being granted asylum, and one who has likely submitted several biometric information wait for 3 years before you approve his/her GC application? Also, why are EADs and RTDs taking 6-8 months to process? If everything is taking forever to process, and USCIS does not actively engage with or respond to inquires or requests, what exactly are the USCIS employees doing?
Bravo @Jamie . This couldn’t have been said more perfectly . One thing that blows my mind is why are they not processing asylum based adjustment of status or why do they take many years / months to take some sort of action . Somebody needs to raise these abnormalities to higher powers in government and ask for “timely and fair” due process . I actually wanted to throw up when I read the commenter USCIS reply below “ USCIS is committed to adjudicating benefits in timely and fair …” I mean I feel like this is some sick joke read again * committed , * timely and *fair . None of that is true , it’s all lies and abuse of power .
@Carlota, I am really hoping that things will change, especially the processing times, over the next couple of months or so.
Let’s keep our fingers crossed dear !
There’s no beating around the bush, Ur Jaddou has been a disappointment. Being someone who followed USCIS updates, I can tell you there’s been fewer policy changes under her leadership than her predecessor. It looks like there’s more praise around her being the daughter of immigrants than actual shake up at the agency. As you said, there’s no sign things are going to change anytime soon. It looks like her priorities, as well as Secretary Mayorkas is to polish the public image of them aka PR stunts, and naturalize those that are eligible as fast as possible. Not very ethical but that’s just politics. The others are secondary priorities.
She’s just a hypocrite . I got word from some lawyers who are litigating and she is fighting back / this is in regards to another form of benefits to other group of people ; but at the end of the day is the same crap . They’re all useless . Who cares if she’s the daughters of immigrants . Processing times and delays are worse since Biden has been in office and since she was appointed .
I guess it’s hardly surprising. To be honest, the default position of not caring is…somewhat good actually. Cause I like the stability of status quo, government inaction, still.
But, besides that, do you feel she displays a favor towards some groups of immigrants over others ? Is INS is mistreating everybody, then I am good. If they treat somebody better than others, then I have an issue.
@Lana, she’s only in office for a little over 2 months. Let’s give her the benefit of doubt for now.
@Cordy, she’s only in office for a little over 2 months. Let’s give her the benefit of doubt for now.
I agree with all this, but I do not really think lawyers have given up. I think there are other priorities for most of the impact litigation organizations. The GC processing issue is relatively new, and so maybe there is litigation brewing in that regard, I do not know. One issue for me is the border – I think too much energy is being focused there, and more energy should be focused on resolving the cases of those who are already in the US. For whatever reason, many advocacy groups have focused on the border, and this distracts from other efforts they may make. Many immigration lawyers disagree with me on this, but I feel like the border crisis is getting more attention than is appropriate, and this has the effect of allowing other issues to fester, including GC delays. Take care, Jason
Jason, I really hope lawyers are preparing to file several class-action lawsuits. These lawsuits will at least give us some insight into what’s happening at USCIS.
I have not heard about this, but for the most part, the only lawyers who have the resources to file such cases are at non-profit organizations, often in combination with big law firms. Take care, Jason
Hi Jason,
I follow and appreciate all the time you take to engage and answer our questions. Im concerned though is the NBC processing any asylum based greencards? Its one thing to be slow but im wondering if anyone has received their green card based on 1 year asylum grant lately. Its almost like they have completely stopped.
I do not know. I know you cannot find any processing times for the NBC. I am not sure whether they actually process the cases, or whether they just send the notices in the mail and the cases are processed elsewhere. I am trying to keep an eye on my list serves for more info about this, but I have not seen anything yet. Take care, Jason
Jason, our case is in MCH for next year and I am on my spouse’s application. We have been separated from long time and divorcing soon. After marrying to my friend who is a US citizen, how can I remove my name from court hearing and from application. Thanks
You will have to file a motion with the judge to separate the cases. You hopefully can get your GC based on the new marriage (I wrote about this on August 6, 2018), and so you might do well to find a lawyer to help with the motion and with the marriage-based case, as such cases can be tricky and you do not want to lose your chance for a GC just because you did not follow all the bureaucratic procedures. Take care, Jason
hello Jason
my work permit expired, and 180 days expiring in few days, and I did not get the work permit card yet,
I checked the receipt number information on uscis site, it says that we received your Form I-765,and sent you a receipt notice or acceptance notice.
is there any further extension than 180 days?
Unfortunately, there is not. You can call USCIS (800-375-5283) and try to get a person. If you can do that, maybe you can get an appointment to get your card extended, since now you have an emergency and could lose your job. It is difficult to reach anyone, but that is probably your best bet. Take care, Jason
Dear Jason . Are you able to contact the new director Ur Jaddou and ask her why they are holding hostage asylum based green card applications at the national benefits center and Texas … no movement no nothing for me and many and hundreds of others … please ? If you are able ask her why such category takes a lifetime when it should be something so simple ….
I do not know her and cannot contact her. We have been working with Congress on the asylum backlog. The GC backlog is another problem, but it is not one I will have time to work on any time soon. One person here was trying to lobby Congress and make a petition about that issue, and so hopefully, they will have some success. Take care, Jason
Hey family
For Christ sake how do you get to speak to a LIVE person at USCIS??
(800) 375-5283
What’s the point to having a customer line but never ever get a chance to speak to someone, the robot is just annoying and will disconnect itself.
Anyone had luck speak to someone? I once used a trick to say technical problem but today it didn’t work at all, anyone tried to speak live with someone to share the tips?
Jason?
I almost never call, as I don’t have an extra 3 hours to spare so they can tell me that they cannot assist. One thing to try is to ask for an Info Pass appointment. Maybe that will get you to a live person. Good luck, Jason
If you want to speak to aperson it’s always good if you call like amin after the office has just opened,usually you will be able to get to speak to areal person.And the other trick that has worked for me twice is I spoke in aforeign language other than English and the IVR robot directed me to areal person,I hope it helps it’s indeed frustrating but call the moment the office opens.if it’s 8:00am make sure 8am to the dot you call.
Hi sir i have two questions:
1. My Ead is going to expire on 11/14/201 what can i do right now so that i wil get automatic extension of 6 months ….
2. Can i update my adress online using ar 11 form please guide me
1 – You have to file to renew your EAD before it expires. If you do that, you get an automatic six month extension of the old card. If you file after the old card expires, you do not get the extension. 2 – Yes, use form AR-11 available at http://www.uscis.gov. You can file on line. Take care, Jason
@Jay: Thanks for raising this EAD extension question.
Jason, in that case how can we convince employer that we are eligible to work as we don’t have any written extension for our work permit? And what our answer will be to question “have you ever worked without valid work permit?
2nd to this
Employer can verify your employment eligibility from the EVS system. You don’t need to explain anything. Once you tell them you are eligible, they almost verify you within the system. And results are almost instant.
Take care,
What if the employer is being nosy ?
For example,
If they ask:
What immigration status are you in ?
What is your work authorization base on ?
How long do you have left in your current work authorization ?
Can I see your EAD ?
Can I see your passport ?
Can I see your asylum stamp ?
Can I see your approval notice ?
What’s the response then ?
@Asylum Seeker,so-called: Are you talking to yourself?? When will you understand that employers do not ask these kind of silly questions?? This explains that you are a liar when pretending that you are an asylum seeker!
I think you are not eligible to work if the EAD and the 180-day extension expire. Maybe the employer will keep you working anyway, or maybe you can take “vacation” until you receive the new card, but as far as I know, you cannot work lawfully once the extension period ends. If you work unlawfully, you would have to answer a question about that as “yes,” even though it was not your fault. This has no effect on an asylum case, but could potentially affect some other types of immigration cases. Talk to a lawyer if you are worried about that. Take care, Jason
Hi Jason,
I just noticed that USCIS is now accepting online application for new EAD or renewal if you have an online account with them.
However I noticed that there’s no c(8) to select for pending asylee.
This a good tool for all those Asylee who can’t afford an attorney, as the system can correct you and guide you through feeling it.
Can you please enlighten us on this too if you’ve tried it? What option should a pending asylee selects?
I have not tried it, so maybe other more computer savvy people can comment. However, my guess is that c-8 people cannot apply for an EAD online due to the extra requirements imposed upon them. Maybe (hopefully) I am wrong, but that is my first guess based on what you’ve written. Take care, Jason
Hello everyone, Jason i have a question, my individual hearing is going to be on February 2022 and last night when i checked online, my judge name has been changed to visitor judge 28!!!, what that mean? It means any judge has been assigned yet, also do you think my hearing date is going to be changed again, cause it was postponed last time because of covid, i really appreciate for you help.
I don’t know, but either you will get a new judge for that date or the case will be postponed. You can call the court and try to get more information. You can find their number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason,
Are there any differences in terms of results to be granted by the asylum officer or immigration judge? As if one year waiting period for Greencard application.
I do not understand the question – if you mean, are different asylum offices and judges approving asylum at different rates, then yes. Whether your wait time for a GC is affected by which judge or asylum office heard your case, I do not know. I doubt it, but I have no idea. Take care, Jason
What if you travel to Iraq on Rtd and Iraq is not your COP?
Visit it as a religious place?
I wouldn’t…
He did not ask you Dumbass, Go take your pills
Alex
First of all I’m a she…hehehe..and thanks for your reply,😄
If you do not have asylum from Iraq, it is no problem. Take care, Jason
Hello Jason. I was wondering if you know why the government ever got rid of the INS and founded the USCIS ? I have been seeing photos of how this INS used to operate many many years ago and it is painful to believe they used to be way more efficient and faster and they had in person services; kind of like the DMV . In and out on the same day. Compared to the nightmare of USCIS , I still have a hard time comprehending why on the year 2021 they are probably the hardest to deal with , and most incompetent agency in government. To say the the least … and keep getting worse each day
INS was broken up after 9-11 and the creation of DHS. USCIS was meant to handle benefits, and other agencies, like ICE, were meant to handle enforcement and prosecution. I don’t remember INS being particularly efficient, and asylum cases in the 1980s and 1990s took many years – probably longer than what we see today. I think the real problems with USCIS began a few years ago and the agency has a long way to go before things are better. Take care, Jason
Jason, I am so glad you mentioned this haha. I don’t know what part of INS, especially when it comes to asylees, was efficient. There were limits on everything- some of which could take over a decade to remove or for things to start moving again.
This comment reveals that you are an old timer (like me, I guess). Perhaps Lamentations is correct: There is nothing new under the sun, especially when it comes to immigration. Take care, Jason
Hi. I am Asylee. My country Identity Card Expired and Passport of my Home country is also near to expire. Can i renew both?
If the government of your country allows that, I guess you can. However, if you fear your home government, you may need to explain to USCIS or the US government why you renewed your documents and why your government allowed that. If you fear a terrorist group in your country, as opposed to the government itself, this is easy to explain, but if you fear the government, you should know that this could potentially be an issue, so you should be prepared to explain if asked. Take care, Jason
Hi Jason,
I am an asylee My I-485 case had been in NBC since April. (Timeline: I have applied for I-589 2015, Interview was 2020 February became granted asylee, Applied I-485 April 2020 my case had been in National Benefir Center MSC… ) As you recommended I have wrote to my Congressperson. They have connected with USCIS and sent me below response from the USCIS regarding my case. and added that I hope this information is helpful to me . Do you think it’s worth to ask for my senator as well ? If I do USCIS would not give me hard time because I keep putting pressure? I just don’t want to wait another 2 years without knowing anything. I would like to know my rights if I can make this process easier. I really appreciate your review for this matter.
Thank you
“Thank you for your inquiry regarding this constituent’s immigration matter. U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent’s case is pending at this time. USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security and compliance with all relevant directives. While the processing steps for most applications or petitions are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays. For example, if our review reveals an issue that may impact an individual’s eligibility for the requested immigration benefit, further inquiry is needed. The inquiry may include an additional interview and/or contact with another agency for updates or more comprehensive information.
We are unable to determine at this time when the review process for the application will be completed. USCIS will issue a decision on your constituent’s case once certain issues are resolved. We are striving to resolve these issues as soon as possible. We understand that ……… may be frustrated by the progress of this case. However, USCIS must balance individual inconvenience against broader issues of public safety and national security.”
This means they didn’t even bother looking at the congressman inquiry. They have complete unaccountability and no one bats an eye.
What a complete disgrace ! that response must be a joke . How can they live with themselves ? I mean ….it makes you sick to your stomach , it sorta proves the notion that they are in fact sadistic and enjoy mentally torturing immigrants. Despicable .
Hi- this looks like a boilerplate response.
Exactly! And what bothers me about those replies is that they tend to emphasize the “national safety and security” argument as a way to justify the outrageous, unnecessary delays. Not to take this kind of concerns lightly but Asylees are “extremely “ vetted; Live and work in the US for years. The extremely lucky ones who got to the point of being eligible for GC asylum have been here for at least 3 years. Permanent residency does not shield you from deportation if you become at any point in the process a threat to public safety. What more do you want?
Shameful. Just shameful.
Well said.
May I follow up about this ?
I think you are right to think about that. which makes me confused about the rationale and mindset behind these things.
Okay, so even you can tell that the “national safety and security” arguments are not genuine…
So…I’d assume that…the INS officers … will have predicted you will have such reaction…presumably…right ? Because I tend to think they are highly trained and more professional and probably more intelligent than asylum seekers…
so, knowing that even the asylum people could tell the response is not up to the bar…why do they still issue such response ? Is it because there is no real harm in them doing so, so they don’t care ? or is there some other purpose behind they issue such response, beyond the visually obvious ?
What I mean is, I am sure they know what you are complaining about. assuming I am correct, they still do this in the face of it. I guess it’s reasonable to assume…there is a reason behind that, right ?
May I ask what might be the reason(s)?
@Asylum Seeker,
Simple. Lack of accountability, abuse of authority, and like mentioned above, psychological discouragement. There are also concerns of Internal mismanagement of ressources. For instances, millions of dollars were allocated for the digitalization and modernization of forms and services; after 5 years, a limited amount of forms are available online; Emma is still not very helpful to customers. Again, lack of accountability. Cover up is not out of the window.
Okay, I guess you are saying, after weighing in. They still think it’s the most equilibrium choice to respond that way. I am a big advocate for status quo…but sometimes…I am not sure if status quo is good enough…
I’m saying they do it because they can.
The USCIS response is utter garbage. What “public safety” issue can there be? They already vetted you for the asylum case. Unfortunately, I doubt there is much to do about it. USCIS is a disaster, and I doubt inquiries from Congress will make much difference. I do not think they will hurt, but I think they will not help. I do not know anything effective you can do to make them faster, unless maybe you have a reason to expedite – I wrote about that in January 2020. I suppose you can keep inquiring through Congress and maybe even sue them. Short of a lawsuit, I am not convinced much will work, but you can keep trying. Take care, Jason
Hello Jason, thanks for what you’re doing and for sharing this with us.
I got my asylum approved and applied for a green card a while ago, nearly two years now and haven’t heard anything. Is this common and you think I will have to wait more? I also find a new job but has a 30% international travel which will be a lot of traveling. Will it be manageable with a travel document or is there any paperwork I should do with my company? Will the traveling potentially affect to cause more delay on the green card and citizenship process in the future?
Thanks Jason
Such delays are pretty common for the GC, but you should get some news soon – you can check processing times at http://www.uscis.gov. If you do not have a passport, you probably need the Refugee Travel Document (form I-131, available at http://www.uscis.gov). The problem with the RTD is that it is only valid for one year, and if you want to renew it while it is still valid, you have to mail the original to USCIS. The renewal times is probably 3 to 6 months, so you will have significant gaps in the time that you can travel. Once you have the GC, you can use your passport to travel, assuming you have one, and assuming you are comfortable with that (since you may have a fear of persecution from the home government). An alternative is the Re-entry permit (also obtained using form I-131, and valid for 2 years), but typically that does substitute for a passport like the RTD does. In short, even if you have your GC, it can be a bit tricky, but if you plan in advance, you should be able to mostly travel when required. Take care, Jason
This is so painful to read. Thanks for sharing this, Jason.
I’m an asylee, recently reunited with my family after several years of separation. We have applied for their social security and it’s been nearly 3 months now. They told me they’re waiting for a confirmation from the immigration. Is this common to wait this long for social security? In the meantime, they didn’t get any receipts or anything from the immigration office at the airport upon their arrival when they process the paperwork for their permanent residence. They just told them they will get their green card in the mail and nothing is here yet. How long does this usually take and how can we track the progress since they don’t have a case number or anything else?
Thanks in advance!
Did they arrive here based on I-730 petitions? If so, you should have filled an I-765 for them for work permits, and that also allows them to get an SS number. In terms of the time frame, I do not know how long the wait is, but they should have some evidence of status – a visa glued into the passport, an approved I-730, hopefully an approved I-765. There is a link under Resources called I-730 Family Reunification Manuel, and that has some good advice for trouble shooting problems in the process. Maybe it is worth a look to see whether it gives you any ideas. Take care, Jason
Hello Jason
My kids have been approved visa on i730
We also applied non immigrant visa for my parents in law who are their guardians back in the home country but unfortunately it was rejected
Both me and my husband have rtd…what are the options of bringing the kids to USA?
My husband is the dependent on my case…can he go to home country for a day or two to bring back the kids?
Thank you
In general, it is definitely better for the dependent to return home than the principal. Most likely, that is safe from a US-immigration perspective, but it may depend on the case (for example, if you said in the case that your husband was also in danger, you may need to explain how he stayed safe when he returned). An alternative would be to have your family bring the children to a third country and you meet them there and bring them to the US. Take care, Jason
Jason, thank you for sharing this information. I need to renew ny work authorization and I came across this question about being ever charged or arrested. I participated in a rally in my home country and afterwards police took us to police station, we weren’t charged or arrested as rally was legal and actually police’s actions were illegal, and no one gave us any documentation why we were taken to police station. I’m really confused on what should I answer to that question because I haven’t been arrested or charged, no legal documentation was given to us(as rally was legal).
Which country is that ?
@Asylum Seeker (So-called): None ya!
I am just very curious…I am always interested in learning about different countries and cultures.
Is this blog your only source to get info about different cultures? We don’t talk about culture here: George, the curious!
It’s the most outspoken one.
@”Asylum Seeker”
Google would be a very good resource to learn about cultures in detail, since you are interested in many cultures.
I am particularly interested in your culture, and why you are seeking asylum even though you are from a civilized white nation. There would be no better resource than you, as you are already here with plenty of free time.
Tell me about your culture.
@Tina,
I think that “George, the curious”/So called asylum seeker is not that kind of educated person so that he/she wants to learn about cultures. How come someone with all these psychological struggles would like to know about cultures and beautiful things of this world??
This kind of personality always reminds me Edvard Munch’s famous portrait of “The Scream”
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Check the I-765 instructions, as that may discuss whether you need to mention such an incident (since it is not an arrest, maybe you do not, but I forget the exact wording of the question). Also, I did a post in September 2020 about work permits where I think I mention this issue. If you are not sure, you might check whatever you think is more appropriate (yes or no) and then hand write “See cover letter” next to the question. In the cover letter, you can explain that you were detained by the police but that it was political, and that you were never actually arrested or charged. At least that would avoid the situation where USCIS thinks you are lying about the incident. Take care, Jason
Asylum seeker, I am not Jason but you have too answer “yes”. Then add a note about the situation
Hi Jason,
I have a question about Form G-1450, I’m in process of renewing my ead and I need to send Form G-1450 to pay $495 fee. On the website it says Form G-1450 is used to pay with credit card, but I only have a debit card, so I was wondering if I can submit Form G-1450 with debit card info? Anyone who used Form G-1450 with debit card please share your experience, was it accepted? I’m afraid of getting denied
I think a debit card works the same as a credit card, and so I doubt it would be a problem, but I do not have direct experience with that. Maybe someone else knows specifically about debit cards. Also, if you are a member of ASAP or Casa de Maryland, you should be able to avoid the biometric fee. I did a post about work permits in September 2020 where I provide links to those groups. Take care, Jason
Can an asylum seeker renew passport for their country of origin ?
@Asylum seeker (so-called): What are you going to say if the answer is “Yes”?? Something like: How come a government renews the passport for an asylum seeker if it is a persecutor government?????
Then you want to say that asylum seekers provide falsifying information when the apply for asylum????
I am just very curious…
Please stop answering asylum seeker, he just needs therapy, I feel sorry for him
@layla please for god sake don’t reply that person called asylum seeker he/she from the midwest such a redneck from Kentucky i guess and he/she has nothing important in her/his life so come here to bullshit so treat him like stray dog and please ignore her/him
@Layla, but what if the government is not the persecutor? Do you know who the persecutor is in Asylum Seeker’s case?
Yes, but it could have consequences for your asylum case, depending on the case. If you fear the government, you may need to explain why your home government renewed the passport of someone they seek to persecute. Take care, Jason
Thanks Jason for weighing in 🙂
I will think about it…
HELLO JASON
Question:- I have a friend whose asylum was granted in 2018, him and his wife are both here and their children (all less than 10 years old) are still back home. Now they have been approved for the kids to come here in the US. 1.Would there be any legal complications if the younger brother (adult-35y) accompanies the children from home to the US?
2. Are there any visa specifications and or limitations in the event that if he comes they expect him to leave right away or they will bare him from even attempting to get the visa or ultimately give him a ban?
3.How would you beat advise in this scenario please? NB. The option of unaccompanied minors has been taken into consideration BUT how best can the above be explored?
Thank you
1 – I do not see why, as long as he has a visa to come here. 2 – I cannot say, as it depends on what type of visa he has. He would be expected to follow the requirements of that visa. 3 – I do not understand the question. If the issue is that the children need an adult to come with them to the US, the family will need to find someone to do that. A family member with a US visa or has US citizenship is the best bet. If that cannot work, maybe one of the parents can go to the country to travel with the children (whoever was the dependent on the asylum case may be able to return to the home country to help the children, at least from the point of view of US law, the dependent does not need to show a fear of harm in the home country; only the principal applicant needs to show this). You might do well to talk to a lawyer about this, to see the best way to bring the children here safely, and to decide who should accompany them on the journey. Take care, Jason
Svosve
We are in the same boat…my parents in law are the guardians of my kids and we had applied their visa but they were rejected today
Even we provided a letter from congressman but it did not work
Hello Mr. Jason,
Is it true that “if you have stayed in the USA for 10 years you can not be deported”
Please advise. I appreciate your kind help. Thanks so much.
That is not true. If you have been in the US for 10+ years, and you are in Immigration Court, and you meet all the other requirements, maybe you can get Cancellation of Removal, which would allow you to get a GC, but it is often difficult to get that. In any event, having been in the US for 10+ years does not automatically protect you from being deported. Take care, Jason
Hello,I have been waiting for interview for more than 5 years ,I know I m in backlog as many of others.
I tried to expedite but no results, it didn’t work. Thinking of mandamus lawsuit but I m scared with this move
1. What are the chance of getting mandamus lawsuit accepted compared to keep trying expedite interview, is mandamus easy to accept or is also a game of luck
2. How is uscis going to consider me if a do mandamus, are they going to simply deny my asylum case in term of retaliation I really need help on what to do,I have lost all hope to ever see my case resolved
1 – Generally, the asylum offices would rather give you an interview than fight the mandamus case, and so a mandamus lawsuit may very well get you an interview. 2 – I think it is unlikely that they would deny a case in retaliation for a mandamus lawsuit. I guess it is not impossible, but I think it is unlikely and I would not let that worry stop you from doing a mandamus if you otherwise want to try it. Talk to a lawyer about the specifics of your case to see whether the lawyer thinks a mandamus would be helpful, but typically, they seem to get interviews for people. Take care, Jason
It has been 5 years for me. No one is getting their interviews, and no one in government is doing anything to improve the situation. Short list, apparently, is longer than the regular list now. I haven’t filed up an expedite request, but have heard from some people that is useless too. What else is left there? Suing the agency?
I feel that it’s a little irresponsible to place all the blame on U.S. government…I feel that people also should be asking…why these countries continue to persecute people, like…do they have morality ? Is there anyway we could improve the human rights on this asylum seeker-producing countries…
@Asylum seeker, I’m glad that you are talking about morality!!! However, If those asylum seekers’ country government had morality, they would visit the U.S. only for tourism. Additionally, please feel free to share one single thing that can prove asylum seekers are burdens to U.S.
Tip: Hate and racism related perspectives are not counted.
I just think, for decades, no one seems to think about this. the signal and message.
The asylum seekers’ country could just say “okay, you can seek asylum in the U.S. after all, so I guess I don’t need to change my behavior…cause if u don;t like it, you can just go to seek asylum in the U.S.”. When are we going to hold persecutors accountable ?
The direct problem is that … since all these persecutors are not changing their behavior, the source of the problem…the asylum seekers… will continue to flood the asylum system…hence the backlog and the delay such…
I really do believe that the U.S. has done an adequate job in offering protection…it is not responsible to constantly revisioning itself to account for persecutors’ continued persecution…Why only the U.S. needs to spend so many efforts and resources to change its system…why can’t the persecutors stop persecuting ?
You can sue (we wrote about this in the context of getting a decision on October 2, 2018, but the principal is the same). However, to do that, you need to “exhaust your remedies,” meaning you need to try to expedite the case by making a request with the asylum office and/or a member of Congress (I wrote about this on March 30, 2017). We are seeing some expedite requests accepted, but it varies by office and seems to me to be largely a matter of luck. Take care, Jason
Hi,
My status change to schedule for interview after applying for i485, is that good news
Hi Bae,
Is this asylum based I-485?
Can you please share your timeline. Where and when did you apply?
I think interview scheduled is a good new since they are working on your case. Plus, most of the people I know received their GC few days/weeks after the interview .
Good luck
Hi Jason,
We were reffered to court and it has already been rescheduled 3 times in the last year. Next date to appear is in 2023🙄. I’m filling out renewal of EAD now and see that under c8 category you have to get biometrics again for a renewal. Do I send the $85 for that with my application then? And will they send me a notice when to go for it then? I can’t seem to find the info on the internet. Thanks
If you are not a member of ASAP or Casa de Maryland, you have to pay the biometrics fee – you would sent that with the application. Alternatively, you can join one of those groups (ASAP is fee; I think Casa is free or very inexpensive) and present evidence of that, and you can avoid the biometric fee. I did a post about work permits in September 2020 with links to those groups, and the groups also have info about filing for work permits. Take care, Jason
Got an asylum grant in 2019, and I applied for Gc in Jan 2021. Got a status saying I should get an interview soon. It scares me
They are painfully slow, but the notice sounds like at least they are making some progress. Also, sometimes they interview people because of an issue, but other times, they just interview people for no reason at all. Be familiar with your asylum case in the event that they ask about that (usually, they do not, but they can), and you should be fine. Take care, Jason
Hopefully it means progress is being made and you will get scheduled for an interview in the next few weeks. Take care, Jason
Hi, I am on my husband’s asylum application with my kid. We are divorcing soon and my kid will stay with me. What will be our (my kid and myself) status after divorce and can I file my own asylum application because I don’t want to get in troubles going back with my kid in my home country. my husband’s case is in court and still waiting to appear before judge.
You should talk to a lawyer, as I would need more detail to advise you. However, once you are legally divorced, you will be out of your husband’s asylum case. This means you need your own application for asylum or something else. If you plan to apply for asylum, you have to be aware of the one-year filing requirement (you have to file within one year of arriving in the US – I wrote about this on January 18, 2018). My guess is that you have been here more than a year already. The short answer is that your safest course is to file your own asylum case before you get legally divorced. Otherwise, you could face issues with the one year bar. But it also sounds like your case is in Immigration Court. If so, you need to talk to a lawyer to advise you. As for your child, the child can remain part of the father’s case or can be part of your case (or maybe both). Again, talk to a lawyer to sort this out. Take care, Jason
My green card application is more than 2 years in Texas office and before 4 months they sent it to NBC. Still nothing new. I am homeless this time. I don’t know what to do?
This is a real disgrace – why it should take more than a few weeks to process an asylee’s I-485, I do not know. Maybe make an inquiry with the USCIS Ombudsman – a link is under Resources. That is free and they sometimes help with delayed cases. You might also try your Congressperson. Good luck, Jason
Why are you homeless?
Asylees can work and rent without work authorization.
Most employer doesn’t like asylum EADs…
And some people may have reservation in presenting those for I-9….
@Asylum Seeker (So-called): That is not true..
I’d be very surprised if my claim is not true…
Hello Jason,
I have a pending asylum application plus a NIW (EB2 grees card) petition. After I get NIW petition approval, can I ask USCIS issue advance parole for me to go to the third country for consular processing? Is it a humanitarian reason?
I am not sure whether that would be considered a humanitarian reason for travel. I think you should try to find a second reason – if you have a sick relative to visit in a third country, maybe you could use that as a humanitarian reason. I wrote more about AP on September 11, 2017 – maybe that post would help. Take care, Jason
Hello, Jason
What is the waiting time to receive the renewed work permit? Can I submit the form to renew my work permit 10 months before the expiration date?
Thank you 🙏🏻
The earlies you can submit the forms is 180 days before the old card expires. If you submit prior to that time, USCIS will likely reject your application. We are seeing wait times of probably 5 to 7 months to renew, and so it is a good idea to submit as soon as you are eligible. Take care, Jason
Jason: Thanks for sharing this… I am waiting for the last 7 years, interviewed in 2018, still waiting for a decision, before this administration, my congressman and senator used to send inquiries for me after every 90 days. Since March, this has stopped, they are not even replying to my emails. Is it because they are in government now, and they do not want to disturb the USCIS that is headed by them as democrats? I hope not..
I doubt that is the reason. I really do not know what they are doing with their time, as the offices are always pretty empty. I guess between Covid, and shifting priorities (they are interview Afghan cases on an expedited basis), plus lots of people arriving at the Southern border, they do not have time to do much else. I have made a number of expedite requests, and I also have not received any responses, so it is not only your case. Take care, Jason
My dyslexia made me read it as “bureau of death”. I thought what a name for USCIS. It should be a new scary movie.
I think you are more accurate than me…
Jason, thanks for sharing this as most of these relate to most of us seeking asylum here in USA. I came to the point where I lost hope in everything. I hope we all stay safe…
Nothing getting better ! I was referred to the judge in 2019 since then I have never been in the court. All I know is the court has been canceling and rescheduling hearing dates every few months with no specific reasons. The crazy thing is,they don’t send any notification.
Yes, it is nice to receive a notice, but that only happens sometimes. You can try to advance your case – I wrote about that on April 20, 2017. But this often does not work, as judges have limited capacity to schedule cases on short notice. Take care, Jason
Maybe I should not have posted these, as it is pretty negative and I don’t want to make people feel bad, but this is also the reality. Cases are still going through and there is still good news, but the bureaucratic nonsense is what seems to take most of my time, and I know it is extremely frustrating to people stuck in the system. Take care, Jason