There’s never a lack of bad news to report in asylum world, but it’s almost the New Year, and so I’d rather focus on the positive. A year ago, I wasn’t sure whether President Trump would even leave office, but–fortunately for our democracy–he did. At the time, immigrant advocates were hopeful that President Biden would reverse many of the bad policies enacted by his predecessor. While change has been slower and less consistent than expected, there are certainly positive developments to report.
Most obvious is the general attitude towards asylum seekers. During the Trump Administration, officials from the top down viewed asylum seekers as fraudsters and criminals who were intent on cheating the system. While many of the lower-level appointees from the Trump Administration remain, the overall attitude towards asylum seekers is certainly more balanced and respectful. The tone from the President and his leadership team is also more positive. And that makes a difference “in the trenches,” where decisionmakers are more willing to grant relief when they don’t feel that such a decision goes against their bosses’ preference.
There have also been some positive changes in the substantive law. Several Board of Immigration Appeals and Attorney General decisions from the prior Administration have been undone, and the state of the substantive asylum law has largely returned to where it was during the Obama Administration. One notable exception here is the U.S.-Mexico border, which remains a mess. Title 42, which excludes certain asylum seekers based on the ongoing health emergency (the pandemic) is still in effect, and the Migrant Protection Protocols, which forces asylum seekers to wait in Mexico for their court hearings, also remains in effect (the Biden Administration attempted to end MPP, but it was reinstated by a federal judge).
Another substantive change has involved refugees. The prior Administration had slashed refugees admissions, largely gutting that important program. The Biden Administration has (somewhat reluctantly) increased the refugee admission “ceiling” to a level higher than we have seen in over two decades. Given the pandemic and other obstacles, it is unlikely that actual admissions will approach the ceiling, but it is important for the U.S. to show leadership with regards to refugees, and so the increase is good news.
Also, of course, the Biden Administration reversed the “Muslim Ban,” ending a shameful and discriminatory policy, which had far wider implications than simply blocking certain people from obtaining visas. Indeed, the ban was a blatant attempt to divide “real” Americans from “others” and this caused (and continues to cause) harm to those affected, as well as to our international reputation. Good riddance to that bad policy.
Enforcement priorities have also been changed, so that interior enforcement for noncitizens without criminal issues is no longer a priority. Worksite raids have also supposedly ended, as have enforcement actions at churches and courthouses. Hopefully, this will focus ICE’s attention on bad actors and leave otherwise law-abiding noncitizens in a more secure position, so that they can pursue available remedies without fear of detention.
On a more personal note, 2021 saw the publication of my new book, The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity. The book provides guidance to asylum seekers and advocates about how to navigate the dysfunctional asylum system. Profits from the book have been going to immigration charities, and so if you buy a copy (or two), you will learn something about asylum and support a good cause (and yes, I will continue to bug you about buying the book next year, so get used to it).
We also saw some success with our efforts lobbying Congress to help affirmative applicants with long-delayed asylum cases. As a result of our efforts, 40 members of Congress wrote a letter to DHS and USCIS expressing concern about the delayed cases, and requesting that the Asylum Office prioritize the oldest cases. These efforts will continue in 2022 with the U.S. Senate, and hopefully, some of this will bear fruit in the new year.
Finally, and most importantly, a number of our clients were approved for asylum at the Asylum Office and in Immigration Court. In December 2021, for example, we received approvals for several Afghans–including a very prominent journalist–as well as the relative of a Rwandan political opposition leader and a “mixed marriage” (Christian-Muslim) couple from Bangladesh.
So there were positive developments in 2021, both at the national level, and in my own practice. To some extent, I know that I am trying (and not necessarily succeeding) to convince myself that things aren’t so bad. But it is important to see the good as well as the bad. It is important to have hope. I am hopeful–and I believe it is a realistic hope–that the Biden Administration will hit its stride and that we will see some real improvements in the coming year.
Happy New Year and all the best for 2022!
Hi Jason! About a year ago, I got an internship and filled out form I-9. After that, I got a call from the HR department to change “Section 1 An alien authorized to work” expiration date from mm/dd/year to N/A. I changed it to N/A, signed, and sent. Did I make a grave mistake? I no longer work there. The company participates in E-verify. My EAD was valid during an entire internship duration, and I am on pending asylum.
I do not see that this is an issue, especially given that you had an EAD while you were there. Also, if this internship was unpaid, you do not even need an EAD to intern there. Take care, Jason
Happy New Year Jason!
I have a few questions please. I am applying for my EAD after waiting 365 days as an Asylum seeker, I would just like to know will I be receiving my social security at the same time? There is a question on the EAD form that asks if I need a social security, the form states that they will send the forms to the SSA. I just want to be sure that I will receive the SS before I can apply at the SS offices.
Another question, do I send my forms to the TEXAS offices although I stay in Washington State?
If you complete the part of the form about an SSN, you will receive that (usually shortly after you get the EAD itself). As for the address, you have to check the Direct Filing Addresses for your category (presumably c-8, asylum pending) on the I-765 page at http://www.uscis.gov. Take care, Jason
Hallo,
Thanks for your kindness Jason, and for giving us this platform.
My case was granted in court by the judge in Nov 2021. I then got the i94 from the USCIS office. From there I was told that I can now get a new social security card that does not have conditions on it.
Now, I have tried numerous times to reach my local social security office so I can get a new card but they never answer their phones. It is impossible to book an appointment. Has anybody dealt with the social security office lately, what was their experience ? Any advice will be highly appreciated.
I do not know how best to reach them, or if maybe you can go in person, sorry. There was a post we did on December 15, 2021 by a group called HIAS with their contact info. They help asylees with issues like this. Maybe you can contact them and they can help. Take care, Jason
Hey Jason,
Hope everything is fine with you.We talked last week about my interview thanks for your response.
Jason do you have any idea about the approval rate of NY asylum office since 2021.
Look forward your response.
Regards
Jhampa
May I ask which country are you from ?
For different countries, the approval rate is different. e.g. for Asian (China, India, Russia) countries, they seem to be much higher than Latin American (Mexico, Northern Triangle) countries…
However, there has never been data breaking this down by asylum office, so (as far as I know), it would be impossible to know the grant rates at each office for asylum seekers from Honduras, for example. Take care, Jason
The latest data I have seen, I posted on February 5, 2020. I do not think they have released newer data yet – the Trump Administration stopped releasing their quarterly reports and the Biden Administration has not yet resumed those. Take care, Jason
Hi Jason! I would like to hire you. What is my next steps?
Thank you – you can email me to let me know what you need: JDzubow@DzubowLaw.com. Thank you, Jason
Hi Jason,
If somebody renews their home country passport, How would the USCIS/DHS know about it if we do not share a copy of the new passport with USCIS/DHS.
Is there a way that uscis/dhs would know if we renew our home country passport but not use it for travelling????????
Probably they would not know, but I am not certain. Also, at certain points in the process, they ask to see all your passports, and so if you do not show them the passport and they learn about it (or somehow know about it), that could be viewed as a fraud and create real problems for your case. Take care, Jason
Hi Jason and community,
Do you know if someone who is waiting for the asylum decision is set for a second interview if his online status would go back to “Interview Is Scheduled” from “Decision Is Pending” or it will remain as pending till a decision is made? Thanks
Maybe someone else who pays closer attention to the online message would know for sure, but I would expect the status to indicate that an interview is pending for a second interview, as it does for in the initial interview. Take care, Jason
Hi Jason,
i’m an afghan citizen who lived in US for more than 8 years, i applied for asylum myself without the help of any lawyer, im a citizen now! and i have helped many of my friend helped them with their asylum application and workpermit and GR application, and i m a public health professional by profession. currently working in IRC helping refugee as well, i’m planning to open a consultancies to help refugee with their application, My question is whether i can do that without any immigration educational background since im not an attorney. or what is your suggestion to enable me to do basic immigration practices.
my other question would be, what would the be the the future of these new evacuee from Afghanistan who came here and got two year huminitarian visa…. ( will they get refugee status or they all need to apply for asylum)
appreciate your input for my above two question
thank you
It can be tricky to do this, as you are not allowed to practice law without a license, and so you have to be careful in how you establish such a consultancy. The best way may be to partner with a lawyer, just to provide yourself with some protection (the technical term we lawyers use is COA – cover your ass). If you want to be independent, you should at least be aware of the rules about non-attorneys giving legal advice and try not to cross those, since there can be serious consequences (including, in rare and egregious cases, jail time). There is also a way to become a “BIA accredited representative”, but you have to somehow be affiliated with a non-profit (though I forget the rules on that – you might take a look at EOIR Form 31 and 31A, which relate to that). In terms of the evacuees, I did a post on October 14, 2021 where I talk about that issue, but many of them will need to seek asylum unless Congress creates a path for them to get permanent status here. Take care, Jason
Hi people on this forum and Jason, is anybody received a expedited refugee travel documents? If yes than how to apply for the urgent one and what is the fastest time period anybody got that, anybody’s feedback is welcome and also will be helpful. I have received advance parole twice on extremely urgent conditions and need to know if refugee travel documents can be received as-well on the same day, As AP can be received in same day if they approved.
Thank you.
It is possible to expedite an RTD, but I do not know of an example where someone got it in one day. These days, RTD processing time is probably 10 months, assuming you cannot expedite. I wrote about expediting with USCIS in general in January 2020, but if you succeeded in expediting AP, you probably want to repeat what you did for the RTD. Take care, Jason
I hope you are doing well. IlI have filed I-131 for my parents(from Afghanistan) but USCIS is asking me to appear for biometric in a few weeks. I am confused. Is it a misunderstanding or mistake from USCIS ? Please help and advise me accordingly.
I-131 or I-130 ?
You filed for Humanitarian Parole for them? If so, I do not know why they would need your biometrics. The I-131 form does many things, and so maybe USCIS thinks you filed for something else? Maybe check the form to be sure you indicated you were applying for Humanitarian Parole for your parents (presumably, there should have been on I-131 form for each parent). Otherwise, if they want your biometrics, you should attend that appointment – maybe it is for some other case that you have pending? Take care, Jason
Hi’Jason,
Yes I applied for my parents. I do have pending asylum case but biometric notice I received is carrying receipt number of of i-131 which matches my dad’s i-131 receipt.
Thank you
It seems strange, but I guess you should attend and see what happens. I do not know why they would need your biometrics for his case, but failing to attend could result in the application being denied, so I guess you should go. Take care, Jason
Jason,
Can I move my individual hearing from one state (TX) to another (NY) Do I get the same date or different?
Thanks
No, you will not get same date and you case will be pushed to the end of the backlog so be prepared to wait additional 2-3 years based on judge’s docket.
If the case is moved to a different court, you will get a different date with a new judge. Usually (but not always), this causes delay. Take care, Jason
Hi Jason
I am an asylee with RTD and I wish to visit India for a tour.
I tried to visit their website for more information on how to get a visa but did not see much information.
I also read that India didn’t sign the 1951 United Nations Refugee Convention.
So, I am wondering, if you know or heard about an asylee getting visa for India using RTD?
I do not know – Maybe you can email their embassy to ask. If not, you can use your passport to visit India and return here with the RTD. There may be some risk in this, if you fear your home government (you will need to explain why you used a passport issued by a government that you fear). If you fear non-state actors in in your country, there should not be a problem using the passport. Take care, Jason
Hello,
Two roommates live in the same household and are from the same country. Both of them expedited their asylum interview and the interview is in three weeks in the same office on the same day. Do you think it will raise some suspicion that two people from the same US address and home country are appearing in interviews on the same day and both expedited? it was purely coincidental and the office happened to approve their expedite request together. Thanks!
The asylum office may know about this, but it sounds pretty normal to me. I imagine one roommate said, “I am going to expedite my case.” And the other roommate said, “Good idea – me too!” and that is how it happened. They should be prepare to explain what happened, but otherwise, I do not see anything suspicious about this. Take care, Jason
@ASYLUM KHAN when my friend had an interview, the officer asked him about other person who was living with him in the same apartment and also had applied for asylum.
I would not worry about this. They are not assessing expedite inquiries with the origin address of the address. The reason for your submission and the supporting documents you provided. That’s it.
I am derivative asylee. I did apply for my GC more than a year ago at NBC. I will have my GC interview next month. What do you think about this interview? What type of questions they will ask? Yours or others who have had experience of this interview could kindly provide answer. Thank you in advance.
They are supposed to be interviewing all adjustment cases, and–even though they do not–it is normal to have such an interview. Review the I-485, as they will ask you many of the questions on that form. They could potentially ask about the principal applicant’s asylum case, so it would not hurt to familiarize yourself with that case. Also, remember to ask for clarification if you do not understand a question, and say you do not know or do not remember, if you do not know or do not remember – don’t guess! These interviews are usually pretty easy and fast, and hopefully that will be the case for you. Take care, Jason
I kindly need explanation as regards EADR. I applied for my renewal since June 2021, notice of action was received…renewed my licence with an extension of six months…the extension is about to end next month and I have not received my renewed work authorization. What can I do or which document do I need to renew my licence just incase I didn’t receive the card before the expiration or what do I need to do. Kindly advice. Thank you
Most everyone is facing a long delay to renew the EADs – I hear that the average wait is now 10 months, which is ridiculous and unacceptable. Whether you can renew the DL without a valid EAD, I do not know, as different states have different rules, but as far as I have seen, most states require a valid EAD. In terms of that, you can try to contact USCIS to issue the EAD – you can call (800-375-5283) and tell them that there is an emergency – you are losing your job, can’t pay bills, will become homeless, etc. It seems you need a pretty extreme reason to convince them to do their job. Take care, Jason
Jason,
Happy new year and thanks for your support.
For the initial c8 ead application, is it necessary to attach the I-589 receipt notice and the biometric fingerprint-proof?
The receipt for certain and there is no harm in also including a copy of the biometrics. Take care, Jason
I don’t have I-589 receipt but I have the document where they invite me to do biometrics, is it enough?
It should be enough, but you can also go to http://www.USCIS.gov and check case status using the receipt number on the biometric notice. That will give you a web page stating that the case is pending. Maybe include that as well (I think you will need to give two screen shots – one with the receipt number entered into the online form and the second showing your case status). Take care, Jason
Hi Jason! Big fan of yours! Can you please answer my question. I forgot to renew my EAD and I’m planning to send the i765 form as soon as tomorrow. Do you happen to know how long it takes *these days* to receive receipt notice so I can show it to my employer for the automatic 180-day extension? My current EAD is valid until 11th of February. Do you think I can make it? :((
@DAVID it takes up to 1 months to get a receipt. (I got mine in 1,5 month). And up to 11,5 months to get a new EAD (depends on the processing center).
That’s quite a long time…
Do you mind me asking, so when you receive your EAD, is the starting date one day after your old’s expiration or…whenever their approval date is ?
It’s approval date of course.
Thanks !
Wow, I feel that, in this case, it is actually a gain I feel ? You gained around 6 months of additional authorization due to automatic extension.
That’s a good thing 🙂
I think you will get the automatic extension if you send it tomorrow, and probably you will have the receipt before February 11. Most receipts are taking maybe 3 or 4 weeks. Also, if you pay by check, you can get a copy of the cashed check from your bank and it should have the receipt number stamped on it. You can then enter the receipt number into the http://www.USCIS.gov website to show that the new application is pending, and you can show your employer the USCIS web page which indicates the automatic extension (https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension). In this way, you might be able to extend your employment eligibility even if you do not get the receipt soon enough. Take care, Jason
Thank you for the answer! Do you know what happens if I don’t receive a new card by the end of the 180 days? Is there any further extension from there?
following, does that mean, the person will lose their job ?
Yes i lost my job last week cause my extension expired and i have been waiting since January 13th last year and case status shows case is actively being reviewed by Uscis and i think i will never get my card.
My extension will expire on MAR-23 2022, I applied for EAD on MAR-30 2021, waiting close to 10 months now since Potomac is taking so long…..I am planning to quit my job once and for all and use my savings to start my own business…….USCIS does not necessarily penalize you for running your business on pending asylum…..
There is no further extension. Maybe that will change, since there is a lawsuit against USCIS about the slow processing times, and extending the EAD for a longer time based on the receipt would be one way for the government to resolve that lawsuit. Take care, Jason
That lawsuit about pending asylum EADs, the judge has denied the class action motion for it.
I have mixed feelings about this, and a little angry.
I am not angry about the asylum EAD delay. In fact, for some people, I support the idea that they not get work authorization.
But…I am worried about this double standard in terms of different categories of employment authorization.
Is it the case that the INS is differentially treating I-765 applications based on categories ? Are H1B/H4/OPT more favored by INS than … say C8/C18 EADs ?
Different EAD categories are processed at different speeds, but for c-8 EADs, there are extra requirements (related to criminal history) and this may be responsible for some of the delay. Take care, Jason
HI, David,
I’m not Jason but wanted to share my experience. After USCIS received my application, they took money from my account the next day(that’s how I knew it was processed already at the lockbox) and I received my receipt in ~ 2 weeks.
Could we expect a single government agency in the world that is not money-oriented 😂
Happy New Years everyone I hope 2022 will be the year everybody want it to be, I have been approved for asylum at Virginia Office and I have applied for my I 485 on May 2018, they have been pushing the processing dates for approved asylee i 485 cases back and forth and it’s really confusing to estimate the day or month I will get a response from uscis so my question is should I apply for outside normal processing time ( I did this twice already in the past but it was fruitless and disappointing) or be optimist and wait for the good news anytime now. I also applied for advance parole but I noticed they have pushed the processing time from 9 months to 13 months, even though it is not emergency treatment I had a schedule in turkey for medical treatment so is there any way I can expedite my process or if I leave the USA with out my green card and abandon the whole i485 application, would USCIS process a new I131 application as asylee grant (which takes 5 months) and mail it to the US consulate abroad?
Time frames are very unpredictable – if you inquired with USCIS previously, you can try the USCIS Ombudsman – they sometimes help with delayed cases and a link is under Resources. As for Advance Parole, you should not be applying for that if you have asylum. Instead, you should apply for a Refugee Travel Document (using the same form, I-131). I am not sure about processing times, but last time we applied for an RTD is took around 6 months. You can try to expedite that request – I wrote about expediting with USCIS in January 2020. Take care, Jason
Hi Jason,
RTD Nebraska office for asylee processing time is now 13 months! I apply for renewal of RTD on April 14th. Yesterday the Uscis Nebraska has changed I-131 processing time again now is 13 months . I had been waiting since 9 months every month they make add more on that. This is unacceptable!
If this comment had audio, you would hear me screaming (ok, I am not literally screaming, since my family is still asleep, but mentally, I am). It is just so shocking and unbelievable that USCIS can’t seem to do anything right and everything (except possibly citizenship cases) seems to be an utter disaster. I really want to root for this Administration, but so far, they are not making it easy. Take care, Jason
Jason, very great point! Contrast them with the Steven Miller, Sessions, Kirstjen, Kevin, Tracy, etc. These people hit the ground running! Let me tell you- they achieved a lot!!! They wreaked havoc in the process, and the fear was most palpable in some communities! Jaddou, Garland, Mayorkas… on the other hand are, for all intents and purposes, absent or missing. The Executive (the White House) unambitious, unenthusiastic and underwhelming! They are arguably the most ineffective! So disappointed. One year in and NOTHING! There is not much time, contrary to what Dems believe, to do anything, really.
I still want to believe in them, and I have not yet lost hope. I think it is a lot easier to burn the house down than build the house, and so I guess it is not surprising that things are moving slowly. That said, things now are worse than I’ve ever seen them and so maybe my hope is delusional. But still, I hope. Take care, Jason
I am sorry you feel that way.
So after one year into this administration, relatively, do you hope that this administration get a 2nd term or the previous administration strikes back ? Which will be better to asylum seekers ? or … it doesn’t really matter ?
I certainly do not want to see a return to a Republican Administration, especially given the current state of that party. I also hope the current Administration can find its way and make more positive change. Take care, Jason
Hi Jason,
Do you know if the officers who are doing AOS interviews from asylum to greencards are the same, that are doing initial asylum interviews or different ones? tnx
They are different – asylum officers are specially trained in asylum. The officers who do adjustment cases are USCIS officers, but they are not asylum officers. Take care, Jason
Hello and happy new year to all of you guys, i had my Individual hearing December 2020 and cause covid git postponed this year February and around 4 month ago my case got transfer from LA court to Santa ana court which is new court and still has not been assigned to any judges and almost next month is my hearing you think is going to be postponed again?, or you think still have enough time if judge assigned these days for ordering background check and reviewing my case?
Many cases are being canceled, but a good number are also going forward. You should prepare for your case as it very well may go forward. Unfortunately, there is no way to predict whether a particular case will occur of be rescheduled, so it is best to be prepared. Take care, Jason
Thank you Jason for your efforts.
I have a pending asylum case at court waiting for the first hearing ( it keeps postponed for years)
Can I submit a prosecutorial discretion then I file the family petition and adjustment of status with USCIS like normal process after PD gets approved and before my court hearing?
Or do you recommend me to wait until the court hearing?
I am not sure I understand the question, but if are eligible to adjust status based on a family relationship, such as marriage to a US citizen, there is a process to do that, and you can do it before the first hearing. Talk to a lawyer about that. Also, I did a blog post on August 6, 2018 that might be helpful. Take care, Jason
Thank you for your reply
Sorry if I wasn’t clear, My question is
Can I request a prosecutorial discretion before I have an approved I 130? Then I continue my AOS with USCIS instead of court?
Thank you
You can try, but at least with the cases I have done, DHS wants to see an approved I-130 before they agree to PD. In most cases, they also want the person to pay the fee for the I-485 before they agree to dismiss. Take care, Jason
I’m so grateful for your help
One last question if you don’t mind,
If PD got approved
Will I be able to renew my EAD ( continue working) at least until the I 130 approved?
If the case in court is dismissed, you cannot renew your EAD. This is one reason to wait until the I-130 is approved. Once you file the I-485, you can get an EAD based on the pending adjustment, but after the case is dismissed, your c-8 (asylum pending) EAD is technically invalidated and you cannot renew it. Take care, Jason
Thank you for your reply
So there is no renewal for EAD Even if the DP request was for case administrative close not termination?
Thank you
If a court case is administratively closed, it is removed from the docket, but remains alive. In that case, you should be able to renew the EAD. However, if the case is dismissed or terminated, it is closed and there is no longer any case pending. In that situation, an asylum applicant could not renew the EAD, since there is no more pending asylum case. Take care, Jason
Thank you for reply back
So my understanding is “if the case is administrative closed. I can still adjust my status with the USCIS like normal process as if l’m not in removal proceedings plus renewing my EAD if needed?Am I right?
Thank you
You can adjust status with USCIS, but if your EAD is based on asylum pending in court, you will not be able to renew once the court case ends (and indeed, your EAD will automatically become invalid once the court case ends, since there is no more dependent asylum case and you have the EAD based on a pending case). You could apply for an EAD based on the pending GC with USCIS, and once you have that, you can keep renewing it until the USCIS case (hopefully with you receiving a GC). Take care, Jason
Hi Jason,
My asylum is pending for 5 years and I will complete a Masters in Public Health in May 2022. Do you think that I can use the MPH to apply for National Interest Waiver/ Employment-Based Immigration: Second Preference EB-2. What’s your opinion on this? Do you do this kind of case?
Thanks in advance for your response.
Maybe – you need to show that your work is in the national interest, which I imagine is the case. I think it may not be easy to meet all the criteria since you will only just be graduating in May and might not have a long track record of accomplishments to point to. Also, in order to apply for the GC, you need to be “in status” – on an F or J visa (though if you have a J visa, you may need a waiver). I wrote about this issue on August 28, 2018 and September 6, 2018 – maybe those posts would be of interest. We do some EB-2/NIW cases, though I am pretty conservative about which cases I am willing to take on. You can email me for a consult if you’d like (jdzubow@dzubowlaw.com). Take care, Jason
Hi Jason, I have MAD respect for your support.
While my asylum decision was pending, I got married to a US citizen. My case just got approved too. looking long term, I know I have to wait for a year to be eligible to apply for GC. My question is If I get my GC through asylum, can I still apply for neutralization 3 years later through marriage? or the 3 year wait for neutralization process only applies if the GC is earned through marriage as well?
Sincerely!
Asylee
You do not have to wait if you get the GC based on the marriage – you can file that at any time. You can only qualify for the 3-year naturalization if you get your original GC based on marriage to a US citizen. If you get the GC based on asylum, it will be back-dated one year, and so it will only take 4 years (not 5) to be eligible for a GC based on asylum. You might be better off doing the marriage case, as the GC backlog for asylees is very long at the moment, and so overall, the marriage-based GC is likely to be significantly faster for you (and citizenship will probably be faster as well). Take care, Jason
Hello jason,
I have few questions
1. I filed for asylum in October 2016, along with my family, including my mom, who is having health conditions. The wait itself is depressing and her health issues have gotten worse because of all the depression. Can my mom expedite her case with all these reasons?
2. I did my master degree and i am going to graduate in may, 22. Can I sponsor myself for a green card? I was reading somewhere if u have advanced degree you can sponsor yourself.
3. My brother started his own business can he sponsor himself for a green card?
Regards
Hi, hope you are doing well. May i ask please ,did you paid your courses for your Master out of your pocket or did you got help from Government like financial aid …Thank you
Hu, I’m not RAIHASHEERAZI, but I can share my experience with you.
first, CUNY and SUNY accept asylum seekers and you can get instate tuition if your EAD is valid or if you have the extension letter. If you are in good standing after the first semester, the school can offer you some kind of scholarship.
Second, Columbia University has a program where they offer a full scholarship for displaced persons including asylum seekers and refugees.
I hope this is helpful information.
Thank you very much Asylee. God bless you!
1 – A health problem can be a strong reason to expedite. I did a post about that on March 30, 2017 – maybe that would help. 2 – Maybe, but you have to show that your self sponsorship is in the national interest (this is called an EB2 National Interest Waiver, where EB means Employment Based). Talk to a lawyer who does such cases to see whether you might qualify, but for a newly minted Master Degree person, it will probably be difficult to qualify, so be careful about any lawyer who tells you that it will be easy. 3 – There are different ways to do that and he will need to talk to a lawyer about his options, but again, be cautious. Also, I did blog posts on August 28, 2018 and September 6, 2018 related to getting a GC based on employment while asylum is pending. Take a look at those, as they might give you some guidance. Take care, Jason
Dear Jason,
Happy Holidays! Thank you so much for your great website. The help and support you provide for asylum seekers is really fantastic. I have two questions. First, I have been a derivative asylum seeker for four years. My married son is going to be a US citizen soon. I wanted to see if he can file an I-130 petition (petition for alien relative, or family-based green card application) for me.
Second, If he can, then while filling out the I-485 form for adjustment of status, question number 27 asks “What is your current immigration status?”. How should I respond to this question? In other words, what is the immigration status of an asylum seeker?
I would be grateful if you could answer my questions. Thank you very much for your help. I appreciate it.
Best regards,
Sara
1 – If he is over 21 years old and a US citizen, he can file for his parent. Whether you can get your GC based on that, I do not know, but if you entered the US legally, have not had any immigration issues (like removal orders), and no criminal convictions, you are probably eligible. Maybe talk to a lawyer to be certain. 2 – You might list the status you entered on, but note that it is expired. You can also note that you have a pending asylum case. You might also write “see cover letter” and explain in a cover letter about your original status and that you have a pending asylum case now. As long as USCIS does not think you are trying to hide something, you will be fine. Take care, Jason
Thank you very much for your reply, Jason. I appreciate it. I entered the US legally with a F2 visa. Before the expiration date of the F2 visa, I applied for asylum as a dependent. I do not have any immigration issues. I do not have any criminal history. I wanted to see, if determined eligible for a family-based green card, should I leave the US? Do your office accept and work on such cases? Thank you so much again for your help.
Best regards,
Sara
It sounds like you probably qualify and would not have to leave the US to get a GC. Our office does such cases – you are welcome to contact us if you’d like (jdzubow@dzubowlaw.com). Take care, Jason
Processing times have been updated and they are still rising. What is wrong with the Biden Administration? Is it clear incompetence or Laisser-Faire?
I have no idea. It may be partly due to problems left over from the old Administration combined with the new Covid surge, but these seem like lame excuses. Especially in terms of renewing EADs, I see no reason why that should take more than 5 minutes. USCIS needs to address the regulations put into place by the last Administration that focus on fraud and return those to how things were previously. These regs are next to useless for detecting fraud and they contribute to the long delays. Why it is taking so long to simply change regulations back to how they were before, I have no idea. Take care, Jason
Dear Jason,
I’d like to thank you the beginning of 2022 for being with us during this tough season of our life. I pray for you and your family a lot because of sharing your immigration knowledge unconditionally and free especially when I read your book and regretful because of my lack of knowledge when I applied my asylum case many years ago.I hope every asylum seeker has your book and read it before filling the case .Anyway,I applied June 2015 in Los Angels and my two sons who were 10 and 1.5 years that time. My husband is out of the country and I requested to expedite the case during Trump’s presidency and it wasn’t approved due to family separation,then I haven’t interviewed yet. I wanna ask you to give me advice now . My older son turns 18 this month.Can he file a new case for himself after 8 years of our arrival to get sooner interview? He has come with me during these years to church and practices the religion also volunteers as an active member in teen’s community over there.He has been suffering from the family separation too.If he starts filling a case now can he still be under my name or I have to remove his name after filling out his new application? please let me know what’s the best action I can do to get interview sooner.
He should be able to file his own case, and since he was under 18 and also a dependent on your case, he should not have a problem with the one-year filing bar (I wrote about that issue in January 2018). I am not confident he will get a faster interview, but he can try – I believe there is a new way to file for people who were previously dependents on other cases. Check the I-589 instructions, available at http://www.uscis.gov, but I think he will need to file at an office in Atlanta, Georgia (though the interview will still take place in his local asylum office). Also, he should be able to remain a dependent on your case, even if he files his own case. Take care, Jason
Hi, I am waiting for a decision since 2 years ago with the “Application Is Pending” label in the Chicago office. Today under my status a new message appeared saying the case was last updated 190,000 days ago. What does it mean?
It seems like an error, since USCIS was not doing much 500 years ago (though see my Thanksgiving post from last November for more on that point). You can always email the asylum office to see whether there is any news – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Jason,
Below is a message from Ombudsman office for a case assistant request of my i730 pending case;
“The Ombudsman’s Office has received a response from USCIS stating that a decision was recently issued regarding the application or petition referenced in your request for case assistance. If you do not receive the decision notice within 30 days, please contact USCIS at 1-800-375-5283 or submit an E-Request online at http://www.uscis.gov/e-request.
Because USCIS has acted, our office will be closing this matter. We hope you find this information to be helpful. Thank you for giving the Ombudsman’s Office the opportunity to assist you. “
But, the USCIS update on my case is just being said, Case Was Transferred And A New Office Has Jurisdiction. I am a bit confused about the ombudsman message and my case status?
Thanks,
Sambod
Hopefully, the message means a decision was issued and that you will get it soon. As the message notes, if you do not get the decision in 30 days, you should try to contact USCIS (this is not easy). You should also reach out again to the Ombudsman. Take care, Jason
Brother Jason,
I just got the update my i740 petition is APPROVED !
Petition was filed in July 2019.
Thank you so much!
Maybe you mean the I-730, to bring a family member to the US (or if the person is already in the US, give the family member asylum status). Congratulations and thank you for sharing the news and the time frame. Take care, Jason
Jason,
Yes I mean i730, follow-to-join,
Thanks
BTW if anybody is interested in applying for EB2 while asylum interview is pending can read the discussion at the below link. It seems a few people were successful in doing so.
https://www.trackitt.com/usa-discussion-forums/i485-eb/58096461/eb2-case-pending-because-of-pending-asylum
Jason,
A few people apparently used the below memorandum in their Adjustment of status applications through the EB2 process while having a pending asylum case.
Consolidation ofGuidance Concerning Unlawful Presence for Purposes of Sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) ofthe Act
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjIoK30nZf1AhUPXc0KHSukCYUQFnoECAkQAQ&url=https%3A%2F%2Fwww.uscis.gov%2Fsites%2Fdefault%2Ffiles%2Fdocument%2Fmemos%2Frevision_redesign_AFM.PDF&usg=AOvVaw2mfosGBc5ER5gPC92t0yJN
Depending on the case, it is not so easy, and so it is the type of situation where a person would do well to consult a lawyer about the specifics. Also, so you know, I have taken down some posts by the other commentor (which has resulted in some of your comments coming down as well), as this person has raised this issue multiple times before and I have already informed the person that I would be taking down posts that I deem unhelpful to the group. Take care, Jason
Thank you Jason, That’s fine and understandable 🙂 🙂 🙂 . BTW why can’t I use my original alias “Oscar” to post comments anymore.
What did I do this time LOL 🙂 🙂 🙂
I have no idea – Maybe someone stole your alias when we weren’t looking…
:p
lol 🙂 🙂
btw the above message with the emoji is not mine, not sure who posted it using my alias…pretty weird
I want to ask about the possible developments of 2022.
So, even though the media says that Biden is doing poorly, I still think he is holding strong and … his administration did deliver a lot, as it was said in the title, it could have been worse.
However, in the light of looming 2022 election. Could we expect the administration moves to the middle, in order to placate moderates and independents ? I say this because I have already gleaned that, it seems there is a hint that the administration is stepping back recently, re-instituting MPP and not compensating family separation…So, could expect even less, or at all, progress in 2022, in the hope of maintaining majority ?
And then in 2022 November…let’s just say Republicans retake both chambers. Will it affect immigration court and INS adjudications ? The judges will be more difficult to be confirmed ? so will be the DHS/DOJ officials ?
The question sums up to be…in 2021, it could have been worse…in 2022, could it be actually worse ?
We heard of many promising acts/laws that were promised to be passed in this year but nothing really passed like the U.S. Citizenship Act of 2021. All such acts that could have provided relief were ignored.
I doubt biden has achieved or done anything promising for Asylum Seekers this year. USCIS on the other hand is operating much worse than before.
I don’t think anything got achieved by the democrats this year only empty and fake promises at best.
That’s unfortunate I guess.
Jason : I have questions please If you could answer them.
1: After granting PD by Judge, dismiss the case and sending it back to USCIS to adjust the status on the Marriage basis means the non citizen would still be considered in removal proceedings? Asylum case is on Hold , while It has been 33 months waiting for I-130 interview to be scheduled.
2: Am I eligible to apply for Advance Parole in that scenario? Travel and come back safely?
3: I-485 HAS not been filed yet. Is it a good idea to file I-485 right now while I-130 has been pending with USCIS from 33 months and they don’t care. Contacted senators 3 times, congress office 2 times and one time Ombudsman office, No result.
Thanks
1 – For USCIS to have jurisdiction over the adjustment case, the Immigration Judge must dismiss or terminate the court case. PD can result in a dismissal, but it can also result in administrative closure. In the latter case, the asylum is still pending, but the case is removed from the docket. In the case of dismissal, the asylum case is finished and the person can adjust status with USCIS, but this person cannot renew an EAD based on asylum pending, since asylum is no longer pending once the case is dismissed. 2 – If the case was dismissed and you are now before USCIS for the adjustment, you can file for AP along with your I-485 (and it is common to file for AP using form I-131 and a new c-9 EAD using form I-765; in that case, you get an EAD that also serves as an AP document). 3 – It is strange that the I-130 is that slow (assuming here that the I-130 is based on marriage to a US citizen). If the court case is dismissed, you can file the I-485 (and the I-765, I-131, and other documents) with USCIS even if the I-130 is not approved. That would be common, and I think if you review the I-485 mailing addresses (available at http://www.uscis.gov on the I-485 page), there is an address to send an I-485 when the I-130 is still pending. Take care, Jason
Jason : Thanks for your detail answers, much appreciated. Here I have one concern : Let’s assume the I-130 is denied, I-485 is automatically denied, OR I-130 is approved and later I-485 is denied, and at the same time the I-589 was dismissed by Judge in court, means the asylum is finished. Then what ? I never ever wanted to finish my asylum case. Would I be able to go back or reopen the asylum back in court ? Is there any way for that ? And is it a normal procedure OR will I be in trouble after dismissal that case ?
Thank you
If the I-130 is denied, the I-485 will be denied also. If the court case is dismissed by then, you would have to reach out to DHS to reopen the court case. You could also try that without DHS, but I am not sure whether you can reopen a dismissed case without the agreement of the government (since they are the prosecutors, and if they do not want to prosecute the case, there is no case). I suppose you could re-file affirmatively for asylum, but that will take you back to square one. The bottom line is that you should not dismiss the case unless you are confident the I-130 and I-485 will be approved. Take care, Jason
Jason : thank you for reply
And do the DHS or Judge normally grants these motion to reopen in this type of case easily, considering non citizen appeared in one single MH 2 and half years back and afterwards the case was on hold with pending I-130 with USCIS for 33 months and recently granted PD and never an Individual hearing was scheduled in court ever ? Could the DHS OR judge be agreed ? You ever faced this Kind of scenario and if you explain a bit please !
Thank you
I have never seen such a case – we have gotten cases dismissed, but we never had to reopen those. In general, it is not easy to reopen closed cases, and so I would be as certain as possible before dismissing the case. Take care, Jason
Jason:
As I understand my case has been dismissed in immigration court and sent it back to USCIS to adjust the status. I am still having my (C-8) I-765 Card and will be expired in 2023. What is the status of this EAD now ? And my driving License ?
Technically, the EAD depends on the pending asylum case, and so if that is dismissed (and it sounds like it is dismissed), the EAD is no longer valid. Of course, you still have the card and many employers (and the DMV) may not know that the card is no longer valid, but as far as I understand, you are no longer eligible to use that EAD. If you are adjusting status, you can file for an EAD based on the pending adjustment (and you should also be able to get a “combo card” EAD/Advance Parole travel document). If you paid for the I-485, you can get the new EAD for no extra cost (using the I-485 receipt instead of paying for the EAD/travel document), so probably that is the best thing to do. Take care, Jason
Hi Jason, Happy New Year. Thank you for all you help.
Recently i got married and submitted my application for GC in New Jersey. Also my asylum case is pending for the last 6 years. I want to travel as soon as i get the travel permit. Is there any risk or will i face any complications when i return to the states. Also how long does it take to get the travel permit.
Lastly any suggestion on my Asylum pending case and marriage GC application.
Once again , Thank you so much
Assuming you married a US citizen and are eligible to adjust status (get your GC in the US), you can get Advance Parole based on the marriage case (and you can get a new EAD that includes AP, so you can use the EAD card to re-enter the US – you get this if you file forms I-765 and I-131 together, along with the I-485). I have never heard about anyone having trouble re-entering the US under these circumstances, though you could create issues if you returned to the country of persecution, so be careful about that. In terms of the asylum case, we always wait for the person to get the GC and then we email the asylum office to withdraw the case. I wrote more about adjustment and asylum in a post on August 6, 2018, if you are interested. Take care, Jason
It is understood that it will be a problem if he returned back to the country of persecution with his travel document, But most people returned to the country of persecution after getting their US passport. Is it assumed that the prosecutor back home fears you because you have a US passport? Why do having a travel document and US passport gives different results when you come back to the US since the fear of persecution country condition is still the same?
In terms of US immigration, if the person has a GC or US citizenship, the only issue with returning to the home country is whether there was fraud in the original asylum case. I have not seen this ever happen, but if the US government thinks the asylum case was fake, they can try to take away your GC or even your US citizenship. From the government’s point of view, it is much easier to take your GC than your citizenship, and so they are unlikely to try to denaturalize someone. Also, more time would have passed before you can become a US citizen, and so there is a better argument that you can safely return to the home country. I think the likelihood of permanent resident or citizen having an old asylum case revisited is very low (especially for a citizen), but in both cases, it is theoretically possible. Take care, Jason
Hello Attorney Jason,
Happy new year 2022 to you and thank you for all you do for us. I have a quick question for you please. My asylum Application is pending in California at the San Francisco office for 3 years now.My husband and I are thinking of buying a residential home in an affordable state like North Carolina.
*Please what are the consequences on our Asylum case if we move to NC?
*If the Asylum office in North Carolina friendly in terms of granting Asylum?
*My 8 year old daughter is a dependent on our case.Will she ever be interviewed as well during the Asylum interview?
Thanks so much in advance for your response
If you move, you have to file a change of address form, AR-11, available at http://www.uscis.gov, and your case will move as well. Your new office would be Virginia (which covers NC) and they are a decent office (though not as good as San Francisco – I did a blog post about this on February 5, 2020 with grant rates for the different offices). Your child is part of the case, and will be interviewed with you, though they only ask the “bar” questions – Are you a criminal? Are you a terrorist? Do you want to harm the US? Etc. Every applicant must answer these questions. If she cannot answer herself, they will let you answer for her. Take care, Jason
Happy New Year, Jason! Thanks for all you do and continue doing for asylum community! 🙏🏻
We are moving from CA to NC our lawyer advised to keep the case in CA. Would Arlington office give us more chance of landing an interview, if we move the case? My husband is Syrian and been waiting for 5 years now (pending asylum)
Thank you!
……..
Hi Jason.
I have come on student visa. I want to apply for asylum. How will it affect my student (F-1) visa. Will i be out of status? Can i continue my education? Can i continue with my education if my asylum is denied within 180 days?
I know a lot of people who applied for asylum while on a valid nonimmigrant visa, many were granted asylum. So I don’t think it will be a problem for you.
However, I am wondering are you concerned about the same point I am thinking about…I want to ask a derivative question about this. So when a person applied for a nonimmigrant visa, didn’t s/he promised to return after the visa expires ? Aren’t they lying by, once they set foot, in the U.S., trying to have immigration intent ? this applies to anybody who applied for asylum, work visa, or I-485 proceedings. Shouldn’t these people’s status be revoked and deported ? Because I feel that they are in fact, violating one of the terms and conditions of nonimmigrant visa, right ? by later showing immigrant intent ?
It is a valid point about immigration intent and student visas. However, in practical terms, USCIS does not seem to care. The problem is, USCIS could change its mind about this procedure, but up until now, it has not been an issue. It is one example (of many) about how difficult it is to interpret the immigration laws, since everything is so poorly defined. This makes it challenging for lawyers to advise clients, and for asylum seekers and other immigrants to know how to proceed. In this particularly case, though, I think there is very little risk, since many F-1 students apply for asylum, but I have never even heard about USCIS terminating the F status, and in fact, I have seen cases where the person gets a denial instead of a referral, which indicates that the asylum office has concluded that the person remains in valid F-1 status despite the immigration intent. Take care, Jason
@ASYLUM
Your argument makes 0% sense.
Of course a person whose life is in danger can not continue to live in their home country and apply for refugee status which may take several years to complete.
The only option for a prospective asylum seeker to seek asylum in the U.S is to come to U.S.A first and the best option for that is to apply for a non-immigrant visa. That makes perfect sense because most of the immigrant visa’s require sponsorship either from an employer or a relative. Where would a prospective genuine asylum seeker find such a sponsorship.
So you are 100% wrong. The only way for an asylum seeker to arrive in the U.S is to get a non-immigrant visa like mentioned below. That is 100% valid and uscis knows it.
If a prospective asylum seeker applied for an immigrant visa and then sought asylum in the U.S later on, In my opinion that is the most suspicious case.
So what you are saying is 100% wrong and inaccurate and does not reflect practical situations.
Applying for asylum on a F-1 makes 100% sense, This way you can continue your education while your asylum case is being processed. Infact I wish I had done that myself.
@ASYLUM
USCIS does not have a specific visa category that prospective asylum seekers can use to come to usa and then apply for asylum.
So the only valid option is to apply for a non-immigrant visa and arrive in usa and then apply for asylum. That is the only valid / justifiable / possible option. Whatever that non-immigrant visa may be like F-1 or b1/b2 or any other non-immigrant visa is fine.
So your concern is 100% wrong.
You can continue as a student after you file for asylum. However, if you need to leave the US and get a new student visa, that would likely be denied because seeking asylum (and asking to stay permanently in the US) is not consistent with an F visa (where you promise to study here and leave when you are finished). Technically, I suppose USCIS could cancel an F-1 visa for a person who files for asylum, but I have never heard of that happening. All my clients who have F-1 visas just continued their studies while the asylum case was pending. If asylum is approved, they then switch to that status. If it is denied and they still have valid student status, your asylum case will end and you will continue remaining here on your F-1 visa. If you are no longer a student and your case is denied, you will be referred to court. I wrote about both these processes in a post on February 21, 2018, and that will give you more info. Take care, Jason
Jason,
USCIS does not have a temporary visa category which prospective asylees can use to come to usa and then apply for asylum. Is there a visa category that a prospective asylum seeker can use to come to usa which shows intent of applying for asylum????? No as far as I know there is not.
The only option for an asylum seeker is to come to usa on a non-immigrant visa category like F-1 or B1/B2 and then apply for asylum, Infact that is the only valid option.
If somebody got sponsored for an immigrant visa like EB1/EB2 or a relative sponsored visa and he applies for asylum after arriving in the U.S then that is the problematic case. In my opinion a person who applies for asylum on an immigrant visa has a possibly suspicious and fraud case.
What are your thoughts??????
Applying for asylum on a F-1 visa is 100% ok and no problem with that
There is no such category, though for certain visas (such as H1b and L), it does not matter whether you have immigration intent or not. I have never seen a client with an F or B visa have any trouble in this regard, but technically, it does violate those visas status to file for asylum, since you are not eligible for an F or B visa if you have an intent to remain in the US permanently (such as by filing for asylum). The whole argument is basically academic, though, as I have never seen or heard about USCIS invalidating a non-immigrant visa after the person filed for asylum (though there was some talk of doing so for F-1 students during the Trump Administration, but I do not think that ever happened). Take care, Jason
Thanks Jason,
Then my question to USCIS / DHS / U.S government is this: and your opinion is also valuable in this regard:
1-> How do you expect the prospective asylum seekers to arrive in the U.S????
What is the preferred / best / optimal visa that a prospective asylum seeker should apply for and come to usa on since he can not wait for several years for the U.N to process his Refugee application since his own and his family’s life is in immediate danger.
Is there any preferred/best/optimal visa that asylum seekers can use to come to usa???????
They arrive however they arrive – that is generally not relevant to an asylum case. However, it does not change the fact that immigration intent is relevant to eligibility to get and maintain an F visa or a B visa. Like I said, in practical terms, it seems not to matter, but the law is clear on this point. Take care, Jason
I personally know of many refugees from my home country like me who are now languishing in limbo in third countries as U.N has not adjudicated their Refugee applications for more than 5 years. I on the other hand came to usa and applied for asylum instead of filing for refugee status in a third country.
I cam to the U.S on a B1/B2 Visa so the question becomes. Should I have also languished in the third countries without work authorization and living miserably while the U.N decided to process my refugee application as my other countrymen are suffering.
Is there a preferred way/visa that the U.S government expects us to follow to apply for asylum?????????”
By the way, I have heard Immigration Judges explicitly criticize applicants for disregarding “orderly immigration processes,” i.e., coming to the US to seek asylum and not languishing forever in a camp. I do not agree with that sentiment, and there is case law that would not allow a judge to deny asylum solely on this basis, but adjudicators can consider that in making a decision. Take care, Jason
why would anybody prefer to languish and die in Refugee camps in 3rd countries while U.N decides their fate.
Ofcourse if a person has resources to apply for a U.S visa instead and seek asylum after arriving in the U.S he would prefer that option a 1000 times more than languishing in refugee camps.
A majority of the people like me from my home country in the middle east made the mistake of applying for refugee status in 3rd countries. They are now living and dying in refugee camps.
I don’t care what visa category I used to come to U.S.A, I am glad I used it.
Oscar is making sense 1000%! If the “intent” argument is applied to F1 students then it should apply to every immigrant who comes on a non-immigrant visa and applies to stay in the US permanently. Why would USCIS allow someone who comes on B1/B2 visa to apply for asylum without issue but target an F1 visa student who decides to apply for asylum? Or why is it OK for a B1/B2/F1 non-immigrant person to apply for for a GC based on marriage but not for asylum? It makes no sense as all of them fall under an intention to stay permanently in the US.
Maybe I was not clear, but I have never heard of a case that was denied because a person came to the US on a non-immigrant visa. Also, I have never seen someone lose F or B status because they expressed “immigration intent” by applying for asylum. Nevertheless, that is the law, and USCIS could (in theory) terminate F or B status when someone applies for asylum. I have not seen that, but they certainly could make that argument (and likely succeed). Also, if someone comes to the US on a B visa, for example, and then marries a US citizen within 30 days of arrival, USCIS assumes that the person intended to marry and violate his visa status (and thus he committed fraud). For this reason, it is important to wait 30 days (or better, 60 days) before filing a marriage case if you entered on a B visa (or certain other types of visas). In short, for asylum, while the law is clear regarding immigration intent, there is simply no other option, and as far as I know USCIS has never penalized anyone for violating their status by filing for asylum, even though they could. Take care, Jason
BTW if it’s any consolation to Mike. One of my friends came to usa on a j1 visa to do his masters at a U.S university, he applied for asylum in final semester. His asylum got approved even before me while I am still waiting for an interview.
My friend did not even have to fulfill the 2 year home residency requirement for J-1 visas after applying for asylum . His asylum case still got approved relatively quickly.
If you win asylum, the 2-year home residency requirement is automatically waived. Take care, Jason
If the USCIS / DHS is so concerned about people applying for asylum while arriving to the U.S on non-immigrant visas then they have the obligation to create a specific Visa category that the prospective Asylum seekers can use to travel to the U.S for seeking asylum.
The U.S govt would still have the option of refusing/returning such prospective asylees at the port of entry if they deem the asylum seeker to be not genuine but until no such visa category exists then I don’t think any American or even the U.S government should cry/complain about it.
The problem lies with USCIS/DHS not with asylum seekers. You have given no valid visa option to prospective asylum seekers so Asylum seekers would continue to use whatever visa they can for seeking asylum.
Wow, so many people weighing in 🙂 . @Jason, @Oscar, @Jamie
I guess this is a positive example of how a constructive and substantive discussion can take place
I think for asylum seekers, immigrant intent…I think is probably forgivable, because people are running away from danger. I think things like, border crossing and … entry through fake passport can even be excused.
But, I feel that non-humanitarian categories of non immigrant visa holders are not that excusable.
My point is, I feel that there is a large amount of unconditional pro-immigrant sentiment over the media, claiming that immigrants are universally good and helpful, all that. But in reality, non-asylum seekers who come in via non-immigrant visa, who later try to immigrate told at least one lie…So I feel that a lot of immigrants (the non-asylum seeker nonimmigrants who later tried to immigrate) are not that … morally superior…So I don’t appreciate a lot of smugness or self-righteousness some noncitizens display in response to American institutions. I wish that immigrants could be more polite and deferential.
Entering on a B or F visa and then seeking asylum does not mean that the person told a lie. It is very possible to enter without knowing for certain that you will file for asylum, and then once you are here, you decide to file for asylum. Take care, Jason
@Oscar,
There is a process that doesn’t need visa. You can try to cross the Mexican border, and try to pass credible fear screening. This feels more like asylum to me.
In addition, there are people who come via immigrant visas, like K1. or, like @Jason said, dual intent work visas, they are fine. I just feel that, if you come via a nonimmigrant F/B/J visas, and later claim asylum while in the U.S….that really does seem to me as a clear violation of nonimmigrant clause…Which I believe represents a kind of … unnecessary leniency on the part of the INS. The leniency should be reserved for people who are seeking asylum, in immigration court or such. not someone who … take advantage of nonimmigrant visa programs to later try to immigrate (in non-asylum way) ….
This is a good point – if you know for certain you want to apply for asylum and you really do not want to violate your B or F visa (for example), you could ask asylum at the border or the airport. In general, this is a terrible idea, since you could be detained and you will not get to have a case at the asylum office (it will go to court, but only if you pass the CFI). So I suppose if someone was very concerned about “doing it the right way,” maybe they could ask for asylum upon entry into the US. But they will for sure be punished as compared to asylum seekers who enter the US and then file affirmatively for asylum once they are here. Take care, Jason
@ASYLUM
1-> USCIS is taking 6 to 10 years to analyze and conduct interviews. I think that is more than enough time for them to determine the particular facts of any case or if any asylum seeker is lying.
2-> 2nd it does not matter if you are a U.S citizen you don’t have the right to call other asylum seekers morally inferior or force other people to be polite or deferential. Human beings irrespective of any national status have a right to behave as they like since we are free sentient beings with free choice.
You continue to use such silly arguments/logic that’s why people use harsh language against you on this forum.
“In addition, there are people who come via immigrant visas, like K1. or, like @Jason said, dual intent work visas, they are fine. ”
1-> Why is k1 fine???????????K1 is a finacee visa, If anybody applies for asylum after arriving in the U.S on a K1 visa then I highly doubt his intentions for seeking asylum. That would be a 100% fraud.
2-> Dual intent work visas are fine….WHY???????? If any body traveled to the U.S on a immigrant work visa then he had no intention or background for asylum….Why would that be ok. In my opinion that would be 100% fraud as well.
I think you don’t understand how the asylum process works so save your negligible knowledge. It is very errorneous.
And people come to usa from all across the world, Not everybody can come to the U.S by crossing mexico border. Is that not common sense for you???????? To arrive at a u.s port of entry you need a valid non-immigrant visa period. That’s it. It is as simple as that.
Jason,
This is common sense. If a person is traveling to the U.S on a non-immigrant visa then his better option would be to enter the U.S first, contact an asylum attorney, spend reasonable time in writing statements and completing forms and spend enough time to gather all the evidence that he needs.
People can choose to ask for asylum at port of entry if they already have all the evidence and documents with them but I doubt 99% of asylum seekers who are fleeing their lives and their home countries are doing so in an organized manner.
To make long story short without wasting anybody’s time. This whole logic of Immigrant/Non-immigrant intent is fallacious at best.
That’s why USCIS itself does not follow this logic completely otherwise everybody who entered the u.s on b1/b2 or F1 and applied for asylum would be rejected immediately but that is not the case as we see it today.
In summary: In my humble opinion and that also seems to be the current reality. Immigrant/Non-Immigrant intent has nothing to do with an asylum case.
BTW as a final note:
According to @ASYLUM if a person seeks Asylum in the U.S he should first find a fiancee or an employer to sponsor his K1 or dual intent work visa and then he should apply for asylum after arriving in the U.S
That makes absolutely zero sense to me. How is an Asylum case even related to an immigrant visa is beyond my reasoning capability. May be I am naive or not intelligent enough.
You have to change your address if you move, and so you may have no choice. If you have kept your CA address, have a driver’s license from there, pay taxes there, etc., you can probably keep your case in CA, but if all that will be in NC, you really cannot avoid changing your address and thus moving the case. If you get an interview in CA and they determine that you do not live in CA, they can (and often do) cancel the interview and send the case to the correct asylum office, which will cause even more delay. In terms of the offices, I know that the San Francisco office is probably the best in the country in terms of grant rates, and is probably overall better than the VA office. Which office will get you a faster interview, I have no idea. I think your best hope there is to try to expedite if you can. I wrote about that on March 30, 2017. Happy New Year, Jason
Happy New Year Jason and the community!
Thank you – Happy New Year to you too, Jason
Happy New Year to Jason Sir, and to all the Asylumist community 🎆 ✨ 🎉
Happy New Year, Jason
Happy new year Jason and friends. Wishing everyone a great year!
Thank you and happy New Year, Jason
Received a call from tier 2 officer on my GC application. He said my case is transferred to local office. I told him to submit an inquiry o behalf of me to local office and he did. Local office responded in two days but a pre-written text that you can find on internet and elsewhere. What do you think when I will truly hear something from local office?
I do not know as time frames are so unpredictable, but the fact that they paid any attention to the case is hopefully a positive sign. Good luck, Jason
Happy New Year to Jason & all the seekers 🙂
Happy New Year, Jason