Asylum seekers may include their spouse and unmarried, minor (under 21-years old) children as dependents on their asylum case, as long as the dependents are physically present in the United States. Here, we’ll discuss issues related to dependents at the Asylum Office. In a future, post, we’ll discuss dependents in Immigration Court, as there are some differences. Let’s get right to it.
How do you include dependents in an affirmative asylum case? Normally, the principal applicant and the dependents file at the same time. The principal files an I-589 and supporting documents, and for each dependent, we include a separate package containing: (1) A form G-28 (you only need this if you are represented by a lawyer); (2) Page 9 of form I-589, listing the dependent and signed by him, including a passport-style photo of the dependent. If the dependent is too young to sign himself, we have the parent write the dependent’s name and sign their own name or initials next to the dependent’s name; (3) A copy of the principal applicant’s I-589 form (according to the instructions, you should only need the first few pages of the principal’s I-589, but we have had cases rejected when we tried that, and since then, we include a copy of the entire I-589); (4) A copy of the dependent’s passport (photo/biography page), U.S. visa, and I-94; and (5) A copy of the relationship document–marriage certificate for a spouse; birth certificate for a child. This demonstrates that the dependent is related to the principal. If this document is not in English, include a certified translation.
What happens after the I-589 is submitted? After the case is filed, the principal will receive a receipt, and then the principal and all dependents age 14 or older will receive a biometric appointment (sometimes, USCIS sends biometrics to children under 14; when this happens, it is best to just attend the appointment).
When the principal becomes eligible for an Employment Authorization Document (“EAD”), the dependents become eligible as well. The first EAD is free, and so most people apply for that, even for minor children. In this way, the children will have a photo ID and a Social Security Number.
For more about what happens while the asylum case is pending, see this article.
What happens to dependents at the interview? Dependents must attend the interview with the principal. Typically (but not always), the Asylum Officer has the dependents wait outside while the principal is interviewed, and once the principal is finished, brings the dependents in and asks them the “bar” questions. These are questions such as, “Are you a criminal?” “Are you a terrorist?” “Do you plan to harm the United States?” They also include more subtle questions where the dependent needs to be a little bit careful. For example, there are questions related to the material support of terrorism (“Did you ever give money or anything of value to a terrorist, even if you did not want to”) or travel (“List every country you have visited and what was your immigration status in that country”).
Asylum Officers must ask all dependents the “bar” questions, including young children. I have seen three- and four-year olds asked these questions, which is simultaneously entertaining and idiotic. For younger children, most (but not all) Asylum Officers will allow a parent to answer for them.
The dependent interviews usually take place after the principal’s interview. But in the age of Covid, it makes little sense for the dependents to stay in the waiting room during the principal’s interview, which often takes hours. You can ask the Asylum Officer to interview the dependents first, so they can leave and not sit around waiting to catch coronavirus. Some officers will allow this; others will not, but you certainly can ask.
Finally, while Asylum Officers normally do not ask dependents substantive questions about the case, they can ask such questions, and so dependents (or at least spouses and older children) should be aware of the details of the asylum claim, especially if they are somehow part of the story (maybe they witnessed the principal’s political activities, for example). Check out this post for more details about asylum interviews.
Can dependents travel outside the U.S. and/or to the home country while the affirmative asylum case is pending? Dependents can leave the U.S. and return in the same way that the principal applicant can–using Advance Parole. I wrote about that here.
Dependents can even return to the country of persecution. However, they need to be careful. If the asylum case indicates that the dependent is also in danger in the home country, or if the Asylum Officer might logically conclude that the dependent would face danger, a return trip could affect the asylum case itself. At a minimum, the dependent (and the principal) should be prepared to explain any return trip, including why the person went and how she stayed safe. It is obviously safer not to return to the country of persecution, but such a trip would not necessarily affect the asylum claim, depending on the situation. I wrote more about returning to the home country here.
What happens if the dependent relationship ends before the interview or decision? The asylum applicant-dependent relationship usually only ends in one of three ways: Divorce or death of the principal, or for minor children, if they get married (a child does not lose dependent status by reaching the age of 21 – as long as the child was under 21 when the case was filed and he does not marry, he can remain a dependent until the case is resolved). Once the relationship ends, the dependents are no longer part of the asylum case. This means that any EAD they have is automatically invalidated and they cannot renew an expiring EAD.
If the relationship ends while the case is pending, the dependents will have to file their own case (or cases), assuming they have a claim for asylum. If they do not have such a claim, they would need to find some other way to remain here lawfully and for most people, there are probably very few (or zero) options. I wrote about alternatives to asylum here.
If a person loses his dependent status and decides to file for asylum himself, there are a couple things to keep in mind. First, the law requires that asylum applicants must file their cases within one year of arriving in the United States or they could be denied as untimely. There are exceptions to this rule, and one exception is that the person is in lawful status. For this purpose, being a dependent on an asylum case is considered “lawful status.” But once the dependent relationship ends, the lawful status ends and you no longer qualify for an exception to the one-year rule. In this situation, you need to file your own case within a “reasonable” period of time; otherwise, the application will be time barred. How long is a “reasonable” period of time? The law is unclear, but a month or two is probably fine; more then five or six months is probably too long. The point is, once the dependent relationship ends, the clock is ticking, and it is important to file your own asylum case as soon as possible. I wrote more about the one-year bar here.
Second, the procedure for dependents (or former dependents) to file their own case is different than for an initial application–see the I-589 page, Special Instructions. These explain that you must mail your application to the USCIS Asylum Vetting Center in Atlanta, Georgia. You must also inform USCIS about why you are now filing your own case and include receipts from the original asylum application.
Finally, if you lose dependent status and file your own asylum case, you will need to wait 150 days to file for a new EAD.
Let’s stop there for now. We’ll finish up our discussion about dependents at the Asylum Office, and discuss dependents in Immigration Court, in a future post.
My lawyer has submitted a family application to USCIS that includes my wife as the principal, myself, and my 2 kids. I received the receipt but it only includes my wife’s name, no mention of my name, nor the kids. It’ll be 150 days next week since it was filed. Can I submit my application for work authorization using the receipt that only has my wife’s name? Or Should I wait longer?
Thank you very much in advance for any response that I may receive
Although it may seem but I forgot to mention the form I-589 for asylum application that we filed. Thank you!
Normally, the receipt lists dependents in the body of the letter. Also, you should have received a biometric notice. If not, you might double check the I-589 form to see whether you checked the box on page 2 (and pages 2 and 3 for your children) to be included as dependents in the case. If so, you should be eligible for a work permit, and you can file for that. However, I am not sure whether you will have difficulty if your name is not on the receipt or if you do not have the biometric notice. Take care, Jason
Hello, Jason. You are writing that “Finally, if you lose dependent status and file your own asylum case, you will need to wait 150 days to file for a new EAD.”
My ex-husband has recently filed his own I-589 after divorce and in June 2024 received his I-589 Receipt Notice which has the received date 11/18/2015, the date when I filed my I-589. Doesn’t that mean that he can apply for EAD right away? If not, from what date does he need to calculate the 150 days to apply for EAD? I couldn’t find this information anywhere. Thank you very much in advance.
Interesting. I did not remember that USCIS gave the old date, but if so, I would imagine he can file for the EAD now. I am not 100% certain it will work, but given that he has a 2015 filing date, I am guessing that it will. Take care, Jason
Thank you for your detailed answer, Jason. He’ll take a chance and apply right away. Do you think he can apply for an initial EAD without paying the fee or he has to file for renewal and pay $470?
If this is his first EAD based on this application, there is no fee. That is true even if the principal applicant has an EAD. Take care, Jason
Hello! I am a dependent in my father’s asylum case that is pending an interview. I got married and received my green card. I understand that this means I am no longer part of the asylum application. Does this also mean that I do not need to attend the interview? I only ask because the USCIS website states that all derivatives listed on the application need to attend the interview.
Thank you for your time, and for your helpful posts. They have been a huge help to my father’s asylum case after our attorney withdrew because the case is taking so long (10 years).
Technically, getting a GC does not mean a dependent is removed from an asylum case, but getting married means you are no longer eligible to be a dependent on the case. For your father, he can bring evidence of your marriage and a copy of the GC to his interview, and tell them that you are not eligible to be part of the case. You can also email the asylum office in advance and tell them this, but it is probably not worth the trouble, as he will have to tell them again at the interview. If he wants an excuse to contact the asylum office in the hope that it might trigger an interview, he can email them about you. You can find their email if you follow the link under Resources called Asylum Office Locator (I doubt emailing them will help trigger an interview, but you never know). Take care, Jason
Hello
How long it takes to add a dependent to a pending asylum application? 6 months ago, my wife requested an asylum office (Miami) to add me to her pending asylum application, since then, we have received any notice. I tried to contact them by phone and e-mail, no answer. And i have almost one year here. What should i do, please?
thank you
Hi. I need some guidance on my Asylum case as I was a dependent on my den husband. We have got the EAD but we no longer live together. We already divorced but my name is still on the case. I don’t have a lawyer who can guide me. I really need help
Once the divorce was final, you have lost your dependent status. Probably, USCIS does not yet know this, but if they do, you cannot renew your EAD again. If you have your own fear of return, you should file a new I-589 with yourself as the principal applicant. Probably you need to file at the Asylum Vetting Center (see the Special Instructions on the I-589 web page at http://www.uscis.gov). Also, you should file as soon as possible since you may have a one-year asylum bar issue (I wrote about that on January 18, 2018. As long as you were a dependent on your husband’s asylum case, you met an exception to the one-year bar, but once the divorce was final, you are required to file your own I-589 within a “reasonable period of time,” which means within a few months – so if you plan to file asylum, you should do that as soon as possible. If you do not have a fear of return to your country, you should talk to a lawyer to see what other options you might have available. Take care, Jason
Hello
How long it takes to add a dependent to a pending asylum application? 6 months ago, my wife requested an asylum office (Miami) to add me to her pending asylum application, since then, we have received any notice. I tried to contact them by phone and e-mail, no answer. And i have almost one year here. What should i do, please?
thank you
The process is generally a disaster and – at least in my experience – sometimes does not work at all. Normally, to add a dependent, you have to send everything to the Service Center; not the local office. If that does not work, you then contact the local office. If you have exhausted your efforts to contact the local office, it may be best for her to file her own asylum application (if she has a claim) and then whoever gets an interview first can add the other person to their case at the interview itself, where it is easier to add a dependent to a case. Good luck, Jason
Hi,
I have the same situation, it’s been almost 3 months with no receipt notice. I’ve tried to contact the Miami office by email, but have not even received an answer.
It’s been such a stressful situation. Please, did you have any updates on your wife’s amendment?
Trying to add a dependent can be extremely frustrating. If they never respond (which sometimes happens), the person may need to file their own asylum application. At the interview of the principal, you can add the dependent much more easily and close out the other case (assuming the principal gets interviewed first). Take care, Jason
Thanks, Jason, for your post. They are always helpful and insightful!
I am dependent on my husband’s asylum application and our case is pending since Aug 27, 2021.
I submitted my initial EAD based on (c)(8) on November 18, 2021, and my husband submitted his EAD under the same category on January 18, 2022. My husband’s EAD is approved last week; however, my EAD is denied today. The denial reason is as follows: USCIS must rely on electronic records to determine eligibility for employment authorization and USCIS or EOIR records do not indicate that the I-589 has been lodged or filed.
I am confused why they say I-589 was not filed because my husband’s EAD is approved based on the same asylum application. So, our I-589 is in their system, but I don’t know why they don’t see me as dependent in the same application. Any idea?
Again, my husband filed our asylum application and I am listed as dependent in his application. I even appeared for my asylum biometric services appointment. With my EAD application, I submitted the receipt that my husband’s application has been received and I submitted the I-797C Notice to go to a Service Center for biometric data collection with the stamp. I thought both documents can be used as verification that the I-589 was filed.
Any insights into why USCIS records don’t indicate that the I-589 has been filed?
In the denial letter, USCUS stated that “These records are entered and/or changed by the Immigration Court only. If you feel these records are incorrect, please contact the court having jurisdiction over your proceedings for further information regarding the filing of the Form I-589.”
I don’t know what this means. Any help would be much appreciated.
What would be your recommendation at this point? Should I submit a motion to reconsider by completing a Form I-290B?
Thanks.
I think you should talk to a lawyer to be sure you are a dependent. For example, if he was referred to court and you were not, you may no longer be a dependent. Or if you forgot to check the box on page 2 of the I-589 indicating you are a dependent (it is not clear from your message – if you did not have a biometrics appointment for the I-589, you re probably not a dependent – an appointment for the I-765 is not enough). I would not file the I-290B until you talk to a lawyer, as that form is expensive and usually does help since USCIS usually gets these things right – but realize that if you want to file the I-290B, it must be done within 30 days of the decision or less (check the form, as I forget the exact time frame). Take care, Jason
Thanks, Jason, for your comment. After my husband filed our asylum application, my husband, son, and I had a biometrics appointment for I-589. Our asylum case status shows ”Next Step is an Interview” since we all appeared for asylum biometric services appointment. He was not referred to a court and didn’t receive any update on our asylum case from USCIS. On page 2 of I-589, I am listed as dependent.
This is strange because my husband’s EAD is approved; mine is denied. The only difference between my EAD application and my husband’s is that I didn’t enter my Alien Number in Form I-765 while my husband entered his A-Number when filing his I-765. I am not sure if that is the reason. I have my Alien Number from the asylum application, but I didn’t put it in Form I-765 because I didn’t know what it was at that moment. Do you think this would be the reason why USCIS could not identify me as a dependent?
I am not sure that failing to list the Alien number would cause the case to be denied. If you included a receipt, they would have had your Alien number even if it was not on the form. I guess that could be a reason, though, especially if you never gave them the number. I am not sure how you will ever know (unless you file a request for your file, but that takes months – if you want to try, follow the link under Resources called FOIA USCIS). I think your best bet may be to talk with an attorney to get help re-filing. If you cannot do that, include the Alien number and en explanation about what happened when you re-file. Also, include evidence of your husband’s case, your biometric appointment for the I-589, and proof of your marriage. But if you can, talk to a lawyer first, as there may be something else going on and the lawyer can review the file and figure it out. Take care, Jason
Thanks, Jason! I will follow your recommendations.
Just to make sure, we as dependents don’t get the receipt for asylum application, right? Only the principal gets the receipt? After the I-589 was submitted, my husband received a receipt, and my name does not appear in the receipt as a dependent. The receipt includes only my husband’s A-Number and his name. Is that normal? Should the receipt have included my name and A-number as dependent?
Later, my husband and all dependents received a biometric appointment, and my A-number is listed in my appointment notice. I guess USCIS would have seen my Alien number on the biometric appointment notice even though I didn’t include it in form I-765.
That is correct – if you got the biometrics appointment, it has your A number and it is proof that you have a pending asylum case. Take care, Jason
Hi Jason,
Thank you so much for the information. You mention about the dependent that “Once the relationship ends, the dependents are no longer part of the asylum case. This means that any EAD they have is automatically invalidated and they cannot renew an expiring EAD.” Does the USCIS specify this anywhere in their policy, that is, that the former dependent’s current EAD is immediately annulled and one can no longer receive salary?
I am currently in this situation where, having married on 4/25, I dropped out of my father’s asylum case and will be filing my own application within a month with the same asylum claim. My last EAD expired on 4/22, but I had filed a renewal before that, which supposedly granted me 540 days of automatic extension (per the new 5/4 policy, if I understand correctly). But if everything associated with my prior dependent case is automatically and immediately invalidated, does it mean I must discontinue my work during this window between my marriage and my eventual filing of the new EAD, 150 days after submitting my asylum application?
Really appreciate the help. Thanks again!
Best,
Antony
I am not sure about this anymore – I heard about a new memo (that I have not seen), which states that EADs will remain valid even if a person loses dependent status. I need to look for that to see what it says, but maybe you can Google around for it. My sense is that USCIS does not pay close attention to things like this, and so they would not know that you lost your dependent status (by marrying). Also, if you plan to get a GC based on the marriage or based on your own asylum case, even if you work without authorization, it will not block you from either of those options. Take care, Jason
Hi Jason,
Thank you so much for your reply. I’d be curious to know why working without authorization during this period would not jeopardize my future case. And it would be very reassuring to confirm that my previous EAD is still valid under the present circumstances, at least through the 540-day extension. I’m a graduate student who, in order to receive monthly stipend payment from the university, must verify my employment eligibility with the form I-9. If the memo you speak of exists, does it mean I can just show the previous EAD and the extension policy? Would this have any consequence at all on my asylum and GC applications?
Also, should my parents notify USCIS first that I’ve dropped from their case? Or does my filing of a new application automatically withdraws me from theirs? Just wondering how that process works internally. Thank you very much again!
Much obliged,
Antony
I did a post on May 11, 2022 that links to the memo (or a USCIS web page about the rule). You do not get 540 days; maybe you get an extra 60 days, but I am not even sure about that, since you are leaving your dependent status and the memo relates to people who lose their asylum case. If you get a GC based on marriage, unlawful employment is not a bar to that. It may be a “negative discretionary factor,” but I have never seen a case where the GC was denied as a matter of discretion based on unauthorized employment. I could only imagine that happening if there were other negative discretionary factors as well. Filing a new application does not withdraw you from the asylum case and USCIS will not know about that unless someone tells them. For this reason, it is unlikely USCIS will know that your EAD has become invalid, though technically, it would be. If you are filing for a GC based on marriage to a US citizen, you can file for a new EAD based on the marriage case (so you can work while waiting for the GC), and so you should get that in 3 to 5 months. Take care, Jason
Hi jason I dont even know how to tell you about writing this article.
THis was the one I was waiting for such a long time.
I appreciate your time and help given to us. Please may I ask you if you have time and can write for us. Can you please come up with information about changing the principal applicant to dependant and becoming the principal while you are the dependent.
There is no clear cut guideline on this.
currently I am in this situation and need him to travel to his home country( persecution country) with AP as his mother is having a life threatning surgery and wants to go see her.
Please please please it will be a great help.
I think you should talk to a lawyer about that, as I think it will be difficult – essentially, you want to have the dependent file a new case as the principal, and the current principal would be a dependent on that new case, and then the original principal would somehow withdraw the case. One problem with this is that withdrawing the case does erase the fact that you filed for asylum, and a return trip could still create credibility issues (for the new principal’s case). Another problem is that you may not easily be able to withdraw the case. A third problem is that by the time you create a new case, withdraw the old case, and get Advance Parole, it will take a long time. The better bet may be to just travel as the principal. This obviously will create issues for the asylum case, but it may be possible to explain the reason for the return trip (indeed, it seems there is a strong reason to travel home). You would also have to explain how you stayed safe during that trip – this is easier to do in the case where you fear a terrorist group (that you presumably could avoid for a while when you go home) than if you fear the home government, which will know when you get back since (presumably) they control the airport. Anyway, all of this is tricky and potentially creates risks, and so I think you need to talk to a lawyer about the specifics to see what is the best approach. Take care, Jason
Thank you for ur response Jason.
I have one last question.
We are the process of receiving an interview from the USCIS asylum section. Its been more than a year we saw this status change.
Do u know how much more longer we need to wait for an interview to be held?
Thanks
Kayra
It is not predictable, but the online notification is basically meaningless. It tells you that the next step is an interview, but does not tell you when, and it could take years. If you want to try to expedite your case, I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Very informative article, thanks! My spouse is asylum seeker, he is still waiting for the interview. Last year we got married and he amend his case to add me. We sent all the documentation instructed by the lawyer. But, what should I expect next? Will I get a receipt notice? Or fingerprints request (submitted less than a year ago for a visa extension)? What will be the timeline for this case?
I submitted in Nov 2021 but still no news from USCIS.
I was told that once I get my receipt or fingerprints I can request my EAD.
Thanks!
Agustina
The process to add a spouse should be simple, but unfortunately, it is a disaster. Once in a while, USCIS gets it right, but in most cases, they screw it up – usually several times, and it often takes 6+ months to get a spouse added. This includes USCIS rejecting the (proper) application and you have to re-send it again (and again). There is no excuse for this; it is simply that USCIS is incompetent on this point. In any event, once it is accepted, they will send a receipt and a fingerprint appointment. After that, you can apply for an EAD, assuming the principal is already eligible for the EAD. Then you will both go to the interview together. Take care, Jason
THANKS JASON FOR EVRYTHING,
i dont know what to say but this case is similar to mine , my husband was came here 6y ago, i was listed on his asylum app then, after 4y i have got a B1 visa and joined him here, he tried several time to add me on his case ” after the intial filing” but texas office always rejects saying ” decision has been made”. we went to arlington office they said please try again texas answear is wrong ‘ its been 2 &1/2y and i am sick and tired and out of stuatus , i dont know what to say but i am always crying,
The TSC is an utter disaster and trying to add a dependent through that office is a horrible experience. They consistently screw it up and this problem has been ongoing for years. Sometimes, the local office can take some action to help you, and if the TSC still fails to add you (which they sometimes do), the local office will do it. So I would focus on getting Arlington to help since the TSC is not. Also, you could just file your own asylum case, though if you have been in the US for over a year, you would have to deal with the one-year filing bar (I wrote about that on January 18, 2018). Take care, Jason
[…] a prior post, we discussed asylum-seeker dependents at the Asylum Office. We’ll finish that discussion […]
Hi Jason,
I applied for asylum in August 2015, had my interview in October 2021. After the interview case status was “Interview completed”, bow status is changed to “Initial review”. Do you know what it might be? Maybe anyone had similar situation.
I doubt it has any meaning. You might want to inquire with the asylum office about the status of the case. You can do that by email and you can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
Lets say I get an AP and travel to a third country and come back.
My employer files an H1B for me, do you think I can adjust status as an parolee at this point(considering I entered lawfully and have <30 days of unlawful presence between my status expiring and me filing asylum)?
I do not think so – entering using AP is a lawful entry (so in some cases, it might “cure” a prior unlawful, across the US/Mexico border, for example), but I think it does not give you any status here, and so does not allow you to change or adjust status. In other words, only a person in lawful status can change to another status or adjust status (get a GC in the US). Asylum pending does not count for this purpose; neither does entering using AP. That said, there are exceptions to these rules. Also, I do not do such cases, and so I might be wrong. Talk to a lawyer to see what the lawyer thinks about this possibility. Alternatively, if you have AP, maybe you can leave the US, get the H1b at an embassy in a third country, and then return here with the H1b – I wrote about this on September 6, 2018 (in the context of a GC, but the concept is the same). Maybe that would help, but talk to a lawyer to see what can be done. Take care, Jason
Hi Jason! Hi y’all! Do you know how to check processing time for National Benefits Center? Couldn’t find it in USCIS site within the processing time tool. Thanks!
I think there is no way to check, as USCIS does not post processing times for the NBC (I do not know why, as it seems a lot of cases are going there). Take care, Jason
Hello Jason,
Thanks so much for this article. I am the principal applicant on Asylum case. My first child was born here so he is a USC and my Second baby was born in Canada so he is a Canadian citizen. We all lived in our country of persecution before escaping here to seek for protection. Do you have an idea how this would be viewed from their end?
Thanks for all you do
Unless you (as the principal) have status in a third country, it does not matter that your children have status. Your Canadian child can be a dependent on your asylum case, as long as the child is under 21 and unmarried. This would have no effect on your eligibility for asylum (we have had cases where the children and/or spouse were Canadian and they all got asylum as dependents). Take care, Jason
Hello Jason
Am a dependent in my wife asylum case , and we got the approval and we applied to the GC after the 1 year waiting.
My question is , if we get divorced before I get GC, does that hurt my status, and they will not give me the GC?
Thank You
It does affect – you will need to file a nunc pro tunc asylum case (I plan to write about that is part 2 of the above article – maybe later this week). This will allow you to become the principal in your own case, but it will cause significant delay with getting the GC (probably a couple years). If you can remain legally married until you have your GC, then you will be fine, and so if possible, try to do that. Take care, Jason
Hi Jason.
Recently I submitted expedite request for my asylum case. one of the reasons is a prediction of war in COP and my family is still there. How long should I wait for response before considering other actions like writing ombudsman and/or congressman? Thanks
It varies by office, and we get responses anywhere from a few days to never for our expedite requests. Maybe give them a month and then email them to inquire (I normally give them 90 days before I email again). You can find their email if you follow the link under Resources called Asylum Office Locator. I think the Ombudsman would not be effective in this situation, but there is no harm in trying. You can also try the Congressperson, but that seems about the same as making the expedite request yourself. Finally, if all else fails, you can try a mandamus lawsuit. We did a post about that on October 2, 2018 (in the context of waiting for a decision, but the concept is the same). Take care, Jason
Jason,
I applied for my EAD renewal on MAR-30 2021, 6 months before my ead expiration date of sep-23 2021. It has been 10 months now.
I created a case inquiry in start of December and uscis never replied back. On friday my congressman’s staff submitted an inquiry on my behalf and I got the below reply back today. My extension expire on MAR-23 2022.
Not sure what kind of a Freaking rocket science is needed to process an ead renewal. In my opinion an ead renewal should not take more than 5 minutes for an officer to approve yet uscis likes to thrive on misery and desperation.
“Type of service requested:
— Outside Normal Processing Times
The status of this service request is:
Recently, you or your representative contacted USCIS concerning your Form I-765, Application for Employment Authorization, to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.
Your application is still pending consideration. USCIS records show your case is in line to be reviewed by an officer. We ask that you allow additional time for this process to take place since we process these cases in the order received.”
Like how much extra time should I allow. Should I go jobless and homeless before my new EAD arrives.
I know I am in same situation, I applied last year Jan 22 and still waiting, applied for case inquiry 2 times, nothing. My husbands extension will expire after 10 days, he applied after 1 month(feb 26 2021). I don’t know what should i do. I have 4 kids and 2 going to college. For me its 1 year or wait time. I applied my asylum back in 2017. This is my 3rd EAD.
I applied for Asylum on FEB-2016, still waiting for interview, I am also so tired of these EAD renewals myself (This is my 4th ead renewal)…..I have made up my mind to use my savings and start Amazon FBA business or any other online business even without my EAD, I am in California so I have a valid AB60 driver’s license….
Many people in California just start their own businesses whether they have ead or not….I guess I will do the same….
Based on your name it seems you may be from Afghanistan, I am also from a neighboring country to Afghanistan.
Yes, I am also thinking of starting some business. My Extension already expired in Jan 17, also I lost my job now more worried about my husbands job now.
For what it’s worth, there is no negative effect on an asylum case if a person works without authorization. It could have a negative effect on some other types of applications, but not asylum. Take care, Jason
A point of common sense is that if USCIS is going to take 7/8 years to conduct asylum interviews then why not issue EADs for a term of 3/4 years at least instead of 2 years.
Why ask people to give bio-metrics and submit I-765 renewals every 2 years since there is so much backlog and processing delays.
Most of these delays are intentionally created by USCIS themselves. Why not make the process a little easier.
Common sense is not so common, especially at USCIS. There is a lot they could do to improve the situation, but so far, after one year of President Biden, I do not see that they have done anything for affirmative (or defensive) asylum applicants. Take care, Jason
Same goes with travel documents they are having backlogs while they can give people 5/10 years in their travel documents it’ll help them to focus on more important cases like conducting interviews, giving finals decisions, or giving people their greencard, they are creating backlogs while they can find simple solutions that we’ll help them reduce it
Agreed – in fact, they proposed extending the RTD to 10 years in 2007 or 2008, but nothing ever came of it. Take care, Jason
If you are working in the health industry or a related job, you can try to expedite – I did a post about that two weeks ago. The post also discusses a bit about trying to expedite for non-healthcare people. I also did a post about expediting in general on January 29, 2020 – maybe some of those ideas would help. Good luck, Jason
The wait times for this are ridiculous and unacceptable, and it is very clear that USCIS has no idea about how harmful these long waits are (or maybe they know and do not care). Most people are getting the new EAD in 10 or 11 months, so hopefully, you will have it before March 23. If you are in the health care field (even peripherally), you can ask to expedite the renewal, and that seems to be working pretty well – I did a post about that two weeks ago (I also discuss a bit about how to expedite if you are not a healthcare worker). Take care, Jason
Hello Ken, do you have any updates on your EAD? We applied March 12th, lost my job now, worked with an extension till last week. Created service request one week ago, but no updates yet.
Hi Jason, I have one question regarding the above article.
What will be happening with Derivatives of a the asylum applicant in both cases divorce or death after the asylum approval and before getting the green card?
Thank you in advance for your comments.
Jimmy
I will write about that in part 2 (maybe next week), but the derivative will need to file a “nunc pro tunc” asylum application – see the I-589 instructions at http://www.uscis.gov. The dependent must demonstrate the relationship and indicate that that relationship has ended. The dependent can then get asylum as a principal, once the nunc pro tunc is approved. It is not a fast process, and therefore it is best for dependents to get the GC as soon as they are eligible, to avoid this annoyance if the principal-dependent relationship ends. Take care, Jason
Hi Jason
I hope you are doing well
I have a question what means Based on grant of asylum more than 1 year ago( processing time)? Is that receipt date for a case inquiry approval notice or filed application notice for GC?
I am not sure I understand the question. If a person has asylum and has been physically present for one year, he is eligible to file for a green card (assuming he meets all other eligibility requirements). I am not sure if that is what you are asking, though. Take care, Jason
Thank you for your response
My mean is in processing time in uscis website
Said based on approved one year ago ( right now is March 2018 Is that date of approval notice or date of filed i485 form notice ?
Date of filed i-485.
I waited 4 years to become asylee and another long wait is coming for GC. It is like a nightmare neverending. No hope of a real solution. No one cares. It is complete madness no premium processing, no efficient use of fees full of disappointment…
Sorry, I do not understand the question. Can you clarify? Thank you, Jason
As you know we can check processing time for i485 for Based on grant of asylum more than 1 year ago in Texas office and right now Receipt date for a case inquiry is March 2018 and my question is : what means this date? Is that date of approval notice or i485 recipe notice?
It means that a person who filed their I-485 in March 2018 should now be getting a decision in the case. Often times, these processing times are not so accurate, but it give you a very general idea of the wait time. Take care, Jason
Hello Jason!
I have a quick question. Me and mom has been waiting simce 2016 for our interview. I have decided to expedite my mom’s case. Everything is ready. The reason to expedite the case is her medical conditions. My question is how much time will it take for the interview to come if i expedite it?
Thanks
Most expedite requests are not approved, but you can try, and a health problem is probably the strongest reason you can give (from the perspective of the asylum office). The timing is unpredictable, but normally if it is approved, she should have the interview withing maybe 6 months (but some office only put the person on a “short list” and it can take longer than that for their name to come to the top of the list and get an interview). Take care, Jason
Hi Jason,
we received asylum approval (after 9 years since filed, 5 since the interview). Asylum approval letter didn’t include attached I-94s, which we assume were mailed to our attorney. Attorney doesn’t respond to my emails or phone calls (surprise-surprise – no offense). We only got a stapled copy of approval. Do I have to pay $445 for requesting new I-94? btw, I am dependent – can’t wait for Part II! 🙂
thank you!
Congrats VIK. I filed 8 years ago and interviewed 4 years ago. Still waiting for the decision. I am glad you got the approval after waiting for so many years.
Congratulations
If you didn’t receive it in the mail then you call USCIS and request an info-pass appointment in your local office and get a copy from the USCIS office when you go there.
I feel everyone’s pain of waiting. Even after approval the circle doesn’t close! Thank you
Normally, they send the I-94 to the applicant and not the attorney, and so I would reach out to the asylum office and tell them that you did not receive it – you can find their email if you follow the link under Resources called Asylum Office Locator. If that fails, you can request a copy of your file – see the link called USCIS FOIA. I guess as a last resort you can pay the fee, but I think that should not be needed (also, if you have the EAD and the approval letter, you can probably get by without the I-94). Take care, Jason
Anyone from Nebraska service center received approval on FORM 131 FOR REFUGEE TRAVEL DOCUMENT , if yes please share month when you applied .
Thank you
Hi Jason,
Have you ever tried expediting an EAD with USCIS through the White House website (Help with a federal agency) link?????
https://www.whitehouse.gov/contact/
I never tried it – if you try, please let us know what happens, as that will help others. Thank you, Jason
Jason,
How are the cases moving in the Virginia office. Are they able to keep up with the flow at this point? Interview capacity back to pre-Covid levels?
Thanks
Very slowly. Most LIFO cases are not getting interviews. They are pulling some old cases and doing some expedited cases, though it seems pretty random and takes a long time for expedite cases to get interviews (and they are still denying plenty of expedite requests). Usually when I am there, the place is pretty empty, but as this most recent version of Covid wanes, I expect they will get more busy. Take care, Jason
Hi,
I had my asylum interview at the Houston office six months ago but still waiting for the decision. Do you know what will be the reasons for this long wait to receive the decision?
Thank you
Usually the long wait is due to security background checks. You can email them to inquire about your case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I thank you so much for all what you are doing to keep us update on this journey.
I have filed my I-765 application to renew my EAD (which I am a dependent of my spouse on her I-589 since 2015) and currently it’s pending for the obvious reason. However, I did file my own I-589 application (as a principal applicant) in May 2021 as I am struggling to keep intact my Marriage (still legally married though but it doesn’t seem looking alright for the foreseeable future).
My question, is it allowed to send an EAD initial application based on my own I-589 application with ASAP membership while I do have a pending EAD renewal application based on my spouse case?
Thanks
I am not sure what USCIS would do about that. My inclination is to not file the second EAD request yet. If you remain married, the dependent EAD will remain valid. Since divorce takes time, you can anticipate when your marriage will end and file for the new EAD a few months beforehand (ASAP members should get their EADs processed in 30 days – it is not always that fast, but usually it is less than 2 or 3 months). What I do not know is whether USCIS might reject the second EAD since one is already pending, and I see no advantage to finding out or taking the risk – at least until you need to (i.e., if the divorce is becoming final and you need your own EAD). On the other hand, I guess you can try – since the first EAD as principal should be free, there is not much to lose (I believe USCIS will treat the new EAD as an initial EAD, but I am not 100% sure about that either – maybe you want to consult a lawyer about the specifics, but I am not sure there is any guidance on these points from USCIS). Take care, Jason
Thank you so much for your insight, Jason!
Hello,
I have entered the country on a non immigrant visa and met my boyfriend after he had been waiting for his asylum for years already. I am from Europe and he’s from a South Asian country. Would it hurt his case if we married and he added me as a dependent to his pending asylum? Considering my country of origin is mostly safe and I have no grounds to seek asylum myself? Could the officers reason that we can as well move to my country instead of him seeking asylum here?
You should be able to do that and it should have no effect on the case. I just filed a citizenship case where we originally got asylum for the wife (from Asia) and the husband was a citizen of Canada and the UK. He also got asylum as her dependent. Unless your (future) husband gets status from you, he will remain eligible for asylum in the US. Take care, Jason
Hello
I applied asylum in Virginia ( virginia jurisdiction). I am moving to Pennsylvania. Do i have to move my case to different jurisdictions? I read East part of pennsylvania is under Virginia asylum jurisdiction?
Any comments will be appreciated.
Thanks
Actually, the Western part is under the Virginia office. Eastern PA is under the Newark, NJ office. If you follow the link under Resources called Asylum Office Locator, you can enter your zip code and it will tell you which office your case will be in. If you move, you have to change your address (form AR-11, available at http://www.uscis.gov), and so there is no real choice in the matter, though I suppose you can try to move to a location that is still within the jurisdiction of the VA office (though the NJ office is about the same in terms of grant rates, and so I do not see much advantage of one office over the other). Take care, Jason
Thanks for response and correction.
I think I stay in Western PA to avoid moving my case to NY.
Best
The NYC asylum office is not so great, but the NJ office is just fine, so I would not worry about being moved there (unless you have an aversion to New Jersey as a Philadelphia native, I kind-of do). Take care, Jason
hello jason,
i overstayed my B2 visa during which i tried to change my status to F1 ( F1 eventually was denied), my partner came into the country and apply for asylum which was approved and i was her dependent in this case.
we applied for GC after a year of asylum granted. 1. Can my overstaying affect my GC application, despite having a pending case of F1 application(change of status). 2. Can the 1 year deadline rule for asylum apply to me even if im not the principal applicant. Kindly advice
1 – Asylum “cures” that problem, so there should be no issue (but also, having a pending F-1 application should mean that you did not have unlawful presence while that application was pending). 2 – If asylum was granted, the one year rule did not apply or you qualified for an exception to that rule. Take care, Jason
Hello, Sir
I’m a senior in high school and I have a approved asylum case and applied for LPR. In high school they gathered all seniors to register to vote. I have told them that I’m not a citizen of USA. They still told me to fill in the paper. One of the boxes asked if I’m a citizen or not and I filled in a box that says I’m not. and gave them the paper. Can this go against me and my families case in future?
Thank you so much for helping people like us!
I was 18 when my parent applied for asylum. I am 24 now. I am afraid what could happen if my parent won’t be able to remember specific details anymore and they deny our case because of that… It is not like it’s her fault, but she’ll be in her 60’s by the time they’ll get to us at this pace. Or 70. or 80. I certainly wouldn’t know… Seriously, I started college here and I am about the graduate. Are they waiting for me to get to law school, finish it, then sue them?
I guess it creates an incentive to go to law school. You can file your own case, though you must have a basis for the claim. Potentially, you could find some other way to remain here (I did a series of posts about that in August and September 2018), but most people do not have that option. You can try to expedite your parent’s case – I wrote about that on March 30, 2017. Maybe that would help. Take care, Jason
You got yourself in a serious problem young man. You should have resisted your friends and teacher and reject to fill that form.
Did any USCIS agent knock the door yet?
Wait, didn’t @musad correctly says they are not citizen ? why in trouble ?
@FIRSTRESPONDER
why do you have to scare the kid, USCIS doesn’t give a crap about these minor details, If he checked the box saying he is not a u.s citizen then he has nothing to worry about. Even if he or any of his family members did say by mistake that they are u.s citizens on some form, I doubt USCIS going to leave everything else and come after them.
So why are you trying to scare him.
If you said that you are not a citizen then nothing to worry about. not a problem don’t be too scared it’s alright, not really a big deal.
Agrees – as long as a person does not indicate that they are a US citizen, it is ok. But the school should be more responsible, as it is putting non-citizens at great risk, if they happen to check the wrong box. Take care, Jason
Good afternoon!
Thank you so much sir! For everything that you do.
It should not. However, if you vote or state that you are a US citizen, that is a problem. I do think it is unfortunate that the school is making everyone do this – if a non-citizen happens to check the wrong box, it could create problems for them (big problems) and so the fact that the school is not screening for US citizens before having people fill the form is very irresponsible. Take care, Jason
My new EAD was mailed to me but USPS lost it before I receive it. Do you guys think that I would be able to keep working with the approval letter? i am afraid that I won’t receive the replacement on time. How should I approach my employer to explain this?
This seems to happen a lot for some reason. It is very strange. I would check with the post office to see if they can help. Also, you can sign up with USPS for “informed delivery” and so you will know if a letter is arriving at your house (most people are eligible, but it depends where you live). If the post office can’t help, you can request re-delivery of the card (https://egov.uscis.gov/e-request/displayNDCForm.do?entryPoint=init). Maybe that will work. Or you can re-file for a new EAD, which is obviously not ideal. In terms of the employer, if you have a c-8 EAD, you are not eligible to work without the card, and so I do not think the approval letter helps. Maybe the employer is willing to be flexible about this, but it depends on the employer. I would try to get the card from the post office or USCIS first, before you tell the employer, if that is an option. Good luck, Jason
The exact same thing happened to me last year. I paid the full fee, did everything right, got my approval letter for I-765 but USPS never delivered the card to me even though it says it was delivered and I already signed up for Informed Delivery with them + I’m the only one lives in the apartment + the mailbox had my name on it.
I tried explaining it to USCIS by mail and over the phone and both times they asked to file a new application with a full fee.
I wish you good luck and patience
It is very strange and suspicious how often this happens. I really do not know why or what is going on. Take care, Jason
I would recommend you go to the post office that service your area. Same thing happened to me, my RTD was lost. USCIS showed the proof that it was delivered and I never received it. I spoke to the post master and they were able to track the package. They said they delivered at the wrong address and were able to retrieve it from there. USPS also lost one of my friend’s citizenship certificate, they were not able to locate it therefore they paid the full fee so my friend could reapply. I hope you are able to find it. Good Luck!
Hi Jason
My EAD based on C08 is pending since July 2021. I also applied for another first EAD based on TPS status on Dec 15 2021.
I submitted a expedited request for my C08 because of essential healthcare worked and today I received an update saying “We received your request for expedited processing, and we will accommodate that request. Your case is now under expedited review. We hope this information is helpful to you.”
But this expedited review lists my TPS EAD receipt number and Dec 2021 filing date instead of C08 receipt number and filing date so I am worried if I need to call USCIS and correct it.
My worry is, whichever officer reviews my case, will see that TPS EAD is not over 2 months and might just leave it in limbo where as C08 has been pending since July 2021 and it was supposed to be expedited.
Any suggestions?
The expedite criteria should apply regardless of how long the application was pending, so I think (but I am not certain) that you do not need to worry that the TPS EAD will be rejected because it was only filed recently. That said, you can try again to contact USCIS and ask about the asylum-based EAD, and see what happens. I think there is no harm in trying that. Take care, Jason
Thank you, Jason.
My EAD is approved today.
Hello,
I recently received my green card through asylum and my home country passport is expired. I am running a non-profit in my home country and want to travel to my home country to participate in an important event related to the non-profit organization. For that, I would have to renew my home country passport and use it to travel. Do you think this could create a problem for me in the future, even though my trip would be short and only for this organizational event? I can gather evidence to show that this visit to my home country was related to non-profit organizational work. Also, have you seen any asylees get into problems for traveling to their home countries while having green cards? Thank you!
Are you from Afghanistan or Pakistan?????? If you claimed asylum because your life was in danger then why are you now willing to travel to your home country for a non-emergency situation????
What kind of a joke/fraud are you running???????
I hope USCIS / DHS takes the appropriate action against you if you travel to your home country after claiming asylum in the U.S and puts you behind bars for a few years to contemplate what ASYLUM actually is…….
People like you think asylum is a joke and keep committing fraud for financial reasons…….
I think this is not correct. Many people fear non-state actors and can be in their country for a short time for an important activity (overseeing a non-profit or visiting a sick relative) and remain relatively safe, but to stay there for the long term is very dangerous. Take care, Jason
@Khanzada
First thing you think about after getting your green card on asylum is how do I get back home, Seriously WTF…
The whole asylum system is backlogged and every body is suffering because of people like you….USCIS is not even issuing EADs to Asylum Seekers on time anymore….
If you miss your home country so much then why did you claim asylum in the U.S, If your home country was so perfect then may be you should have stayed there……
Why you so mad? You don’t even know his story, don’t judge people because your case wasn’t approved yet, each individual has his/ her own story, you don’t even know if his non profit is to help people from his country that didn’t have the chance to escape, maybe there’s a change of condition in his country, i hope you get your approval soon so you can stop being so mad at people lol
There is some risk, and it depends on the case (and luck). I did a post about this on January 6, 2016 and that might help. Generally, if you fear the government, it is more of an issue than if you fear a non-state actor, like terrorists. You need to explain why you returned and how you stayed safe. The post I mentioned has more details. Take care, Jason
Hi Jason,
I applied for asylum in 02/2017 and had not gotten an interview yet. Yesterday i was fortunate to get approved for my green card via marriage to a citizen. At the interview the officer mentioned having my asylum case with him . My question is will the asylum case get closed automatically or do i still have to contact the asylum office ? I meant to ask the officer but forgot because of nerves lol TIA
The asylum office may contact you to ask about closing the case, but it is probably better for you to contact them (unless you want to keep the case open, for example, to get a Refugee Travel Document or bring dependents to the US based on approved asylum). If you want to close the case, you can email them a copy of the GC front and back to request withdrawal. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
Thanks for the response . It brings me to a second question. My case was based on being a member of the LGBTQIA community. My first trip was meant to be going to my home country to get a passport as mine expired (our consulate only offers Temporary travel card from within the US). Would that be a problem when i return because i visited my home country, or would i be better served by applying for a refugee travel document. TIA
The RTD is much safer in terms of your status here. For an LGBT case, normally the feared harm is not from the government itself (but sometimes, it is). In that case, it is easier to explain a return trip. Nevertheless, there is some risk in returning home and it could affect your status here. The safer approach is to get the RTD and use that to travel, or wait until you are a US citizen and use the US passport. Neither of these options is great, and sometimes you need to travel and cannot get the RTD in time, or the country you want to visit will not accept it. You will have to balance that need with the risk to your status of returning to your country. Take care, Jason
Hello Jason,
An asylum petition was filed to USCIS with the principal and depended applicant. Both get their EADs. Later USCIS’ case was closed and the principal applicant was transferred to the Immigration court. But, the dependent applicant wasn’t (it’s unclear why). So, the dependent applicant filed their own asylum petition to USCIS and it was accepted. After 150 days he dependent applicant (now principal) filed for EAD and marked like “initial” without a fee and with ASAP member card. USCIS rejected this application and wrote that this person got the EAD before (like depended) so a fee 410$ should be paid. The second EAD petition was filed with 410$ fee and marked like “renewal”. Question: Can this person use 30 days limit for ASAP members to get his EAD or not? Because this is not renewal the old EAD, this is initial EAD in new asylum case? Thank you!
Based on these facts, I agree that it is an initial EAD, that USCIS is wrong about the fee, and that they should qualify for the ASAP 30-day thing (though USCIS often does not process ASAP cases in 30 days). All that said, I am not sure what can be done to correct this. I suppose you can put the issues in writing and send it to USCIS with a copy of the receipt. You can also try to call them (800-375-5283) to raise the issues. But I doubt these ideas would be effective. On the other hand, there is no harm in trying. Take care, Jason
Hi Jason,
After waiting for decision for almost 4 years (2 interview) and a mandamus lawsuit, my online status finally changed to Fees waived for new EAD then decision mailed. hopefully it is an approval. Thanks for answering my questions over the course of years! God Bless you!
Hello Allen, I am also thinking about mandamus for my GC. After you applied mandamus, when did you hear about the movement of your case? Like a month or year?
It sounds positive, but you have to wait for the paper letter – Good luck, Jason
Hi Jason,
I just realized I might have made a huge error on my i131 RTD application for renewal. I didn’t include the color passport photos. I’m likely outside of the 30 days for this. Is there anything that can be done? Is there any possible exemption they might use my existing photo on file from the first RTD? Can I still submit the photos now?
I know they ask for them when you submit the case, but I do not remember if they actually use them or use the biometric photos. If you have the receipt, I guess you can send a letter with a copy of the receipt to whatever office sent you the receipt, and include the photos. Or you can wait to see if they send an RFE. Take care, Jason
Hi enronn, i renewed mine and they used the old picture
Hay Jason:
A quick question separate from the topic. Can a non-attorney file a mandamus in US district court for himself? and which is the district court for Arlington office if the applicant is living in MD. Thx
Yes – you can represent yourself in such a case. I do not know of any resources to help with this, but you might check out the American Immigration Counsel website. They have practice advisories that cover many different topics and maybe they have something that would help. I imagine there are many other websites that can help as well. Take care, Jason
Thanks, Jason. I had another question about the jurisdiction of the court in my prior question. Best regards.
I do not do these cases, and so I am not sure. I believe you have to file in DC (where the asylum office HQ is located) or VA (where the asylum office is located). But you need to check that – maybe through a practice advisory with AIC or from some other source. Take care, Jason
Hi Jason,
As always, another great and informative article. I learned many good things from your articles.
A few days ago, I saw that my and my family’s I-485 application (sent in Dec 2019 to Texas Service Center) was “transferred to another office for processing.” There was another update two days ago that says the case “was sent to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case.”
Today, I received an I-797C regarding the first transfer via paper mail (according to its date), and it says that it was transferred to National Benefits Center (NBC). I will be waiting for the notice regarding the second transfer/jurisdiction update.
I was trying to see the processing times for NBC on https://egov.uscis.gov/processing-times/ but it is not on the Field Office or Service Center list. Also, https://egov.uscis.gov/processing-times/more-info says “If the “USCIS Office” is the National Benefits Center (NBC) and you have filed an employment-based or family-based Form I-485, Form N-400, or Form N-600, you should check processing times for your local field office.”
My question is, are asylum-based I-485 applications counted as family-based applications? Newark, NJ is the field office for my town/ZIP code, and its estimated processing times are 13 Months to 26 Months, and the Receipt date for a case inquiry is December 11, 2019, two weeks before our filing date.
Thanks…
It is not the same, and so there is no info about how long an asylum-based I-485 would take at the NBC (though I have a feeling it is the same as the TSC). For our cases, we are seeing them take maybe 2 to 2.5 years for most people, so hopefully you will have some news soon. Take care, Jason
There will be a new Supreme Court justice which is going to be a liberal justice. Should it be considered a win for the asylum community ?
It would certainly be interesting to see how it unfolds. There are 2 factions in the Democratic Party, liberal progressives and liberal centrists. The divide between the two is more obvious than ever. Just look at Joe Manchin, should we still call him a Democrat? Hum and Bernie Sanders look like they are from 2 different parties. Anyway, my guess is that Biden will nominate a centrist like Kamala Harris, which is not a big step forward for Asylees. Also, conservative justices are still in the majority.
Maybe if we can get two more…
We will 🙂 . If we work hard.
Excellent piece, Jason. Very informative. If I am not mistaken, I believe you wanted this piece to be about what asylum pendency for dependents, what happens at the interview for dependents, and submitting the I-589/supporting docs affirmatively. If you see necessary- no rush- you can discuss Nunc pro tunc asylum cases and give examples of how derivative asylees can apply for asylum in their own right (I suppose this would be the “after the asylum grant” part for derivatives).
Thanks
Thank you Jason. What if the main applicant gets his/her own green card (based on EB category), but his/her spouse is not eligible for adjustment of status because she/he is not in-lawful status. Is the main applicant still able to keep the asylum application?
The reason for keeping the asylum application is that the spouse can renew the EAD till the main applicant becomes US citizen, then the spouse would be eligible for green card.
Yes – you can keep the asylum case alive even if you have a GC. However, at some point, you may get a letter indicating that they will close the asylum case unless you specifically request that you keep it open. Look out for that letter – if you do not respond to it, they will close the case (I am not sure if everyone who gets a GC receives the letter, but we do see it for our clients now and again). Take care, Jason
Hello Everyone,
I have been a silent reader on these forum, I will like to share my journey towards getting my green card and then ask questions.
Applied for Green card on August 2019 waited and waited but later filed lawsuit in October and got the Green card in November 2021.
my question is the category appear on the card as ASY for me as the principal and ASY for other dependants, I just want to know if anyone that just got their green card has the same category as mine. Thanks
I think that is the same for anyone who got the GC based on asylum. Take care, Jason
Did you file a mandamus?
Hi Jason – My asylum case was approved on Sep-21. I submitted form I-730 (Follow to Join) for my spouse. Due to recent events in Afghanistan, my spouse was evacuated to one of the European countries. She does not have a passport and the host country does not issue a travel document to asylees. We also have no idea when Afghan Embassies will resume issuing passports.
Back in the day, I remember some Afghans were admitted to the US (as asylees) through UNHCR and did not have a valid passport.
I am wondering if there is any way for my wife to get a travel document from the US Embassy to get here?
What is your suggestion about my wife’s case?
Thank you!
I think she should gather any identity documents she can get, such as the Taskera, work or school IDs, anything. She might also try contacting Afghan embassies in different countries. I am not sure whether any of them are issuing passports – at least the embassy in the US is “rogue” and not under control of the Taliban government. I do think they stopped issuing passports, but I am not sure, and I do not know the status of the different embassies in Europe. Otherwise, I am not sure whether she needs a passport to travel once the I-730 is approved. There is a link under Resources called I-730 Family Reunification Manual. You might take a look to see whether it discusses the situation where the person does not have a passport. Take care, Jason
Hi Jason,
My Asylum status was approved on May 17 2017 and subsequently I received my Green Card on 8th June 2018.
When shall I be eligible to file application for naturalization ( Form N-400)? Will the 5 years eligibility criteria be counted from the day my Asylum status was approved? What are the documents that needs to be submitted along with Form N-400? Further What is the normal time to process the application after submissions of required documents?
Thanks.
James
You have to look on the Green Card itself, which should say “Lawful Permanent Resident since” some date. From that date, you can file the N-400 after 5 years, but you can actually mail the form up to 90 days early, so that would be about 4 years and 9 months after the date on the Green Card. In terms of documents, it depends on the case, but at a minimum, you need a copy of your GC (front and back), copy of passport and birth certificate (if you have them), copy of divorce documents if you were ever divorced, 2 passport style photos, and the fee. We also usually include the order granting asylum. Other documents may be needed depending on the case, and so talk to a lawyer if you are not sure. We are seeing processing times for most citizenship cases take less than a year, though obviously, it varies by case. Take care, Jason
Hello Jason!
I checked my case online today and I got surpised. It says On January 26, 2022, we transferred your Form I-485, Application to Register Permanent Residence or Adjust Status, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. I am really nervous, I dont know if it is good or bad news.
Quick summary:
I applied asylum in 2018 May.
My case was approved in 2018 July.
I applied GC in 2019 July. Since then never heard anything. after 2 years and 6 months finally I heard something.
Let me guess, your case was processed in TSC before it was transferred, right? Well, it looks like they are moving 2019 cases sitting at TSC to other centers. Not sure if this is good or bad news because they love to pretend they are acting while they are just creating backlogs left and right.
Yes, correct.
Asylum case was in Nebrashka and It was quick. But GC case was in Texas, very slow processing center. I want Nebrashka.
T’CHALLA, TSC is transferring cases received in 2022 as well. I know 3 people who got the same notice. They all filed in 2020.
Jamie,
Thanks for this information. This is strange. I just hope all those sudden transfers do not mean we are just turning around from centers to centers, backlogs to backlogs. I’m starting to believe this whole thing is run by amateurs or maybe intentionally manipulative people.
Jamie,
Thank you for this piece of information. Geez do they even have a plan?. I hope this is not another turn around in circle and do nothing. I’m starting to believe this whole thing is run by amateurs or intentionally manipulative people.
USCIS is moving cases around due to their workload. It has no real meaning, other than that your case is still moving. Hopefully, it means you will see some substantive progress soon. Take care, Jason
Dear Jason,
My case is the same as T’CHALLA. it has been 9 months since transferred to NBC. I applied my green card in June 2019. What can we do about this? It very stressful.
Thank you
Dear Jason, Thankyou again for such informative article, I had a question about combo card. We as a family have applied for adjustment of status and travel document but at the time of application our EAD’s were valid for another year so we did not submit i765 with the application. Can we do it now ? So we get a combo card as our travel document and EAD?
Thanks
Jenny
For adjustments based on asylum, where the EAD is category a-5 (asylum granted), we used to use the the I-485 receipt instead of payment. However, that stopped working a while back and we have not done it since. So my understanding is that you have to pay for the new EAD separately (or use a fee waiver, form I-912). In addition, the combo card is for Advance Parole and an EAD, but an asylee needs a Refugee Travel Document, which is different from AP. Maybe you can get AP based on the pending I-485, but we have never done that for an asylee. Take care, Jason
Jason,
I have an ead pending case and I see on my uscis account my full name is written First name NMN then Middle name. They have used my middle name as last name, how to fix it before they approve my case? There’s a way to contact them before they print my card?
There is a link to make corrections on documents: https://egov.uscis.gov/e-request/Intro.do
Maybe that will help. You can also try calling them at 800-375-5283. You can also try both. Take care, Jason
The mistake is from them. I called them several times but I can’t talk to a representative. I sent them a message through my online account. Do you know how fast they reply to message?
I don’t know, sorry. Maybe someone else has a better idea about this. You are entitled to get a new card at no cost if it is their mistake. However, that means sending in the current card and waiting. Presumably, it would be faster to get a replacement to fix the error, but you never know. I would keep trying to call and hopefully you can reach someone. Good luck, Jason
Dear Jason,
I am a derivitave asylum applicant of my husband. We were interviewed 3 years ago still with no decision and the case is probably in background check. I am currently in F-1 status and I have applied to NIW EB-2 1.5 years ago. My I-140 got approved but my I-485 is still pending. Most of my friends (more than 15 data points) who have applied at the same time or even months later than me have received their green cards but it seems my I-485 case based on NIW is stuck due to my pending asylum case. I reached to USCIS tier 2 officer and asked about the delay in my I-485 case and the officer told me they have reached out to the Asylum office to inquire about my asylum case but have not received any response so far and they cannot proceed with the I-485 case unless they hear back from them. Is there anything I can do to ask Asylum office to respond to the office handling my I-485 case to get my case out of the this issue? Thanks
OMG this does not sound right Asylum should not be a case for them to delay their decision. Did you have a valid passport when you applied for i 485 with NIW?
Sometimes the asylum office has a file that USCIS needs to process the case (at least that is what I have heard), and so the asylum office needs to be encouraged to send the file to USCIS so that the USCIS case can continue. Take care, Jason
I would contact the asylum office directly, tell them the problem, and see if they can assist. It is best to email them – you can find their email if you follow the link under Resources called Asylum Office Locator. I would only withdraw from the asylum case as a last resort, but we have done that for people previously (it has been years since we did that, and I would definitely not do it without consulting a lawyer about the specifics of the case beforehand). Anyway, hopefully, if you email them, they can help. Take care, Jason
Hi Jason!
I wanted to ask, what does it mean when I-485 case status changes from “Fingerprint were taken” to “Case transferred to another office” after two years three months. Is it bad? Good? What’s the reason?
Thank you so much for your work and help
I do not put much stock in these messages. At least you know there is some movement, so I guess that is good. Our cases are being transferred to different offices all the time in an effort by USCIS to more evenly distribute their work load (so they say). Take care, Jason
I googled the same. I wanted to double-check with you bc you give me hope. I appreciate your help! Time! Contribution! Be well, Jason!
Hello,
I also received the same notification today January 26th my case was transferred to another office. It was in Texas S Center.
Quick summary:
I applied asylum in 2018 May.
My case was approved in 2018 July.
I applied GC in 2019 July. Since then never heard anything. after 2 years and 6 months finally I heard something.
Hi Jason, hope you’re well!
Few questions-
One of my relative’s master calendar hearing continuously kept being rescheduled over the past 2 years. They no longer have a hearing scheduled and their attorney has received an Order Schedule. One of the reliefs requested on their application was for Cancellation of Removal, for which the fingerprint is scheduled for this month.
1- How soon after the fingerprint can they expect a hearing as per current time line.
2- Is this hearing their last stage in the process? After this hearing are there any steps left in the asylum process to contest if need be?
3- What documentations should be gathered at this time in lieu of the cancellation of removal?
Thank you so much for all you do; we don’t take it for granted.
1 – The fingerprints are done by USCIS and the hearing is set by the judge. These are two different entities and one has nothing to do with the other (though maybe the judge does not want to schedule a hearing until fingerprints are taken; I guess that is possible). 2 – For Cancellation of Removal, if relief is granted, there is a queue to actually get the final order from the judge. The queue takes about a year or maybe 2 years (the judge should know the approximate wait time – it is not like the asylum “queue” that takes forever). Once you get the final order, you need an appointment with USCIS to get the actual green card. Usually, you can get that in a month or so. 3 – For a Cancellation case? It depends on the case – these cases are difficult to win and you need to get help from a lawyer. At a minimum, you need evidence to prove you have been in the US for 10 years before you received the Notice to Appear (the document initiating the court case), that you are a person of good moral character with no (or minor) criminal issues, and that you have a LPR or US citizen relative who will suffer exceptional hardship if you are deported. This is not the type of case most people can do on their own and you would do well to talk to a lawyer for help. Take care, Jason