This post is by Amy Doring, the Asylee Outreach Specialist at HIAS Headquarters in Maryland. The HIAS Asylee Outreach Project can be reached at asyleeoutreach@hias.org or at (240) 284-3306. Learn more about the initiative on its website, asyleeoutreach.org, and follow @asyleeoutreach on Facebook to attend an upcoming national Asylee Benefits Orientation webinar. If you are an asylee in Maryland, please reach out to the Asylee Outreach Project to access resettlement services. If you are in another state, please visit the For Asylees page of the project’s website to contact a resettlement agency near you.
Asylees are eligible for a variety of refugee benefits and services following their asylum grant. If you’re an asylee or an attorney and this is the first time you’re hearing about asylee benefits—you’re not alone! Fewer than 20% of asylees access resettlement benefits, most often because they are unaware that they are eligible for these benefits, or that they even exist.
Benefits for asylees are funded by the Office of Refugee Resettlement (ORR) under the U.S. Department of Health and Human Services (HHS) and include, but are not limited to: Cash assistance, medical insurance, employment services, English classes, and job training. It’s important to note that eligibility for these benefits is time sensitive. Free health screenings, which will help satisfy medical requirements for your future Green Card applications, are available only during the first three months after an asylum grant. Eligibility for refugee cash assistance and medical insurance, in turn, ends eight months after the date of an asylum grant. Lastly, the availability of free English classes, job training, case management, and employment support services ends five years after an asylum grant. With these strict timelines, it is immensely important that asylees be connected with resettlement services as soon as possible to take full advantage. Family members who are derivative asylees will also be eligible for these same benefits.
Some asylees may be hesitant to access benefits, thinking it could affect their present or future immigration status. So, let’s dispel that fear right here: Applying for and receiving benefits will not affect your asylum status and you will still be able to apply for permanent residency and citizenship even if you apply for or receive benefits.
So, how do you access these benefits? If in Maryland, reach out to the Asylee Outreach Project to be connected to local resettlement services in the state. If outside of Maryland, you will need to reach out directly to a local resettlement office or, if none are near you, to your local department of social services to get started. When contacting these service providers, asylees should be ready to present a form of identification, a proof of asylum document, and their I-94, if they have one.
On top of providing refugee benefits, resettlement offices may also help asylees apply for federal and state means-tested programs, like food stamps, Medicaid, and rental assistance, eligibility for which will depend on income and family size. Resettlement offices can also provide case management services to help navigate post-asylum grant next steps, such as updating to an unrestricted social security card or help finding new housing. In some cases, they may also offer limited legal services to facilitate applying for family reunification, work permits, and a green card.
Attorneys have a pivotal role to play here too— following an asylum grant, it’s important to make the client aware that they may be eligible for a range of benefits as an asylee (information for attorneys is available here). Otherwise, given the time-sensitive nature of the benefits, the client may never find out in time. In this conversation, make certain to assure the client that receiving benefits will not impact their immigration status, nor will they be in any sort of debt to the U.S. government. A few minutes of helping connect a client to resettlement benefits truly can translate into years of positive outcomes for the client.
A common question the Asylee Outreach Project often receives is whether there are similar benefits available to asylum seekers (i.e., people who have filed for asylum but who have not yet received a decision). Unfortunately, refugee benefits are only available to those who have received an asylum grant. Resources for asylum seekers instead tend to be quite limited with availability often dependent upon state and county of location. Some counties may have local medical coverage programs open to uninsured asylum seekers or there may be local non-profit organizations nearby working to support asylum seekers.
Where can you learn more about asylee benefits and the next steps you should take after receiving asylum? The Asylee Outreach Project holds Asylee Benefits Orientation webinars online every other month, open nationally to asylees, attorneys, and others interested in post-asylum grant next steps. To attend, follow @asyleeoutreach on Facebook to keep an eye out for our next event announcement or email asyleeoutreach@hias.org to receive event information. To learn more about asylee benefits, visit the Post-Asylum Grant Guide on our website, asyleeoutreach.org.
Hi Jason,
I want to start by thanking you. I have applied the I-730 petition for my wife and my son who currently reside with me in the US. I have recieved a notice for me be interviewed later this month. What should I expect in that interview? Will my wife or my son need another interview after that? How long will it take until their case will be approved and get their SSN after my interview? The notice says it is optional to bring the beneficiaries, do you think it is a good idea to take them with me?
Regards,
ZeDoc
I am not sure why they would interview you, but you should bring them with you. Maybe they need more info about the relationship, but you would think they can request that evidence in writing. In terms of your family members, the questions should be pretty minimal. I suppose they could ask your spouse about your asylum case (usually, they do not), and so there is no harm if she is familiar with the basics of your case. Also, there is a link under Resources called I-730 Family Reunification Manual – that may have info about the interview process and maybe would be helpful. Take care, Jason
Hi Jason,
Thanks for all you do, I was granted asylum in 2018, I have applied for my green card still 2019 and I was sent an RFE for I693, have you ever witnessed a case of USCiS sending another RFE weeks after receiving the first one and if that’s the case, what other document can they be requesting for? I will appreciate your reply
I do not know, but it does not seem so surprising. It may be that they are sending you the same RFE twice, or maybe they noticed something else missing or a question on the I-485 that is not consistent with the I-589. The only way to know is to wait for the letter. Take care, Jason
Hello Jason, I was granted asylee by the asylum office. On my decision letter the date of granted asylee is 12/02/2021, notice date is 02/01/2022, decision letter sent date is 3/11/2022. Which date counted apply for adjustment of status (permanent resident card)? Can I apply green card on 12/02/2022 after one year date of granted asylee?
Thank you
If the December 2021 date is the date that asylum was granted, then you can apply one year after that (assuming you meet all the requirements for a GC). This date is usually contained in the first paragraph of the letter and it usually different from the date on the top of the letter. It says “granted asylum on [some date].” Take care, Jason
Hello Jason,
My asylum was granted by immigration judge in Baltimore on the first week of December 2021. Applied for renewing my work permit card on July 2021 because my work permit card was about to expired on December 2021. USCIS send me a receipt notice (Received date 07/28/2021). I am still waiting for my work permit card. Many organization or financial institutions do not want to take i-94 (Asylum granted Indefinitely) as proof of permanent residency. They want EAD or physical card. Could you please advise what I can do about EAD or proof of permanent residency.
Many thanks
Sam
You are able to work without an EAD (see 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). After the court case was approved, you needed to Google “post order instructions in immigration court” and follow those to get the new EAD (based on asylum granted) and an I-94. If you did that, you should get the EAD relatively quickly. Otherwise, maybe you can try calling USCIS about the delay at 800-375-5283. Take care, Jason
Thank you Jason. I tried to call the number you provided several times. bot agent always respond and forcefully disconnect if I want to talk to a representative. I can check the status online because I have an account, but it does not say anything about the expected receive time. Note: I applied for my EAD before my asylum was granted by judge. Please advise if you have anything in your mind.
Thanks
Sam
It is not easy to reach a person by phone, but that is the only way I know. Maybe you can try your Congressperson’s office and see whether they can assist. I guess you can also try the USCIS Ombudsman (a link is under Resources), but they are not very fast to respond. Good luck, Jason
[…] What happens to the dependent if asylum is granted? If asylum is granted, the dependent receives asylum, the same as the principal, and can apply for a Green Card after one year of physical presence in the U.S. The dependent can also obtain a Refugee Travel Document and should automatically receive a new EAD (Employment Authorization Document). I wrote more about asylum grants here, and we also have a helpful post from HIAS about asylee benefits here. […]
It has been 26 months my asylum-based green card is pending. Received inquiry from state senator last month it said that your case is awaiting further review. Jason How long more months it will take to review and any other options to reach out to USCIS to make the case faster ??
I did a post about expediting with USCIS on January 29, 2020. Also, there is new guidance just issued here: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-expedite-requests
My guess is that you will get some news pretty soon, whether you try to expedite or not. Most of our cases take maybe 2 or 2.5 years, something like that. Take care, Jason
Jason, I’m an asylee & brought my wife & son to the USA using I-730 (Refugee/Asylee Relative Petition). They already applied I-485. Do you think USCIS will ask them to submit I-693 (Report of Medical Examination & Vaccination Record)? I’m asking this because they submitted medical records before the visa interview at the US Embassy. (It’s required for the visa). Thanks in advance!
Oh boy – I do not remember. I think that they do, but I am not sure. If you check under Resources, there is a link called I-730 Family Reunification Manual. That might have the info you need. Take care, Jason
Hi, Jason thanks a lot for everything, my question is my daughter come to the US behind my petition after asylum granted, and since arrived on May of the last year, We went to the office of the Social Security many times to register her to get the social security card, but they say her register number is not recognized by the Immigration, but she comes with the visa made by my petition how she can meet this problem? I called the Office locator their offices of Houston is not opened at this time. What should I do?
If you did not already do it, maybe you should apply for a work permit for her (form I-765, available at http://www.uscis.gov). This is free (if it is a first work permit) and she can also get an SSN from the same form. Otherwise, I am not sure what the issue, but there is a link under Resources called I-730 Family Reunification Manual and that discusses all aspects of the I-730 process, so maybe there is something there that can help. Take care, Jason
She has a stamp Authorization work on his passport and I filled it when she was in my home country before she come to the US. Because it was required.
How long an asylee who has 1 year travel document can stay in a foreign country ?
I m a Syrian asylee have my asylum case approved in Sep 2019, in Sep 2020 I applied for I 485 to adjust my status
now I have plan to travel to Turkey to stay with my Fiancée for long time like 4 to 6 month
does that affect my pending I 485 application?
As long as you have fulfilled the 1 year physical presence requirement and you return before the Refugee Travel Document expires (and do not miss any USCIS appointments), you should be fine. If you plan to stay for 6 months or more, you might double check the I-131 instructions to see whether there are any restrictions. I think not, but it is worth checking to be certain. Take care, Jason
Jason, I’m an asylee & applied I-485 two years ago. I received mail today from USCIS stating that I didn’t submitted I-693 (Report of Medical Examination & Vaccination Record). Is it a must to submit both forms? I thought I-485 is enough but seems need to submit I-693 also. I’m going to send this form by Jan. 2022. Your thoughts are appreciated.
You do have to submit the form I-693, medical exam. However, you should not submit that until USCIS asks for it. Check the letter they sent you, as normally, that letter just informs you that you need to submit the exam at the interview or whenever USCIS asks for it. If the letter specifically requests the exam, you have to send it, but otherwise, it is best to wait for USCIS to request it. Take care, Jason
Thanks Jason. One more question: my wife & son came from home country to the USA using I-730 (Refugee/Asylee Relative Petition). They already applied I-485. Do they need to submit I-693 (Report of Medical Examination & Vaccination Record)? I’m asking this because they submitted medical records before the visa interview at the US Embassy. (It’s required for the visa). Thanks in advance!
Oh boy – I do not remember. I think that they do, but I am not sure. If you check under Resources, there is a link called I-730 Family Reunification Manual. That might have the info you need. Take care, Jason
Hello Jason! Thank you so much for your blog, the best source of information for asylum seekers! I would like to ask your opinion on my situation. I’m waiting for the asylum interview. In the meantime my girlfriend is a US citizen. We are about to marry Jan 25th. However, I am not sure I want to apply for immigrant benefits as the spouse of US citizen after that. The reason is that her ex is an immigrant who obtained Green card based on the marriage with her in 2020. Aug 2021, they divorced. As I know, it’s kind of a red flag for USCIS. I’m afraid if she will apply for immigration benefits for me so I obtain permanent residency after we marry, her previous marriage history will outweigh the true evidence of our fair relationship. Would you recommend me to apply for marriage based Green Card with my future wife or rather just wait for my asylum interview? Thank you in advance for the advice and Happy New Year!
It is hard to say and depends on the specifics of the case. The prior marriage is a red flag, but if you have strong evidence of the relationship, you should be able to get your GC that way. You could always wait for a while to gather more evidence and file later. Alternatively, if you file sooner, and the marriage case is denied, you can continue the asylum case (though be aware that if USCIS concludes that the marriage was fraudulent, it could negatively affect your asylum case). Happy New Year, Jason
Thank you for the reply. Does it work vice versa? Like if I got interview on the asylum earlier and it will be refused, will it negatively effect my marriage case then?
It should not. The only way it could have a negative effect either way would be if you lied in one of the cases or if the two cases are inconsistent with each other – this requires reading the forms pretty carefully, as they ask for some of the same information, but in different ways, and that can be confusing (for example, both the I-589 and the I-485 ask for info about organizations you are a member of, and so you would want that to be consistent – if you are inconsistent, typically, you can explain what happened, but it is better to be consistent in the first place). Take care, Jason
Hello, I have a question about GC .. There is any way to get the GC before one year after Asylum approval ? or get the citizenship before 4 years ? my Asylum case pending last 7 years ?? I really need to travel for my mother in law because of her health condition ? my court in March and hopefully I will win the case but I really to get everything earlier
Thanks
If you travel while you have a pending court case, it will likely be considered that you deported yourself and that you cannot return. If you win asylum, you can file for a Refugee Travel Document and use that to travel before you have the GC. In terms of getting a faster GC, you cannot do that based on asylum, but if you have some other path to a GC (employment, family), maybe you can try that, if you are eligible. take care, Jason
What about after GC ? the 4 years to get citizenship can we explicate it ?
Thanks
Sorry expedite*
You cannot expedite the period to get citizenship. However, the GC will be back-dated 1 year (or at least it should be) and you can mail the N-400 citizenship form 90 days before your 5 year anniversary, and so you should be eligible to file for citizenship 3 years and 9 months after you get the GC. Take care, Jason
Sorry I have another Question please.
Can my wife travel home ( which is different from my home where I asked for asylum ) with her original passport ( which is different than mine too ) before get the GC without RTD ? Or she needs it to get inside the US ? which form we have to fill and when after asylum approval ?
Thanks
I think she will need the RTD to re-enter the US. Maybe she can re-enter if she has another visa, but I would be very careful about that (talk to a lawyer if you are not sure). To get the RTD, use form I-131, available at http://www.uscis.gov. Take care, Jason
@NAB you can apply for naturalization after 1 year of service in the US army.
We cant do it as a asylee ? we cant count 7 years in the USA before grant asylum ? ):
Thanks
Hello Jason. Is it okay for a LPR based on asylum to use their unexpired national passport (from the COP) to travel to a third country (not the COP neither a neighboring country)? I know renewing a passport after the grant of asylum is not good but what if the passport is still valid for many years and there is no need to renew it. Thanks
It depends on the case, and it is always better to use the Refugee Travel Document. However, not all countries accept the RTD and I have had many clients who used their passport without any trouble. Nevertheless, you should be prepared to explain why you used your home country passport (and not an RTD), in case you are asked about this. Take care, Jason
Thank you very much for the response Jason. I did not understand why it depends on the case, can you please explain? Also, when you mention that you had many clients using their passports without trouble, did you include issues during naturalization? Thanks again.
If your case involved fear of your home government, it is better to not use the passport if you can avoid that – if you do use the passport, you should be prepared to explain why you used that and (if relevant) why the government allowed you to renew the passport. Again, I have not seen a client have trouble because he used a passport, but it is theoretically possible, if using the passport causes USCIS to think that the original asylum case was a fraud. In terms of naturalization, that has no effect on any of this. The only issue is that you have to be in the US for USCIS appointments, and of course, if you spend too much time outside the US, it could affect your legal eligibility to naturalize, but these issues are for all GC holders, not just asylees. Take care, Jason
Good evening jason, Can someone who has already overstayed more than one year be a dependent or spouse of a new asylum applicant in their application and what are the probability that this can affect their case.
They can be a dependent. I have not done this (or at least I do not remember such a case), and so I am not certain, but I think the one-year filing bar only applies to the principal applicant, and so if the principal applicant receives asylum, the dependent should as well, even if the dependent was in the US for 1+ year before the principal filed for asylum. I am not 100% sure about this, but I think that is correct. Take care, Jason
Hi, Jason,
I have a question about EAD renewals, my home country passport is expired, my license and ead will expire in 2 months, I did get the receipt but dmv is not accepting it for the license renewal and I’m sure there’re a lot of people in the same situation as me, so is it legal? These delays leave us without actual id, we can’t drive cars, we can’t fly anywhere, not to mention not being able to work, aren’t there any laws that can be applied to help us? Not court cases but actual law so when we call USCIS we can reference that law and maybe get things done faster? Is there any organization that tracks it and keeps USCIS accountable?
That’s why I am glad I am in California since you can get an AB60 drivers license here, mine is valid until 2025.
Based on I-797C receipt the dmv should renew your driver’s license, try going to a bigger dmv in/around your city.
HI, Elena,
Thank you for sharing your experience. I’ve upgraded my license to real id a while ago( not knowing that expiration would be the same as ead, no one at dmv has informed me at the time either), later when I went to dmv to extend my license based on i797C, they refused saying that only valid ead card is accepted, talked to superviser, still didn’t help. I’ve upgraded to Real Id to be able to fly domestically, read on the website that people with regular id/license won’t be allowed to fly, don’t know if that rule is being applied now.
You should try reaching out to a local non-profit. Their decision is clearly wrong, as the receipt extends the EAD by 180 days (assuming you filed to renew before your old EAD expired). Good luck, Jason
The DMV should accept the receipt – maybe try to talk to a supervisor. As for organizations that can help, I am not sure. One possibility it the Asylum Seekers Assistance Project – you can Google them. If they cannot assist, maybe they can refer you to someone who can. Also, I did a post on September 22, 2016 with links to local non-profits. You can try contacting one near you to see whether they can help. Take care, Jason
Submit I-485 in October 2020. Applied for expedite in June 2021 and approved the same month. It has been six months but not further processing. What is going with USCIS that expedited case takes this long? Any suggestion?
It is not easy to get them to expedite, so that is good. Too bad that they did not actually move a bit faster. I think you should call them (800-375-5283) and try to talk to a person. Tell them that USCIS approved the expedite, but so far, nothing has happened. Hopefully, they can move things along. You might also open a case with the USCIS Ombudsman – a link is under Resources and they sometimes help with delayed cases. It may be worthwhile to inform them that you have an approved expedite request, but so far, USCIS has not taken action. Take care, Jason
Asleep, do you mind sharing how did you expedite your i485 application? On what basis and which service center? Thank you in advance. Ray.
Asylee, do you mind sharing how did you expedite your i485 application? On what basis and which service center? Thank you in advance. Ray.
Hi Ray,
It is expedited based on family member health condition. The expedite was done at NBC.
Thank you, Asylee. I would love to hear more about how did you get it expedited. I know it is a public form and people don’t feel comfortable discussing personal experiences. Would you kindly share more details? I am in a terrible situation, I need to see my family but unfortunately the country which is granting them visa doesn’t accept US RTD. It has been so long I haven’t seen my family, I am suffering and I want to see them as soon as possible. Thank you very much for your help.
Maybe you can meet them in another country that does accept the RTD? While you can try to expedite the GC and naturalization process (I wrote about expediting with USCIS in January 2020), you cannot change the eligibility requirements (waiting 1 year after you got asylum to file for the GC, and waiting 4 years after you get the GC before filing for citizenship, assuming you got the GC based on asylum), as those are written into the law. Take care, Jason
Submitted my i131 application today and detailed my intent to take a short trip to my COP next year to visit my elderly mother. I will be chronicling the experience so others here can benefit from the information and have some actual real-world experience of what happens. I just hope this does not end up biting me in the butt when it comes to citizenship.
Thank you – I will be interested to hear as well. Take care, Jason
Hello guys, any update about EAD renewal Potomac service center my receipt date osJanuary 13th nothing has beed happened and on uscis proceeding website shows they are working on February 3rd how it comes?!?!
Hi,
Have you tried to raise a case inquiry?
I have expedited 3 times and house representatives two times i do not know what should i do i will be taken leave of absence next week 29th which leave without pay for a month after that termination
That’s so frustrating, I’m sorry that USCIS denied your expedite requests. I’m not a lawyer, but maybe you could try to raise case inquiry also? USCIS has an online form – https://egov.uscis.gov/e-request/displayONPTForm.do;jsessionid=79C4BC64B586BCF2CA19AFB52CBA9A4A?sroPageType=onpt&entryPoint=init
And let’s wait for Jason, maybe he could suggest something else for your situation.
Thank you my friend, i have done this 4 times too nothing have happened so far.
You can also try the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases, but it will not be that fast (if it works). You can also file a mandamus lawsuit about the delayed EAD, but again, that takes time and is expensive. Unfortunately, the EAD renewal process is a complete disaster and we are generally powerless to do much about it. Take care, Jason
have you tried calling uscis on the phone number and talked to them?????
I have not heard any updates. There is a lawsuit against USCIS about delayed EADs, but so far, I have not heard about any changes to the process. Take care, Jason
@ASYLE55 the latest receipt date that got approved yesterday that I know of is Jan 21st 2021. So Potomac is unofficially 3-4 weeks behind the date posted on uscis website. And it takes more than 11 months now to renew EAD.
So mine is January 13th???? That’s weird
@ASYLE55
I know it’s weird and hard to predict. A week ago, a few of Jan 7th receipts were approved. But some people who applied in Dec 2020 are still waiting. I guess you should ask the ombudsman to help you, because it’s more than 11 months for you and they passed the date of your receipt.
Hey Jason,
Thank you for your response that I asked you couple of weeks ago.
Now I have question I have an interview at AO next week .My lawyer submitted everything online and mail too.I need to make corrections in my statement which already in AO. Can I do that at interview time or I can do that before my interview.I look forward
Your response.thanks.
Jhampa
If it is something small, you can probably do it orally at the interview. If it is bigger, you may want to make a written statement explaining what has to be corrected, and submit that when you arrive at the interview (or maybe email it to them, but it may be too late for that – and even if you email it, you should bring a hard copy to give them when you arrive). Talk to your lawyer about how best to approach this issue, but certainly you will need to correct it somehow before the interview begins. Take care, Jason
Dear Jason and asylum seekers,
I hope you are healthy and safe. As an asylum seekers and on backlog from 2016 NY I want to ask are we eligible for mortgage ? I was thinking instead of paying rent to start and pay my own house but one bank said they don’t accept EAD nor SSN as identification, they asked for any type of visa or GR!
I would really appreciate if you give me any information. Has anyone else had experience with the same situation?
HAPPY holidays!
Hi Tina,
Good thinking. I applied for mortgages while my case was pending. The only one I would get is FHA. They need proof of a past renewal for your EAD. You might need to educate your bank. The underwriter was about to turn me down because she asked for GC or Visa. I called FHA federal mortgage number and I printed the page and submitted it to the underwriter. I have been waiting for my GC for three years after asylum was granted and before that 5 years for my asylum. I’m happy I did not wait because my house now is worth almost 1.5 of what I paid 6 years ago. Good luck.
Some commentors here have received mortgages with asylum pending cases. You may need to shop around to different lenders, but you should be able to find someone to give you a mortgage. Take care, Jason
Same here.
My mortgage was approved while I was in a pending asylum as well and it was close to 7 fig house.
I suppose besides EAD/GC, they also look at how much down payment, your salary, credit score/length, and how many EAD renewals so far without break.
At least, that was the case for me when I couldn’t provide any permanent residency proof except C08 EAD.
Hi Tina,
You should be able to get any type of mortgage, not only FHA. But, as Jason said, you may need to shop around to different lenders, because sometimes they don’t know about Asylum stuff. The only additional thing you need is a Valid EAD. As an asylum applicant, I was able to get a 30-years standard mortgage with 2.75% APR and just a 3% down payment.
Thank you so much for those information EB2 SEEKER. Can you please provide me with bank name that you had good experience as asylum seeker?
Try Clear Mortgage Capitol. Their team is wonderful with 100% focus on customer satisfaction. They have five star reviews on Google. I was in the same boat and they helped me. Good luck!
Jason,
if question 30.b. did you enter the United States lawfully is answered by yes, is it important to respond to the remaining question in this section?
I am not sure what you are referring to, sorry. But the form should tell you whether you need to respond to the additional questions. If you are not sure, it is probably best to respond (or talk to a lawyer for specific advice about the form). Take care, Jason
Hi Jason!
If your asylee green fee is waived by USCIS, can you use that $0 receipt to file for EAD and travel document? Or you have to send another fee waiver for them?
Thanks
I have not done it before, so you should double check, but if you look at the fee waiver form itself (I-912, available at http://www.uscis.gov), it allows for multiple forms, so you should be able to use it for more than one form. If you already filed the waiver and want to use the receipt for the EAD and I-131, I think you should probably send a new I-912, as the fees are different and time has presumably passed since you filed the first fee waiver, and so the circumstances are different. That said, I have never done this, and am not sure. You might also include the $0 receipt and a cover letter explaining that you are relying on the receipt instead of paying the EAD and I-131 fee, but that you are also including a form I-912 if needed. Alternatively, if you are not in a hurry, you can just send the receipt and see if it works. I suspect it will not, but I am not sure. If that happens, USCIS will return the forms to you and you will need to re-file. Take care, Jason
Hi Jason,
Today, I called USCIS and tried to put an expedite request for I-485 application based on asylee. I talked to two persons, they told me their system is not allowing to enter expedite request for my I-485 case. They recommended reaching out Asylum office. Do you know anything about this?
I do not know why that is relevant, but I guess you can reach out to the asylum office. I doubt it will help, but you can try – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
DS-7656, AFFIDAVIT OF RELATIONSHIP (AOR) – RegInfo.gov
SESCTION IIII
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:
May I know what does L, D, U stand for?
Thank you very much for your help.
@AMMAR
L (living), D (deceased), U (unknown).
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
Hello, what does it means if online status says:
“ Decision was mailed”
We reached a decision on your application.
You should expect to receive the decision shortly.
Is that means approved?
As far as I know, that message is for any type of decision, and does not provide any clue about the result. It should arrive by mail soon, and hopefully, it will be positive. Good luck, Jason
Jason, many congratulations for your firm’s anniversary. I hope I am correct on the date. God bless you and your loved ones. You are really a great person that makes you the best legal advisor. I wish you the best in life. Good bless you!
Thank you – I am not sure about an anniversary, but we are still here, so I guess that is good. Take care, Jason
Hi, can I ask a question please? I’m moving to a new place and gonna file AR11 form online. My problem is I don’t want to receive a confirmation mail from the USCIS for some reasons(confirmation email is fine). I searched the AR11 online form and found there is an option asking mailing address different from the new address at the bottom of the AR11form. I’m wondering if I mark it and enter my friend’s address, then USCIS would send a confirmation mail only to my friend’s address but not to my new address or the USCIS would send two mails both to my new address and to my new mailing address at the same time? Do you have any other way that I wouldn’t receive the mail from the USCIS please? Thank you!
I do not know about that, sorry. They often do not send anything by mail at all, but sometimes they do, and I have no idea why it works that way (and sometimes, they send the lawyer mail; other times, they do not). I would guess that they only send mail to a mailing address, but I am not sure. Maybe someone else here has been in this situation and can comment. Take care, Jason
I wish I had known about the health screening; would have saved me $500. I would also recommend reaching out to folks like the Jewish Family Services. They can help with your green card application and citizenship. I will be using them for my citizenship when the time comes. Seems ridiculous to pay hundreds of dollars to fill out a form accurately.
Hi
How health screening would work for asylee is says “Free health screenings, which will help satisfy medical requirements for your future Green Card applications, are available only during the first three months after an asylum grant. ”
An asylee will be able to apply for a green card after one year of residency. If I get the health screening in the first three months I can not use it for the application because it will be 9 months old. You can not use reports for more than 60 days. right?
I think the 60-day rule is currently waived, but that is a recent development and I doubt it will last long. I also doubt they would accept a 9-month old medical exam. If you want to do that, maybe talk to them and see what exactly they offer – maybe somehow you can do part of the exam now and pay for it, and then complete the exam later, before you mail the application for a Green Card. Take care, Jason
Good morning,
As I still pending asylum applicant ( waiting for a decision). How will the dependents be affected if a divorce happened ? Including the children.
Thanks,
Regards,
Children remain part of the case (whether this is affected if you lose custody of the children, I am not certain, but it could be). Once the divorce is final, the dependent spouse is out of the case and can no longer benefit if the principal is granted asylum. The dependent would have to file his/her own asylum case and should do so soon, as once the divorce is final, that person will be out of the case. If they do not file soon, they could be subject to the one-year asylum filing bar (I wrote about this generally on January 18, 2018) – Talk to a lawyer about that to protect yourself, but if you can file before the divorce becomes final, that is safest (assuming the dependent will file for asylum – otherwise, the dependent needs to find some other way to remain lawfully in the US). Take care, Jason
Hi Jason,
highly appreciate your service sir.
I applied my asylum case in November 2016 and still waiting for my interview.
I have some new evidence to support my case.
Where do I submit those? I live in New York.
Do I mail the stuff to Vermont Service Center ?
Thanks
You will mail it to the local office, but you should not do that until they schedule the interview. Otherwise, it is likely to get lost. Once they schedule the interview, you should have a few weeks notice, and you can send all the evidence in at that time (we also bring a copy of the new evidence to the interview, so we can give it to them in case they have lost what we mailed). Take care, Jason
Anyone from Nebraska Service Center got Refugee Travel document approval recently , applied in May 2021 still waiting.
Yeah applied. In Feb22 2021 .. received response from uscis August 12 requesting that I send them a new personal photo.. hope that helps
Applied April 14,2021. Fingerprint applied May 5th. Still no answer!!! Today I checked processing times USCIS. Nebraska Service center I-131 doesn’t show anything!!
It took exact eight months for me. Applied in Oct 2020, received June 2020; NBC center.
Sorry, I meant, I received in June 2021 🙂
Hello Jason,
It’s my initial ead application for the c08 category but I had another ead before in a different category. I have two questions:
1. On the application question 12 (Have you previously filed form I-765?) should he respond yes or no?
2. Should I attach my previous ead to this application? it’s not going to affect my application since it was in a different category.
I look forward to hearing from you.
1 – If the question asks about whether you had a previous EAD, the answer is yes. If the question is about whether you are renewing an EAD, the answer is no, since you are getting a new EAD based on a different category (c-8 for people with a pending asylum case). 2 – We do attach a copy of the old EAD, front and back, even if the old EAD is a different category. Take care, Jason
Hello Jason!
I have a question. My asylum was approved in July 2018. I applied for GC in July 2019. Over 2 year passed no news
My question: recently I was in DMV to change my driving license, they usually give me the ID for one year, but this time they gave me ID with 8 years expiration date. I am surprised and happy. Is it a sign that my GC was approved and I will get a letter soon?
Maybe it is a sign, as sometimes the DMVs know more than the applicants in situations like this. Or maybe the DMV just changed its policy towards asylees. Anyway, it is good news and hopefully you get the GC soon (though do be aware that we are seeing long delays for asylees waiting for GCs, and so 2+ years is pretty common). Take care, Jason
I think DMV has issued your DL based on your form I-94, approval for your asylum case. I am an asylee and I got my DL with I-94, I didn’t provide DMV with my EAD, it was issued for five years. But I have a question, why does my DL (Real ID) still have “Limited Term” written on it, although I-94 doesn’t have any expiration date.
I wonder if that might be an error, but it seems to me that the printed expiration date on the license is what matters. If that is for a long period of time, you should be fine. Though maybe if you have to renew it, you can ask about the “Limited Term” notation. Take care, Jason
Sajid and Nick, the short answer is that your DMV workers have no idea what they are doing. DMVs should be issuing asylees IDs with full validity, and there should be no restrictions on the IDs. Asylees should also be issued the REAL ID if they want it.
Hi Jason. I am an asylee with an asylum-based I-485 (green card) application pending.
I am planning to travel internationally and I am not sure if I only need a refugee travel document (RTD) or I also need an advance parole (AP). I am afraid of having issues entering the US or having my I-485 application deemed abandoned by not having an advance parole.
I have an expired AP (that I never used) that was requested when I filed the i-485. I am waiting for my new RTD since the last one is about to expire but I really don’t want to apply for a new AP because I heard that using it to travel internationally may lead to loosing the asylee status upon reentering the US (become a parolee). Thanks.
The RTD is the appropriate document for an asylee, and it is also a better document than AP, since it looks more official. If you have a valid RTD, you do not need anything else to enter the US. Take care, Jason
Thank you very much for the reply Jason. I understand that having a RTD is enough to reenter the US. But how about protecting my pending I-485 application from being deemed abandoned? Do I need an advance parole (in addition to the RTD) for that purpose? Thanks
No – the RTD should be fine. Take care, Jason
Hi Jason,
Can you please share with us what kind of protection does an asylee or asylum-based PR have when traveling abroad. For example,
1-can a hosting country just decide to deport you to your country of origin regardless of your refugee travel document? (If let’s say the visited country is an aly to my country of origin?)
2- If something happened abroad, do refugees/asylees have the right for consular assistance like USCs?
Basically who will fight for us if we need help abroad? if we can’t certainly get any from our country of prosecution? I feel when we travel to anywhere, we are in this grey area, we are still considered citizens of our country of origin, but what will happen if we were denied entry, or got arrested for example, would they deport us to country of origin or the US?
Thanks!
I obtained my GC based on asylum and few months prior to Covid-19 international travel restrictions I was flying to Malaysia vis china with RTD. When I arrived at the Chinese airport, I was supposed to proceed to the gate of my next flight. However, as a transit passenger I had to go through Chinese Immigration and when I presented my RTD they were not very happy and told me I could not proceed to the airport gate and fly to my destination. After a lot of discussions, they decided to send me to my native country which has good relations with the Chines government. They insisted that I sign some papers which I refused. Since I had a return ticket and asked them to deport me to the US and they said they will not do that. Finally, I asked them that I needed counselor service from the US embassy. After initial reluctance they put me on the telephone with someone from the US embassy. After a couple of hours, a young lady from the US embassy showed up at the airport and checked my documents. She rebooked me on the next available flight to LA. She even escorted me with Chines immigration people to the plan and told me she will remain at the airport until the flight departs. So, I flied for about 15 hours and after 6 hours at the airport I flew back for 15 hours to LA and spent 5 hours at the LA airport and flew again for 23 hours to Malaysia by Qatar airways. At Doha Airport the immigration people were very familiar with the RTD and there was no issue as it was an acceptable travel document according to them.
Thank you for sharing this story. It is very distressing how awful the Chinese government is, in almost every way imaginable. Take care, Jason
Thanks for shining a light. The encounter is horrible.
I have some questions tho regarding China.
1) Why such a horrible country…is able to achieve so much economically ? And it seems their prosperity is ever increasing. Because, usually a country with authoritarian government will observe a lot of … protest, internal conflict and chaos, such…and the country might as well collapse, as witnessed in other countries with authoritarian rule. There is no denying that China is an authoritarian regime. But is its “success” ascribed to it ? And what effective measures are democracies taking to counter the rise of China ? This question is based on concern because China and some others have been trying to establish the causal relationship between their “success” and their regime (e.g. We are successful because we did what we did in the way we did it). That should concern all the people in the world, because if more people are enticed by China and emulate their behavior, there will be a lot more horrible government rising.
2) Does the Chinese government’s awfulness play a big factor in its citizens’ huge success in U.S. asylum history ? It seems historically, asylum applicants from China are overwhelmingly granted. I understand that their situation is more consistent with the framework. But is the framework specifically designed for Chinese or Russian asylum applicants to weaken the eligible opponents, rather than say some other central or south american countries, which the United States doesn’t see as opponents but more as friends or allies ? I say this because, there is a stereotype that’s going about countries, that Eastern Europe has a lot of excellent mathematicians, China has some distinguished physicists or space scientists, or Iran has some nuclear scientists or India has advanced IT talents, they come here to America, seeking freedom and use their talents to build the nation. On the other hand, it seems that Mexico, or Northern Triangle countries are frequently portrayed as most producing gang members, drug lords or domestic violence wife beaters, which doesn’t seem to fit the asylum framework…Such media coverage needs to be corrected btw. But my question is, do you think politics play a role in asylum adjudication ?
Politics certainly plays a role in asylum cases. Also, US law specifically allows for asylum for harm related to China’s family planning rules, and that has also contributed to the number of cases from China. With a repressive government that persecutes people on account of politics, religion, and ethnicity, it is not surprising that Chinese cases have a relatively high approval rate – such cases fit within the legal framework for asylum. As opposed to many cases from Central America, where people are fleeing gang violence or domestic violence, which does not as easily fit within the legal framework for asylum. Take care, Jason
Thanks for the take. It seems China is such an interesting country from the perspective of U.S. asylum.
Personally, I think the Chinese government communicated with your COP. To the Chinese government, it’s like: “how dare you apply for asylum in the U.S.!” Or, “how dare you accuse our ally of persecuting you!” They would have been doing their ally (your COP) a favor by returning you to your COP- possibly for punitive actions to be taken against you for seeking asylum in the U.S. The question should be: why would you transit through a country with an RTD issued from a country that is not really an ally to the U.S. but a friend to your COP?
Asylees need to understand that if they travel to or through countries that have autocratic governments, undemocratically elected governments, countries where corruption is rife, countries that fail to adhere to the rules/principles of the UNCHR (even when they claim to be signatories of the Convention), and or countries that have complicated and ambiguous relationships with the U.S., and especially if your COP has a good relationship with the country you are travelling to or through, there could be the consequence of being deported to your COP.
This is probably good advice. Many countries have zero respect for international refugee law, especially when it comes to people who have received asylum from an ally. Take care, Jason
I actually took a look at the UNHRC.
And it’s been eye-opening. Because I see countries with troubling human rights record … are allowed in as members.
https://en.wikipedia.org/wiki/United_Nations_Human_Rights_Council
Should I consider that the international institution has already been bought out by authoritarians ?
1 – I think a host country can deport anyone that it wants to deport, but most countries would not do such a thing. And many countries have rule of law, and do not arbitrarily deport visitors. Of course, many countries do not recognize the Refugee Travel Document, and so it is more difficult to go to such places for asylees. 2 – I have never had a client need this, and so I do not know how good it it, but the US embassy should help asylees who are traveling with an RTD. They also help Green Card holders (whether based on asylum or something else). Take care, Jason
I agree with you that many countries don’t accept RTD and China is one of them. In my case I was flying with Chinese airline and I was just transiting in China to fly to Malaysia. In LA the Chinese airline people told me there will be no problem as I was not going to China. When I arrived at the Chines airport the Chines Immigration decided that I should be first admitted into the country then I could proceed to my next destination. This sounded very wired and unreasonable as I had less than 2 hours stopover in the Chinese airport. I had traveled to the Maldives using RTD a year prior to that… Maldives is one of the few countries that does not require entry visa for anyone…I had to transit through Singapore….and Singapore does not recognize US RTD as a valid travel document…. when I arrived in Singapore, I did not encounter any problem…I had to stay in Singapore for 9 hours before getting a connecting flight to the Maldives. At the Singapore Airport I was given a special pass for duration of my stay allowing me to get out of the airport if I wanted to…. However, out of caution I opted to remain at the airport…. Malaysia is another country that is not a party to UN related conventions on refugees. However, when I applied for entry visa to Malaysia the only document, they asked for visa processing was a return ticket and copy of my Green card…. when I arrived at the airport I was admitted for a month and I was told that I had the option to renew my visa for another three months provided my document was valid for 6 months at the time of application for visa extension…Chinese communists seems to be unpredictable…
Joey, China is a part of the refugee Convention. Thus, your membership in the Convention assumes an acceptance of the RTD (the RTD is an internationally recognized document, btw). Whether or not a visa is needed with the document is for another topic. China failing to recognize the RTD-even if the document has a Chinese visa or China exempting your COP from visa requirements (which would only require you to present the RTD)- is a violation of their signatory to the Convention. This shouldn’t be surprising since it’s China.
Not surprising at all, sadly. Take care, Jason
Hello Jason,
Thank you for being the voice for the voiceless, my wife and son join me in the US as a derivative asylee. They apply for permanent residence three years + now, the case was originally file at Nebraska center and it was transferred to Texas center for 2 years in Texas center, we received a letter again it has been transferred back Nebraska. We don’t know what’s going on.
1. what should we do? We’re thinking of expedite the case or should we keep waiting it’s close to 4years now.
2. My wife added my last name to her name by changing her previous last name that was in the passport she traveled here with. Her SS and DL since been changed and bear my last name. please can we write to notifiers uscis of the changes? What type of letter should we write ? Just ordinary letter or notarized letter? we don’t have a lawyer. I hope you will help answer our questions. Thank you very much and happy holidays to you and family. Blessings!!
Hi,
I’m not Jason and he will advise you. Just wanted to say, you should be glad that your case was moved out of that hell hole that is Texas Service Center.
1 – These cases are moving very slowly. You can check the processing time at http://www.uscis.gov, but I think they are between 2 and 6 years. It is ridiculous. Given that the case is probably within the “normal” processing time, I do not know that you can do much that will be effective. You can open a case with the USCIS Ombudsman – a link is under Resources and they sometimes help with delayed cases. If you have a reason to expedite, you can try that. I did a post about expediting with USCIS in January 2020. If you try these ideas and nothing works, you might consider a mandamus lawsuit (we wrote about that in the asylum context on October 2, 2018, but the idea is the same). 2 – I am not quite sure how to do that effectively, but you can write a letter to whatever office has your case (as best as you can tell). Include copies of the receipts and proof of the name change, and ask them to change her name. You do not need a notarized letter, but whether USCIS will be able to match the letter with her case, I do not know. If it does not work, she can change her name after she gets the GC or (more easily and at no cost) when she becomes a US citizen. Take care, Jason
Thank you Jason for response, that help.
Hi Jason,
I am renewing my EAD based on Pending Asylum. My husband is still on F-1 status and I am on F-2 status. On form I-765, Page 3, Q 25, it asks about my current immigration status, I wanted to write F-2 there but my lawyer told me that: Since the EAD is based on your pending asylum, putting F-2 there may confuse the reviewing officer. However, I am afraid that if I write “Pending Asylum” there, USCIS might think that I do not have any other valid status (as I am also going to file I-485 based on an approved I-140, I want to claim that my F-2 is still valid). Do you think writing “Pending Asylum” as my current status on Q25 of form I-765 can work against me as not having a valid status when my I-485 based on approved I-140 is being reviewed?
Thank you very much
I think it would not make a difference, but you may just want to follow your attorney’s advice, since the attorney knows your case. Stating that you have a pending asylum case does not negate your F-2 status and so that should be fine. I suppose you can write “F-2 and pending asylum” if you want, or just F-2, but I would not go against the lawyer’s advice until you talk to the lawyer about it. Either way, I do not see how anything you write there will negatively effect your employment-based case. Take care, Jason
Hi guys,
Just looking for help with a situation. I expedited my I 131 document last week and this week it’s status changed to On December ********2021, we received your response to our request for additional information regarding expedite processing of your Form I-131, Application for Travel Document. However, No one asked me for any addition information and I didn’t submit anything. Just wondering what could be going on
Probably the message is an error, but if they expedite your application, that would be nice. Take care, Jason
Hello, i have been waiting for my EAD renewal since January and when i was checking my status on USCIS website was showing me case was received snd notice was mailed but today it shows case is being reviewed by USCIS!, what that mean am i getting my card soon?
I think it just means it’s being reviewed…
EAD renewals are moving very slowly. I believe there is a currently a lawsuit against USCIS to try to improve things. For now, you can try calling USCIS if you have an emergency, like you lost your job: 800-375-5283. You can also make an inquiry with the USCIS Ombudsman – a link is under Resources and they sometimes help with delayed cases. The online messages are not so helpful, and so there is no way to know what those mean. Given how long you have waited, you should receive your EAD soon, but you can never know until you actually receive it. Good luck, Jason
@ASYLE55
Let me guess, Potomac service center is processing your EAD.
Seriously USCIS is so messed up these days. The lawsuit against uscis for delays in EAD renewals has first court hearing tomorrow.
you can listen or watch lawsuit court hearing via link below:
asapmbr.us/tony-n-updates
https://urbanjustice.us14.list-manage.com/track/click?u=5f6653752c18334a87e27f074&id=f288060164&e=8ffcdf4b32
Thank you so much, two days a head i called and filled application with house representatives then my status got changed to that.
Jason,
My friend and I applied for asylum on almost the same date (I applied on 08/04/2021 at the New Orleans office and he applied on 08/09/2021 at the Newark office). He had his interview on 11/30 and I am still waiting for my interview to be scheduled. Why that? Which asylum office schedules interviews faster? Do you think it could affect my case if my interview is scheduled later?
Thanks.
Welcome the ocean of unknown, unpredictable, and hard world of asylum seekers. Read previous entries as much as you can not for the beginning but for whole pack training for what comes next
It is completely random and unpredictable. That said, in my experience, the New Orleans office has been very responsive to expedite requests, and so maybe you want to ask them to expedite your interview. I wrote about expediting on March 30, 2017. Whether it takes a long or short time to interview a person does not really affect the case, unless circumstances change, making it more or less dangerous for the person to return home. Take care, Jason
@TERRANOVA
You and a million other people are asking the same question. It’s all random, no body knows.