No One Should Have to Wait Years for the U.S. to Consider Their Asylum Claim

This article is by Andrea Barron, the advocacy program manager at the Torture Abolition and Survivors Support Coalition International, based in Washington, DC. The article was originally published in the Washington Post.

Genet Lire Dobamo was a 17-year-old elite sprinter with the Ethiopian national team when she defected at Dulles International Airport in 2014, terrified of returning to her native Ethiopia. She held Ethiopia’s national title for the 400-meter race and had an excellent chance of representing her country in the 2016 Olympics. But Dobamo had been severely beaten by police for opposing Ethiopia’s one-party dictatorship and was frightened of being tortured again or even killed if she returned home.

She applied for asylum in March 2015 and was featured in a Washington Post story on elite Ethiopian runners seeking asylum in the United States. The Post reporter said the asylum process can take “months, sometimes more than a year.” Six years later, Dobamo has still not been interviewed by an asylum officer at the U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security.

Andrea Barron (seated, left) lobbying Congress a/k/a the unstoppable force meets the immovable object–and moves it!

Mohamed Abdelsatar was an accountant in Egypt and a human rights activist when he was kidnapped by Egypt’s national security police in 2015 and imprisoned for almost a year. His “crime”: criticizing the military regime on social media. Abdelsatar was blindfolded, handcuffed and tortured with an electric shock device and prevented from speaking to his family or a lawyer.

Abdelsatar traveled to the United States in 2017 and applied for asylum. He has been waiting more than four years for an interview with USCIS. He has nightmares about being sent back to Egypt. Regime supporters still threaten him on social media. He is angry that Egyptians who applied for asylum in 2021 have already been interviewed. “It’s so unfair,” he says. “People like me who applied in 2017, we should be interviewed before those who applied after us.”

Lewis Kunze is a gay man and family therapist from Zimbabwe who was persecuted because of his sexual orientation and his leadership in the only organization in Zimbabwe that serves the LGBT community. He suffers from a major depressive disorder because of the abuse he experienced in Zimbabwe, made worse by waiting more than six years for his asylum interview. Kunze wonders: “What will come first, my asylum interview or my death certificate?”

Like many torture survivors, Dobamo, Abdelsatar and Kunze are caught in the affirmative asylum backlog, with more than 400,000 pending cases. Affirmative asylum seekers enter the United States legally with visas, then apply for asylum based on what the Immigration and Nationality Act describes as a “well-founded fear of persecution” on account of race, religion, nationality, political opinion or membership in a “particular social group,” such as the LGBT community.

Most of the survivors I work with were tortured by repressive governments because they condemned their governments for corruption, human rights abuses or sham elections, or because of their sexual orientation. After filing for asylum, they expected to be interviewed in one or two years at the most. Instead, they have been waiting four, five or even six years with no end in sight.

Already traumatized by torture and persecution at home, these asylum applicants must endure long separation from their families and prolonged uncertainty about their status. The wait can be unbearable. What makes their plight even worse is that USCIS has been interviewing people who applied in 2020 and 2021 before those who applied in 2015, 2016 or 2017. These earlier applicants are simply asking for a chance to present their cases.

President Biden promised a “fair, orderly and humane immigration system.” But Homeland Security Secretary Alejandro Mayorkas has continued the same unfair, inefficient and inhumane system of prioritizing interviews as the Trump administration. Torture survivors are sent to the back of the line in the interview queue; USCIS considers them “low priority.”

Until recently, it seemed as if Congress and the Biden administration had forgotten about torture survivors and other affirmative asylum applicants. But then, on Sept. 9, 40 House members recognized their plight in a letter to Mayorkas and USCIS Director Ur M. Jaddou.

Their letter urges USCIS to address the affirmative asylum backlog by assigning a portion of asylum officers to interview asylum applicants who have been waiting five or more years for their interviews. This practical solution would not require any legislation or cost additional funds. Unfortunately, two months have passed and Mayorkas still has not responded to the 40 representatives.

Biden faces enormous challenges on the southern border, and it is understandable that many asylum officers have been assigned to interview migrants there. But his administration should not forget about the claims of torture survivors who fled persecution and believed in America, just like the son of refugees who now leads the department in charge of their fate.

*   *   *   *   *

In response to this article, Annie Couture Newton and I each had letters in the Washington Post. First, Annie’s letter–

As a psychotherapist working in a torture treatment center [who has] worked alongside torture survivors for years, I can attest to the distress they feel when waiting years for their asylum cases to be heard. Recovery from torture comes mostly after the individual feels secure and safe. Asylum seekers are unable to feel safe until they are granted asylum. Forcing them to linger in asylum purgatory can be retraumatizing. The results are a feeling of helplessness, irritability, anxiety, depression and, in many cases, thoughts of suicide. Forced separation from their families for years has been described as the greatest source of distress for affirmative asylum seekers. It has dire mental health consequences and may impede their integration into U.S. society. I hope, as the piece articulated so well, that the Biden administration will hear their plea and rightfully put these asylum seekers at the front of the line.

And my letter–

As an asylum lawyer in D.C., I have seen hundreds of clients in the same situation as the ones Ms. Barron writes about. My clients entered the United States legally but have been waiting four to six years for their interview with an asylum officer. More than 100 of them are Afghans who worked for the U.S. government, for the previous Afghan government or for nongovernmental organizations that promoted women’s rights and democracy. They had to flee from Afghanistan after they were threatened or physically attacked by the Taliban. Mr. Mayorkas and the Department of Homeland Security have rescued and resettled many Afghans who fled their country during the Taliban takeover, but they have largely failed to issue decisions for those Afghans who applied for asylum years ago, and who are still waiting, often separated from their immediate family members. Mr. Mayorkas and USCIS need to make completing their cases a priority.

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131 comments

  1. Hi Jason Dzubow,

    Thanks for all the hard works and continuous support you offer, I been following through all your valuable articles since I came to the USA in 2017, so I unfortunately got arrested with domestic violence last month, my charges was 273.5 but got reduced as the court offered me plea deal PC 243(e)(1) with probation period up to 3 years (I still didnt accept the offer, as I didn’t do anything wrong, it was falsely accuse), so I need to know if this going to affect my asylum application (I have pending asylum application since 2017), also does the probation period will stop the USCIS from giving me any decision until the probation period ends or get terminated.

    Please advise and thank you

    Reply
    • It is very likely to affect your eligibility for asylum. Under the Immigration and Nationality Act (the immigration law), any crime that relates to domestic violence can have serious consequences. How exactly it will affect the case, and whether it will block you from asylum, I do not know – you have to look at the specific state statue and see how it fits into the federal immigration law. I strongly recommend you have an attorney do this analysis before you agree to a plea deal, as it certainly can affect your case. It can also affect eligibility to renew your work permit, so the lawyer might want to look at that as well. In terms of whether you can received a decision during the period of probation, I think you probably can under the law, but they may not be willing to issue a decision as a matter of discretion until the case is fully resolved. Take care, Jason

      Reply
      • Thank you very much.
        God bless you and your family 💓

        Reply
  2. Hi Jason,

    I am filling out the form ds-7556 for my refugee family who are not in the USA. I am stuck with this question L, D, U on the form ds-7656, may I know what does L.D.U stand for?

    DS-7656, AFFIDAVIT OF RELATIONSHIP (AOR) – RegInfo.gov

    SESCTION IIII: NFORMATION ABOUT ALL OF YOUR RELATIVE(S) NOT PREVIOUSLY PROVIDED IN SECTION II

    Part E

    Page 4 of 5

    BROTHERS AND SISTERS OLDEST TO YOUNGEST

    Last First Middle:
    Sex:
    Date of Birth (dd mmm yyyy):
    City/Country of Birth:
    Marital Status:
    Relationship to Anchor:
    Current or Last Known City/Country:
    L, D, U:

    Thank you very much for your time and help.

    Reply
    • I do not recall seeing that before – there is a link under Resources called I-730 Family Reunification Manual and that is pretty comprehensive. Maybe you can find the information there (though I do not know about that form and so I am thinking this may not be covered in that manual). I guess you can also try emailing the US consulate in the country where your family is located and see if they can help, but the explanation from the other commentor (living, deceased, unknown) makes sense. Take care, Jason

      Reply
  3. Hi Jason,

    Thanks a lot for your work and all your informative and inspiring articles. I have a quick question: Do you have an idea the current wait time for a marriage green card interview after application?

    I initially applied for asylum in 2016 and have been waiting for an interview, but I got married earlier this year and filed for a marriage green card in August. I am yet to hear from USCIS for an interview for my marriage green card application, and so I was wondering how long these take at the moment. They informed me they’d use my fingerprint on file, so I assume this might hasten my case for a marriage green card. Any thoughts on current wait times or feedback you might have would be greatly appreciated.

    Best,

    Reply
    • You can check processing times at http://www.uscis.gov, but my guess (based on our relatively recent completed cases) is that it is around 15 months, but it could be faster or slower. We also filed a case in August and that person has not yet received his EAD or his interview. Take care, Jason

      Reply
  4. Hi Jason. I am Asylee. I applied for my GC in August 2019 in TCS, got Fingure prints in Febuary 2020 and waiting since 27 Months anxiously. Today i saw onl;ne status change in My account as: Your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number SRC……….., was transferred to another USCIS office. That office now has jurisdiction over your case. What means by this? and how much i have to wait more?

    Reply
    • Wait times are very long and not predictable. Hopefully, the notice means that USCIS is working on your case, but it does not necessarily mean that a decision will come soon. I suppose you can make an inquiry with the USCIS Ombudsman – a link is under Resources. They sometimes help with delayed cases, but since your case is probably still within the “normal” processing time listed at http://www.uscis.gov, I doubt the Ombudsman will take action. If you have reason to expedite your GC application, maybe you could try that – I wrote about that in January 2020. Take care, Jason

      Reply
    • My case was transferred to NBC before 8 months and still nothing new. I do not know what is going on on such cases.

      Reply
  5. Hi Jason,
    I applied asylum in 2018 and still waiting for my interview
    Is filing a mandamus lawsuit a good idea as it’s near to 4 years that I am waiting for the interview.
    My Questions are
    1) will it effect my case negatively
    2) how much it cost to file a lawsuit lawyer fees and court fees
    3) how long it takes to get the interview date after filing a lawsuit

    Thanks in advance
    Regards

    Reply
    • Before you file a mandamus lawsuit, you basically must try other “normal” ways to try to expedite. I wrote about some of those on March 30, 2017. If you have tried that, you can try a mandamus, which does have a good chance of getting you an interview. As to your questions: (1) It should not, but there is no way to know that for certain. (2) It varies a lot by lawyer. I do not do such cases, but I have heard fees anywhere from $1500 or $2000 to $7000 or more. (3) Maybe a few months; it should not be longer than that. Talk to a lawyer who does such cases – we had one such lawyer write a post on my blog (on October 2, 2018) and I know he recently had success with scheduling an interview, and so maybe reach out to him (his contact info should be in that blog post). Take care, Jason

      Reply
  6. Keep in mind though, even if you are granted Asylum and you eventually become a permanent resident, that doesn’t lead to immediate family reunification. As a Greencard holder based on asylum, even though I would love to visit my elderly mother, I can’t since it would be in contradiction with my claim. Yes, there have been discussions here and elsewhere on the web about temporarily visiting your home country. But the i-131 for clearly states there are consequences. What this ultimately means even when you achieve full safety, the anxiety and depression doesn’t necessarily go away. It lingers and its a reminder of why you did this all in the first place. Applying for asylum is a huge undertaking mentally and financially. I hope this new year with all that has been going on for the past two years see’s some hope and peace across the world. To those still fighting for that dream, I remember being there, don’t give up, keep fighting.

    Reply
    • Enronn Sierra, this is not necessarily true. In fact, at this point, I believe you are probably unintentionally misadvising people.

      First of all, you should understand that each asylum case is unique. Cases are unique because of country conditions, who the persecutor is or was, how long the GC holder has been away from his COP, the reason for the travel, how frequently the former asylee visits the COP, whether you are able to get a passport/RTD and safely travel, among a whole host of other things. USCIS can’t simply take away your asylum, even if you are an asylee, simply because you returned to your COP. This is especially true if you do not fear your government, your trip was very brief, or if you traveled to the COP because of an extenuating circumstance.

      As for the LPR (Lawful Permanent Resident) returning to her/his COP, a GC holder (one who receives this status because of his/her former asylum status) cannot lose his/her GC or asylum status because s/he simply travels to his/her COP. Circuit Courts and the BIA made absolutely clear that once an asylee has adjusted his/her status to that of LPR, she is no longer an asylee as the asylum status would have been terminated by the adjustment of status. See Matter of N-A-I-, 27 I&N Dec. 72 (BIA 2017). The BIA relied on Mahmood v. Session, 849 F.3d 187 (4th Cir. 2017), where court interpreted adjustment of status under INA § 209(b) as a voluntarily surrender of asylum status. The Fourth Circuit interpreted adjustment under INA § 209(b) as “a change to and not an accretion of the second status.” The BIA also concluded that once asylees adjust status under INA § 209(b), they are now LPRs and are no longer protected under the INA § 208(c) restrictions from removal for asylees. The BIA ruling also made clear that an LPR can’t lose his/her LPR status because country conditions changed for the better- nor does the LPR bear the burden of continuing to meet the definition of a refugee to remain the U.S. In addition, in the analysis, the ruling made clear that former asylees- LPRs- are free to travel without first seeking permission- the permission being the RTD- from the Attorney General.

      The Fourth Circuit noted: “…an asylee who adjusts status under section 209(b) obtains significant benefits, including “a direct path to naturalized citizenship,” a better chance for his or her family to obtain lawful permanent residence, and “the right to travel outside of the United States without the advance permission of a refugee travel document.” Id. at 192. An asylee who adjusts to lawful permanent resident status also cannot have that status terminated on the grounds that he no longer has a well-founded fear of persecution. Id. However, an alien who prefers to retain the benefits and protections of asylee status, including the restrictions against removal under section 208(c) of the Act, is not obligated to file an application for adjustment of status.” Thus, aside from fraud in the original asylum claim, which frequent visits to a country you claimed you fear returning to can evince, and especially if you claimed that you are wanted by your government and there is no obvious change in country conditions, on what ground(s) would the U.S. government be terminating your asylum or LPR status? (BTW, asylum status terminated by an adjustment of status). So that means the former asylee would be concerned about the revocation of his/her LPR status/being placed in removal proceeding (possibly for fraud or willfully misrepresenting a material fact (which the government has the burden to prove))- not the revocation of his/her asylum status.

      That is not to say that the law can’t change tomorrow, next week, next year… It absolutely can. But, as it is, using the unambiguous wording of the rulings, the former asylees should be able to travel freely, if they are to or can.

      Reply
      • “…travel freely, if they are able to or can…”

        Reply
        • I agree with Jamie 100% once you adjust your status to LPR, you are no longer Asylee. Not sure about if the travel to COP can complicate anything for journey to citizenship.

          Reply
          • It could complicate things if the return journey causes USCIS suspects that the original asylum case was fake, so you need to be prepared to explain why you made the trip and how you stayed safe. Take care, Jason

      • Jamie,

        I agree with you and Thank you for explaining this really well.

        And to add to your reading: Any asylum claim approved by Judge cannot be easily cancelled by USCIS, they will have to re- refer to Immigration court to strip your status.

        Any asylum claim approved by USCIS; has capacity to deport/strip status without referring to immigration court.

        Reply
        • @Everlyn
          Just to not make people make fun of you! USCIS can’t take the asylee status away from you and deport you without referring you to immigration court first! Check the facts before you talk bla bla and if you uscis wanna deport you either you take it from court or the office they will have to refer you to the court first

          Reply
          • “Check the facts before you talk bla bla”,
            Polite way to say i was wrong be : “I disagree with you”.

        • I am not sure, but I think even if you get asylum from a court, USCIS has jurisdiction to open your approved asylum case. If USCIS determines that asylum should be terminated, they would have to refer the person to Immigration Court for a judge to decide whether the person should be deported (or whether there is some other way for the person to remain in the US). Take care, Jason

          Reply
          • Thank you for being humble.

      • Well the green card clearly states it was granted under category AS6 and i131 form clearly states, if you got asylum and your intention is to return to your COP that could potentially put your LPR and asylum status at risk. Why do you think I have not even pursued it any further?

        Reply
        • Enronn Sierra, there is absolutely nothing on the I-131 form that says that your LPR status could be revoked if you return to your COP as an asylee (stop conflating asylee status with LPR status). First of all, this doesn’t make any sense. Wouldn’t they terminate your asylum status BEFORE they adjust your status to LPR if you had travelled to your COP? Why would they adjust your status to LPR, knowing that you travelled to your COP when you were an asylee, and then turn around and terminate your asylum status or LPR status?

          While researching, I took the opportunity to read the entire form I-131 and the 17-page instruction document for the form I-131. There is nothing on the form I-131 that “clearly states”, like you put it, that you could potentially lose your LPR and asylum status for traveling to your COP. The instruction for the I-131 (found on page 4) says: “If you applied for asylum on or after April 1, 1997, your asylum status may be terminated if the U.S. Government determines (emphasis on “determines”) that you have voluntarily availed yourself of the protection of your country of nationality or, if stateless, country of last habitual residence. See section 208(c)(2)(D) of the Immigration and Nationality Act (INA), 8 USC 1158(c)(2)(D).” It, however, doesn’t mention anything about possibly losing your LPR status because you traveled to your COP. It specifically says “asylum status”. Thus, since an adjustment of status terminates an asylum status, pursuant to the law which supersedes any document/memo put out or used by USCIS, what asylum status would the government be seeking to terminate?

          Furthermore, common sense dictates that if you claim that you fear your government or fear being persecuted if you are forced to return to your COP, but you’ve decided to carelessly or needlessly return to your COP, as an asylee, you could be accused of fraud or voluntarily availing yourself of the protection of your government (this make absolute sense). The needless visit(s) to your COP, especially as an asylee, obviously wouldn’t comport with your claim(s) about being persecuted or the possibility of being persecuted. Even so, taking a short trip for emergencies as an asylee- and this also outlined in the USCIS manual and explained in case laws- does not necessarily indicate fraud or availing yourself of the protection of your government. In fact, the USCIS manual says that immigration officers should carefully consider the status of the person seeking admission to the U.S.- the fact that the person is a refugee and returning the person could be a tragedy- and the reason for the travel (if the travel was absolutely necessary).

          Again, as for LPRs travelling freely, unless the U.S. government can prove fraud in the asylum case- or prove anything else that would disqualify the LPR from being admitted into the U.S. as an LPR- the restrictions on travelling don’t apply to LPR (this is the law at this time). Even if the U.S. government can prove fraud in the asylum case, the legal way of taking away the LPR’s status would be to place the LPR in removal proceedings (not USCIS). This is so because the LPR’s asylum status would have been terminated because of the voluntary surrender of the asylum status when the asylee became an LPR. In addition, asylee LPRs can’t be accused of availing themselves of the protection of their government as section 208(c) of the Act ceases to apply to the LPR once s/he becomes an LPR.

          LPRs who get this status as a result of their asylum status should, however, be mindful of country conditions or whether or not they still fear their government. They should also make sure that the asylum statements/claims don’t widely contradict their actions/travels to the COP. Any immigrant in the U.S.- regardless of how the person immigrated to the U.S.- can be accused of fraud if something seems out of place to the U.S. government. For instance, an LPR freely and safely travelling to the COP that still has the oppressive government or the government, so claimed the former asylee, that wants to persecute him/her. The onus is on the LPR to exercise caution and proper judgment.

          Reply
          • This is well stated, especially the last paragraph. While the law is know-able, the way the law will be interpreted by a random CBP agent, USCIS officer or Immigration Judge is harder to predict, and so it is best to exercise caution and only go back to your country if there is a real emergency. I have had clients return under other circumstances, and no one has yet had any type of major problem. However, they did take a risk regarding their status here. But that is a risk they weighed and made a decision about the importance of the trip (and the risk of harm in the country) vs. the danger to their status. In my clients’ cases, they were lucky, but I imagine some people are not so lucky. Take care, Jason

          • Thanks, Jason

          • Well it looks like there has been some change in the wording since I last viewed the form. That was this past summer. I remember filling it out on my iPad and the threatening paragraph was in there. So, it likely was updated.

            I am going to attempt it though and see how it goes. Should be straightforward.

  7. Hello everyone, I hope you are all doing fine. I took a break from the blog, it looks clean and a safe place again. Wondering if someone applied for I-485 and received it recently? Can you share your timeline? Also, wondering where the heck is National Benefit Center? Because when I go to the Processing Time page using this link https://egov.uscis.gov/processing-times/ There is no NBC. Please help. Thank you. Ray.

    Reply
    • For whatever reason, they do not post processing times at the NBC. Probably it is pretty slow, as things remain slow across the board, but I have not had any decisions very recently and so do not have updated info. Take care, Jason

      Reply
      • Thanks for the update, Jason.

        Reply
  8. Dear Jason,

    i would appreciate your input regarding a concern i have!

    im Originally from Afghanistan, i do have green card based on asylum, but i have travelled to Afghanistan with my green card, but its been two years since i applied for my citizenship but i have received any update, other than they received my application and using my existing fingerprint in file, ( is two year wait for citizenship is normal now), dont you think, that this delay is due to my return to my homecountry with my green card, obviously i shouldn’t have travelled to my home country until i become a citizen but i did due to some family emergency! What do you think gonna happen next and worst case scenario? please as usual leave your input….do you think it will add up extra wait time to my citizenship.

    Reply
    • Of course I do not know for sure, but I doubt that your return trip is causing any delay in the N-400 case. I have had a number of clients who returned to Afghanistan for emergencies and that did not seem to cause any delay. That said, citizenship cases have been going relatively fast, and so the delay in your case is a bit unusual. Maybe contact the USCIS Ombudsman (a link is under Resources), as they sometimes help with delayed cases. In terms of how to deal with the return trip at your interview, you should be prepared to explain why you went and how you stayed safe, and provide evidence about that if asked – I did a post on January 6, 2016 that may be helpful on those points. Take care, Jason

      Reply
  9. https://trac.syr.edu/immigration/reports/668/

    The new statistics is out. The asylum grant rate is still deeply uneven. May I ask why ?

    Because, in my opinion, these countries’ country condition are similar. Why some continent is heavily favored and many people from south and central America are largely denied ?

    So for example, in the Immigration Court Asylum Decisions by Nationality, FY 2020 Versus FY 2021

    Cameroon is 82%, Russia is 86%, Nepal is 81%, China is 81%….It seems abnormally high for me. But…Mexico and Northern Triangle countries are extremely low, El Salvador is 28%, Honduras 22%, Guatemala 22%, Mexico 17% . They seem abnormally low…I don’t think this is normal. I believe a normal country should be a 50-50 grant-denial. I feel that I deserve an explanation because the numbers just seem too extreme.

    Reply
    • The reasons are complicated and often country specific. So for example, most Central American asylum seekers are fleeing gang violence or domestic violence, and these types of harm do not easily fit within the legal framework of asylum. Whereas people fleeing political harm or harm based on religion (Russia and China in many cases) do more easily fit into the framework of asylum. This is a major factor in grant rates. Take care, Jason

      Reply
      • Thanks for the advice.

        Reply
  10. Hi Jason, from your experience, How likely the Senate/the house will pass the bill S747 (Green card for essential workers who work during covid19)? Is there a way that we can push them. I believe it helped some of us.

    Reply
    • You can call your Congress people – there are links under Resources to the House and Senate. Also, you can also US citizens you know to do the same. I have very little confidence that Congress will do anything helpful, as we have been disappointed time after time. However, we should keep trying and so if you and your friends call, it can help. Also, you can look for pro-immigrant groups (such as the American Immigration Council, ACLU, Human Rights First) that lobby Congress and see what they are doing. Take care, Jason

      Reply
  11. Hi Jason. A am Asylee. After one year bar i applied for my Family Form i485,Form and Form i131. I got their Form i693 Medical Examination signed on 09/15/2021 and sent with Forms to USCIS on 10/20/2021. We applied Fee Waiver too but it denied today. And we have to Fill and Send forms again.
    My Question is that can we use same Medical Examination i693 again? Though they are more then 60 days older now.
    ( new update is that USCIS have temporary waived for civil surgeon signature)
    https://www.uscis.gov/newsroom/alerts/uscis-temporarily-waiving-60-day-rule-for-civil-surgeon-signatures

    Reply
    • There is the new waiver for the I-693, but I do not know whether it will apply to you. In any event, you can try to use the old I-693. Either it will work or USCIS will request a new one, so there is nothing to lose. We usually do not send an I-693 with the initial application – we send it later, and this causes very minimal delay, and so I think you might as well try to use the old exam, and even if you have to do a new exam, it will not cause much delay in your case. Take care, Jason

      Reply
  12. Hi Jason,
    I have 2 questions on EAD renewal for pending asylum applicant

    1. Does being a member of ASAP or Casa de Maryland help in getting your EAD sooner?
    2. I heard that USCIS are considering premium processing for EADs, does that include asylum seekers (initial or renewing EADs)

    Thanks

    Reply
    • This is not Jason but, from my experience:
      1. If you are a member of ASAP or CASA you can request your EAD after 150 days of applying for your Asylum, also when you renew your EAD, you don’t have to pay your biometric fee.
      2. My friend (pending asylum) who has a real state business requested a premium processing to renew his EAD and they renew it within 15days. I never heard premium processing for new EAD.

      Reply
      • What are you talking about…Is there such a thing as premium processing for C8 EAD…I have never heard of it?????

        Reply
    • @FAK
      Not Jason,
      but ASAP membership helps with getting initial EAD in time. If it’s a renewal, it’s one line for C08 category.
      Also if BBB bill becomes a law, the EAD fee will go up to $910.

      Reply
    • 1 – It is supposed to, at least for an initial EAD. Whether it is actually helping, I am not sure, but certainly, I think you are better off being a member and including proof of that in your EAD application – either it should be faster or the same as other people, so there is nothing to lose. 2 – As of now, there is no premium processing for asylum pending EADs. Whether they are considering changing that, I have not heard, but I kind of doubt they will make such a change, as allowing premium processing for “rich” asylum seekers will not look good, at least in their eyes. I have advocated for PP for asylum cases, and that has also been a no go for them. Take care, Jason

      Reply
  13. Hi Jason. My a friend in TX denied his case in immigration court and he has to do appeal in Board at washington DC in 30 days. I read you since 6 years and adviced him to make you lawer. He is poor man but he will pay. How he contact you?

    Reply
    • We do not have the capacity to take cases pro bono – I did a post about finding a free lawyer on September 22, 2016. Maybe that would help. He can contact me at my email: JDzubow@DzubowLaw.com. Take care, Jason

      Reply
  14. Has anyone visited Dubai on Rtd?my husband is planning to visit to see his parents in a third country?
    Though they only accept country passport and not Rtd
    Please Jason guide me
    Thank you

    Reply
    • I am not sure, but I have a feeling that UAE does not accept the RTD. Maybe try their embassy webpage or contact the embassy to ask. Hopefully someone else here has experience with this. Take care, Jason

      Reply
  15. A friend of mine who she was waiting 6 years for interview, is going back to Syria! I know she’s wanted to the Syrian regime and will probably get kidnaped at the airport and disappear forever, but she’s leaving anyway.
    Can you blame her! I know I can’t.
    I wish we can organize ourselves and at least do a hunger strike

    Reply
    • I do not blame her. I do wonder if there is somewhere else in the work she might go. Or if she has tried to expedite her case – I wrote about that on March 30, 2017. Sometimes, when the news media pays attention to a case, it gets better treatment, so maybe a hunger strike and some publicity would help her get an interview. Take care, Jason

      Reply
    • I am so sorry for her and i do blame on THIS-COUNTRY, this country has been made by immigrant and immigration system and they do not give a sh… to us, i have applied for my renewal 6 months a head of the old one gets expired but still pending and i am loosing my job i have had all i could do, expedites several time, congress man, house representatives any news so far and some of us waiting more than 6 years and separation from family they do not care about us welcome to land of freedom, they just pretend thats it, i am looking for attorney in canada if i can move there i will not be able to py my bill after emd of this month cause i loosing my job cause they do not care about us super simple. I wish the best for all you guys and Jason as my loyal friend.

      Reply
      • There is a principle in tort law that says you are not required to rescue a person in trouble, but if you undertake the rescue, you have to do it competently. In other words, if you mess up the rescue, you can be responsible for any harm you cause. I see asylum law this way too – we did not have to sign on to the Refugee Convention, but we did, and now we have a duty to act competently. We are clearly failing in this duty and it is harming many people. Take care, Jason

        Reply
        • Jason,

          I hate to say this but even under trump administration the USCIS was doing a better job than it is doing now.

          Biden and his government has made things much worse and has done jack shit all for Asylees and Asylum Seekers.

          Democrats have failed the immigrant and Asylum Seeker community.

          Reply
          • I agree that things are worse now than ever, at least in certain areas of immigration (asylum and GC based on asylum, to name two). However, I think much of this relates to problems that pre-date the Biden Administration. Whether things will improve soon, though, I do not know, and the slow improvement is a real frustration (to put it mildly). Take care, Jason

    • Can’t she apply for TPS, many Syrians i know already have it and been extended with no issues even during Trump’s admin

      Reply
  16. Hi Jason,
    I asked you earlier on how to alert USCIS regarding a persecutor trying to enter the US. You suggested I contact US embassy in my home country whom I emailed, but the responses were mostly lame (auto-replies and otherwise too). I doubt anybody read the contents of my email thoroughly. Is there any other place I can try? Thanks.

    Reply
    • Why are you concerned about your persecutor visiting the USA?

      Reply
      • Tina – this is my ex-spouse who’s among the persecutors in my case. Thanks.

        Reply
        • And why is it so important for you to stop him/her from visiting the USA?
          It honestly sounds absurd to me, because if you are seeking protection/ sought protection , 911 is only a phone call away, if your ex-spouse tries to harm you?

          You have to be careful, so your seemingly desperate efforts at stopping your ex-spouse from visiting the USA is not misconstrued as ‘beef.’
          If your ex-spouse comes here, and tries to make unsolicited contact, or harm you, then your efforts/ fears will begin to appear objective. .
          It is completely unrealistic, except you have evidence that the reason he/she wants to visit the USA is to continue to persecute you.
          How did you know that he/she is making efforts to enter the USA by the way?
          My 2 cents.

          Reply
          • Tina – why do you assume that I haven’t considered all the things you said or raise alarm without evidence? That’s very rude of you to assume that I’m overreacting or minimize someone’s plight without knowing the facts. I understand there are many imposters here and you may be assuming I’m one of them, but this is a genuine fear that I don’t need to justify to you. Thanks.

          • My response was based on the ‘facts’ you provided, and your desired goal .
            If my response came off as rude, that was not my intention, so my apologies.

          • @TINA: Sorry to say that, but your behaviour is not that different from Asylum seeker

            You might be on the other side, but it’s the same behaviour: same mocking accusatory style that makes me wanna vomit

          • @Momi,
            When people post with different names or a user name that is completely new, what they say do not matter to me.
            If you are new, chances are you have not read much of my posts.
            If you are using a different name than we are used to, your talk is probably from a place of bias or beef.
            I do give a lot of weight to things that serious members of this blog who have remained consistent with user names have to say.

            That said, please vomit until you feel better.
            While you are at it, I would take a break from posting or airing my views here for a while, including responding to you , so I am not stepping on toes.
            I have been at both ends of misplaced aggression, so I understand.

          • @Tina,
            I have been reading your posts since 2016 when I filed my case. Going by your posts it seems that you have been a member here for a while. You and Jamie come out as sane and your posts reflect Jason’s mind. For someone to allege otherwise is rude and crude. Let them vomit….
            Thanks for keeping it sane all the time….peace

          • Tina, I have been reading your reply’s and frankly i think you try to act very bold and judge other’s statement. This is NOT your Job to judge people here.

            Everyone has their unique case and scenarios just like “MR”. How can you evaluate her whole life scenario with just a comment?

            Thinking of replying? Stop and move on. You dont have to win every voice.
            And sometimes your “2 Cents” dont make sense.

          • Thank you @Momi, @Everlyn for your kindness.
            It’s hard enough to deal with real-life abusers, but these self-righteous comments are equally hurtful.

          • @MR,
            I am sorry that you feel I was negatively judging your intentions, or being self- righteous in the way I responded to your post.
            Again, that post might have come off differently than I intended. I thought about it, and realized that in my effort to advise and still be able to separate someone else’s experience(for privacy)from my response, I might have miscommunicated.

            That said, I know someone closely who is in your situation, and most of the things I said above were based on the person’s experiences.
            I was just asking why you were concerned about him/her coming here, because based on your pending asylum/ asylee status you can call the police if he/she tries to harm you or make unsolicited contact, because you are protected here ; “It honestly sounds absurd to me, because if you are seeking protection/ sought protection , 911 is only a phone call away, if your ex-spouse tries to harm you?”

            2. “You have to be careful, so your seemingly desperate efforts at stopping your ex-spouse from visiting the USA is not misconstrued as ‘beef.’”
            If you go back to my post, I said. ” your seemingly desperate efforts is not misconstrued as beef”.
            For clarity, Seemingly = appearance- on the face. “misconstrue” = interpret something, especially a person’s words or actions wrongly. How then was I accusing you if I used a word that means your actions could be wrongly interpreted. Again, that person I know closely was told the same thing by a female attorney who was handling the person’s Uvisa.” The most objective way to protect yourself in a domestic persecution case is to not give any impression of being vengeful”. People have lost child custody cases for this singular reason.
            By the above,, I hope you can infer that my statement was never accusatory, but an unsolicited advise for you to stay neutral, while he/she deals with USCIS, and only get involved if or he/she makes contact with you or tries to harm you.

            I thought you had a pending asylum case.
            If USCIS decides to act on your tip off, more information will be sought. The person used the online tip , and received an email to provide more details. You already have your GC, so it’s not a big deal.

            I admit that my response might not have conveyed my exact thoughts, but it was never judgemental or accusatory.
            It was a way of saying, ” you need to stay neutral,” but probably not with the right choice of words.

            As I said, I am taking a break from posting here for a while, but thought I owed you this explanation, and apology, so you are not hurting because of what I said,especially with your last comment.
            Finally, this post is an explanation and apology to “MR”, so I am not interested in any “jabs” at me in the name of online comradery.
            If anyone noticed, whenever I cause offense here, I try to explain, and apologize, because I will never intentionally cause offense, except someone attacks me first. Apologizing in this case is the right thing to do.
            BUT, if anyone comes at me thinking my nature is a sign of weakness, believe me, I can very easily find the right words to hit back really hard, break or no break .

            Have a happy holiday, everyone!

          • @Tina – apologies accepted and I appreciate your time/ explanation. I understand where you are coming from.
            Just so you know this person I’m referring to has run-ins with the US police for DV, violated temp restraining orders, lost child custody and who thinks he’s above the law.
            Unfortunately, I somewhat need to keep in contact with him for the sake of our kids, and he doesn’t hesitate to convey his intentions (either force me to reconcile or otherwise) if he returns. I spent enough money/ energy trying to protect myself (and the kids) in the past that I don’t want to do it all over again, that’s why I was trying to be proactive and avoid the scenario altogether if I could.

            Regarding your comment on unfamiliar names here – although I don’t post regularly, I try to conceal my identity as much as possible because I feel like he’s stalking me, I know it might sound too far-fetched but he has done it (despite courts’ conduct orders).

            Anyways, happy holidays to you and no hard feelings!

          • Hugs to you🤗🤗. You and your kids be safe.
            Very much like the story of the person I referenced.
            Typical story where the person comes from. Who knows😊?

    • I do not know how else you could to that for a US visa – maybe there is some way to report it to the US State Department. If the person is in the US, you can report it to ICE, which has a fraud/tips link on its web page. Maybe they would prevent someone from getting a visa as well, but I do not know. Take care, Jason

      Reply
      • Jason, the issue here is we- and when I say “we”, I mean all of us- do not know enough about this case to offer advice. We also don’t know if this person’s fear is irrational, or if this person is simply paranoid. However, judging from the history of this person’s comments, it would be reasonable to infer that this person, though the person has changed his or her name a number of times, is suffering from paranoia- almost bordering schizophrenia. If this person is so fearful/terrified of this supposed ex-spouse, how does this person, who is also living in a different country, manage to gather information- sometimes described in minute details- on this person (when the person is traveling and whether the person was granted a B1/B2 visitor visa, for example)? Does s/he have a secret spy in the COP? In any event, I don’t suspect that his/her fear, irrational or otherwise, will have any bearing on the U.S. government deciding who to give a U.S. visa. It could be so, though, if the U.S. suspects that the spouse is attempting to file for asylum or join the principal asylum applicant here in the U.S. We could probably rule out joining the principal applicant since, on the face of it, the relationship seems to no longer exist.

        Reply
        • Apt @Jamie!

          Reply
        • I think if the US government receive derogatory information about someone, that could impact the person’s ability to come to the US and/or receive benefits here. I have seen that in action in at least one of my cases. Also, we know that persecutors do come to the US (I wrote about such a case on October 23, 2013). So while someone could try to block another person from coming here for non-legitimate reasons, there are also legitimate reasons to alert the US government about bad people trying to come here. It is possible that the fear is not rational, but it is also possible that it is completely rationale. That is for the US government to decide. I do agree that the US government is unlikely to take any action or deny a visa, but I guess it depends on whether they match any credible derogatory info with the person’s visa application (which seems unlikely, but if I was fearful of my persecutor coming here, I might try to prevent them from coming here). Take care, Jason

          Reply
  17. Hi all,
    I am about the submit my i485 Please advise anything you think is important. I have a couple of questions meanwhile;
    1-I have my family within here wife and kids. they all have the status of asylee because of me. When I fill forms I filled for each of us individually. Should I create separate folders for each applicant and provide supporting documents for each folder considering them all applications are individual? for example, I have the approval for asylum right? 4 individual in our packet. Should I have four copies of approval for each application?
    2-Do you recommend I fill I-131 this time As far as I read I do not have to pay a fee If I fill it together with 1485 but I also read as the green card are coming late we usually end up not using travel documents? What do you recommend?
    3- For Heath report together with 1485 how early do they accept the report?
    And again please share any experience and tips for me you think helpful and beneficial thanks

    Reply
    • 1 – I would submit a complete application for each person, and then I mail all those in one packet. Sometimes, the applications get separated and so it is a good idea for each packet to be complete (so I would include 1 copy of the approval in each packet, for example). 2 – It’s up to you. There is no extra fee, and I have never seen any noticeable delay by adding an I-131 to the packet. We often send that for our clients. 3 – We usually send these when requested by USCIS, but you can also send it when you mail the case. It has to be (I think) less than 60 days old when they receive it (I am not complete sure about the 60 days, so you have to double check the instructions). Lastly, these cases are going slowly, as you probably know, and so if you have any reason to ask for expedited processing, it is best to do that when you send the applications – I wrote more about that in a post from January 2020. Take care, Jason

      Reply
      • Thank you Jason,
        You are the best.

        Reply
  18. Hello Jason,

    Is it possible to renew the driver’s license with the asylum receipt notice? I have to apply for the EAD based on pending asylum application on 01/10 but my driver license and my actual ead will expire in 2 weeks, should I include them in my application even though they are expired?

    Thank you for your work and I look forward to hearing from you.

    Reply
    • You should be able to renew, as the receipt itself indicates that the old EAD is automatically extended for one year. Take care, Jason

      Reply
      • Jason,

        I am not sure I have understood your response. Which receipt indicates that the old EAD is automatically extended for one year?
        my c3 ead expires in 2 weeks. So, my driver’s license too. I will be eligible to apply for c8 on 01/10. Could I renew my driver license with my asylum receipt notice? if not, in my application I will send on or after 01/10 should I include the expired driver license and ead?
        PS: Could I keep my job with my asylum receipt notice?

        Reply
        • Sorry – I misunderstood. If this is your first c-8 EAD, there is no automatic extension of the old EAD (which is under a different category) and you are not eligible to work based on the EAD receipt. If you are a member of ASAP or Casa de Maryland, when you apply for the initial c-8 EAD, USCIS is supposed to process the case more quickly, so try to be a member of one of those groups (also, you must be a member to file for the c-8 EAD 150 days after asylum was filed). I did a post with links to the groups on September 23, 2020. Take care, Jason

          Reply
          • Jason,

            Being a member of the ASAP or Casa de Maryland means not to pay for the biometric fee, does it also mean not to go to ASC for biometric?

          • If you are a member, you do not pay the fee. Whether you will have to attend a biometrics appointment, I am not sure – some people do have to attend, especially if it is a first time EAD. Take care, Jason

      • Hi Jason! Do all eligible applicant categories get automatic EAD extension for one year now? I couldn’t find this information anywhere, and USCIS website still says “up to 180 days”.

        Reply
        • They do not. I do not remember the rules for each category, but only some categories get the automatic extension. Take care, Jason

          Reply
      • Hi Jason,
        When I renewed my drivers licence they renewed it for 6 months based on the receipt did they change it to one year now ?

        Regards

        Reply
        • Maybe once you get the new EAD (as opposed to the receipt), they will hopefully extend the license for the full period of the new EAD. Take care, Jason

          Reply
  19. Hello team,

    I have submitted Mortgage loan via NACA. The under writer rejected my document because I am on C08. This is very sad.

    I remember someone mentioned that pending Asylum is okay for NACA. Is there any one that knows who went through the NACA program recently?

    They told me to come back when my status changes. God nows when after waiting this many years for an interview.

    I appreciate if I can get any help.

    Thank you

    Reply
    • I do not know about this, but there are non-profit organizations that assist with housing issues. I did a post on September 22, 2016 where I provide links to local immigration non-profits. Maybe if you ask them, they can refer you somewhere for help about mortgages. Take care, Jason

      Reply
    • Even though I did not end up using NACA for my Mortgage, I emailed back and forth with an employee, and also spoke to another.
      I was told that CO8 was okay.
      I will recommend you go online and research, call and ask to speak to a supervisor, except of course they recently changed policy.
      Don’t be discouraged. Interest rate is historically low, so you really don’t have to go with NACA.
      There are several other banks out there that will finance your home.
      If it makes you feel better, my employer told me the same thing .I found a bank that saw me as a human being and not a business risk.

      Reply
      • Thank you Tina. I really appreciate your response.

        The only disappointment I have is that I have been submitting all the documents and recommendation was an approval. Then being disqualified hurts for your visa status. If we were interviewed, we would have been in status by now. This is not our fault.

        I agree that interest is very low now and will explore other lenders. The housing market is on fire though 🙂

        Cheers

        Reply
        • @optimitst
          How if you had interview earlier your status would be changed?? Who told you that you will get approval? What if you get rejected like most of the cases??? You would be in deportation proceedings and looks like you understand the asylum process in wrong way cause applying for asylum isn’t not status at all and you should wait till you see if you will get approval or you will be deported to your country first before buying house here!

          Reply
          • If he doesn’t get approved, he will sell the home, but while he is waiting to go through the process, he deserves to live here like his permanent home.
            I bought my home while my case was pending, and thankfully I also got approved .
            For now, he has to live like he has asylum, because he has a genuine case, and not playing the asylum lottery.
            How about keeping your unsolicited BS negativity to your self.

          • Thanks Tina,

            I am sure he isa troll. We work here and pay taxes. People in a short term visa buy a house and car too. I am sure he knows that.

            Cheers

          • Nick, I disagree with you. It also shows that you don’t understand the asylum process (this could potentially take many, many years to complete). A pending asylum application shouldn’t stop you from living, building wealth, or achieving your goals.

        • @tina you was lucky to get approval but i never bought a house until i got the approval letter but he was confident like if we were scheduled we would have a status now !!!! That’s a joke like how do you dare to expect you will get approval while the strongest cases gets referral! Wait until u see u gonna stay here forever or will leave then buy a house! Good luck!

          Reply
  20. Hi Jason!

    I have wonderful news. My asylum interview finally got scheduled and I filed back in 2016.
    I cannot express feelings of excitement that time of living my life in fear with depression and anxiety will end.

    What do you think, when I can expect it to be? It’s showing that is scheduled yesterday when I checked my online case status but still didn’t get notice.

    Reply
    • You will probably get the notice in a week or so. I did a post about interviews on September 8, 2016 that may be of interest. Good luck, Jason

      Reply
      • Hi congratulations which office was it and was expedited interview requested thank you

        Reply
    • Congrats ! Have you expedited your case ?

      Reply
    • And may I ask where is the location your interview is scheduled ?

      Reply
  21. Hi Jason,

    I have a family member who is applying for a tourist visa at the US embassy. I was granted asylum a few years back. Do you think my current status as Asylee will make it more difficult for a family member to obtain à US tourist visa? And do you think they will question my family member about my status at the visa interview?

    Reply
    • It is possible that your status will make it more difficult for your relative. This problem is worse for very close relatives (like a spouse or child) than for other relatives. I suppose it is possible the embassy will ask about your status in the US. It may be that your relative does not know your actual status, and in that case, the person can just say that they do not know. Take care, Jason

      Reply
  22. I have been waiting for an interview since August 2015. I also have, as the lawyers say, a strong case. My story was written in the New York Times. But no one cares what you went through at home. The Immigration Service arranged a special kind of torture for us. While waiting for an interview in my homeland, my father died. My mom was diagnosed with cancer. The Immigration Service did not consider these circumstances important and more than five times refused me to expedite the waiting process … The congressman from New York made inquiries to the immigration office on my behalf … Again refusal. I was desperate.

    Reply
    • I’m so sorry for your loss

      Reply
    • I’m sorry for your loss my friend, try advance parole it might help to see family in third country.

      Reply
      • Also a good idea – I wrote about AP on September 11, 2017 – maybe that would help. Take care, Jason

        Reply
    • I am sorry for all these difficulties. If you have tried to expedite several times and been rejected, you might try a mandamus lawsuit in order to force an interview – this often works. We wrote about such lawsuits on October 2, 2018 (I think this article is about waiting for a decision after the interview, but the principle is the same). Good luck, Jason

      Reply
  23. Hi Jason,
    I am an asylee! have I-485 form had been waiting in National Benefit Center but I live in Buffalo . I have sent a letter to my Congressperson to expedite my process but the office answered that “ The delays are due to the covid 19 pandemic” However they couldn’t help me. I decided to send a letter to Schumer or other Senators I know I might not win but I wouldn’t lose either. I am just wondering your opinion! I have applied 2015 and I guess I waited enough. People around me talking about another 3 years for waiting. I need to fo something
    Thanks
    Lal

    Reply
  24. Hi Jason,
    I am an asylee! have I-485 form had been waiting in National Benefit Center but I live in Buffalo . I have sent a letter to my Congressperson to expedite my process but the office answered that “ The delays are due to the covid 19 pandemic, the pandemic is an unprecedented event that has caused most government agencies to be backlogged with cases”
    However I decided to send a letter to Schumer. I know I might not gain but I wouldn’t lose either. I am just wondering your opinion! I have applied 2015 and I guess I waited enough.
    Thanks
    Lal

    Reply
    • There is no harm in trying. If you filed the I-485 in 2015 and are still waiting, that is a very unusual and long delay. If that is the case, you might talk to a lawyer about a mandamus lawsuit, or at least talk to a lawyer to see what issue could be holding your GC for so long. Also, to me, after 1.5 years of this, the pandemic excuse is pretty weak – they need to learn to adjust and do their jobs, just like the rest of us. Take care, Jason

      Reply
  25. My drivers license will be expiring on 18 December. I applied for renewal of work authorisation.
    My documents have been accepted with an automatic renewal of 180 days from 18 December. I have received I-797C notice of actio. However I am not sure if DMV is going to accept me renewing my license with this document. I need to
    What is the other solution is what I need to know please? How do we obtain a renewal on drivers license.
    I need to know if it is possible to have other documents to prove legal status and get it renewed.

    Reply
    • The DMV should renew your drivers license for 6 months based on the I-797C notice. Which state are you in?

      In California at least all DMVs will accept it.

      I got an AB60 driver’s license in California until 2025 without even showing the I-797C notice (I am on EAD extension, EAD still under processing).

      Reply
      • I am based In Nevada and here they have no such rule.
        I am bit worried. we wont be able to go ahead. who do I speak to at DMV in Nevada just any supervisor.
        M

        Reply
    • I’m not Jason but From my experience, Maryland and Virginia DMV renew your driving license based on the 180-day extension. One of my friend told me, in LA they renew the driving license every month until you get your renewed EAD.
      One other thing: when you go to the DMV, the officer might not know about the process and they might try to deny you. If such a situation happened, explain to them and contact their supervisor.

      Reply
      • If anybody is in California then you should just get an AB60 and be done with it. There is an online link to apply online and the system will tell you that you qualify for an AB60. Print that page from online system and go to dmv and they wont be able to reject you.

        Reply
      • Hi Alpha Markos
        I am not sure of the process here. But I will visit one or two DMV’s to find out what is really happening.
        Thank you so much for sharing this info.

        Reply
    • @KAYRA

      Try going to a 2/3 DMV offices near you, Large DMV offices usually know to issue driver’s licenses based on I-797C notices, Smaller dmvs may not know about it.

      Reply
      • Thank you Kalen
        I will definitely look into this.
        M

        Reply
    • They should accept the I-797 receipt. If not, ask to speak with a supervisor or try to elevate the issue, since the receipt itself indicates that your EAD is extended for six months. In terms of other documents needed, it varies by state and you would need to look at the DMV website. Take care, Jason

      Reply
  26. Hi Jason,

    I have DACA status and just bought tickets to go to Puerto Rico on vacation. I will travel from Baltimore International airport and wanted to see if I am safe to travel from international airports to Puerto Rico? Obviously, I know I am not going outside the US but wanted to make sure I am safe to travel from international airport like Baltimore one is.

    Thank you.

    Reply
  27. What further frustrates all of us is that the Biden administration and officials, specifically Ur Jaddou and Secretary Alejandro Mayorkas, have chosen to turn a blind eye to the plight of asylum seekers and asylees. In fact, they have chosen to leave in place most of their predecessors’ atrocious modus operandi as it concerns asylum systems and procedures. For instance, asylum seekers, for the most part, still have to wait 1 year, or 365 calendar days after the application has been filed, before they can apply for a work permit (and this does not take into account the extremely long wait before the EAD application is approved). As well, the incredibly unfair, and possibly unethical, LIFO practice continues to be a thing. These practices don’t even require Congress to roll back! I must say this- Republicans are very strategic, determined, and very cohesive in their approach. Perhaps Democrats can learn a thing or two from them.

    Reply
    • The big problem with Democrats elected officials (Especially non-progressives) is that they’re just not passionate about the issues their constituents care about. Ok, they passed infrastructure. I don’t know anyone who will be like, They got my vote and support because you passed infrastructures. It seems they like to stand up in their high horses. When It comes to Mayorkas and Jaddou, I don’t know who’s worse. I’d give a slight advantage to Jaddou because she seemed to have all the solutions to Trump disastrous immigration policies until she was nominated. Now, she is just enjoying the photo ops, it seems.
      A recent report showed how this administration has naturalize permanent residents who are eligible at the fastest rate. It’s not that they can’t resolve issues. They can. It’s not because of Covid. The thing is that they just don’t care enough.

      Reply
      • I think part of the problem is that the US electorate does not care all that much about immigration. Those who oppose it, oppose it very strongly. But those who support it, support it only mildly (with obvious exceptions). Given this dichotomy, I think immigration is generally an issue of less concern for moderate Democrats. I wrote about this with some polling data on March 24, 2021. Take care, Jason

        Reply
        • You nailed it.

          And is it reasonable to think that in the foreseeable future, it will remain less of a concern for moderate Democrats & average Americans ?

          Reply
          • I think all the advocacy of pro-immigrant people has not moved the general public all that much (or at least, not enough). One thing that may help is the current labor shortage. The economy needs more workers, and that might push corporate interests to advocate for a more liberal/efficient immigration system. We shall see. Take care, Jason

          • Thanks for your advice.

            Hmm…

    • The EAD issue is particularly strange, as it would be so easy to fix (or it least, that seems to me to be the case). There was a recent letter to DHS and USCIS from a bunch of non-profits related to that point, but so far, I have heard no response. Also, so far, there has been no response to the letter that 40 Congress people sent to DHS and USCIS in September asking them to prioritize cases over 5 years old. I still think that the agencies are getting their acts together after the Trump disaster, but nearly one year post-Trump, it is getting more and more difficult to believe that is the case. Take care, Jason

      Reply
  28. Hello Jason,
    Recently I contacted the San Francisco asylum office to inquire about my second interview pending a decision because I wanted to apply for AP, I was told that I wait to apply for AP because my case was given to the supervisor to make final decision and that I will receive a decision in 2-3 weeks. Do you know why a case has to go to a supervisor? should this worry me? how long do supervisors take to issue decisions.

    Thank you so much

    Reply
    • There could be a specific reason (I wrote about some reasons cases are sent to headquarters on October 20, 2015), but all cases must be approved by a supervisor, so this could mean nothing at all. Hopefully, you get a decision soon. Good luck, Jason

      Reply

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