On September 24, 2021, Attorney General Merrick Garland announced that David Neal would take over as Director of the Executive Office for Immigration Review (“EOIR”), the organization that oversees our nation’s Immigration Courts and the Board of Immigration Appeals (“BIA”).
Director Neal was Chairman of the BIA, from 2009 to 2019, when he was apparently forced out by the Trump Administration. Mr. Neal also served as Vice Chairman of the BIA, Chief Immigration Judge, Assistant Chief Immigration Judge, Immigration Judge (“IJ”), and Assistant to the Director. Indeed, he comes to the Directorship with probably more and diverse EOIR experience than any prior director. To top it off, he has a Master of Divinity from Harvard University (and of course a JD, but those are a dime a dozen).
The new Director will certainly need to draw on his past experience–and possibly seek divine intervention–as the agency he is now helming is a real mess. Currently, there are more than 1.4 million cases in the Immigration Court backlog. I have not found recent data on the BIA backlog, but in April 2020, it stood at 70,183 cases. To address the court backlog, EOIR is staffing up–from 535 judges to a projected 734 by the end of the current fiscal year (September 30, 2022). We are also seeing an increase in online and training resources for respondents (noncitizens in immigration proceedings) and practitioners.
Even during his short tenure, Director Neal has begun to take some positive steps. Aside from the new resources, EOIR has ended case completion quotas for Immigration Judge and also signaled a willingness to work with the National Association of Immigration Judges (the judges’ union), which the prior Administration had tried to de-certify.
These are encouraging signs, and hopefully we will also start to see improvements related more directly to respondents’ cases in Immigration Court and the BIA. Luckily for David Neal, I am here to offer my own suggestions (and who doesn’t love unsolicited advice?). These are my ten great ideas for EOIR–
Stop Advancing Court Cases Without Proper Notice: In the last six months or so, courts have been randomly plucking cases from the backlog and scheduling them for Individual Hearings on very short notice. Sometimes, we learn about a hearing date only after the 30-day deadline for submitting evidence has passed. This is obviously incompatible with due process of law for the selected case, but it also makes it much more difficult for attorneys with busy schedules (i.e., all attorneys) to manage their case loads. Cases should simply not be scheduled in this manner. Can you imagine a criminal court calling a defense attorney, “Surprise! Your case is in four weeks. And, by the way, your evidence was due two days ago.” Please stop this. And if a court case needs to be rescheduled, have the clerk call us to make sure we can accommodate the new date.
Last Minute Cancelations: The opposite problem to #1 is the issue of cases being cancelled days before the Individual Hearing. This means that the respondent is getting ready for trial, and that we lawyers have already prepared and submitted evidence and started prepping the respondent and her witnesses. Suddenly, the case is postponed, often with no new date in sight. This can be extremely traumatic for respondents, who have often been anticipating the date for months or years. It is also significantly extra work for lawyers, as long delays cause evidence to become stale, and we have to re-prep witnesses. Some of these cancellations are related to Covid, but at this point, we have been living with the pandemic for a year and half. It’s time courts got their act together on scheduling.
Court Filing Deadline: The deadline to file evidence in court was 10 days before trial, then it changed to 15, and fairly recently, to 30. Given that IJs and DHS attorneys rarely look at the evidence until days (or seconds) before the Individual Hearing, and given how often court cases get delayed at the last minute, this deadline should be re-visited. Ten or 15 days was plenty of time for judges and DHS to do whatever they needed to do, and a return to that deadline would be more appropriate, at least until there is more certainty that court cases will go forward.
BIA Briefing Schedule: Speaking of deadlines, the BIA deadline for briefs is ridiculous. We file the appeal, wait for months and months, and then: Bam! The transcript arrives and the brief is due in 21 days (we can request an additional 21 days, which is usually–but not always–approved). Then we wait again for months and months for a decision. Considering how long this process takes and that almost all the delay is related to the Board itself, why is there such a rush to get the brief done? Why not change the deadline to 60 days, so lawyers have time to prepare a decent brief?
The Asylum Clock: Ugh. What can be said about the Clock that has not already been said, including by me. The system is arbitrary and the rules are applied inconsistently. It is also very difficult and slow to get an improperly-stopped Clock re-started. When respondents do not get their work permits, it makes their lives very difficult. The system should be fixed and the presumption should be that the Clock runs unless there is some truly egregious delay. Also, while we’re on this topic, why can’t the Clock status be added to the various online portals, so respondents can see whether and when they will be eligible to file for a work permit.
Consistency and Transparency: Some IJs hold online Master Calendar Hearings; others, in person. Still others require written motions. Which IJ requires which approach? I have no idea, and the only way to know is to talk to other lawyers to see what a particular IJ prefers. This makes it very difficult to know how to approach MCHs, and wastes time. Why not either standardize the process for MCH (preferably allowing represented noncitizens to do everything in writing or via Webex) or at least publicize each IJ’s preference, so we know how to proceed.
Timely Rulings on Motions: It is common to submit motions to the Court and then wait for months, or forever, for a ruling. Calls to the court often go unanswered, or at least do not result in any action. This is problematic, since (1) motions often directly affect the lives of respondents; and (2) motions usually determine how a case will be litigated, and without a ruling, we do not know how to proceed. To be fair, some IJs are good about ruling on motions, but many are not, and this needs to be corrected.
Online Portal: It would be fair to say that the online system is still a work in progress. Some cases allow for online filings–or require it; others do not. The system needs to be extended to cover all cases. Also–dare to dream–can EOIR coordinate with DHS so that when a document is filed with the Court, it is automatically served on opposing counsel?
Widely Varying Asylum Approval Rates: For many years, critics of EOIR have pointed to the wide range of grant rates among IJs. Recent data shows that denial rates for asylum range from 3.3% to 100%, depending on the judge. Some of these discrepancies can be explained by the different populations of noncitizens that appear before each judge (different home countries, detained vs. non-detained), but even accounting for these differences, there is a random element to asylum decisions that seems unfair and arbitrary. Various solutions have been proposed–more training, more guidance from the BIA, Article I Courts–and all these ideas have merit. EOIR certainly should examine this issue and try to reduce the random elements that determine whether a case is approved.
Answer the Phones and Return Calls: You can’t have due process if you can’t communicate with Court staff, and so it would be nice if reaching a clerk was a bit less impossible.
So these are my ten great ideas for Director Neal. You’re welcome!
Hi EveryBody,
ASAP (ASYLUM SEEKER ADVOCACY PROJECT) is doing a great job in helping ASYLUM SEEKERS. They are filing lawsuits against USCIS for work permit renewal delays and also doing a lot of other great work for ASYLEES/ASYLUM SEEKERS.
I recently donated to them. I would suggest that people who can afford it should support them by donating to them. No body else in USA speaks for us or fights on our behalf so we might as well support an organization which is fighting for us.
They are a great organization – I did a blog post about them on April 13, 2017 with links to make a donation and information about their services. Take care, Jason
Jason,
I am also going to take a break from this forum for a few days since I am wasting my time here.
To all the new and prospective ASYLUM SEEKERS, Please do not believe everything you read on the comments section here on this forum, Most of the comments here are unreliable and false unless they are are from JASON himself.
Good Luck to you all.
Hi Jason,
I filed Form I-130 for my parents and it was on active review since February 15 2020. Now the case status has changed to on November 10, 2021 Case is being actively reviewed by USCIS and our records show nothing is outstanding at this time”
Just wondering if you can estimate of how much longer i will be waiting for a decision?
Thank you for your time and help!
Unfortunately, I do not know, as these types of petitions are not very predictable, but this seems slow to me. If you are more than 90 days outside the posted processing time (at http://www.uscis.gov), you can call USCIS to inquire at 800-375-5283. If that does not help (and it probably won’t), you can make an inquiry with the USCIS Ombudsman office – a link is under Resources and they sometimes help with delayed cases. Take care, Jason
Hi Jason,
And thank you for all you do.i have a question,how long does it take the immigration court to send the decision on mail after the IJ grants relief based on asylum case.
Thank you.
Usually not long at all – a few days. If you do not receive it in a week or so, maybe call the court. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason!
My asylum been granted a year ago now. I sent Uscis my application for green card, but I have not got yet the receipt notice. My question is:
I applied for travel document since one week after I got my asylum documents and they sent me the travel document 2 months. Now can I travel with that now, or I have to apply for another one as I filed for GC?
Thanks!
Hi,
Do you mind sharing the month you filled the RTD? I’ve been waiting since May and no response. Thanks in Advance
Assuming you have a Refugee Travel Document and it is still valid, you can travel. However, it is possible that USCIS will schedule you for a biometrics appointment, and – if that happens – you would have to be in the US to attend that. Otherwise, if you have a valid RTD, you should be fine. Take care, Jason
Hello Jason,
I have recently received the receipt for my I-485 application as an asylee with the following online notice. Does that mean they have just have received it and not approved it yet? How long the waiting time is estimated in average?
“On / /2021, we accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number XXXXX. Our National Benefits Center location is working on your case. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.”
Also, my wife and I also applied for RTD along with this application. They have sent my wife the receipt for her I-131 application but they have not sent me any receipt for this application. Do you think I need to send them a letter asking for the receipt or should I just wait?
This means the case was received. It sounds like the I-485 is based on your asylee status, in which case, things have been moving very slowly – you can check processing times at http://www.uscis.gov (though the NBC is not listed there). We are seeing such cases take 1.5 to 2 years or more. In terms of the RTD, it is very common for cases that are filed together to receive receipts on different days, so I would give them a couple weeks and if nothing happens, then you would want to take action. Take care, Jason
Thanks Jason. Will that waiting time be for the case approval or for issuing the physical green card? I am not sure if this waiting time will be counted for citizenship?
I was referring the wait time to get a GC. This time is not credited towards the time you need to become a citizen. However, if you get a GC based on asylum, USCIS should back date the GC by one year, so for example, if you get the GC today, it would be dated November 17, 2020. Take care, Jason
Jason, if it is appropriate to ask you…
Have you ever known any person who came here on visa and applied for asylum with no criminal background ever deported by USCIS ? (Country conditions have never changed.)
[So many of us here in USA are fulfilling all duties and following all rules as a good citizen. We almost spend very important years of our life here waiting to breath free and at the end we get decision to be removed from this land, better USCIS give death penalty to asylum failures. Because if this land don’t allow us to live, there is no other land to wait for last leftover years of life with extra struggle and uncertainty.]
There are many failed asylum seekers who are forced to leave the country unfortunately…
I know in some instances, the person sent back was killed…The world is a cruel place unfortunately…and sometimes I find it useful to pray for a better reincarnation…so that next lifetime you will be born in the United States.
You are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Am I ?
@”asylum Seeker”,
I gave up on you in the year BC🤣🤣.
Jason, do you really still believe this person is an asylum seeker?
It depends what you think as qualify as asylum seekers.
In my opinion, everybody in the world is seeking their own asylum, seeking their inner peace. I am sure there is a place for everyone. and that’s that person’s asylum.
Right!
Three things I have found you consistent in though:
1.You have never made an effort to refute any accusation that you are not seeking asylum in the USA.
2.You have never pretended about your Xenophobic views.
3. You have not let people’s anger at your toxic posts(some of them) derail your mission (whatever it is), because you have previously stated that you are on a mission here.
I guess people still get angry at your posts, because some of us have not figured out that your posts are carefully worded to rile people up.
If we can all start laughing at you toxic posts, or ignore them altogether, I doubt the asylum you seek from asylum seekers on this forum would be “granted.”
But since you mentioned this, I do want to ask a question:
So…a person with a final order of removal is considered a … fugitive…
So…there are 11 million undocumented people in the United States…my question is…are they (or aren’t they) subject to removal ? Why can they live here ?
And … I also have frequently heard instances where a person who was removed made their way back…how were they able to do that ?
@Ron I think they are the best examples for you to emulate and for a lot of people as well…
Hence my ask…
I have known people who applied for asylum and lost – except for those who were detained due to a criminal issue, all either left voluntarily after the removal order or maybe stayed here illegally. I know there are instances where non-criminals get deported when they lose their immigration cases – we have had that happen to some clients. If you are referring to people who have asylum and then get deported for a non-criminal reason, I personally know of no such case. The closest was a person who won asylum, but later returned to her country voluntarily and stayed there for 9 or 10 years. She was not able to return to the US because her status was deemed abandoned. Take care, Jason
May I ask…is there anyway that we require all immigrants to be interviewed ?
I find that … it seems only asylum seekers need to be interviewed…is … kind of…discriminatory…right ? I mean…
You are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Really ?
Hi Jason
Do you how long it takes for I-730 approval for my wife who had/has a legal status and was married to me before my asylum approval? Also, is there a checklist of documents to be included in the submission?
It probably takes 1 to 2 years for most cases, and then if she is overseas, a few more months for consular processing. There is a link under Resources called I-730 Family Reunification Manual that provides helpful info about the process and dealing with any problems. Take care, Jason
Thank you Jason for all you do. I just got approved from EOIR and no appeal from the government after waiting 8 years. Just wanted to share my experience and feedback. When my attorney was direct examining me, I was providing a lot of details. When we took a break for the gov attorney to prepare his questions, my attorney warned me to only answer direct and not provide details to gov attorney. But, I felt that doing so might get me approval from the judge but gov might appeal adding more cost and delays in BIA for additional 2-3 years. So, I listened to my heart and provided as many details as I recalled to gov attorney.
At the closing, after my attorney, the gov attorney instead of arguing why I shouldn’t get it, praised and said why I should get it as well and said, I was very excited to answer, lot of details to overcome any credibility issues, reasonable responses and I was very frank and not evasive at all. And he waived appeal as well. Not sure, how rare or often that happens where gov attorney is supporting you but my takeaway is if your gut tells you something, do it.
It seems a very bold move…
Congratulations! That is great news and it sounds like you were very convincing. It does happen sometimes this way, and it is a real pleasure to be done – finally. I did a post on May 16, 2018 about what happens when asylum is granted. Maybe that would be of interest. Congratulations again and best of luck in the USA! Jason
Jason, After divorce with my husband (Main Applicant) with whom my case was in MCH , I am marrying with US citizen before December and my son is going to stay with me. I and my kid also received NTA. How long does it take to get green card through marriage? Can I include my son also for Adjustment of status and do we get GC through USCIS or IJ?
The wait time is not predictable, but probably 1.5 years would be the minimum. I did a post about that on August 6, 2018, as the process is a bit involved. As for your son, it depends on how old he is, and I cannot remember the age requirement at the moment. I think the I-130 instructions (available at http://www.uscis.gov) indicate how a step parent can file for a step child, and what is the maximum age for a step child to take advantage of that process. Take care, Jason
Thanks for your response. And if my GC gets approved, how do I get my GC since I am also on NTA?
It is a multi-step process and there are different ways to do it. In the post from August 8, 2018, I describe the process for people in Immigration Court. Take care, Jason
Hi, I am Green Card holder based on Asylum grant, can I apply Re-entry permit while I have travel document? Can I also use Re-entry permit to travel outside US multiple times but all less than 4 weeks?
You can, but you can also use the RTD for that or just your green card. Remember that the Re-entry Permit is not designed to be used instead of your passport, and so if you plan to use your passport anyway, the only real reason to have a Re-entry Permit is if you plan to stay outside the US for a long time (6 months or more). Otherwise, you can just re-enter with your GC. Take care, Jason
Hi Jason,
I am curious to know where do Pro Bono lawyers get their recovery fees who are representing refugee cases for FOIA and RFR Appeal?
Thank you.
As far as I know, very few pro bono lawyers get any fee at all. There are exceptions and sometimes, the opposing party (in immigration cases, the government) has to pay attorney fees, but I think that is pretty rare. I have never received attorney fees in any of my immigration cases, though certainly, I could use the money! Take care, Jason
Hi Jason,
Need your suggestions badly. I have a pending asylum case with USCIS. I am the main applicant. Recently I requested to expedite my case as my wife is very sick. They call me for interview this week but my wife is very sick and admitted in the ICU now. She wouldn’t be able to go there physically for interview, what should I do? Please let me know.
Thank you again Jason,
David
You can, but they would normally expect her to be there if she is a dependent on the case. You should bring some evidence (like a letter from her doctor or a hospital record) to show that she is in the hospital and cannot attend. I wish her a fast recovery and good luck with your interview. Take care, Jason
Hi Jason,
Thank you so much for your reply. You are blessing for asylum seekers.
Thanks again,
David
Hi,
Hope you are doing good Jason. Thank you for all the help and support you are providing to us all.
i have a specific question about form I-485, I’m applying as an asylee for adjustment of status and me and my family has used Medicaid. Is it considered a public benefit. In Question 61 where they ask if you have ever received a public benefit from federal or state, what should i write? i know the public charge rule do not apply on Asylees but for that specific question what should i do? thank you
I am not sure, sorry (it may be in the I-485 instructions). But I think you can make your best guess, circle the question, and write “See cover letter.” In the cover letter, you can indicate that you got Medicaid, but you are not sure whether it counts for purposes of the question, and provide the dates when you received it. You can also note that the public charge rule does not apply to asylees. If you do this, you should be fine. Take care, Jason
https://www.uscis.gov/archive/public-charge-fact-sheet
this may help I am not sure but may be your benefit under Medicaid may not be as public charge
Hi, Jason, I am green card holder based on Asylum, i get my green card about 6 months ago now, while my green card application was pending, i submitted for travel document as asylum granted. Now I received my travel document, but it valid for one year, I thought as green card holder it would be valid for 2 years, I suspect this is due to I submitted the travel document before I received my green card, but when I went to finger print, i told them that if I need to update that am green card now, they told me it will will update automatically, and I also asked them would it be for two years because I am green card now, the lady there told me yes, if they approved it it will be based on current status ( not the status, I submitted) so it will be for two years. But unfortunately, that is not the case they send me for one year travel document, now what should I do, should I contact them to make it two years, or submit another one? what do you think I should do? I need two year travel document because I will travel a lot to my finance this next couple years, until she join me to US.
Samuel
What do you talking about man!?? Greencards based on asylum are 10 years valid not 2 years! Stop smoking
Am not saying about green card, yes that is for 10 years, am talking about travel document
Unfortunately, the Refugee Travel Document is only valid for one year, and it is also annoying to renew it. If it is still valid when you want to renew, you have to send in the original RTD, so you will not have a travel document. If you wait for it to expire, and then file to renew, you will also have a gap in the time you can travel. Alternatively, you can travel with your country passport, but this can create issues for your asylum status (or your GC status based on asylum). There is really no satisfactory solution, and many people end up using their passport to travel. You can use the same form I-131 to get a Re-entry permit, and if you have had the GC for a certain period of time (maybe 2 years, I forget), you get a 2 year travel document, but this is not an RTD and is not meant to be used instead of your passport. Hopefully, USCIS will extend the validity of the RTD, but for now, it is only one year. Take care, Jason
So even, I apply for RTD with green card, I will only get 1 year RTD, since I have in Green card less than two years?
Samuel, yes. Like Jason said, ALL RTDs (doesn’t matter if you are a GC holder or asylee) are valid for ONLY 1 year. I am not sure where you got 2 years from. That is not true. I applied as a GC holder (based on asylum) and I got an RTD which was valid for 1 year. You probably misunderstood the person who told you about a 2-year travel document. As a GC holder, you can apply for the re-entry permit. This document is for GC holders who intend to stay outside of the U.S. for a year or more- or they want to stay outside of the U.S. for an extended period of time. The re-entry permit was never intended to be substituted for your passport or the RTD.
Also, it doesn’t matter how long you have your GC for. That doesn’t change the fact that the RTD will ONLY be valid for 1 year. You seem to be confusing the re-entry permit with the RTD. Please use Google to research the differences. There is free information online on the differences between the documents.
Yeah, I think I am confused between Re-entry and Travel document, reading about it (https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf), I am confused more, Re-entry it basically function same as travel document but with longer period. My question is now, can I use 2 year Re-Entry permit, thought i will be traveling multiple time but less than 2 weeks on all those 2 years? Now that I already get travel document, can I also apply Re-Entry permit?
The Re-entry Permit is used to re-enter the US. The RTD is used instead of a passport. Maybe some countries will accept the Re-entry Permit as a passport, but I do not know, and it is not meant to be used that way. Also, the Re-entry Permit is not always granted for 2 years, but I think if you have a GC for 2+ years and it is your first Re-entry Permit, it is given for 2 years (check the instructions to be sure). Normally, though, you would need to use your passport and the Re-entry Permit, which can be problematic for asylees. Take care, Jason
@Samuel G Hailai get the 2 years one since you have the green card. I think is the same I 131 form but you will apply for reentry permit instead of travel document. When did you get the Green Card Approved? What office(Texas)? Can you share your timeline please ?
@Lora, I know the limited validity that comes with the RTD is annoying; please stop advising GC holders to get re-entry permit if they don’t need it. If you don’t intend to stay outside of the U.S. for extended periods of time, then you don’t need to get a re-entry permit. Furthermore, many countries do not accept the re-entry as it doesn’t act like a passport. The re-entry permit is to demonstrate to the immigration officer that you intend to maintain your permanent resident status. This is because a GC holder, for whatever reason, should not be staying outside of the U.S. for longer than 1 year (unless you have to). If you do this without first getting the re-entry permit, you could be placed in removal proceedings for abandoning your lawful permanent resident status.
As a lawful permanent resident, though, you can stay outside of the U.S. for 6 months, but less than 1 year, without a re-entry permit. However, if an LPR stays outside of the U.S. for 6 months or more- especially if the LPR does this multiple times- s/he should know that the continuous residence requirement for naturalization would be broken/interrupted, the LPR would be treated as seeking admission to the U.S.- which could open up a can of worms for the LPR- rather than a returning resident, and, depending on the nature of the visits outside of the U.S. (the reason(s) for the travel), the LPR could be accused of not intending to make the U.S. his/her place of residence. See Section 101(a)(13)(C) of the INA, 8 U.S.C. 1101(a)(13)(C). The re-entry permit helps to mitigate some of these issues.
I would add that for people who spend a lot of time outside the US, it is better to have the Re-entry Permit, as it eliminates (or at least greatly reduces) the chances that you will be accused of abandoning your residency. Take care, Jason
Very unfortunately, the RTD is always one year and very annoying to renew, so yes, you will only get a one year RTD. Take care, Jason
May I ask a question.
So today I am reminded of this proposal. I want to ask, has this proposal become law yet ?
https://www.federalregister.gov/documents/2021/08/20/2021-17779/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat
I am not sure the status of this rule change, but I think there may be lawsuits about it. Also, as far as I remember, it only applies to people at the border or maybe at the airport who seek asylum upon arrival. Take care, Jason
Thanks Jason :p
You are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Hello Jason and friends,
I’ve finally received an interview notice after waiting for 5 years. I’ve got 3 weeks to prepare for the interview and I’d be happy if people who recently had interviews would share some tips with me.
Also, has anyone had their interview take place in Minnesota? Apparently mine will be at USCIS Field Office in Minneapolis.
Thanks in advance
Congrats !
Did you expedite or put yourself on the short list ?
Thank you!
I tried expediting 5-6 times through a Senator’s & Representative’s Office while I lived in NY but had no luck and I moved to MN this summer and 5 month after living here I got an interview notice. Hopefully, it’ll take place
Good luck in your interview.
It probably means that the chicago office is not as backlogged. But…I just checked the approval rate…not pretty 🙁
You are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
I mean…
I did a post with the latest data I’ve seen on February 5, 2020. The Chicago office is actually pretty decent in terms of grant rates (3 offices have higher grant rates, and 6 have lower grant rates), and my experience there has been positive. Take care, Jason
I recant the lower approval rate comment, I might have derived that impression from some early time.
I mean…you are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
I mean…you are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
@Layla, am just curious, why do you keep reposting this link?
@Beyond frustration:
I always would like to post the link that indicates the famous portrait of “The Scream”, made by Edvard Munch in 1895. The character in the portrait is someone who screams and seems to have a kind of psychological struggle and no one can understand his/her issue; so he/she has been neglected. That one is the best example explaining the personality and characteristics trait of that psycho, that looser who has called h/herself “Asylum Seeker”. H/she has been entirely neglected by all the asylum seekers visiting this blog.
That’s great – I did a post on September 8, 2016 about the asylum interview that might help. Interviews are now done by video – so you will be in one room, the officer in a another, and if you have a lawyer, the lawyer will be in a third room. I wrote a book recently (see the link above) that has more about interviews, including an appendix with interview questions. That might also help. Take care, Jason
Great! I’ll definitely get that book and be prepared as much as I can. Thank you, Jason.
I feel sort of weird telling people to buy the book – but the asylum interview questions are only in there (I got them from someone else and did not get permission to post it online). I think there is other material as well that is useful in prepping for the interview, so hopefully it is worthwile. Take care, Jason
I assume that’s because you are a humble & modest person, Jason even though I’ve never met you in person. But I’ll order the book today. Thanks again
Thank you – I hope it proves useful. Take care, Jason
“Asylum Seeker”, if I recall correctly, you were one of the first that said you ordered, read the book, and provided your “feedback”, or is this a different Asylum Seeker?
@Tina,
I think you recall it incorrectly or confused it with someone else, because I never give a feedback before reading a book / watching a movie etc.
Jason ,What is the name of your book on asylum and is it available on Amazon. Please send link as could not see it
“The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity.” It is available on Amazon and Kindle, and there is also a link above called “Book.” Take care, Jason
Jason ,What is the name of your book on asylum questions and is it available on Amazon. Please send link as could not see it
The name of the book is The Asylumist by Jason, A Dzubow and you can find it on Amazon.
I guess I could have sent the link the first time. I am kind of a crummy salesman. Anyway, here you go: https://www.amazon.com/Asylumist-Asylum-United-States-Sanity/dp/1736479954. Thank you, Jason
Great location in middle of downtown Minneapolis on bus and trains line. You will probably meet a young (-40yrs)officer from Chicago office. Be prepared well because their approval rate sucks. Wish you the best!
Check my post from February 5, 2020 where I include the latest data (and I think this is still the latest data). The grant rate is Chicago is pretty good. Take care, Jason
Thank you! I’ll do my best
Jason,
It seems that ASAP filed the lawsuit against USCIS for work permit renewal delays. They asked me to be part of it but I was too busy so I could not be a plaintiff but 5 other people became plaintiffs.
ASAP members: Thank you for joining the fight against work permit renewal delays. The lawsuit has been filed! With your support, 5 ASAP members are suing the government and demanding justice for all asylum seekers who are suffering these delays. The information you provided helped us show the court how big of a problem these delays are for asylum seekers. Thank you for your participation! Read more here: https://urbanjustice.us14.list-manage.com/track/click?u=5f6653752c18334a87e27f074&id=c8ef853875&e=8ffcdf4b32. We will send another update soon with more information.
This is good news – I saw the lawsuit but did not see that ASAP had filed it (along with American Immigration Council and a law firm). It is a shame that it was needed, but it is desperately needed. Hopefully, it will result in a quick settlement and processing times will be improved. The down side is that USCIS may need to move resources from one area in order to process c-8 EADs more quickly, so some other people may be harmed. What they really need is to hire more staff and reverse some of the Trump-era changes (like all the extra time spent on fraud detection, and the extra requirements on the I-765 related to asylum seekers). Maybe they will do these things as well. Take care, Jason
Is there anybody else on this forum who are waiting for their asylum interview for more than 6 years, For me it seems like a life time has passed. I filed for Asylum in start of 2016 and still waiting for an interview.
Not sure how some people get their interviews so quickly and others like me have been waiting for many years. This is so inconsistent. The policy should be fair and just.
We are in the same page, I am really hopeless, full of stress and anxiety…
When did you file and which asylum office, I initially filed for asylum in Los Angeles in Mar-2016 but moved to San Francisco an year ago.
Does being from a Muslim country means more delay for interview, Is that a pattern?
I filed 2016 in LA office, I also have many friends that are filed 2015 in the same office.
I have not seen a pattern of longer delay for an interview for people from Muslim countries. However, I have seen a pattern of longer delays for the decision for people from Muslim countries, especially men. Not all cases follow this pattern – some men from Muslim countries get decisions quickly. But in general, decisions for such people take longer (sometimes much longer) than for many others. Take care, Jason
Yeah I’m from muslim country abd got my decision after 20 days only and it was an approval letter ! I also served in my COP’s army and many told me it might takes longer for that point but thanks god it didn’t effect at all and got my approval after 20 days
I think you are lucky – many people with a similar background wait a very long time. Why one person is slow and another fast, I do not know, but it is nice when things work as they are supposed to. Take care, Jason
@Evan123,
I filed mine in June 2016 LA office and am not from a Muslim country. So I think it’s affecting everyone.
We have a number of clients waiting since 2015 and 2016. The main issue is that they changed from FIFO to LIFO in January 2018 – I wrote about this a few times, including in a post on July 10, 2018. But essentially, it means that new cases get priority over old cases, and old cases are languishing in the backlog. You can try again to expedite if you want – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason, how are you doing? I have asylum pending since March 2015, haven’t got the interview as of now.
The question may not be related to you but may be you can help. I have J1 waiver hardship pending past 1.5 years with DoS although USCIS has sent the paperwork to DoS in November 2020. But DoS doesn’t reply to USCIS. I tried to expedite with DoS but they don’t even reply emails. There are people who are getting the waiver in 6 months but my case is seem to stuck with DoS, what should I do about waiver? I tried to get early asylum interview couple of years ago but in vain. Thank you in advance
If you win asylum, the J-1 waiver becomes irrelevant, as an asylee can get a GC without a J-1 waiver. In terms of expediting the waiver, I do not know how to do that, but unless you have some other means to get a GC (family- or employment-based, for example), the waiver does not help you. I would imagine there is some process with DOS to inquire – maybe talk to a lawyer who does J-1 waivers and see what they suggest. However, keep in mind that the waiver itself does nothing unless you have some way to get a GC. Take care, Jason
Hello, I’m still waiting for my Interview. Can you tell me how to change my address?
How to notify San Francisco Asylum Office my new address?
I filed form I-11 online when I moved to San Francisco an year ago, I also sent an email to SanFranciscoAsylum@uscis.dhs.gov to confirm they know my updated address.
I also called the SF asylum office and made sure that my asylum case file had moved to san francisco.
1st step is to file form AR-11 online then just to make sure you can email them or call them.
Office Address:
75 Hawthorne Street, 7th Floor, San Francisco, CA 94105
Mailing Address:
USCIS
San Francisco Asylum Office
PO Box 77530
San Francisco, CA 94107
The public email address is: SanFranciscoAsylum@uscis.dhs.gov
The public phone numbers are: 415-575-1300, 415-865-3587 and 415-865-3586
The public fax number is: 415-575-1393
Form AR-11 available at http://www.uscis.gov. That alone should be enough, but you can also email the asylum office as Elon suggests. Take care, Jason
Hi Jason
When I check my status 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,
My IH Boston court for my asylum case has canceled in the same day without any reason. I’, checking their Web “immigration court portal” daily and still showing ” There are no future hearings for this case.
Decision and Motion Information ,,, This case is pending. ” ?/?
Do you know why ? Also when they are going to schedule a new appointment ? Have you seen anything like that ?
Thanks
It could be Covid, but cases get canceled for many reasons (I am working on a blog post about this issue). You can call the court to inquire – you can find their contact info if you follow the link under Resources called Immigration Court, but I doubt they will give you a reason. You can also try to file a motion to get a new court date – I wrote about this (in the context of getting an earlier court date) on April 20, 2017. Take care, Jason
Thanks for your respond. The IH was online and she didn’t come IDK why ??
That was 3 weeks ago !!
Do you know how long to get a new appointment ??
Thanks
It is totally unpredictable. A lot of our cases canceled due to Covid were rescheduled within maybe 6 to 12 months, but not all. If you really want to try to move the case, you probably should contact the court and maybe file a motion to advance (or if there is no date, a motion to set a new date). Take care, Jason
I just found my new appointment,, Next April-2022 😬
Hi jason,
I have a pending I-485 in Texas service Center more then 1 year. Also I applied for my second RTD I-131 form on April 2021. (first RTD I couldn’t use it bc of Covid) My case is in Nebraska Service Center. They post their processing times. Every month they add another 2 months onto processing time it’s a absolutely soul destroying. This is very inhuman treatment for us. It has been 7months since I applied. I was even looking for flight tickets to go to see my son in 3rd country. Now it says 9 months , 11,5 months! How it could that happen? Neither they process my I-485 or RTD. This is not fair and don’t know who is responsible from this mess!
I did not know that was happening to RTDs – it is a particular disgrace because the problem could easily be solved: Make RTDs valid for 10 years (as was proposed in 2008). Hopefully, this is something USCIS will look into. Take care, Jason
Thank you for all you do.
I was just approved in EOIR last week(my wife was derivative in I-589) and she didn’t get NTA since she has a TPS status with her own pending asylum application before we were married.
Now that we are approved. Do we have to let USCIS know to withdraw her both TPS and pending asylum case or will they do it automatically and change her status to derivative asylee?
If she was not in court, she would normally not receive asylum from the judge, at least as far as I know. I would think you know have to file an I-730 petition for her. Maybe talk to your lawyer if you had one to be sure about this, as the judge does not have power to grant status to someone who is not in court. Assuming she does have asylum, I think you can just allow the TPS to expire and you can inform the asylum office by email to close that case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
In page 2, I included my spouse information and in this question I said Yes and included her photograph.
If in the U.S., is your spouse to be included in this application? (Check the appropriate box.)
X Yes (Attach one photograph of your spouse in the upper right corner of Page 9 on the extra copy of the application submitted for this person
Talk to your lawyer (or maybe do a consult with a lawyer if you do not have one), but as far as I know, including her photo and checking the box is not relevant because the judge does not have authority to grant her case. Maybe I am wrong, but I do not think the judge can do that. One way to know for sure is to follow the post-hearing instructions to get your I-94 card (https://www.uscis.gov/sites/default/files/document/guides/PostOrderInstructions.pdf). If she gets an I-94 indicating that she has asylum status, I guess she does. It just seems very unlikely to me since she was not under the judge’s jurisdiction. Take care, Jason
Hi Jason
It’s been 2 years since my asylum approval and I am in the STEM field.
I am about to start the GC procedure and I was wondering if I am forced to take asylum-based GC or can I take a different category green cards such as job-based or NIW based as I qualify for those as well?
You can apply for a GC any way you want (and are eligible), but there is no real advantage to that – maybe an EB1 where you can premium process, but an EB-2/NIW cannot be premium processed and is probably as slow as an asylum-based GC. Also, getting a GC some other way does not negate the asylum case or change the issues related to returning to the home country. Take care, Jason
Jason, please don’t think I am weird or overreacting, but your you answer to this question!!! So good!!! Covered everything succinctly. I am not sure why an asylee- someone who was granted asylum and already satisfied the 1-year physical presence requirement- would want to do an EB-2 GC application. I can probably understand why someone- a person who is not yet granted asylum or completed the physical presence requirement- would want to use the EB route.
Employment based GC applicants are not excused- or “forgiven”, rather- for certain “violations”, immigration or otherwise, like asylum-based GC applicants are. As well, the processing times for employment based GCs are just as sickening- probably worse than the asylum-based applications. And, mostly importantly, like Jason said, an issuance of an EB GC doesn’t mean that you can, for example, suddenly return to your COP (that is, at least, if you claimed that you fear your government)- nor does it eliminate the underlying reason(s) you were granted asylum in the first place.
The same goes for marriage-based GCs. The advantage to a marriage GC is the statuary period for naturalization: you generally wait 3 years if your GC is based on marriage and 4 years for asylum based GCs. What’s the statutory period for EB GCs?
EB GCs I believe is 5 years.
Plus, I always think for asylum seekers to apply for EB GC is dangerous because it will involve other parties and confidentiality might be breached.
You are neglected..
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
I mean… I guess you have freedom of speech :p Have fun :p
I mean…you are neglected..
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
“EB GC is dangerous because it will involve other parties and confidentiality might be breached.”
@ASYLUM SEEKER
Motha Fucka stop giving out fake bullshit advice from your butt hole.
Who da fuck are you, Jason bourne / John wick or james bond.
In reality Employers don’t give a fuck about your asylum case.
@ALEX,
I am sure there are employers who are uncomfortable with hiring asylum seekers…
This is my 4th job in the U.S, I always fill and submit my form I-9 with my manager so he knows that I have a pending asylum case and I am proud that he knows about it.
My home country is a shit hole for minorities and is currently a tier 1 for religious violations designated by the u.s govt. one of the countries mentioned below.
On December 2, 2020, the Secretary of State designated Burma, China, Eritrea, Iran, the Democratic People’s Republic of Korea, Nigeria, Pakistan, Saudi Arabia, Tajikistan, and Turkmenistan as CPCs.
Never had any issue with any employer in all my years, not sure where you are getting your information from??????
Infact my manager recently asked me if they could file EB2 for me and if that would be quicker and I am also thinking about it even though I have no issues going through with my asylum case either.
You may be very lucky…
@ALEX, may I please respectfully asking you to stop using this kind of language on this site, since it is dedicated to address asylum seekers’ questions, not wasting time with some people who deserve to be neglected? I would really appreciate your help!
@LAYLA
I will try not to use such language but if this ASYLUM SEEKER guy shares any more B.S then I will not keep my promise. The only language that this ASYLUM SEEKER person understands is the one that I am using right now. This is not my first exchange with him. We have been doing this since the start of this year.
Jason’s advises to ignore the comments/language that you don’t like. My language is directed towards ASYLUM SEEKER only and it means no offense to anybody else, Jason recommends that is the best approach.
@LAYLA
Also seems like you are new here so you don’t know the background but other people on this forum do. This ASYLUM SEEKER has been a real pain for last several months.
I don’t care how vulgar my language is. If it does the job of shutting this fool up then mission accomplished otherwise I will keep responding to him as long as he keeps shares his B.S opinions.
Jason can go ahead and delete my comments if they are too vulgar, I don’t care, I will keep posting as long as this ASYLUM SEEKER guy keeps haunting us.
After the 44th came, he preety much tried to dismantle the entire asylum system.
So, my worry is if some other right-wing pres comes in, I wanted to reduce the risk of being at risk of anything.
They can make any weird policy at any time without any legal backing. They go like “I’m the law”. I even recall the incident in 2017 when people with a green card were not allowed to enter at POE from those 7 or 8 countries.
So, just some extreme overthinking on my side, nothing else.
You mean 45th, right ? lol
Yeah, that’s my question as well…We have seen the destructiveness of 45th…
I guess I am wondering…to what extent…a potential 47th … could do with the asylum system.
I generally support the asylum category of immigrants better than other category of immigrants. But it seems 45 (or potentially 47) has a clear favor towards certain types of immigrants…which is of different preference from mine…
@asylum seeker, so-called: You are neglected..
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Once in a while, I get something right – so thank you. I can see some reasons why a person would want to do this, though. Maybe the employer is willing to pay for the GC process but only for an employment-based GC (as a means to keep the person working for that company) or maybe the person is just very afraid of the near-eternal processing time for asylum-based GCs. That said, I would still recommend the asylum-based GC to someone in this position, as it is probably the easy and maybe even the fastest (though I agree that there are very good reasons to get a GC based on marriage to a US citizen if that is an option). Take care, Jason
Hi Jason
I’m filling for renewal of ead. My paperwork was send back because the cheque amount was wrong. They say to read it up. Last year it said the fee and if biometrics is needed then they will let you know and then charge you. This year it seems if you have to go and include the biometric fee?? ?? I send $410, must I rather send $495. I tried to call the number, but the robot thingie got angry as they keep on giving me the website and I want a clear human answer. So I keep asking to talk to a real person. After the 3rd time she said: if you ask to talk to an agent again I will disconnect your call😳😳😂😂.
So my Question then is do I send the biometric fees with? Thanks so much Jason for all you are doing.
The rules changed last year (I wrote about this on September 23, 2020). Either you have to pay the biometric fee or join one of two non-profit organizations and provide proof of membership (at least one of these – called ASAP – is free). The blog post contains links to the two groups, and their web pages have more info about this. Take care, Jason
Is it possible to disenfranchise naturalized citizens ? I have observed the eagerness of people trying to become U.S. citizen, it makes me worried whether these people are trying to infiltrate the U.S. institution. I have concern about the independence of U.S. now, which should be free from foreign interference. And please help me understand why is it okay for people not born here to have the right to vote ? Doesn’t the U.S. government know that these naturalized citizens may still have contact with their country of origin…thus may pose a threat to national security ?
Jesus you dumb fucking piece of shit, shut the fuck up already, take your concerns to your congressman and senator if you are so worried,
Spare us the headache of your dumb fucking bullshit, Take your worry and put it right up your asshole you dumb fuck
I just feel that people in this blog re the smartest on earth, that’s why I post various opinions to solicit feedbacks.
Yes mother fucker we know it’s all a game for you but for us our lives depend on asylum. Take your dumb fucking games some where else.
This is not the squid games where we have to satisfy your curiosities. We have real fucking problems to deal with.
Take your dumb fuckery some where else POS
At this point, it is pretty clear that your posts are not being well received, and so it would be appreciated if you could use a bit more discretion in terms of what you write and how often you are posting here. I do think the better response for people who do not like your posts is to ignore them, and it would also be helpful if people could do that going forward. I am not thrilled about having to start erasing comments, but that may be the best approach. Take care, Jason
Asylum Seeker, I think you yourself is an agent of some extra-terrestrian creature spying on the world most developed country (USA) and thus plotting to destroy the whole world Mr. Weirdo🥴
I am not…
“Asylum Seeker ”
The only accusation you ever denied🤔
https://www.forbes.com/sites/stuartanderson/2021/11/11/uscis-settlement-is-good-news-for-l-1-and-h-1b-visa-spouses/amp/
Another instance of USCIS “under Ur Jaddou” aversion to making the simplest of decisions to facilitate the lives of immigrants until they are sued and forced to settle. Hypocrisy at its best.
This is not good. I remember I have said before that it seems to favor certain class of immigrants over asylum seekers…guess it’s true…
@Asylum Seeker, so-called: You are neglected.. https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Hello Jason,
Thank you so much for your support to all of us. I am eligible to apply green card since last month. What are the documents do i need to submit ?Do you have any idea about wait time in Texas? Also, how to do medical for this form? Is there any less costly way to do it? How long does it take to finish the medical. Hope to get your guidance as always.
At a minimum, we submit proof of asylum, and if you have it, a copy of the passport and birth certificate, the two passport photos and the filing fee. However, depending on the case, other documents might be required and you have to check the I-485 instructions. In terms of the fee, if you cannot afford it, you can try the fee waiver – form I-912, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
I hope you’re doing well.
So Potomac center increased processing time for EAD up to 11 months now. Someone’s offering to file a writ of mandamus against USCIS because of it. Do you think it would help somehow? My extension expires in 29 days.
Although I don’t like INS takes so long to respond…But I am worried about that the immigrant community already possesses the power to … bring class action suit to U.S.government ?…Will usurpation and take over be the next step ? Erecting a North Korean, Chinese or Iranian flag on top of the White House ?
@”asylum seeker”I am so DONE with you🤣🤣
I mean the fact that a bunch of people can hold government agency hostage is appalling…What if tomorrow, enough asylum seekers from some countries, demand legalization of FGM or implementing sharia law…and then the U.S. government will be forced to respond…and … spend money on this…
@ASYLUM SEEKER
Have a little self esteem and fuck off already, you dumb fucking looser.
No body here wants to listen to your dumb fucking B.S anymore.
@Asylum Seeker, so-called: You are neglected.. https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
@ASYLUM SEEKER
Yes we will usurp your ass and erect a flag pole through it, you dumb fuck
That’s quite a lewd…thing to say…
People on this forum are really tired of listening to your dumb fake Bullshit on a daily basis.
Go suck a cock somewhere if you are feeling so desperate, lonely and bored.
Save us the daily fucking headache.
…
It might help, yes. I have also heard about a class action lawsuit involving delayed EADs for certain applicants (as far as I know, asylum seekers are not part of this lawsuit). I think that is a good idea and a similar suit should follow for asylum seekers. Hopefully one of the non-profits or a big firm with more resources will take up this issue. Take care, Jason
Exactly my extension is going to expired end of December, the receive day is January 13th and they took my from account on that day wha are they doing?!?!?!
Hi Jason. I was granted asylum in 2019 and submitted my AOS asylum based in October 2020. As of now, I have been waiting for more than 13 months and USCIS haven’t adjusted my case yet. I have searched around and I found nobody of my type got approved yet. Before October 2020, people got the decision in 7-12 months. Did USCIS change their procedure of our type? Thank you.
Sugarlove I’m so sorry to tell you but they are not processing asylum based green cards . They made the decision to stall that process and many are in warehouses also known as National benefits center. Texas center is a lost cause and Nebraska is rejecting any intake. The local offices don’t know what to do with these type of forms because they have never handled this category. What you can do is call your senators and write to the President Biden . Expose the abuse and corruption. it’s a tragedy
Things have slowed down dramatically. It is a real disgrace. USCIS was almost bankrupt in the the summer of 2020 and that slowed things down, I think. Also, the Trump Administration implemented new rules to look for fraud and also interview all asylum seekers seeking GCs (though this never was fully implemented). This also probably contributed a lot to the delay. We are still waiting for the Biden Administration to roll some of this stuff back. Take care, Jason
May I ask a question,
I have learned that there are several individuals and organizations (both in and outside U.S.) that have been contacting the immigration agency and disparaging my application with the attempt to influence and derail my application and have me repatriated to my country of origin.
Should I do something about this ?
You are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Shut up you dumb fuck
You can file a request for your file (there is a link under Resources called FOIA USCIS and FOIA EOIR) and maybe you can see what they did. But whether you do that or not, you should take some action – like finding out what they did and why, as this could affect your case. Take care, Jason
Jason, this person is not an Asylum Seeker.
I mean…you can take a look at the Bible…Everyone can seek asylum and find peace.
Are you now religious? Impressive!
I think the person is an asylum seekers. I do think the comments here are too much, but they are also easy enough to ignore. Take care, Jason
Jason, I also think the person is an asylum seeker. Aside from the psychological issues, this person seems to be grappling with racism and or personal biases/prejudices. These irrational thoughts – or false beliefs- may stem from personal experiences.
I am also shocked that many of the people on here don’t know that some immigrants (even asylum seekers)- particularly people who migrate to the U.S.- also share racist and xenophobic beliefs/thoughts. For instance, I know several Cuban refugees (the ones who fled the Cuban communist regime) whose ideologies align closely with Trump’s and Steven Miller’s when it comes to immigration and the U.S. asylum system. This is just one example.
I feel it should be quite understandable to some extent…Because after all, asylum seekers are running away from their countries of origin…away from certain people and ideology.
Some races and religions are just inferior at respecting human rights. I mean…if some races and religions can’t take my criticism and mischaracterize it as racism or xenophobia…maybe when some people accuse me of being racist or xenophobic, they should first take a serious look at their own race’s or nation’s human rights record before outright denying my charge…I am not going to lower my standard or scrutiny just because some people’s ad hominem.
The problem is that when you say that “Some races and religions are just inferior at respecting human rights,” that is essentially the definition of a racist statement. I would not necessarily erase comments here that are racists, but you seem like you want to engage in genuine conversations. If you really want to do that, you need to be more aware of the people you are communicating with and how your communications are being received. Otherwise, your comments are not going to get the engagement that I think you want (though perhaps I am wrong and you just want to anger people). Take care, Jason
That’s right @Jamie. It does stem from my past experience.
I used to be very pro-immigrant. But after witnessing the harm some immigrants could bring to me and other people, I am no longer pro-immigrants unconditionally. I
Jason,
Whether he is an ASYLUM SEEKER or not does not really matter. Any body can choose to be racist or not, that’s fine.
What matters is the dumb fucking fake bullshit and brain aneurysms he has to give us on a daily basis.
If he has some genuine concerns then he can take those to his lawmakers (Congressman & Senator), It’s not as if Just because ASYLUM SEEKER does not like asians and africans then people from those countries will stop applying for asylum.
So what is the whole point of his dumb fucking concerns? Only to spam the forum and misguide other people, that is his objective.
Maybe I have a higher tolerance since I am getting lots of questions about all sorts of issues from my clients. Do this job every day for 18 years and that is what happens, for better or worse…
Thanks Jason for weighing in 🙂 .
This is gonna be helpful
Hi Jason another question;
On my approval letter, it says “As of 11/10/2020 you have been granted asylum” but on my i-94 it is March 11, 2021. because I received everything in March they came late for some reason. I am eligible to file I-485 in November or should wait for March to meet 1 year residency rule?
Since I have so little faith in USCIS, I might advise you to use the March date as your starting point, but really, you should be able to use the November date, since that is when you received asylum. I guess it depends on how eager you are for the GC and whether you are willing to risk the filing fee. Unfortunately, I do not trust USCIS to get it right, so if you do file now, maybe address the issue in your cover letter and explain that you got asylum in November 2020 and so are now eligible to adjust, and that the I-94 came later and does not reflect the date that asylum was granted. Take care, Jason
So I guess the date difference is, in theory… a mistake from the INS side…right ?
Jason,
I am filling i-485 with asylum did you have a post regarding how to prepare the package by any chance?
Not really – I did a post on November 13, 2017 about some common issues that come up. I also did a post on December 2, 2020 about applying for citizenship that has some relevance to the GC application. Aside from the pitfalls I mention in those articles, the process is relatively easy – if you review the I-485, it tells you what documents to submit and there are only a few (proof of asylum, passport and birth certificate, if you have them, photos and fees, and maybe some others if there are specific issues with your case). 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.
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 Jason,
I am an Asylee. My family arrived to the US a couple of months ago. They applied for their green card and I-94 at the airport upon arrival but they haven’t gave them a single paper as a confirmation or a receipt. I am not sure how to track the status and, to make an address change. on top of that, we were trying to get their I-94 and I couldn’t make the request online. The system asks me how I entered to the US, when I answer that I entered through the airport, it’s telling me “I should get the I-94 at the airport and no need to apply online” but as a matter of fact I didn’t get it at the airport. What should I do?
Normally, if you get a GC at the airport, they put a stamp in your passport that says I-551 (this means that you are a permanent resident) and then they mail you the GC later. Maybe you can see if that stamp is in the passport, and if so, it should have the Alien number. Then maybe you can try to change the address at http://www.uscis.gov (though I am not sure if you also need a receipt number – if so, you may need to call USCIS about how to proceed: 800-375-5283). If they do not have a stamp in the passport, I am not sure how to proceed. You might need to do a FOIA request to get a copy of their file – there is info about that if you follow the link under Resources called FOIA USCIS (but I am not sure whether you would need to do a FOIA with the State Department). Worst case, talk to a lawyer to see if the lawyer can assist. Take care, Jason
Hello Jason
Thank you so very much the great job you are doing.
I have question regarding your reply above.
If my family coming with a petition I-730 do they have to apply the Green Card at the airport or they apply after 1year in United States.
If they arrive in the US based on an I-730 and consular processing, they need to wait until they have one year of physical presence in the US and then they can apply for GCs (so if they come here and do not leave the US at all, they can file for the GC one year after the date they arrived in the US). Take care, Jason
Hi Jason. My friend got Asylum rejection decision in August 2021 from Texas. USCIS refered to him to Court. He moved to California and submitted info in Texas Court for hearing in Febuary 2022.form that he is moved so his case should be moved. Court staff received his Form and sent same info to uscis too. 2 months have passes but he got no information regarding case Transfer. He is living in California.What should he do more for case Transfer?
He needs to file a motion to change venue with the Immigration Court in TX (with a copy to DHS – the prosecutor). Normally, if you have evidence of your new residence, they move the case. He should talk to a lawyer for help with this, as it is not so easy on your own. Take care, Jason
https://amp.cnn.com/cnn/2021/11/09/politics/us-citizenship-highest-more-decade/index.html
In case there’s any confusion, Secretary Mayorkas and Director Ur Jaddou objectives are to naturalize as many people that are already illegible for naturalization as possible, based on the unproven assumption that they mostly vote democrat. They never meant to fix anything. Look at their actions not the fancy words and com.
Can I ask a question, so if Biden is re-elected in 2024. These people will stay right ? Mayorkas. Jaddou Garland. I feel they are quite good actually. Implementing policies that I favor.
shut up dumb ass moron
You are neglected…
https://blog.britishmuseum.org/10-things-you-may-not-know-about-the-scream/
Naturalization is important, but I am not convinced this is done to get more Democratic voters. Many immigrants do not vote for Democratic (and fewer would if the Republican party was not being so xenophobic). That said, it is certainly possible to improve efficiency for more than one area of USCIS, and so hopefully, the agency will start to get its act together. Take care, Jason
Hello Jason,
Thank you for your great post. I have a question in regards to my case back in March, I applied for AOS and I-131 based on asylum. I moved to a new place and immediately updated my address from the USCIS website and USPS, I got a notification a month ago that the case for i-131 was approved and produced since then my status in the case tracker has never changed. I called USCIS they are telling me that document was sent and they don’t have the tracking number. But my question is when they send documents like that it always has the tracking number right and they should be updating the case tracker that document was mailed or smth? I think customer service is not giving me a clear explanation. What can I do in this case? Should I re-apply again? Thanks, Abi
I think for USCIS, “customer service” is a term used ironically. The online tracker should update. Also, be sure that you updated your address for both forms (I-485 and I-131). If possible, try to contact the people at the old address and see if they received anything (we recently had a client whose address we changed – and got confirmation – receive his GC at the old address; he went there, and luckily, found it). If all else fails, I guess you can re-apply. If you send the I-131 again, double check the address, as there is a particular address for I-131 forms filed while the I-485 is pending. Also, you can use the I-485 receipt in lieu of paying for the I-131. Take care, Jason
I especially like no. 9- the widely inconsistent and arbitrary denial/approval rates. While they are training judges on the law, they should also do, at least annually, trainings on bias. No amount of training in the law can correct for xenophobia, homophobia, transphobia, ageism, confirmation bias, racism, gender bias, bias against certain religions, etc. In fact, training on bias- a euphemistic term by the way- only makes you aware of your bias- if you weren’t already aware that you are a bigot. The training on bias doesn’t, however, prevent you from being a bigot in uniform. As such, if training on bias/the law doesn’t rein in the arbitrary and inconsistent decisions, then I think it’d time for some of these decisions/judges to be investigated. They should then be called out or asked to explain why they have a 3% approval.
I do think more guidance – a lot more guidance – from the BIA about how to evaluate cases would help. There is such limited guidance in most areas of asylum law that IJs have a lot of freedom to exercise their own discretion (or bias). But also, “easy” and “difficult” IJs should be evaluated to determine why they are outliers and then – if appropriate – corrective action should be taken. Take care, Jason
following…why do they refuse you ?
An unrestricted social is important for employment…
dumb psycho
Thank you jason for that blog and all your help and support. I have a question that i need ur help with. I got my asylum approval two years ago nov 2019 and they sent me ead good for 2 years that expired that month. I applied for my green card last year and i have not heard anything back. I tried to change my social security after my asylum approval from restricted one to nonrestricted one so i can be able to use it for work together with the i94 asylum approval notice but the social security refused that and said i cannot change my social except after receiving my greencard although on their website it said that the asylee is entitled for unrestricted ssn the same as permanent resident but they refused more than once to change my social. Now my employer is asking me for a new ead or a greencard or they will terminate me. My question out of your experience do asylees entitled to a nonrestricted social security or not and have any of your clients experience that or it is just my local social security giving me hard time.
following…why do they refuse you ?
An unrestricted social is important for employment…Some people don’t want to show A5 EAD…so, second to this.
They said that as an asylee i am not entitled to nonrestricted one except when i get my green card. Although on the website they said the asylees are entitled to that but in my local ss office they refused to change it yo me twice not once. Have you got a similar experience?
I forgot to mention that without the unrestricted social security card, you must ensure that you are presenting acceptable documents from list A, B and or C. If you failed to present these documents, you may not have sufficiently proved that you are authorized to work in the U.S. The onus is also on you to prove that you are authorized to work in the U.S.
I hate that…like why does a person needs permission to work in the United States ? It makes a lot of people’s life much harder than it should be … I miss the 1980s in America. When everybody is so friendly and kind.
Hi- I am not Jason. You should wait for his response.
First of all, if you are an asylee, your employer cannot terminate your employment because they THINK you are not authorized to work. If you present the required document(s)- not the document that the employer THINKS you should provide- then the onus has shifted to the employer to PROVE that you are not authorized to work in the U.S. It is also the employer’s responsibility to verify your employment authorization using the government website (you may also send them a link of this website).
You do not need to present an EAD (owing to your asylum status). You should read the I-9 instruction form carefully and provide document(s) from list A, B and or C. You should also send the completed form I-9, along with the I-9 instruction form, your documents from list A, B and or C, and your asylum approval letter/I-94. You may also send your employer information from the USCIS and DOJ website about employment authorization for asylees (those who are granted asylum) and discrimination.
If you have a lawyer, you can let the lawyer contact the employer on your behalf.
It would be wise to communicate all of this via email so you can document everything.
For the unrestricted social security, you should present the asylum approval letter and the printed information from their website. If they insist, you may want to contact the DOJ or have a lawyer assist you. You may ask request to speak to a supervisor or manager. You can also go to a different social security office.
Yup i cannot use my i94 asylum approval without a restricted ssn it should be the non restricted one. Other than that i have to show valid ead or green card. That is the i9 instructions. I will try another ssn office. I asked to speak to a manager but they said the same thing that i am not entitled to a non restricted ssn???? I am not sure if anybody else got that experience to make sure that it is not my local ssn office that is giving me hard time. That is why i posted here
If the manager doesn’t know, how do you expect the employees under him to know, so it runs from the head.
I will find the email of that office, and email the manager a copy of the document, go back, and request to see him/ her. The email should be a polite way of telling him he is wrong. Go back in a couple of days to apply for your SSN.
Why do I have to go through this process, why not go to another office?
I do not know if you read my DMV story. I could have gone to another DMV 10 minutes away, but I wanted to correct that misconception; now they know..
We can’t just move on, and go elsewhere. If you are able to fix it at the SS office, no asylee would have a similar experience as you.
No have not read ur dmv story. How was that
To summarize, they refused to issue me an unrestricted DL stating that I did not qualify for that as an asylee.
Supervisor told me she had been doing the job for years, and knew what she was saying- I did not qualify for unrestricted DL.
I made a phone call to Customer service and requested a manager.
The manager emailed that particular dmv, asked me to go back and they issued me the DL.
Nice.
I forgot to tell that my asylum status is nothing without unrestricted ssn as if i did not get the asylum approval
I agree. I just checked, without an unrestricted SSN, the only other option is probably A5 EAD. Do you not wanting to present A5 EAD ?
Shut up dumb dipshit
It expired already and it took up to 11 months to get a new one
Really ??? This long ?
The SS website is pretty clear that asylees are entitled to an unrestricted SS card: https://secure.ssa.gov/poms.nsf/lnx/0110211205. Take care, Jason
Asylees are eligible to get unrestricted ssn based on approved Asylum. I got an appointment at the local office same day as I got my new EAD and approval notice. They sent me new ss cards in the mail within 3 business days. I would recommend trying different offices. Some people don’t know and they will keep reading the standard transcript when you call the helpline. I hope this information helps. Good luck.
As far as I know, my clients who won asylum got unrestricted SS cards. Maybe if you see that on their website, you can print it and quote it back to them, or try to elevate the issue to a supervisor. As for the GC, they are moving very slowly – you can call USCIS (800-375-5283), but I doubt it will help unless you have a strong reason for needing the card. In terms of the EAD, as an asylee, you do not need a valid EAD to work: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees. Take care, Jason