This year marks the 400th anniversary of the first Thanksgiving, celebrated in Massachusetts in 1621 by 53 Pilgrims and 90 Native Americans from the Wampanoag tribe. To commemorate this grand occasion, researchers here at the Asylumist have unearthed the original immigration file of one of the Pilgrim families, William and Mary Brewster, and their children Jonathan, Patience, Fear, Love, and Wrestling (and yes, those are their real names; if you don’t believe me, look it up). Here, for the first time, is that story.
The Brewster family arrived in North America on the Mayflower on November 21, 1620. They and their shipmates did not encounter anyone from Homeland Security, and so they entered without inspection and immediately began working without authorization to find food and shelter. But the land was barren and frozen, and the Pilgrims began to die off one-by-one. Seeing their plight, a group of Native American activists, calling themselves No More Deaths, illegally provided food to the beleaguered migrants. The Wampanoag council later charged these do-gooders with felony alien smuggling and other crimes, but failed to obtain a conviction. Predictably, this encouraged more Europeans to make the dangerous journey to America. These included nonconformists and Anabaptists, though some, we assume, were good people.
Concerned about the open borders and the flood of differently-raced people arriving daily, some brave citizens, led by Chief Steve Bannon, a/k/a Sitting Bullshit, began raising wampum for the “We Build the Wall” foundation, which–as the name suggests–planned to build a wall. Sadly, and despite their good intentions, the team behind We Build the Wall committed fraud and stole all the money.
Meanwhile, the Brewster family began the immigration process by filing for asylum using form I-589. They mailed their application to the TSC–the Tecumsah Service Center. Sadly, like many Shawnee people, Tecumsah was a stickler, and returned the application to the Brewsters for failing to write “N/A” in response to questions that did not apply (such as “phone number”). The Brewsters diligently corrected the form, only to have it sent back again. This time, because they were using an outdated version of the form, which expired on 10/18/1621. They should have used the more current, but otherwise exactly the same version, dated 04/29/1622. Happily, the third time was a charm, or perhaps Tecumsah was napping and let it slip, and the application was accepted.
In those days (pre-Trump), an asylum applicant could file for an Employment Authorization Document 150 days after the form I-589 was received, and that is exactly what the Brewster family did. Less then two months later, they received their EADs. To their fellow colonists, this seemed unusually quick, and so the family was promptly accused of witchcraft and the use of “maleficent magic.” Happily, the family was saved when their accusers realized that Wrestling Brewster’s EAD misspelled his name (as “Wrasslin”), thus rendering the document invalid. Though they avoided the gallows, the faulty EAD made Wrestling ineligible to work, and he lost out on a valuable internship opportunity at the local saddlery.
In the early 1620s, the backlog was still in its infancy. According to data from TRAC Immigration, there were 7 cases pending in 1625 (we could not find data for earlier years). So after a mere 18 months, the big day arrived and the Brewsters appeared for their asylum interview.
Things got off to a rocky start when the officer grilled William about how he prepared his application. Was he even fluent in Olde English? It went downhill from there, as the officer honed in on the Brewsters’ failure to file for asylum within one year of dropping anchor. Fortunately, the family was able to demonstrate “extraordinary circumstances” based on various privations, including an almost total lack of victuals during their first months in the New World. The remainder of the interview was a breeze, given William Brewster’s long history of annoying King James by publishing one interminable religious pamphlet after another. The interview ended with the “bar” questions (“Are you a criminal or a terrorist?” “Do you plan to steal all our land?” “Do you intend to use us for sports mascots, TV sidekicks or to sell margarine?” etc.). These nearly tripped up Mary Brewster, who in true Puritan fashion denied that she was worthy of salvation on Earth and said she would claim her reward in Heaven. After a few sharp kicks under the table from William, Mary “corrected” her response to indicate that no, she did not in fact own any smallpox-infused blankets, and this seemed to satisfy the Asylum Officer.
After the interview, the family waited for their decision. And waited. And waited. William Brewster began losing his hair from the stress. Patience Brewster changed her name to Where-The-Hell-Is-My-Decision Brewster. Finally, after many months, the Wells Fargo wagon was seen coming down the street, bringing something very, very special–an asylum approval!
And so our tale of the First Thanksgiving comes to an end. While we can celebrate the happy result for the Brewster family, there is a less than satisfactory denouement to our story. On the one-year anniversary of their asylum grant, in 1631 Anno Domini, the Brewsters submitted their Green Card applications to the Tecumseh Service Center. But as of this writing, the TSC has yet to issue the cards and the applications remaining pending, apparently still within the normal processing time….
C’est la vie, and Happy Thanksgiving!
Hi Jason, I am in removal proceedings and my court hearing is in 2 years. I have family emergency and want to fly without having the voluntary departure approved at the court. Will I be arrested if at the TSA checkpoint if that happens? Or will people at TSA checkpoint stop me from departing? Please advise
You should be able to leave with no problem, but you will most likely not be able to return, as the departure will be considered a deportation. You might have your lawyer (or yourself) file an emergency motion for Voluntary Departure. If this is approved, it will at least avoid you having a removal order and may make it easier for you to return to the US some day. If you do not have a lawyer, you can try to call DHS (the prosecutor) and tell them what you want to do. Maybe they would be willing to file the motion. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. Take care, Jason
Hello Jason, I applied for asylum in in 05/29/2020 biometrics in July 2021. Since then my status says that next step is an interview. According to your experience how long does it take to schedule an interview? I also applied for EAD 42 days ago in Texas Center. Asylum office in Bethpage, NY Does this going to take a long time?
Thank you in advance for your response
There is no way to predict that. They give priority to new cases over old cases (under the LIFO system – last in, first out) and your case is not new. For this reason, I would not expect an interview any time soon. At least some office ha resumed interviewing people in the same room as the officers. This will increase capacity and so may start to speed things up. Even so, it could be a while. You can try to expedite your case – I wrote about that on March 30, 2017. Some offices are good about that, and so maybe it is worth a try. Take care, Jason
Hi Jason,
I hope you’re doing well, and thank you for all the efforts you put into helping and informing people.
I need your help and advice in regards to our immigration situation.
My husband and I filed for asylum in November 2014, and we are still waiting for our interview. We couldn’t see our parents and families since then because of their tourist visa rejection, travel ban, and COVID.
We are desperate and exhausted from being in a state of the unknown.
I just wanted to know that do you have any suggestions for us to speed up our process?! Our lawyer told us it’s better to wait than to do anything because we are asylum, and it’s not good for our process to ask the congressman or sue the government. But we are in a challenging situation, and our immigration situation affects our mental health and life.
We’d highly appreciate any help you can provide in this matter and guide us on our options.
Hi,
I am not Jason but my first advice to you would be to fire the attorney who is giving you bad advice. I am also waiting for interview since Jan-2016.
Any attorney who tells you not to expedite is obviously not doing a good job.
I am not sure I agree with that, but you are right that there is no down side to trying to expedite – either they do expedite or there is no effect. The “downside” from the lawyer’s point of view is that it take a lot of work to complete the case and make the expedite request. Also, now seems to be a bad time to try to expedite at most offices, since we are seeing all our requests denied – or more commonly, completely ignored. Maybe if Covid restrictions ease up, it will be a better time to expedite. That said, you can always try to expedite now, and if that does not work, try again later. Take care, Jason
Jason,
I have dealt with or should I say talked to at least 6/7 ASYLUM attorneys. If any attorney who thinks that 7/8 years is not long enough for his clients to expedite their interview then GOD help his clients.
I am very sad to say this but most of the people on this forum already know this that majority of the Asylum attorneys in USA ask you to pay the full fees upfront and then ignore you for the next 5/6 years without ever working on strengthening either your ASYLUM case or giving you the correct advice.
In my case I did all the work myself, gathered all the evidence like (Court records/police reports from home country, witness affidavits, DHS reports and all other evidence), wrote all the statements.
I also fired my attorney and told her to refund my fees of 4500$. I did not care about money though and she refunded half of it back to me. Even though she never did anything in my case but she kept half of the fees, I did not argue with her since I did not care about money.
I did all the work in my case even filed for my own EAD 4 times in last 6 years. The only thing she did was to attach the attorney form to the asylum application and mail it to uscis.
I think it is wise to fire a lawyer who is not helping you. Sometimes, my clients think I have “done nothing” even though we actually did a lot of work (which I email them). To them, since they did not get a decision or interview, I did not do anything. But lawyers are generally paid for their efforts, not for the results, and so as long as the lawyer is making an effort to help, they earn their fees. In your case, it seems that did not happen, and so you are probably better off with a different lawyer or doing the case yourself. Take care, Jason
I think asylum attorneys are a mixed bad – some are excellent; some are crooks, and some are in-between. When I first started, they tended to be worse than they are now. To me, the primary barrier to trying to expedite is that the case must be complete. It is not easy to get this work done given all our obligations. But once it is done, making an expedite request only takes a few minutes (longer for some offices, that have extra hoops to jump through). I do think a lawyer may not want to try to expedite where they think it will not work. That is reasonable, but my issue with it is that there are really no rules about expediting. So you can try even with a weak reason and no evidence. It is less likely to work, but you never know. Take care, Jason
Thanks Jason.
I did a post about the negative effects of long waits (on January 9, 2018), and so there is no doubt that people are suffering a lot due to these waits. There are limited things to do – ask to expedite (I wrote about that on March 30, 2017) and/or ask for a Congress person to help you expedite, and if those fail, file a mandamus lawsuit (we wrote about this in the context of getting a decision on October 2, 2018, though the idea is the same). Make sure your case is complete and ready to go before you try to expedite, just in case it works (in most cases, it does not work). Take care, Jason
Thank you so much for your quick reply.
Hey Jason,
After receiving the IJ’s order of a granted asylum,do we need to make an appointment with the social security office to get a social that is unrestricted or we have to go to the uscis first,which one comes first?
Thank you for all what you do.
First, you have to Google “post order instructions in immigration court” and follow those (meaning, you need to call USCIS at 800-375-5283 and try to get an Info Pass appointment). That should get you a new EAD based on asylum granted (category a-5). Once you have that, you can go to the SS office. Maybe you can get the unrestricted card before you have the new EAD, but I am not sure about that. Take care, Jason
Hi everyone,
I have an appointment this morning for emergency advance parole, is there anyone who got an emergency advance parole as an asylum seeker? What kind of questions do they ask?
Thank you so much
They would likely ask questions that are on the I-131 forms – if this is based on asylum pending, they may ask whether you plan to return to your country. If you do, you should be able to explain way and how you will remain safe, but it would be better if you only plan to visit third countries. Also, if you already paid for this, make sure to bring your receipt and biometric notice if you have those. I would also bring 2 passport photos, just in case. Good luck, Jason
I did not pay, I saw that you can’t pay with money order at a local office, I hope they will let me pay with visa card at their office
Good luck mimi,
Please update know how it goes.
I got the emergency travel document, took them 2 days, apparently it was the first time to process such a case.
Thank you Jason and anyone who helped in any way.
You might want to bring a bank check or money order, if it is not too late. I am not sure that all office accept credit cards. Take care, Jason
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.
You can also become a member for free.
https://asylumadvocacy.org/membership-application
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
I’m waiting for my asylum decision, completed on November 8th, I called and they said your decision is being made, our supervisor is reviewing it, how long you think it should take?
It is completely unpredictable. In rare cases, we get a decision in a few weeks, but in most cases, our clients are waiting many months. This may reflect who my clients are, as a majority are from Muslim countries, and those tend to take longer (presumably due to security background checks). Take care, Jason
Alright dear Jason, and I would like to know is there any way you can expedite your decision or make them to work on your decision? I have waited 6 years for the interview and almost 4 weeks now, I want to have the decision wether it’s granted or not, just to get out of this scary USCIS immigration system of waiting for eternity.
I would give them some time, but after making some inquiries and not getting a response, the way to force a decision is a mandamus lawsuit. I did a post on June 2, 2021 where I discuss delayed decisions and what you can do. Take care, Jason
Suli in which asylum you had your interview?
It was in Newyork bethpage asylum office!
My friend has interviewed on Dec 7, 2020 and got a response in August 2021.
Good Luck
Hello Jasaon,
What is a reasonable time after asylum interview when you can inquire about your pending decision?
I generally will not inquire until 90 days have passed, as interviews and decisions are both very slow, and inquiries do very little to help. However, you can inquire any time you want – I send an email. You can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason,
Thanks for your help answering our questions. It is a great help. 2 questions,
i just applied for asylum on october 10th. and i was told that i was not gonna get an interview anytime soon but i just received a notice saying i have an interview scheduled on Dec 15th. Is it normal that i got an interview so fast.because i have some friends waiting for an interview for years. Secondly, It makes me believe that there are some many people are applying for asylum due to immigration crises all over the world so i am hoping this wont make them decide quickly without reviewing the case throughly. Should i be concerned about it being my interview so fast because i am afraid they would just reject my case quickly.
1 – Some people do get a fast interview. People from Afghanistan are receiving priority, but some others are chosen at random (apparently, a computer randomly picks new cases, and so it does not matter about your country, your case, or whether you have a lawyer). In most offices, there are few people being chosen, but in some offices, you are more likely to get a fast interview. In short, this is not all that common, but it is “normal” in the sense that some random set of people do get fast interviews. 2 – I think that has no effect on the outcome of your case or the speed of the decision. Just make sure all evidence is submit – in most offices that must be submitted at least one week prior to the interview. Good luck, Jason
Hello Jason,
Quick the question, I’ll be staying at a temporary place (hotel) for the next three months. I have opened a PO BOX to receive my mails the time I’m here. The question is next week, I’ll send my c8 ead application, putting my PO box as a mailing address means I have changed my address? Should I keep my home address as my physical address? Or should I keep my home address as my mailing address? Because I’ll be back there end of February.
@TERRANOVA from my recent experience, it took USCIS 6 months to change my mailing address. You could use Usps temporary change of address service.
@SW I am keeping my physical address but I just change my mailing address. Is it considered as change of address?
@TERRANOVA All I’m saying is that there’s a huge backlog in USCIS. It takes time for them to update anything (in case you want to change your mailing address from p/o box back to you actual address. I don’t know if your p/o box is in the same city, and if you have access to it after moving out of a hotel). I updated both my addresses (mailing and physical), but they changed only mailing *facepalm*.
I think in this case, you are not required to change your address with USCIS. However, if you are unable to receive mail for three months, you may want to update your address – you could get an interview notice or other mailing from them and you do not want to miss anything. Take care, Jason
You will probably get the receipt and biometric notice (if any) prior to February, so you need a reliable address. You can use the PO Box as your mailing address and I guess the home address as your physical address since it sounds like you will be returning there. Maybe check with the other residents that they will keep an eye out for any mail you might receive, in case it goes to that address. Also, you can get “informed delivery” from the post office and see what mail is coming to your PO box or your home (assuming that service is available in your area). Take care, Jason
Someone stole my “still waiting” nickname. I don’t know what are his/her intentions. Is it really so hard to come up with something new? So be aware, it’s not me. I wish our usernames here were protected with passwords..
It’s probably the guy who is known as the “ASYLUM SEEKER”.
You can clearly see below he is trying to use other usernames but he begins his question in a similar manner as before by saying “MAY I”
It is not, as it is a different IP address. The name is common and it was probably a coincidence. Unfortunately, the blog mechanism does not allow password protected names for commenters. Take care, Jason
Haha 🙂
Thanks Jason.
But I think everybody/almost everybody knows how to use a VPN plugin these days.
For example: This comment will show you an IP somewhere in Singapore
And this comment will show you an IP somewhere in netherlands so I don’t think an IP address is a good indicator of whether it’s the same person or not.
I guess that is right. Anyway, there is only so much to be done, and as long as things are ok, I am not going to worry too much about it. Take care, Jason
Hello Jason. I am going to file EAD renewal application next week. It looks this time I can file online as well as by mail. Do you have any idea which one may speed up the time required for USCIS to process my applicatiin?
We are still filing by mail, and as far as I know, only certain categories of EAD are eligible to file online (basically OPT and TPS). These do not include asylum pending or asylees. You can double check, as my tech abilities are weak, but I think you cannot file online for category c-8. Take care, Jason
Happy Belated Thanksgiving, everyone,
I have a question about EAD renewals. I received my receipt i-797c, receipt number starts with IOE (which according to some forums means that it’s an online filled case not paper filled), but office listed on the receipt is Nebraska.Has anyone received receipt starting with IOE? Some forums say that case may be transferred from 1 office ot another, which worries me because it maybe lost in backlog, I have never seen IOE before so I’m confused. Any advise is greatly appreciated.
My EAD renewal application also starts with IOE but the EAD is being processed at Potomac service centre. I don’t think it means anything……..
You can send a message to uscis from your online uscis account inquiring about the status of your EAD renewal. They usually reply back within a week. I sent them message twice and they told me my case is still within the posted processing time frame for Potomac Service center.
I will start calling them on phone once my EAD extension has 3 months left which is end of december.
Hi, Alina,
Thank you for your reply. Could you please advise on how you sent message from USCIS website? I’ll try to ask USCIS about my case too.
Create an online USCIS account at https://myaccount.uscis.gov/ and once you have created the account, Go to inbox and send a new message.
I applied for EAD renewal on MAR-31 2021 and my EAD extension expires END of march 2022.
This is the reply uscis sent me:
Thank you for your inquiry dated November 04, 2021.
Regarding the status of your Form I-765, Application for Employment Authorization.
Our system shows that your Form I-765 application, which was filed approximately March 31, 2021, is pending and is within our current processing time. To determine current processing time within USCIS:
Visit https://egov.uscis.gov/processing-times/
Select I-765, Application for Employment Authorization, from the Form dropdown
Select Potomac Service Center from the Service Center dropdown
Click “Get Processing Time” link
If your receipt date is before the Case Inquiry Date, you can submit an “outside normal processing time” service request online.
If you need more assistance with your USCIS online filing system account, please submit another inquiry to the USCIS Contact Center at https://my.uscis.gov/account/v1/needhelp or log into your online account for specific case inquiries and contact us at https://my.uscis.gov/account/v1/inbox.
Sorry for the delay in posting this – when there are many links, the system requires that I approve a post and I was in court today and not able to check until now. Take care, Jason
Create an online account uscis account. There is an option to send a new message to uscis from within your online uscis account.
https://myaccount.uscis.gov/
Thank you Jason
That is normal. Mine starts with IOE as well.
Hello Jason, a few months ago I inquired about USCIS telling my congressman that I need another interview after 2 years of my first interview. Well I applied to expedite and traveled to another state to complete this interview In September but of course no decision yet. I want to inquire about acquiring AP when my case is still pending a decision. I want to travel to 3rd country to visit with my son for medical reasons my only worry is acquiring AP, then my decision comes up when I have been referred to court. What are the risks of applying for AP with a pending decision.
Thank you
I wrote about AP on September 11, 2017. I think the risks are small, but I guess if you get a negative decision while you are outside the US, you may be considered to have deported yourself. I am not sure whether the situation would be interpreted that way, and as long as you return to the US while AP is valid, you should get back in. I suppose it is possible that you could be detained when you arrive, but that seems pretty unlikely. If you go, just be prepared – make sure you have evidence about the reason for your trip (your son’s medical records) and where you went (plane tickets, passport stamps). Also, be prepared to explain about the trip when you re-enter. I do think it is unlikely you would have a problem, but I guess that it is possible and so it is best to be prepared. Take care, Jason
I have not really paid close attention to that in our cases, and so I do not know about IOE as a receipt number, but it is fairly common to have cases transferred between offices – as far as I know, we never had USCIS completely lose an EAD renewal, at least not so far. Take care, Jason
Hi Jason
My C08 EAD is expiring the first week of Jan 2022. I was approved asylum by EOIR last week of October 2021.
I have requested an appointment with USCIS for an I-94 but even to schedule an appointment, I am told I will get a call back in the next 30 days. In order to get unrestricted social security, my appointment is on Dec 3rd week. So, does a grant from EOIR automatically mean I am eligible to work and I can provide Judge decision as proof for employment authorization, or do I need A5 EAD to continue my employment?
Also, is A5 EAD processed faster, or is it slowed like other EADs and takes 7+ months?
Hi asylee21
If you don’t mind can you pls tell me which state and city your case was approved?
Thanks
If you have asylum, you are legally eligible to work. I do not think the judge’s order alone is enough – I think you need the I-94, which you should get at the Infopass appointment. The first a-5 EAD is usually pretty fast – from the asylum office, it usually only takes a few weeks, but I do not remember how long it takes when you get asylum in court. I do think it is a lot faster than renewals. In terms of eligibility to work as an asylee, maybe this website will help: 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
Hi Jason ,
Belated Happy Thanksgiving. After trying to expedite the pending asylum interview multiple times they scheduled my interview but I have not received the letter I am waiting for that. do you happen to know, how long should I wait before being called for the interview?
Best
Jhampa
If they have agreed to interview you but not yet given you a date, sometimes, it takes several months, and sometimes, they forget about you and you have to send an email reminding them. If there is nothing 60 days after they approved the expedite request, you can email them and (politely) ask when the interview will be scheduled. Take care, Jason
Congrats Jhampa,
May I ask how long have you been pending for ? and what did you do to expedite ?
Thanks ,my application is pending Since 2015.
Okay, thanks. Good luck
Hello Jason
One relative probably 80+ has a green card but cannot give exam for passport due to medical reasons
Her country passport has expired and cannot renew it due to some reasons(not asylum)
How she can travel to any other country?is there any way?
There are ways for an older person who has a GC for a long time to get US citizenship without having to take the test. There are also rules for avoiding the test for people with disabilities. Maybe talk to a lawyer. Otherwise, if the person is a refugee, maybe he can use a refugee travel document (form I-131). He can also try a Re-entry permit (also form I-131), but that is not normally accepted in lieu of a passport – maybe some countries will accept that, but I do not know. Take care, Jason
Happy Belated Thanksgiving Jason & community!!!
Jason, I laughed with tears – thank you for that! If you ever get fed up with practicing immigration law in all this bureaucratic entanglement, I think you have a great chance at becoming a successful stand-up comedian. Jokes based on a harsh reality are the best ones. “Patience, Fear, Love and Wrestling” are exactly the phases of my long and painful almost 10 years journey here in US. I am in the “wrestling” phase I believe.
Thankful for you and people alike that genuinely care about Asylum Seekers & Asylees as a whole. A community like this one is what often gave me and my family hope to move forward for years, and it still does 🙂
Thanks again & Best Regards,
Pika
Thank you – your comment was funny – I guess it was prescient that some of the first migrants to the new world had those names. Too bad they were not named “Hurry-Up, Efficient, and Competent.” Maybe we would have a better system today…
🤣
Hi Jason,
I have applied for my EAD on September based on C08 pending for 6 and half years. I heard there a delays almost 10 months to get the card renewed. Do I need to do anything to expedite my case and how? I can’t afford to lose my job which the only source of income. Please advise
Thanks
I sent my renewal I-765 on January 2021 and my extension is going to be expired end of December still waiting for my card.
That is very distressing – maybe you can call USCIS and get them to respond, especially if you are about to lose your job, health care, etc. It is not easy to reach them, but you can try: 800-375-5283. Good luck, Jason
ASAP has already filed a lawsuit against USCIS for causing delays in EAD renewals. Not sure if this will do any good.
ASAP members: This is an update about the Tony N. lawsuit. The government said they needed to wait until January to move this case forward. ASAP told the judge we disagreed with the government because we know it is important for you all to resolve this case quickly. The judge agreed with ASAP and we will keep fighting for the government to move faster. We will continue to send you updates about the lawsuit, and you can visit this page to read more: asapmbr.us/tony-n
https://urbanjustice.us14.list-manage.com/track/click?u=5f6653752c18334a87e27f074&id=e4146cc88c&e=8ffcdf4b32
Thank you for the update and your efforts. This is very important for many people. Take care, Jason
If you filed before your current EAD expires, you get an automatic 180-day extension of the old card, and hopefully that will give you enough time to get the new card with no gaps. I did a post about expediting in January 2020, but I doubt USCIS will agree to that if there is still time on the old card (including the extra 180 days). Take care, Jason
@Asylum you can try to expedite, but they don’t do it right now and congresspeople/ombudsman don’t help if your application is within processing time of your service center. Try to save money as much as you can and pay your bills in advance. Ask your employer to write a letter that it would be a huge financial loss for the company if you don’t get your new EAD on time. Uscis doesn’t care about personal financial losses.
Hello Jason I wanted to ask you , how is your experience with utilizing the USCIS address change form online for clients with pending GC applications ? Is this reliable to file online while GC application is pending ? I keep on hearing that they never really update anything ; therefore , that is why they lose files or send to original address . What is the best approach to ensure with them that they update the new address to avoid denials or delays ? Thanks
I have changed 3 addresses in the past 5 years and USCIS has been very prompt with the change of address.
All you need to do is go to their website to update the information.
They will be sending a confirmation email and mail to your new address.
The most important thing is that USCIS website is update.
on you old address keep forward mail that last a year
Hope this helps
Thank you !
Not Jason, I did address change twice (both times online) in the last 4 years! It works perfect!! Don’t hesitate, go for it!
My experience is mixed – usually it works, but we had a case a few months ago where we changed the address, had the online confirmation, and a few months later, USCIS sent the GC to the old address. Luckily, in that case, the client went to the old address and was able to get the card, but obviously that will often not happen. I am not sure what more can be done – I guess you can try to call (800-375-5283), but it is difficult to reach a person. I do think, if possible, it is best to use a mailing address that will not change for a few years when filing for the GC – maybe a PO Box. If it is an address you do not check often (like a PO Box), use “informed delivery” from USPS which will send you an email and a photo of any letters you are receiving (assuming it is available where you live): https://informeddelivery.usps.com/. Take care, Jason
@LUCIE
from my experience, USCIS used to update the addresses promptly before pandemic. Now they have a huge backlog and staff shortage. It took them 6 months to update my address when my application was pending. But I also submitted expedite request with a bunch of supporting documents with my new address. so maybe that worked.
HI Jason
We are in an emergency situation.
My husband mum has stage 5 kidney failure she is going through dialysis at the moment.
We are waiting to find a donor, However her health is deteriorating.
We are worried, something might happen.
We are in the process of waiting for our interview right now.
Can he apply for an Advance parole and renew his passport to visit his mother during this time.
( this is the country we filed persecution of fear)
Right now the situation is so bad in that country but we still need him to go see her.
Is he going to have problems flying out and coming back in ?
We are in the process of filing Advance parole, at the same time I am so worried because this is a 3rd world country and he needs to renew his passport too.
What is the advice you can share with us.
Please if anyone is also going through similar situation and have flown with an advance parole can you please share your experience.
Thank you
Unfortunately, this is a very difficult situation. Maybe he can try to expedite the Advance Parole – I wrote about that in January 2020. Assuming he is the principal asylum applicant, if he goes back to the country, it will potentially have a negative effect on his asylum case. At a minimum, he will need to explain, with evidence, why he went back and how he stayed safe, I have seen examples where the person returned and had their case denied as a result. I have not seen a case where a person was refused re-entry to the US, as long as the AP document was valid. If he does this and is the principal, you may want to file your own asylum application as a way to protect yourself (assuming you are the dependent now). Talk to a lawyer to see whether that makes sense. If your husband is the dependent and you are the principal, the return trip should be less of a problem, but he and you should still be prepared to explain why he returned and provide evidence about that. He may also want to talk to a lawyer about specifics if he decides to go back. Of course, if he could see his mother in a third country, that would solve most of these problems. Take care, Jason
Thank you Jason for such a detailed reply.
Do you know by any chance how long does it take for me to become a principal applicant ? Once we have filed the documents. Also we filed our application through a paralegal in 2017.
Right now his not to be seen at his office or his place.
His phone number is dead too and I emailed him he does not reply.
Do you know where we can find a realiable lawyer.
Thank you
“Paralegals” who file cases often vanish, as the practice borders on being illegal (since it is not legal for a non-lawyer to give legal advice, and these people often do). First, I would get a copy of your complete file if you do not have one – there is a link under Resources called FOIA USCIS where you can do that. In terms of finding a new lawyer, I did a post on October 29, 2012 that might help. Also, I did a post on September 22, 2016 with some links that might help (for a free lawyer or a paid lawyer). In terms of the time frame, the process of a dependent becoming a principal has changed – check the I-589 instructions, but I think you will need to file the form I-589 at an office in Atlanta (previously, you had to file with the local office). The instructions should explain this. I have not done it yet under the new rules, and so I am not sure how well it worked, but under the old system, it was a mess and took a long time. Hopefully, the new system is better. Take care, Jason
Happy Thanksgiving to you all!!
HI Jason,
happy T day everybody.
I have a question. Does anybody have experience traveling to Mexico with RTD and a green card. ( I found inconsistent answers online). I also, couldn’t find ( if they need the RTD to be valid for 3 or 6 months)
Thanks,
Hopefully someone will respond. I cannot recall whether any of my clients have done that recently. Sometimes the embassy websites (for Mexico) have info about RTDs, but usually not. Also, you probably could go there with an RTD and your passport, though of course, it is better not to use your passport if you can avoid that. One thing I do not know is whether you can go to Mexico with an RTD and without a Mexican visa. Maybe someone else here knows. Take care, Jason
Thanks
Travels to Mexico with mine and no problems going or coming back.
Thanks for your response. did you need a visa ( or specific validity on the RTD 3 or 6 months)
Jimie, Mexico doesn’t need a visa if you are travelling with a U.S.-issued RTD. Doesn’t matter if you are an asylee or GC holder. If you don’t fear your government, and you are able to get a passport from your COP, you can apply for your country’s passport.
Happy Thanksgiving Jason and fellow asylum seekers!
I was so close to being choked by looooling during reading the article!!!
(such as “phone number”) 😀
Thank you, but please note that for now, I will be limited your comments here. Once things settle down, I will revisit that decision. Take care, Jason
Happy Thanksgiving Jason!
For security reasons I am going to change my name. Do you know if it is possible to change your name while your green card is being processed? Is there a form that I can send to USCIS? This way the card will bear my new name when it is issued.
Thank you!
I would not recommend that, but you can do it – the name change is something you do in a state court (call and talk to the court clerk). Once you change your name, you can inform USCIS. However, it is mush better to do that before you file for the GC, so you can submit the documents with your I-485 application. If you change your name in the middle of the application process, it will not be easy to get USCIS to make the change. Alternatively, you can change your name after you have the GC, but then you will have to apply for a new GC with the new name. If you want to wait until you are a citizen, you can do that on the naturalization form (N-400), but that won’t be for a while. Take care, Jason
Thank you!
May I ask a question:
Can I apply for DV lottery visa while awaiting for asylum adjudication ?
You can apply for it, but if you win, you may or may not be able to take advantage of it and get the GC. I wrote about this on October 5, 2015. Take care, Jason
Sounds good 🙂
Wanted to wish everyone a Happy Thanksgiving! To everyone still processing their cases, I hope the coming months will see you overcome your trials and burdens. For me, its been a whirlwind of success. Since receiving my GC, I finally started working in my dream job as an IT professional and I’m now starting on the journey to home ownership. For those still waiting to have their i485 processed, please don’t give up. I was on that side of the fence too and the reality is, if you have been granted asylum, the other side is not that different. My goal was to hopefully attempt visit my COP, but I looked into the process and potential pitfalls then realized its not worth it. So, thats a something I will just put off until citizenship is available to me. The past year has been extremely challenging in many ways. The pandemic is still not over and I don’t see it going anywhere, anytime soon. Lets continue to use this resource and community that Jason has provided for years as a place to be kind, respectful and compassionate.
Thank you and Happy Happy Thanksgiving, Jason
Funny, but true.
Happy Thanksgiving.
Happy Thanksgiving everyone 🙂
Happy Thanksgiving to you too.
I hope you both have a good holiday. Take care, Jason
🙂
Happy Thanksgiving to Mr./Ms. “Asylum Seeker” and everybody here🤠
Hi Jason
Happy Thanksgiving. Can’t thank you enough for all your great work.
I have a C08 EAD which is expiring Jan 2022. I was granted asylum by immigration court 3 weeks back.
So, when I apply for A5 category,
1. Is there a fee?
2. Do I select ‘Initial permission to accept employment or will it be ‘Renewal of my permission to accept employment?
1 – There is no fee for the first EAD based on a-5. 2 – This is not a renewal, as it is a new category, and so I think it is an initial request. Note that if you got asylum from court, you need to Google “post order instructions in immigration court” and follow those to get your I-94 and work permit. Take care, Jason
Hey Jason,
Thanks for everything.when one visited an automated case information and find that the immigration judge granted an application on a specific date and down there you find something else like an appeal is due by this date…what does that mean?thanks
If your case was granted, DHS (the prosecutor) has 30 days to appeal. If they do not appeal (and usually, they do not), the decision is final and you have whatever the judge granted you. You then need to Google “post order instructions in immigration court” and follow those to get your I-94 or work permit or green card (depending what the judge decided). Take care, Jason
Hello Jason,
As an asylee, I have applied for RTD due to a family emergency. I have received the I-797C stating that “In order to speed up processing, we transferred your case to the following USCIS office for processing….”.
Does that mean the current office, where my application has been transferred to, is going to help me to with issuing my RTD in a suitable time?
Hopefully, but you never know, as wait times are unpredictable. You can try to call USCIS at 800-375-5283. If you can reach a person, you can tell them about the emergency and see whether they ca help expedite the RTD. Take care, Jason
I laughed out loud! Your Tale is brilliant!
Thank you – Happy Thanksgiving, Jason
Hi–
I have a question. I was granted asylum back in March. Should I wait exactly one year to apply for my GC or can I apply three months before the one-year requirement fulfills?
Thank you
You have to wait one full year, and you have to have 365+ days of physical presence in the US. So if you left the US for 10 days, you have to wait an extra 10 days before filing for the GC. If you send the application early, it could be rejected or denied. Take care, Jason
Wow I have to so say this is simply my favorite post ever of yours ! I just love this dark humor and it could not more accurate! To cry about the state of it all or to laugh , best to laugh ! Bravo…
Thank you and Happy T-Day, Jason