Maybe you’ve heard this old joke–
One night, a policeman sees a drunk man searching for something under a streetlight and asks what he has lost. The man says he lost his keys and they both look under the streetlight together. After a few minutes the policeman asks if the drunk is sure he lost the keys here. The drunk replies, no, he lost them in the park. Surprised, the policeman asks why he is searching here, and the drunk replies, “This is where the light is.”
Asylum interviews these days remind me of this joke. We spend–literally–hours sifting through testimony and evidence, as the Officer goes on a fishing expedition for fraud, even in cases where it’s quite clear that no fraud exists. Why is this happening? How can you prepare for these questions?
As you know, the Trump Administration was not a fan of asylum seekers. In September 2019, the long-time Director of the Asylum Division, John Lafferty, was ousted and replaced by Andrew Davidson, a career official who had run the fraud detection unit at USCIS (this, despite the fact that Mr. Lafferty had recently received a leadership award and was well-liked by agency staff–and by me). Since then, the Asylum Division has shifted its focus to look more closely for fraud.
In a sense, you can’t blame the Asylum Division for the change. President Trump was elected largely on a restrictionist platform, and he repeatedly attacked asylum seekers as liars and fraudsters. So the Administration was basically doing what it was elected to do. Also, fraud is a problem in asylum cases. Even from an “insider’s perspective” (to the extent I am an insider), it is difficult to know how much of a problem fraud presents, but clearly, it is a problem. Nevertheless, the approach taken by the Asylum Division to root out fraud seems largely ineffective and inefficient.
Given that the new procedures went into effect during the Trump Administration, you may be wondering why this is still an issue nine months after President Biden was sworn in. For one thing, Mr. Davidson (the fraud detection guy) is still running the Asylum Division. Since personnel = policy, the agency continues to work overtime to search for fraud–even in cases that are clearly not fraudulent. Also, my sense is that the Biden Administration has no great love for asylum seekers. They famously kept certain Trump-era restrictions in place at the border to limit the number of people able to request asylum, and they have not reversed a number of Trump Administration changes that make life for asylum seekers in the U.S. more difficult (for example, LIFO and burdensome EAD rules that apply only to asylum applicants).
Hopefully, the Biden Administration will revisit its policy towards fraud detection. Not because USCIS should not be looking for fraud, but because the search for fraud should be more targeted, and decided on a case-by-case basis. The current fraud detection procedures are more of a witch hunt, targeting all cases, including cases that are obviously not fraudulent. This wastes a lot of time, time that could–theoretically at least–be used to interview more applicants and possibly make some progress on the backlog. As of now, though, the fraud detectors are out in full force, and asylum seekers would do well to understand what this means for their cases.
The enhanced fraud detection protocols have added a number of new questions to almost all asylum interviews.
For example, one common question at the beginning of the interview is, “How did you prepare your asylum form and your asylum application?” What the Officer really wants to know here is whether the applicant is presenting her own story or whether the story was made up by someone and given to her. Follow up questions ask about how the application was prepared, who assisted, how the applicant knows the people who assisted, whether the form and application were read back to the applicant in a language she understands, etc. These questions would be relevant if there was a suspicion of fraud, or a reason to believe that something was amiss, but why are they relevant in all cases. Isn’t it sufficient for most cases simply to make sure the applicant understands the contents of her application and affirms that everything is true and correct?
Officers also ask about how the applicant found his attorney: Who referred the attorney to the applicant? How did they meet? What language did the attorney and applicant communicate in? Again, I understand why these questions would be relevant if the Asylum Officer has reason to suspect the attorney of being a fraudster, but why are they relevant in most cases? What does it matter that you learned about the attorney from your cousin’s friend? Or from an ad on the internet? If the attorney is suspect and USCIS is building a case against him, I can certainly see the point. But otherwise, this whole exercise seems to me a waste of time.
Officers also usually ask about the visa interview and application process. Did the applicant apply for a visa herself? Or did someone help her? Was everything in the visa process true and correct? You have to be careful about these questions because the Officer will have a copy of all your visa applications. If you lied on a visa application, now is the time to admit to that lie (better yet, you should provide an explanation for the lie in your written affidavit and include evidence if you have any). Since the Officers have the actual visa applications, it is easy for them to determine whether you did not tell the truth, and if you do not admit to the lie at the asylum interview, the Officer will likely use that to make an adverse credibility determination and (probably) deny the case. Admitting to the lie will not always solve the problem, but if you lied to get a visa in order to escape from harm in your country, that alone is not a sufficient basis to deny asylum. See Matter of Pula, 19 I&N Dec. 467 (BIA 1987). For me, the problem with these questions is that applicants often do not remember their visa applications, and in some cases, the U.S. government perceives a lie where there is none. Also, I disagree with the basic premise that a person who lies on a visa application is also lying about the asylum application. If there are other credibility issues or reasons to suspect fraud, that is one thing, but misrepresentations on the visa application alone should not discredit an otherwise credible applicant.
Finally, Officers these days sometimes ask for social media handles. I wrote about this before, but presumably, they can look up your social media posts to see whether they contain anything inconsistent with your asylum claim. How much snooping they actually do, I do not know, but I have heard about one case where a gay man made a joke on Facebook about marrying a woman. This created a bureaucratic mess for the man until he finally convinced the Asylum Office that he is, in fact gay (which he is). The point being, social media contains all sorts of nonsense, and when Asylum Officers go mining for fraud, they need to be careful not to misinterpret harmless posts for something suspicious.
All in all, it seems to me that the Asylum Office’s efforts to investigate fraud manage to take significant time, but accomplish little. “Fraud” questions should be reserved for cases where fraud is an actual possibility. The broad-based approach that involves questioning everyone, no matter how clearly legitimate their cases are, is adding to the backlog and taking resources away from cases where fraud may, in fact, exist.
Hey Jason, I am surprised that this forum is a home for asylum seekers. I have a question this little lady came to my free immigration clinic the asylum officer after 2nd interview concluded that the document she gave as a birth certificate was fraud. There is a misrepresentation case on her. Now she testifies that document was old but came from a minister who is dead. She is referred to immigration court idk how start. In court do I have to prove the ministers identity or we can just go with her testimony ?
I am really not sure what you need, but if a person is in court and there is an issue of fraud, they should have a lawyer assisting with them. There are many ways to try to show that a document is authentic – expert witnesses, other evidence on the same point, other witnesses who know about how the document was obtained, etc. It depends on the case and the situation, and I would recommend this person have a lawyer assist them with the case. Take care, Jason
Hi Jason,
After reading these lines you wrote:
“Admitting to the lie will not always solve the problem, but if you lied to get a visa in order to escape from harm in your country, that alone is not a sufficient basis to deny asylum”
I have a question about what happens during the Green Card adjustment of status.
if you admitted to the asylum officer for lying during the visa interview and using false supporting docs(NOT the passport ), will the GC officer use this to deny your application?
Thanks
First, you need to mention this on form I-485 and check the box indicating that you made a misrepresentation. Then you need to include an explanation with your application. If you fail to do that, you will then have “lied” on the I-485, which will create problems. As long as you admit the lie, you should be fine. In the worst case, USCIS would ask for a “waiver” under INA 209(c). This is relatively easy to get, but you would still do well to consult with a lawyer. Under Matter of Pula, lying to escape one’s country would not block a person from asylum (this is the language you quote above), and so in our experience, USCIS has not asked generally asked for a waiver, but I suppose they could. As long as you apply for the waiver and have no other adverse factors, it should not be difficult to get the waiver. Take care, Jason
Hi Jason, Can you please remove those who commented unnecessary things in your blog.
Your posts as well as the explanation you wrote on the comment box helped us a lot. Getting immigration advice is not a joke for us, some of us waiting for interviews for 8 years. Please remove those who make jokes about our life. Thank you
I prefer to err on the side of not removing posts. I am removing some that I think are particularly inappropriate or useless, but the best thing to do is ignore posts that are not of interest. Take care, Jason
Hi Jason
When I took my study online it shows me
“ Next Step Is an Interview
The next step in your application is an in-person interview”
It has been like that since 2017 Its in Arlington Virginia do you know how long I have to wait?
Arlington is moving very slowly and they are mostly focused on Afghan cases, so if you are not Afghan, I doubt you will get an interview anytime soon. You can try to expedite, but those requests have also gotten nowhere in Arlington, at least for me. I wrote about expediting on March 30, 2017. Take care, Jason
Hello Jason,
As a member of ASAP can I apply for ead c8 2 weeks before the 150 days? Do you think uscis will deny my application if I apply earlier? I could lose my job if I don’t have a notice receipt to show my employer so they could extend my work authorization.
Please wait for Jason’s response.
Your post appears like you are renewing your EAD. I am not sure though if you are renewing under the same category (c8), since you are referencing ASAP.
If so, you can apply to renew up to 180 days before your current one expires, ASAP membership or not.
I’ve a c3 ead and I want to get a c8 ead. My actual ead expires on 12/23.
That is different. If you are applying for a first time EAD based on c-8, you can apply anytime, as long as 150 days have passed since you filed for asylum and you have not caused any delay in the asylum case. If you apply before 150 days, it is most likely that USCIS will reject the application. Take care, Jason
Ok. Thank you for the insight. I reach the 150 days 2 weeks after my actual ead expires I hope my employer will understand it and no fired me.
Last question, can I apply for I-765 and I-131 together at the same time?
If are talking about applying for Advance Parole based on asylum pending, you can do that anytime after you file for asylum and receive the receipt – it is a separate application from the I-765 (for certain people with pending cases, they can get an EAD/AP document, but asylum seekers cannot). I wrote about AP on September 11, 2017. In terms of work authorization, you will not be able to legally work once the first EAD expires and until you receive the initial c-8 (asylum pending) EAD. Working without authorization does not prevent you from getting asylum, though it could have other immigration consequences (for example, if an employer tries to sponsor you for status). Talk to a lawyer if you are concerned about this issue. Take care, Jason
I would not apply early, as that is a recipe for rejection. If you apply 150 days before the EAD expires, you will get your receipt in maybe 4 or 6 weeks and then your card will be extended for an extra 180 days, so that should be enough time to process the renewal. Take care, Jason
Hello Mr.Jason,
How many days does it take for case status at my.uscis.gov to update for the biometrics? My brother gave fingerprints last week after rescheduling and it still has the first update from January 2020 (“we received your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number SRC…”
My parents’ and my status is “fingerprints relating to your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number SRC…, have been applied to your case.”
Also, my brother wasn’t 14 when we applied so we didn’t pay the $85 fee for him (only $750 because we filed them at the same time and sent them in the same envelope). Will that be asked now?
By the way, any updates from Texas Service Center? Historic Processing Times says 12.9 months for “Based on grant of asylum more than 1 year ago” but Case Processing Times says 14.5 Months to 43.5 Months. Have you had clients who recently got their GCs from TSC?
I do not know how long it takes to update online, and it may not update at all (though as far as I remember, there is an update after biometrics at some point). In any event, if he did the biometrics, he should be fine. I think he will not have to pay the biometric fee. There are no updates from the TSC that I have seen. It is extremely slow. That said, most (but not all) of my asylum adjustments there have so far been in the range of 1.5 to 2 years. Take care, Jason
Jason, I was actually shocked when you said 1.5 to 2 years. I don’t know anyone who has had their I-458 (asylum based) application decided that quickly at the Texas center. This was probably in the past. Most asylees- and I know and am aware of many asylees who are currently trying to adjust their status at TSC (some of them go through the non-profit org. I volunteer with)- wait 2.5 to 3.8 years. They also don’t process applications in the order in which they receive them. For instance, one asylee applied in February 2018 and is still waiting. Another one applied in April 2019 and was just recently approved.
Your clients are very lucky. It could also be where they live, I guess. TSC probably hates New York residents/asylees. TSC is a hot mess.
I-485**
Maybe I am living in the past, or not keeping close enough track, but that is the time frame I have seen over the past couple years. More recently, we had a guy who got an RFE based on a criminal issue in his country, so that delayed his case, but he got the card in just over 2 years, which was on the slow side for most cases. To be fair, we do not do a huge number of these cases, as I encourage people to do it themselves, but maybe we do 10 a year, and I think that is about what we are seeing for most cases. Take care, Jason
Jason, this sounds like good news.
Jason, I received MCH in Texas. I am looking for options to move my case in different where approvals rates are more than TX. If I move my family to different state, can I keep my employment in Texas? Should I move before MCH or after receiving Individual hearing date? Please advise. Thanks
If you move, you can request a change of venue, but that is rarely worth it. Unless maybe you have a really terrible judge. Also, if it looks like you moved solely to get out of the TX court, but your family is still in TX and your job is in TX, it is going to look pretty bad. If they think you are lying about your address, they may suspect you are lying about your case. I would be very careful about this, and maybe talk to a lawyer to decide what to do. Take care, Jason
Thanks for your response but I am not clear. I want to work in Texas and want to move my family some other state. I want to move my case to different state like NY where approval rates are higher than TX courts at individual hearing with IJ. After moving to NY I am planning to come to Texas to work over weekdays and stay in NY over weekends.
Another question is should I move my case before MCH or after getting Individual Hearing date? Thanks
My friend Ron, whatever you are doing, drop everything move out of Texas as you answered your own question, Texas IJs are just sitting in the court to reject cases, my case was recently rejected. How much ever you try to prove, they will just say you were not harmed enough to get an asylum approval. Move out of Texas yes to NY, NJ, CA and update your address asap and also file for change of venue in the state you move and get the state ID to prove legetimacy.
All the best and always thankful to Jason.
To Rejected Seeker,
You have a good point, Last year I had an option to move to either Austin, Texas or San Francisco, CA, I chose San Francisco for exactly the reason you are mentioning.
Talk to a lawyer about the specific, but my concern would be that the judge thinks you are not telling the truth about your address. If you are really living in NY and have evidence of that, you should be fine. Also, not all judges in NY have a high approval rate, and so you may go to a lot of trouble and still get a bad judge. If the judge you have now has a very low approval rate, maybe this plan is worthwhile, but otherwise, you are making a lot of effort and you may still end up with a bad judge. In terms of moving the case, you can do that anytime after you move. TX courts have been good about moving cases prior to the MCH, at least in my experience. Take care, Jason
@Rejected Seeker,
I am so sorry to hear about your case denial. I hope you get a positive outcome on appeal if you plan to.
I think Ron is saying he wants to move to New York, but continue to work in Texas.
“After moving to NY I am planning to come to Texas to work over weekdays and stay in NY over weekends.”
Ron, have you explored the option of a transfer( if your company is in NY), or find something else in NY?
I will pursue this Court process without giving DHS a reason to question me on anything that will have the semblance of deceit, not because you are trying to deceive.
If you hold a Texas DL, and work in Texas, how would you claim to live in NY to DHS? What you want to do should be okay, but with immigration, I will not risk it. Just my two cents.
Good luck!
Hi Jason
it has been more than one year since I left my home country (Ethiopia) with a scholarship that will allow me to stay in the US. Due to the current situation in Ethiopia, I will not continue my program so they let me option out with a master’s degree by the end of this Fall (2021). I am a J1 Exchange Visitor Visa holder that was expired in 2020. According to the law, I must leave the country once my program ends, but I can’t go back home right now. If I do, I will be in an isolated camp or worse in prison because of my race. I am here in the US since Fall 2019 and did not leave the country since then. The law says I must apply for Asylum within one year of arrival. So, my question is it possible for me to apply for asylum now? How can I build my case to win approval for asylum?
There are exceptions to the one-year filing bar. I wrote about those on January 18, 2018. It sounds like you possible satisfy two exceptions: (1) extraordinary circumstances, since you have been lawfully present in the US since your arrival until now, and (2) changed circumstances, since the situation in Ethiopia has changed making it dangerous for Tigrayan people to go there. You probably want to talk to a lawyer to decide how to approach the case, and you are safest to file the case before your J-1 status ends, so you can meet exception # 1, which is the stronger basis to overcome the one year bar. Take care, Jason
hi jason . i applied i485 on dec 2020 went to national benefit center. we cant see our processing times and nobody got approved. uscis stopped process asylum based green card. everybody is in same situation. did you hear about it before and how we gonna tell uscis why you are not processing us
thank you
I know that processing times are not listed for the NBC, and people here have noted that the cases are not moving there, but things are slow all around and I am not sure what is happening at the NBC. Your case is probably well within the processing time for an I-485, but we don’t know for sure, since there are no processing times posted. I guess you can try to call USCIS (800-375-5283) and if that fails (which is most likely will), you can open a case with the USCIS Ombudsman (a link is under Resources). They sometimes help with delayed cases, and maybe at least they would get back to you (eventually) with some info about what is going on at the NBC. Take care, Jason
Hi Jason
Thanks for everything you do for this blog, I have a question I received a mail from my bank with the form W-8 BEN, request me to feel the form, do I have to feel the form?
Thanks again for your response
Sorry, I have no idea what that is. I think you will have to talk to your bank to clarify what they need. Take care, Jason
Verify the form is from your bank, The Form W-8BEN is generally provided by foreign individuals to withholding agents or financial institutions, it is not a form that is filed with the IRS. In the past, fraudsters have targeted non-residents of the U.S. using the form as a lure to get personal details such as passport numbers and PIN codes.
The W-8BEN-E is an IRS mandated form to collect correct Nonresident Alien (NRA) taxpayer information for entities for reporting purposes and to document their status for tax reporting purpose.
Hi, Jason and everyone here,
I’m applying for my ead renewal c8, I’ve read a lot of different information online so I’m a little bit confused. I’m not member of any organization, so I’ll need to pay $495, can I send 1 G1450 form with $495 on it? I’m afraid my application will be rejected and I’ll have to wait for new ead and eventually loose my job. Can I also use my visa debit card, I don’t have enough funds on my credit card to pay.
Has anyone applied fot ead renewal recently?(this year), what are the waiting times? Any help and information is greatly appreciated.
Why don’t you just write them a check, or money order?
I wrote one check for the total amount, and on the memo column, I wrote “EAD & Biometrics fee”.
We also normally have clients pay by check. We also write the Alien number on the check. Take care, Jason
If you join ASAP or Casa de Maryland, you do not have to pay the biometric fee. Otherwise, you do have to pay that fee. I did a post with links to those organizations on September 23, 2020. Renewals are slow – maybe 5 to 7 months for most cases, but if you file before your current EAD expires, you get an automatic extension of 180 days. Take care, Jason
Hi Jason, how can I travel to the third country with advance parole while my passport is expired and I have a pending asylum case?
I know of no realistic way to do that. The only way to travel and return to the US while asylum is pending is to have Advance Parole (which I wrote about on September 11, 2017) and a valid passport. Take care, Jason
Hi Jason,
How do you see the outcome in filing mandamus to clarify the eligibility under Matter of L-K after I485 denial thru EB2 case??
I do not have an opinion about it, as I have not looked at that issue, sorry. But I am not sure a mandamus case is the best approach. Maybe you would first appeal and ask the BIA to re-visit the decision, especially if there is any favorable federal circuit case law. But for a case like this, you need to talk to a lawyer who could research the issue for you and decide how best to proceed. Take care, Jason
Thanks Jason for your prompt response. We already did appeal and it didn’t change the denial decision.
At this stage, our lawyer is recommending the mandamus for wrongfully deny I485 based on I140. Especially, since I applied for asylum while I still had valid B1/B2 and It has been 5 years since I applied and no interview yet.
He believes it is better not to include the delay in Asylum interview in mandamus lawsuit and just focus the I485 denial. He thinks if we include, they choose the give us an asylee interview as an easy solution.
Hi EB2/ASYLUM,
I’m currently in the process of concurrent application of i485 and i140 NIW. My lawyer says that adding a statement about matter of LK to the i485 form would suffice. Is that what you did too?
Yes, Apollo. But they denied the AOS. We filed an appeal, again denied. Now, we are filing mandamus.
That all makes sense. Hopefully, it will work, and hopefully result in a published decision, as that would provide guidance to other courts and the BIA, and could potentially help other people who are in a similar situation. Good luck, Jason
Does anyone know how long is waiting time for i 131 application for RTD ?
I applied in end of May this year still waiting , anyone else applied in that time and got approved please let me know.
PALAPTAIMA,
It took me seven months to get the RTD.
When did you applied for it ? Can you tell me what was service center ?
Thank you
I applied in August 2019 at TSC.
We were seeing waits of about 5 to 7 months last year or earlier this year, but I am thinking it is even slower these days. Take care, Jason
Jason,
How likely will the uscis be positively react (respond) for a case inquiry, which is beyond the processing time? And how soon the reply? FYI my i730 petition has been pending for approval since 28 months. A four times expedited requests had helps nothing.
Thanks,
Samuel
My sense is that they are not very responsive, but it may depend on the reason – if you are Afghan, at the moment, you may get a better response. Also if you have a compelling reason, and you somehow manage to reach a person at the USCIS phone number (800-898-7180), maybe they would take action. Also, if you have a Congress person who can personally intervene on your behalf, that might help too. The USCIS Ombudsman (a link is under Resources) might also help, and it is easy and free to try that process, so there is no reason to not try it. The last resort is a mandamus lawsuit – we wrote about that (in a different context) on October 2, 2018. Take care, Jason
Jason,
What compelling reason do I need other than being beyond the processing time period. I have tried four times an expedited request, but didn’t help. Is the number you shared me also belong to immigration court? I have that same number by the name of immigration court.
thanks,
Sambod
Sorry – I gave you the wrong number (senility is approaching). The USCIS number is 800-375-5283. I think you do need a reason beyond the fact that things are slow – you can tell them that you will lose your job and face severe financial hardship (loss of job can lead to homelessness, for example). Severe financial hardship can be a basis to expedite with USCIS and so should also be a basis to get help with a delayed case. Unfortunately, USCIS is not very responsive at all, but calling and being persistent is probably the best way to get some help. Take care, Jason
Dear Jason,
I need your help.
I have an ead that expires in 3 months, however, I have an asylum pending case; so, I want to apply for I-765 in the category of C08, should I apply as an initial application or as a renewal? I want to send the application this week I need your help.
Hi Terranova,
I am sure Jason will reply to you as well.
You can fill up the application online or print it and fill it out.
All the information is on uscis website.
There is a guide book which is about 27 pages print it and read through that if possible before you fill up the form. If you have an EAD and you filing for another one it is known as renewal.
I just did mine so I am helping you.
The cost for it $410+ $85.
Everytime you renew it seems you have to pay for biometrics as well.
Once you fill out the form and input all details dont forget to attach necessary documents.
Along with 2 passport size photos. ( needs to be in white background)
A money order for 410 +85 ( two seperate ones)
They will send you the biometrics appointment.
Your category is C08.
Wait times are longer. right now so apply as soon as possible.
Hope this helps
My actual ead is c03 I have another A number. Now I want to fill out ead c08 which I have a different A number. It’s my first time applying for ead as an asylum seeker (pending case). Am I going to apply as an initial application or renewal one? That’s what I want to know.
This would be an initial application, so if you are a member of ASAP or Casa, there should be no fee. Also, the fact that you have two A numbers worries me a bit. I guess you will use your asylum A number, but you might note somewhere in the application that you have the other A number and explain why, and also provide a copy of your old EAD, front and back. Take care, Jason
Thank you for your response. I had an A number when I applied for opt ead then when I applied for asylum, they gave me another A number. That’s the reason I have 2 A numbers, I assume the A number from OPT will expire when my opt expires.
Anyway, thank you for your response. It helps.
I think A number do not expire. You should make the asylum office and USCIS aware that you have two A numbers, as that may help avoid confusion. Take care, Jason
Which country are you from … may I ask ?
@Asylum Seeker, So-called:
You are neglected….
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
@asylum seeker
Mind your own business dumbass
I would just add two things: (1) If you are a member of ASAP or Casa de Maryland, you do not have to pay the biometrics (I provide links to those organizations in the September 23, 2020 post); and (2) due to the new rules related to c-8 EADs, additional documents may be required, depending on the facts of your case, particularly if you entered the US without a visa or you were ever arrested (but there are other circumstances as well – check the form and instructions). Take care, Jason
If your old EAD is based on the same category, it is a renewal. If it is based on a different category, it is an initial application. Also, the rules related to c-8 EAD applications changed last year, so look carefully at the instructions and the form. Also, I did a post about that on September 23, 2020. Take care, Jason
Dear Jason,
I have a question regarding naturalization application. on the application there’s a question: Have you EVER lied to any U.S. Government officials to gain entry or admission into the United States or to gain immigration benefits while in the United States?
When I was entering the USA first time, I was asked about the purpose of my visit, and my answer was tourism. Then I applied for asylum. Is a TSA agent considered a US government official?
I would look back to see what you said about this at the asylum interview and the I-485 case. If possible, try to be consistent with that. If you lied to TSA, that is a lie to get admission into the US, but I cannot tell from your question whether you lied or not – maybe you planned to come here to see what things were like and once you were in the US for a bit, decided to file for asylum? I would look back at your prior cases to see what you said there. This is one of those questions that can sometimes cause trouble for people, so be careful and talk to a lawyer about it before you file, if you are worried. Take care, Jason
Hello Jason,
Thank you for all you do, I have a question for anyone here who has done that before.
Please I will like to know if I can get a Canada visa my RTD without Green Card to travel to Canada?
Anyone please and if yes how do I go about it.
I do not specifically know, but I would imagine if you have an RTD, you should be able to get a visa on that for Canada, assuming you meet the requirements for a Canadian visa. Probably you can check with the Canadian embassy. Take care, Jason
I am travelling to canada next week on my GC Via Land, so i only have to show them my GC no COP or RTD required.
If you are flying, RTD will be accepted to get On arrival visa for Canada from the US.
Try this: https://www.cic.gc.ca/english/visit/visas.asp
Sorry, Correction:
You are eligible to apply for VISA with only RTD. No on arrival with RTD.
Must apply first, you can apply online.
Hi Jason,
I applied for work authorization renewal. My form came back from USCIS.
I attached a G-1450 credit card authorisation form for reference so they could charge our cards as when and needed.
They rejected it and sent it back.
Now they say go back and read the rules on the website, and this is what I understood I should be doing.
Secondly, My understanding from the letter they have sent to me saying I need to attach a money order address to USCIS for biometrics and Work authorisation which is D410 + $85, regardless if I have done my biometrics the first time I applied for work authorisation in 2017.
1. Is this a new rule where every time you apply for renewal you need to pay for biometrics now? unless you are a member of those groups.
2. They say If I am a member of Casa or ASAP. I do not need biometrics but if I am not then I need to send the fee for biometrics along with my application so that they could send me the appointment letter to complete biometrics?
Is that correct Jason?
Please clarify as I am going nuts over this clarification and just have over a month and half for my work authorisation to expire.
The notice USCIS attached to the front of the form says you may be exempted : read it on their website but the second page of the letter from USCIS clearly says if you are not a member of those groups then send the money order for biometrics too.
(any body on this group faced a similar situation can you share your experience) this is our 3rd renewal of work authorisation and everytime it is a different rule.
1 – Yes, unless you are a member of ASAP or Casa de Maryland, you have to pay for biometrics for a c-8 EAD. 2 – This is my understanding, yes. The rules for EADs changed in 2020 and I wrote about that on September 23, 2020 – maybe that would help. Take care, Jason
Thank you Jason appreciate your help very much in this matter.
https://www.nytimes.com/2021/10/29/us/politics/immigration-remain-mexico.html
I guess Biden still love asylum seekers after all 🙂 . Probably just some other factors dragging his feet.
Right ? …
fuck off nitwit
You are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
@asylum Seeker
Go see a psychiatrist you dumb psycho
Hi Jason, I’m a GC holder based on asylum. My question is related to the persecutor. My ex-spouse who is among the persecutors in my case is trying to get back into US. Does USCIS flag such people and perhaps stop them from entering the US? Thanks.
Following…I have similar concern
You are neglected..:
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
I mean…the fact that you entertained means I am… at least…not entirely neglected…right ?
You are neglected….
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Psycho
I am not sure whether they will know about that or not. You may want to reach out to the State Department or the embassy in your home country to alert them to this issue. If you Google the US Embassy web site for your country, it should have contact email for the consular section. Maybe that is the place to start. Take care, Jason
Hi Jason,
What percent of recent LIFO cases have received an interview date?
I do not know, and I have not seen any data about that, unfortunately. My sense from my own filings is that it varies. Sometimes, we file cases and most of them get LIFO interviews; other times, we go for months and no cases seem to get LIFO interviews. Most of my cases are in Virginia, and that is basically what I see in that office. Take care, Jason
Ascendancy and usurpations:
Do immigrants in general embrace Western democracy and other progressive values ? I am a little concerned that they are trying to take over the government and preach their inferior ideology that they inherited from their third world country of origin.
e.g.: Sharia law, caste system, communism…such…
Should I or should I not be worried ?
You are neglected:
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
I mean I am just curious…
🤣🤣🤣
Again No body really gives a crap about your dumb concerns, have some shame and vanish
I live in New York. I applied for political asylum in 2015,. My political asylum is pending. I want to apply for a green card through an employer. I got Perm. Next step is I -140 and I-485. In my case, I need to get an advance parole and go to an interview in another country. Can I will stay in New York for an interview and get a green card? My lawyer says I have a chance 50/50. Are any laws help in my case? Advise me how to do it right?
You are probably not eligible to have an interview and get a GC in the US, but it is not 50/50. The lawyer needs to look at the law and determine your eligibility. That is not something that is up to luck – understanding the law and facts of the case will determine your eligibility. It is difficult to coordinate AP with a visa interview overseas and maybe that is the “50/50” the lawyer is referring to. I wrote about these issues in a series of posts in August and September 2018 – maybe those will help give you an idea, but you should have the situation carefully analyzed before you try to go overseas (and before you spend a lot of money). Hopefully, you can get the lawyer to write down the plan, step by step, so you will have that and understand how the case will proceed. Take care, Jason
As a historian, I would worry more about Chinese, Russians, Germans, Japanese.. And people like you of course! Not about a caveman sharia law follower.
As a historian, I would worry more about Chinese, Russians, Germans, Japanese.. And people like you of course! Not about a caveman sharia law follower.
I don’t like Chinese as well. But I am much more receptive to Russian, Germans and Japanese. Germans and Japanese for their alliances and Russians have the potential to be naturalized completely. The countries I don’t like mainly reside in Asia and Africa. I still feel that our country’s anglo-saxon foundation needs to be preserved…instead of being … tainted…
@Asylum Seeker, don’t you have anything better to do on a Saturday night than come here and rant about people you don’t like? Are you tired of seeing people come here and outshine you in every possible way? Work on yourself, buddy.
You are no longer pretending to be an asylum seeker
Now that you are no longer pretending, I will be happy to point you in the right direction on how you can be gainfully employed with your GED.
You are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
@Asylum Seeker,
Can you list the Asian and African countries you do not like?
I mean I am just curious…
And nobody really gave a rat’s ass about your dumb preferences, Don’t worry in next 50 years Asian and African will gain majority in usa anyways, nothing you can do about it but cry like a little dumb bitch that you are
The last message was for asylum seeker
@TINA
Sure,
Here is the run down, from east to west: North Korea, China, Vietnam, Cambodia, Singapore, Malaysia, Indonesia, Laos, Myanmar, Bangladesh, Bhutan, Nepal, India, Pakistan, Afghanistan (Taliban controlled one), Iran, UAE, Saudi Arabia, Yemen, Oman, Jordan, Syria, Egypt, Libya, Sudan, Zimbabwe, Uganda, Botswana, Somalia… It’s a pretty inclusive list that is subject to further modification
I think all of these countries have blood in their hands regarding human rights abuses. And I am justified in not liking them…And frankly asylum seekers from these countries…I feel that if they are seeking asylum…they … probably don’t like the country they are running away from…right ? … I mean I am assuming ? …
Thanks for coming out of character on the asylum seeker role play.
Do you like your country?
“I mean I am just curious…..”
The country I am running away from ? Probably…not… ?
@”Asylum Seeker”, stop freaking using terms like “human rights” or “blood on their hands” to justify your racism. Funnily, you don’t have any problem with Russians- a country with some of the most egregious human rights violations- migrating to the U.S. but you don’t want people from mostly African countries- countries with very good human rights track record vis-à-vis Russia- coming to the U.S.
FYI, Russia is virulently anti-LGBTQI+ (a social group you claim to be a part of). In addition, the Russian “government” is averse to a functioning democracy. If the current current authoritarianism or autocracy (aka sham government) feels threatened, it retaliates by poisoning and killing the “threat”.
@”Asylum Seeker”, you also showed your true self when you said “I still feel that our country’s anglo-saxon foundation needs to be preserved”.
What country are you talking abut when you said “our country’s…”? Are you referring to the United States or your COP? I don’t know what country you are referring to, but if you are referring to the U.S. then please substantiate your claim that the U.S. has an Anglo-Saxon “foundation”. For, the last time I checked, the U.S. is a melting pot- though rooted in slavery, pillaging, indentured servitude, historically racist immigration laws, etc. Still, the U.S., though not perfect, has a lot- including its diversity, which makes it a powerful country, its willingness to give refuge to those truly in need, the ability to be anything you want to be, constitutionally protected rights, a fair democracy (emphasis on “fair” since the country’s democracy is currently bein tested), etc.- to celebrate and be proud of.
You, and people like you, on the other hand, are people the U.S. can do without.
It’s strange…if a person is seeking asylum from one of these countries…why … defending them ? Aren’t these countries…bad…countries ?
Go see a psychiatrist dumb Psycho
You are a psycho
for calling me psycho…
@asulum seeker, what’s wrong with you?! I mean.. im just curious.
“Also, my sense is that the Biden Administration has no great love for asylum seekers.” This is absolutely true and the sooner we believe it fully the better. We have said hopefully this admin will revisit this policy and that policy so many times and the fact that not much from the terrible Trump-era policies, including this witch hunt, has changed, should leave no doubt this administration does not care for us a lot more than the previous. One thing that is even worse during this admin based on my experience is employment authorization. Getting multiple employment extensions during the Trump era was less difficult for me than now. I am paying more [increased a month or so before this admin took over, but it is still in place], I am experiencing a longer delay and absolutely abysmal help from the contact center. Spent hours the other day without being able to speak to an actual person. I knew all this terribleness was by no means no accident when even the AI answering service said “if you keep asking to speak with an agent I will hang up.” It kept saying it could send me a completely irrelevant application and did I want it by email or message, but could not understand “wrong application form.” I also got disconnected from the USCIS website chat box dozens of times and every time I would have to get back in 30 minute queue and then the agent would ask me to confirm so many unnecessary details (phone number, address, email, A-number, case number…) and only to get disconnected when they’d ask so how can I help you? The more I think about it, the more I feel it is discouragement policy than incompetence.
It feels like immigration is in a lot of ways just an issue to get the votes of who care about it, and they might only be forced to actually work for it if these votes are at jeopardy. So let’s recognize this administration for what it is and not what we want it to be, and it might start working to do what it promised to do. With everyone sounding alarm with the Youngkin win, it might help if immigration is brought to the front as part of Biden agenda he’s failed to implement.
I can’t disagree with anything here, but I would note that aside from poorly executed policy changes and Attorney General, the Trump Administration did not really mess with the USCIS practices until well into the Administration. My sense is that these things take time, and I still believe we will see some relief. But it certainly is not coming as quickly as we had hoped. Take care, Jason
Hi Jason,
Isn’t it a deadline for USCIS to reply the Congressmen regarding asylum backlog problems? No updates yet.
I am not sure how rigid these deadlines are, or what the consequences are for not replying, but supposedly, we were suppose to receive a response to the letter written by the 40 Congress people (the letter we lobbied for) and we have not yet received it. Once we have some info, I will try to write about it here. Take care, Jason
Hi Jason
I have had very bad news today. I friend of mine got a letter from USCIS revoking his grant of asylum due to “fundamental changes in country conditions” ( a coup happened 4 months ago that changed all the government). Should I be worried? will they do that to all asylees from the same country or case by case? thank you
Thats sad!
For people who sought asylum, and once GC is granted, COP visit follows, take note.
That seems suspicious. Did he have a revocation interview? I do not see how USCIS can simply revoke asylum without some sort of review process. The only coup I can think of in that time frame is Myanmar, and I do not see why that event made anything better. I would be certain that this really came from USCIS. Maybe email the local asylum office to ask – you can find their contact info if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Huh…interesting…
In this regard, my country of origin is (in)famous for its…stability … or stably worsening situation…
Is your friend from Myanmar ?
@Asylum seeker, so-called: You are neglected.
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
I mean I am just curious…
You are joke bro🤣🤣🤣
🤩
You are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Was he able to change asylee status to GC yet?
If he has successfully changed his status from Asylee to GC. USCIS cannot revoke his grant of asylum due to any fundamental changes in his/her country.
The matter of Asylee laws for removal doesn’t apply if his/her status is changed to Lawful PR.
Also if Court grants asylum, USCIS can only sent the order to immigration court for removal and you can fight in the court; But if Asylum is granted by USCIS, USCIS has capacity to put someone in removal proceedings.
I Please encourage everyone to adjust the status as soon as possible.
Hi Jason, I am Asylee living in Texas. applied for Green Card 2 years ago but no update. I did not renew my EAD. But when it expired in September 2021, i Applied in October 2021 for Catagory A5 along with $495 fees. Today i received 2 different Form i797C .First Form i797C from USCIS Dallas along with $495 Money order back, Showing that Notice Type: Rejection Notice that: Recently you submitted an application for immigration benefits. That form eas submitted with an extra remittance that is not required to process uour application. Your payment is being returned to you with this notice. No additional action by you is required at this time. ( This is for your kind information that i applied RTD last month on basis of pending Asylum with out fees and i received receipt too). 2nd i797C i received by Nebrasca office. I was Receipt for i765. I am confused that in situation i am and what about my i765 Application?
I am not fully sure I understand the question, but the first GC based on a-5 is free, so maybe they are returning your fee because it was not needed. If you have a receipt, you can check your case status at http://www.uscis.gov to see whether the case is in process. Take care, Jason
Hello Jason . Does a main Asylee and derivative Asylee need to live in the same address when submitting their adjustments of status ? Or can they be in separate states. I am wondering if being in complete different states would cause conflicts in their applications ? Or this does not apply. Thanks
That should be no problem. The only issue I can think of is if this causes USCIS to think a derivative based on marriage is not really married to the principal. But in general, it does not matter if they live together or file at the same time (as long as the principal does not become a US citizen before the derivative gets the GC). Take care, Jason
Hello Jason,
I applied EAD renewal and my documents are returned mentioning that I didn’t pay biometric fee. I have a question here.
Does the biometric fee need to be a separate check than the 410 application fee? Or shall I write 495 usd instead? I am scared that they might return it once again. Note that I am not a member of those NGOs and I live in Virginia.
In addition, is thr I 765 different from the one 2 years ago? I basically used the same as the one used 2 years ago.
I appreciate your help
There is a new I-765 and some new requirements for category c-8 (asylum pending), if that is you. You must use the most up-to-date form, available at http://www.uscis.gov. If you join ASAP, which is free, you can avoid the $85, but if you are not a member, you have to pay. I think you can send one check or two – we send one check for the total amount. Take care, Jason
Hi Jason.
I have a friend who have pending asylum since 2016, she added her case in short-list ( in San Fransico office) since 2019, and she asked them if there is spot ( that before covid), they told here they can not put her on short-list because, “It is not ready”. She asked them why it not ready, but couldn’t give her answer. Does that happen you you? what does it mean by “It is not ready”? what could be reasons for that? And how do you force USCIS to give you explanation?
I have not heard that before – she should be able to determine whether or not her case is ready. For people on the short list, all evidence should be submitted, and so if she told the asylum office that she wants to submit more evidence, then she is “not ready” I guess. But that is her determination. If all documents are submitted, maybe she should reach out again to them, state that the case is complete and filed, and request to be put on the short list again. Also, some offices require a reason to be on the short list, similar to a reason to expedite – I wrote about expediting (and short lists) in a post on March 30, 2017 – maybe that would be helpful. Take care, Jason
Hello Mr Jason
I filed I730 application for my wife and two kids on Sep 22/21 , I got the receipt on Oct 20/21 so last weak I called uscis the lady she told me the good news is your case is with officer now for review , do you think it is a good move ? So now I want to send extra spurting documents would you please let me know where I should send it and how? Should I send it through email or mail ?
Thanks
The processing time for I-730 cases is about 1 or 2 years, but maybe something has changed (you can check processing times at http://www.uscis.gov) or maybe they are expediting your case (if you are Afghan, that may be the situation, but I do not know about other countries). In terms of sending more documents, you normally only do that if requested by USCIS, but I guess you can mail documents to whichever office last sent you correspondence, which in this case seems to be the receipt. Take care, Jason
Thanks for response Jason, she told me one time when she pressed them what does it mean “not ready”, officer there told here that, it could be in background check. Do they do background check before asylum interview? I thought they do background check after interview.
I used to think the background check was before the interview, but now I do not know, as most post-interview delays seem to be caused by the background check. Maybe they need to gather some info at the interview first before they can complete the background check, but I do not know – in Immigration Court, they almost always complete the background check before the final hearing and there is almost never a delay due to the background check. Why it is so different in court than at the asylum office, I do not know, but it certainly makes no sense. Take care, Jason
Hi Jason
I have a extremely urgent question.
I was interviewed in 2014 in Los Angeles and after I moved to San Francisco, my Case was transferred to SF office in 2018. I was interviewed again in SF in 2019 and the officer was rude and was arrogant and hyper during interview from the beginning. He even slammed my file in the table and with loud voice, accused me of things which I didn’t say or was part of declaration. Later I received NOID and with it I also filed a complaint requesting another officer for interview describing his behavior. I was then referred to EOIR in 2019 by same officer. So my IH is next month and today I received a copy of FOIA.
To my shock, I saw LA office had in my case status, current status as Asylum Granted and in final decision, it circled Granted in 2013. So, it was just sitting there until it was transferred to SF and in SF, that officer changed case status to Ineligible and listed lot of inconsistencies in his NOID notes.
So, any idea how or why that happens? Can it be used in individual hearing? Will this hold any weight infront of the judge?
Hey Asylee100,
I think you can use your granted case issue with judge and I also think it will be helpful.
But I also think that you vs your judge agreed on a asylum case so judge may focus on asylum case rather than bringing up the complaint about officer’s behavior etc. in the court.
The original case in LA which was approved by USCIS then later in SF was denied can be helpful if you can overcome SF officer’s inconsistencies with the judge.
The DHS attorney should have a copy of that document, and so maybe your lawyer could try to reach out to DHS to discuss. To my mind, an initial approval may not be all that meaningful if they revisited the case and found that that decision was wrong. Of course, it would depend on the reasoning. Anyway, it seems me that it is worth exploring a bit, and if you think it will help you, you can submit those documents to the judge. Take care, Jason
Hi Jason
Thank you for your response. I found out from my lawyer that the rude USCIS officer in San Fran had accused and charged me for being engaged in terrorist activity without any evidence, thus my I-589 was denied at USCIS. What happened was when I was 14 in 2003, I took some pamphlets from some stranger without knowing/understanding what was in them. So, the AO declared that group as tier III and accused I provided material support. The NTA only listed that I was not a citizen of the USA and I was engaged in terrorist activity for the ground of removal. So, in the latest updates submitted to court and ICE, I included more evidence countering USCIS’s claims. Today, the government attorney notified my lawyer that all the charges related to terrorist activity have been dropped and the DHS is no longer accusing me of supporting one. Does that mean, the chances are higher to get approval in court? Can I bring up the topic of asylum-approved claims from 2013? Can I also bring up backdating approval, if approved? It seems, the AO in San Francisco deliberately accused me and set me up so I have no recourse at anything.
This is good news, but I do not think you can revive a case from 2013. You can try – you can ask the asylum office to reconsider, but such reconsiderations are rare, even for newer cases. Probably the most realistic option is to do your best in court. I would submit the evidence you have about the original decision to grant the case, but you would need to coordinate with your lawyer about that, as the lawyer knows much more about the case and whether this is a good idea. Take care, Jason
Wow! I am so sorry about this@Asylee100
Look how one officer on a fishing expedition had so much power.
Why is USCIS not fishing for sham marriages?
Most of them secure citizenship in 3 to 5 years. USCIS’ focus seem to be on the vulnerable who are seeking refuge.
It is quite disheartening.
In fairness, they do make a lot of effort to discover fake marriage cases, but it is not always easy to detect. Take care, Jason
The empire starts to strike back again…
https://www.buzzfeednews.com/article/lissandravilla/glenn-youngkin-wins-virginia-election-governor-race
Should I read it as a warning sign of 2022 red wave with the culmination of Trump’s 2024 re-election ?
We are watching you too.
What would another trump presidency mean to asylum seekers ?
Muslim ban ? Remain in Mexico ? Cancel EAD ?
or…total abolition of …asylum program ?
You are neglected:
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
ASYLUM SEEKER,
You probably have nothing better or useful to do in your life then to do peddle conspiracy theories and irritate Asylum seekers with unnecessary worries/fake concerns and unnecessary anxiety.
Your behavior is both shameful and despicable but since you don’t have an ounce of shame in you so that’s probably O.K and I believe you suffer from some sort of mental retardation as well.
ASYLUM SEEKER,
It’s very sad really, You come off as very pathetic, somebody who does not have any meaning in his life through personal connections like family/friends/relationships/significant other or a meaningful professional career so that’s why here you are on this forum trying to satisfy your dumb and despicable cravings and curiosities.
It’s really sad people like you have failed so much in life that they can’t find anything else meaningful in their lives so they just go after other people. One word for people like you is looser.
Whatwould i do, if i was jason ?
Trace your identity?
Block you from this block?
or..total abolition of .. you?
I mean I am just very curious…
I mean I am just very curious…
If you people have been reading “Asylum Seeker’s” posts lately, he seems to be a little more open- no longer pretending to be an asylum seeker.
I just really don’t know how he is still very active on this blog, because really, the fact that he has no power to influence how asylum is adjudicated, or who is granted asylum should have irritated him enough to GET OFF this blog.
As far as I am concerned, and going forward, this person should be identified as a man, period!
Since I have determined that he is not a real asylum seeker, his claim of belonging to the lgbtq community is also FAKE, so henceforth, he is Mr “Asylum Seeker”.
People have genuine concerns here, and you keep posting all these nonsense, intended to ridicule or breed fear; an indirect expression of xenophobia.
Hey, whatever happened to your case with that employer?
Jason may delete this post if he deems it a distraction, but I am sure you would have seen it, because you have your computer open to this blog 24/7. Hopefully, you get my point.
I have my own agenda here…but at the same time it’s interesting to learn from different perspectives.
@Tina: This looser is often out of pills. I think I am the only one who mostly responds to his/her lablablabla s, other than that he/she is totally neglected. Poor looser, always dreaming at Trump being elected.
Have you watched George, The Curious?
No, I have not😊
Your curiously makes me laugh bro keep going then🤣
It’s a warning sign alright…
Jason, I have a different opinion. I think people, especially the media, are reading too much into these results (which we always do). Let me preface: the second paragraph below can be accused of doing exactly what I am accusing people of. The results of last night’s elections in Virginia are in agreement with history and consistency in terms of that state’s political leanings. In fact, the incumbent governor did well, if we were to look more closely at previous gubernatorial races in Virginia- especially when we are talking about a new political party taking power. It’s literally the ebb and flow of Virginia’s democratic process. I am not really convinced (yet) that Younkin’s win, especially in a state that is traditionally “red”, or “purple” as of lately, is a corollary to the Biden administration and its policies or the administration being (un)desirable.
If anything, the results, when compared to Donald Trump’s performance in this state, kind of show a disdain for Trump and his rhetoric (to some extent). For, the places that Trump was roundly defeated by Biden, Younkin managed to gain support in these areas. To me- and this is something that Joy Reid, host of The ReidOut, was alluding to during the coverage of the election- Virginians fell hook, line and sinker for the racist dog whistles (“education” or “critical race theory” (CRT), for example) and fearmongering that Younkin sold to them. In their defense, though, they could claim ignorance of what actually is “CRT” and that they were simply bamboozled by Younkin. But, there is evidence to support the understanding that some “white” Americans, irrespective of what side of the political aisle they find themselves, do not want to confront their dark past, as it ostensibly makes them uncomfortable, is nothing new. As well, politicians using this sad reality to their advantage, like they did with the “defund the police” slogan, is nothing new. Trump’s polices and rhetoric were too in-your-face, blatant, un-coded, explicit, crass, and overt for Virginians. They wanted it to be toned down a little bit. Had Trump been more tactful in his racism, xenophobia, and general bigotry, then maybe he would have handily won the state in 2020.
There are a lot of positions Youngkin takes that are deeply troubling… in fact, I feel the republican party…is…unhealthy at the moment…it really does seem their target now is people like me…because it works so well.
Which makes me wonder…who is my real opposition…the republicans ? or … their supporters ? Like who is the driving ?. Are the supporters purposefully elevating people to power to work against me ? or are politicians purposefully instill ideology and turn people against me ?
You are neglected:
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Reading too much into the results is not helpful, I agree with that. However, I do think it is warning sign. I think the Right is very good at twisting the Left’s policy proposals around and inflaming people (Socialism! Open Borders!). It is the opposite of reasoned debate, but it is effective. Essentially, the Democrats need some wins to energize voters and Republicans need to define the debate in their terms – this is easier and probably more effective than the Democratic strategy. Anyway, the landscape will be different in a year, but I do think this election was a big red flag and the Democrats need to think how to bring out the vote and convince centrists to vote for them. Take care, Jason
Hi Jason
Do you know if there are any updates about asylum-based I-485 in Texas Service Center? We have been waiting since Christmas 2019.
Thanks…
Not that I know of – you can check the processing time at http://www.uscis.gov, but it is very long. I wrote about expediting with USCIS in January 2020 – maybe that would help. Also, some commentors on this blog have posted about an effort to push for improvements with USCIS and specifically the TSC. Maybe you want to get involved in that effort too. Take care, Jason
Hi Jason
Quick question if i requested an expedite for my AOS application and got an infopass appointment at my local field office are they going to do the GC interview on that date or i will explain to them the reason for my expedite then they will schedule my interview for another day? Im just trying to see if i should go there prepared for a GC interview because my case status online did not update to say scheduled for an interview. Thank you.
Oh honey I would not hold my breath . Everybody knows that the Delinquents who operate USCIS are holding hostage asylum based green card applications at the National Benefits Center and Texas Service Center. If not , you will see many on here and many other blogs exposing the corruption. Nobody knows how many more years these degenerates intend to hold these. So your best aids are writing to the president like someone here suggested or talk to the DHS ombudsman or your own senator. Good luck , because you will need it.
I have never heard of a person getting an Info Pass appointment in order to expedite an AOS, so I do not know the purpose of that appointment. Normally, the GC interview is its own event, so I doubt that is the purpose of the Info Pass, but I really do not know. In any event, there is not much to prepare for an AOS interview – just review the form and your old asylum case. The only issue is whether you need a medical exam if you have not already done that, and on that I cannot advise you, as I do not know whether the appointment is for an interview. Take care, Jason
Hi, Jason,
Thank you for sharing this with us, is it a thing that started happening lately? My friend had her interview 1.5 ago, and she wasn’t asked these questions( about attorney or her visa application). And how USCIS expects us to remember everything on our visa application, some of us are waiting for the intervuew for more than 5 years. Is it possible to get your own visa applocation? Just to refresh memory, maybe I forgot what phone number/address I had at the time of filling visa application, or how much money was at my bank account at the time.
It is relatively new, but I’ve been seeing it for at least a year or two. I have not had a case in a while where these questions were not asked. I do not know if you can get a copy of your visa application through a FOIA request with the State Department, but maybe you can. The main issue is whether you lied on the visa application(s). If you cannot remember the details of the application, that should not be a problem; just tell them that you do not remember (i.e., don’t guess). Take care, Jason
You are neglected:
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Hi Jason!
For the fourth time, my master hearing is cancelled but not rescheduled yet. According to my lawyer , they have been canceling master hearings sending a request for written pleadings then rescheduling final hearings to reduce number of master hearings also number of people in the court every day. Is this common now? Because these changes the key called EXPEDITE is totally not working and i feel like waiting for another year. Huh!
It is common, and EOIR is also a mess. For one thing, it seems like every judge does whatever they want at the MCH, and there is no easy way to know what different judges are doing. In theory, you can do the MCH in writing and request a final court date. We made the mistake of trying that, and they scheduled the Individual Hearing with less than 40 days notice, so now we have to prepare the whole case and file everything in a week (to meet the 30-day filing deadline for evidence). Anyway, you can try that too. Whether it works will depend on the judge, but maybe make sure the case is all ready, in case you get a quick hearing date. Take care, Jason
Hi Jason and other valuable members,
I have a GC and Unexpired Passport from COP and also RTD.
can i travel to Canada and come back to US with my COP and GC? I am driving
* not a lawyer but a fellow asylee *
you only need your green card and refugee travel document to visit Canada without a visa and return to the US . do not use your COP passport .
note: you need to get Electronic travel authorization before traveling to Canada you need to also check for Corvid travel restrictions
Hi Khaled, Thanks for your response,
I am planning to use COP and GC to enter Canada.
I am driving, while returning US i only need to show GC at land border crossings.
Do you think this will be a problem?
Did you fly or drive?
to enter Canada without visa you either need RTD or passport +Green card , and that’s true fi you driving back to the US you only need your Green Card to return .
but here is the issue you might face . an asylee shouldn’t use/renew a passport from country of prosecution specially if the government was the aggressor . because this is considered as availing yourself to the protection of that country . if you decided to flay back from Canada you would need a passport or a travel document , note that for flights from the Canada , the US custom and immigration clearance is done in the Canadian airport by US CBP officers .
even if you decided to return by land you might be asked how you traveled to Canada , so if you have a RTD i don’t know why you risk using COP passport . you would need to consulate with a lawyer about using COP passport .
Thank you Khaled, as always your information is very valuable for me and those who are ready.
– Based on Canada Immigration Website:
If crossing the border by LAND, we only need to show our Green Card; No passport or travel documents required.
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=593&top=16
– Based on US travel.gov
No passport or entry permit required while crossing the Land Border if you have US Green Card.
did you fly or drive?
i wish if someone with driving experience to and from Canada could chime in.
I wont risk it, i have RTD as well. I will take it with me;
Still trying to understand how things would go while in the border.
I would try to use the RTD and not the passport, but if got some reason they want to see the passport, you should bring that too. I do not think using it would cause a problem, but that may depend on the facts of your asylum case, and so if you have the RTD, why not just use that? Take care, Jason
I guess the current administration is not graded so well huh :/
Not yet. I am expecting that there will be some major rules changes coming up. I have not heard anything, but that is how rule-making seems to work. It took the Trump Administration a couple years to really start regulating asylum, and so I am not surprised that the Biden Administration needs time to get its act together on this. Also, there is a lot that needs un-doing and changing, so they have a big job. That said, I would like to have seen faster progress on a number of fronts that seemed like easy fixes (c-8 EADs for example) and also more respect for due process of law at the asylum office and in court (on this score, I rate the Biden Administration very poorly). Hopefully, we will see some big positive changes soon. I think we will, but it is difficult to remain patient. Take care, Jason
Thanks Jason for weighing in 🙂
I like the PD part :p and more progressive judicial appointments. The BIA and EOIR is not…very good yet..
I am just very worried that…even this, we mayyy not be able to hang on for a very long time…let’s hope I guess.
Thank you so much Jason for this article. I think the main frustration for asylees in addition to waiting time is an accusation of fraud. Even when our cases are legitimate, strong, accurate, and honest, the fear of being accused of fraud exists due to trauma past.
My question here: How often do asylum officers re-open asylum cases in Adjustment of Status? Do they ask about your asylum case if you will have an interview? I heard that a Trump-era law was passed to increase the number of interviews but Biden did not reverse it.
Thank you.
The Trump era rule was supposed to cause all I-485 cases to be interviewed, but as far as I can tell, that never happened and is still not happening, but also, as far as I can know, that rule was not yet reversed (and it should be, as it is idiotic given the previous vetting and wastes tons of time). I think I have never seen an I-485 case sent back to the asylum office. I know it happens now and again, but I think it is pretty rare. Nevertheless, if they discover some fraud, they certainly can reopen the case. Take care, Jason