Last week, Vladimir Putin and his supporters launched a vicious and unjustified war against Ukraine. The war is an act of mass murder and terror against the people of Ukraine. Given Mr. Putin’s history of oppression at home and violent interventions abroad, there is little reason to be optimistic about how (or when) this war will end. And of course, there is a real danger that the situation will escalate into something much larger.
It is unclear how much support the war has from ordinary Russians. Perhaps many within Russia have been misled by “President” Putin’s propaganda machine, which has repeatedly and falsely accused the Ukrainian government of persecuting Russian speakers in Ukraine, and which has painted the war in terms of Russia standing up to the West. While Mr. Putin’s popularity seems to have increased before fighting started, there are signs that many Russian’s are not buying what he is selling. Indeed, protests have continued throughout the country despite a government crackdown.
And what of Russians living abroad? They are less likely to be swayed by Mr. Putin’s false propaganda, as they have access to more reliable sources of news. My sense is that most Russians in the diaspora oppose the current war.
In this post, I am interested in a specific sub-set of Russians living outside their country: Diplomats and other government employees. If such people defect to protest the unjust war against Ukraine, would they be eligible for political asylum or some other relief in the United States?
The short answer is Yes, but as usual, there is more to the story.
First, let’s talk numbers. As of last fall, there were about 400 Russian diplomats in the U.S. Some of these were expelled earlier this year, and so the number is lower now, but there are other Russian government workers and diplomats in the United States, including at the United Nations and other non-governmental organizations (such as the World Bank).
Presumably, most of these workers were loyal to the home government, at least at the time they were deployed. Some may be loyal based on ideology. Others may fear retaliation against themselves or their family members if they engage in disloyal behavior. But I wonder how that calculus has changed since Mr. Putin began his most recent war. I would imagine that for some Russians in the U.S., the audaciousness and irrationality of the Ukraine invasion has caused them to question whether they can continue working for the current government. At least I hope this is happening.
Let’s say that you are a Russian diplomat or government worker who is in the U.S. (or who is able to come to the U.S.) and you oppose the war against Ukraine. What can you do?
The most obvious choice is to file for asylum. The mere fact that you are a diplomat or government worker would generally not be enough to receive asylum. However, if you take action against the Russian government (such as publicly denouncing the invasion or revealing state secrets), you would likely have a strong case for asylum in the U.S. Indeed, asylum was created largely for this purpose–to offer protection to people who stand up to authoritarian regimes and who likely face persecution if they return home.
In addition to asylum, certain Russian diplomats could qualify for a Green Card based on Section 13 of the Immigration and Nationality Act. See also 8 C.F.R. 1245.3. To qualify for status under Section 13, you must meet the following criteria–
- You entered the United States as an A-1, A-2, G-1, or G-2 nonimmigrant
- You failed to maintain your A-1, A-2, G-1, or G-2 nonimmigrant status (in other words, you left your job)
- Your duties were diplomatic or semi-diplomatic
- There is a compelling reason why you or your immediate family cannot return to the country which accredited you as a diplomat
- You are a person of good moral character
- You are admissible to the United States for permanent residence
- Granting you a green card would be in the national interest of the United States
I wrote more about Section 13 here.
Both asylum and Section 13 allow an applicant to include family members in the case–a spouse and children who are under 21 years old and unmarried. Also, while either application is pending, the applicant (and the family members) can obtain employment authorization (for asylum applicants, this takes about 8 or 9 months, and for Section 13 applicants, it probably takes 5 or 6 months). It is also possible to travel outside the U.S. while these applications are pending (easy for Section 13 applicants; more challenging for asylum applicants). Processing times for these cases are very unpredictable. For a small minority of applicants, asylum can take just a few months; for others, it takes years. Section 13 cases probably take at least two years, but due to the limited number of Section 13 Green Cards available (50 per year), there may be additional delay. While cases can be long, the good news is that the likelihood for success for such applicants is high. Talk to an attorney about the specifics of your case to learn the best options for you.
If you are a Russian diplomat or government worker in the U.S. I hope you will take a stand against Mr. Putin’s war. You know that this war is unjustified and that many innocent people are dying. You also know that you have the power to make a difference–by defecting and declaring your opposition to the invasion, you will weaken Mr. Putin and encourage further dissent. If you are in this position and you take such action, the U.S. can assist you. Asylum and Section 13 were both created for occasions such as this one, where the home government has embarked on an evil and murderous course, a course that all true Russian patriots will oppose.
These are difficult and dangerous times. These are also times for choosing. Whose side are you on? For those diplomats and government workers who wish to choose decency, humanity, and honor for themselves and for their country, the United States and its people stand ready to help.
Hello Jason
I was checking my uscis case status and it said “My decision was mailed We reached a decision on your application. You should expect to receive the decision shortly. You must follow the instructions in your decision letter as to what to do next.”
Some people are saying that this is a negative response because it says” what to do next”
So please I’m confused now
Of course I’m talking about asylum decision
I do not think that has any meaning. You need to wait for the paper letter. Good luck, Jason
Hi Jason,
Thank you for the support to the asylum community.
Me and my family have filed for I-485 (based on granted asylum) almost three years ago. For the past three years there have been little movement in our case. Today we received a letter from USCIS with a request to send a completed Form I-693.
While we have been waiting, my husband’s employer (he has H1 Visa) wanted to sponsor his green card and the green card application is being prepared. As part of the application, the lawyer asked us to send a completed I-693 as well. That means we are asked to submit two Form I-693s. We are confused what to do? Is it even legal to submit two GC applications? Which one would be faster? I want to know your insight before I talk to my lawyer.
Thank you for your help!
Hi Jason,
Thank you for all your assistance. Quick question: I’m filing for an asylee based green card and have a question on Public Assistance. I received stimulus check from the US government. Will checking yes impede my application? Thanks!
Asylees are not subject to the public charge rule, so they would have no effect. Also, I think such checks do not count as public assistance, though I am not certain about that, and I would probably mention it somewhere in the application, especially since receiving them would have no effect on an asylee adjusting status (I would mention it because I would not want USCIS to come back and accusing me of lying about receiving the assistance). Take care, Jason
Hi Jason,
Thank you for the support to the asylum community.
Me and my family (I am the primary applicant) have filed for I-485 (based on granted asylum) almost three years ago. For the past three years there have been little movement in our case. Today we received a letter from USCIS with a request to send a completed Form I-693.
While we have been waiting, my husband’s employer (he has H1 Visa) wanted to sponsor his green card and the green card application is being prepared. As part of the application, the lawyer asked us to send a completed I-693 ASAP. That means we are asked to submit two completed Form I-693s at the same time. We are confused what to do? Is it even legal to submit two GC applications? Which one would be faster? I want to know your insight before I talk to my lawyer.
Thank you for your help!
I would talk to your lawyer since that person knows more about your case. However, if the employment-based application was not yet filed, it makes much more sense to respond to the RFE and send your medical exams. You already paid for that application and it finally seems to be moving, so it would make sense to finish it up rather than start again. If both applications are pending, I think you will likely need to send medical exams for both cases, but I would also inform USCIS that you have two applications pending, and hopefully, that would avoid any confusion. Take care, Jason
Hello Jason
My father filed a writ if mandamus in 7th of February 2022
After how much time will they reply to him? whether it’s a court or a decision
I do not know, but it would depend on whether they will simply agree to what he is seeking (as asylum decision?) or if they will not. If they won’t agree, they have to fight the case in court and the timing will depend on the federal judge’s schedule. Take care, Jason
Things everyone shouldn’t do while applying for asylum:
Don’t-S
………….
1-Do not file asylum case for improper reason: for example, just to get a work permit. This is wrong, you will end up in removal proceedings, and may be punished for frivolous asylum filing and will end up in deportation too.Please understand that asylum is not an option to prolong your stay in the United States.
Do not send requests to expedite your asylum interview unless you have a very good reason for it (urgent humanitarian or medical reason, usually).
Do not leave the United States without an advance parole if you have a pending asylum case.
Do not ask for your interview to be rescheduled more than once. First, an asylum office may deny even the first request if no good reason is articulated for the request. Second, if you ask the interview to be rescheduled again, very often, you will be denied. However, some offices are more flexible than others, but you need to be prepared for the possibility of being referred to an Immigration court each time you submit a request to reschedule your interview.
Do not be late for the interview, and do not be too early: you will not be allowed to the building, especially currently, during COVID. During the COVID: you must bring your mask, and your pen when you are called for the interview with USCIS, including Asylum interview.
Obviously, do not make up anything that did not happen, be complete, truthful, and on point. When testifying, you should concentrate and answer the question that was asked. If you do not know the answer, do not guess it. Do not think about what the officer would like you to say. Just state what you know, and what happened. There are no “extra points” for being evasive and non-responsive
Honestly, you just need to disappear already. We know you are the same person(“Asylum”, “Asylum Approved”…)! We can tell by the way you write. Why you are projecting? You are so obsessed with what other asylum applicants do, don’t do, say, or don’t do. You need to focus on yourself and your case!
Hi Jamie,
I don’t think so.
Asylum approved, aka so many other names does not have punctuation keys on his computers and mobile devices.
Adam is a different person.
LOL :-0 @Tina.
Tina,
Haven’t seen you here for a while 😊😊😊 welcome back, I guess once people get asylum approval they don’t visit this forum as much 😊😊😊😊😊
Hi Joe,
Thanks for remembering me.
I was getting into a lot of trouble, so decided to take a break😊. I also don’t have a lot of time like I did, because I am in school.
This blog is like family to me, so I will be around for a very long time😊
All the best.
Tina,
I am really glad things are working out really great for you, You were always a voice of reason here (You were never any trouble here), I am glad that after asylum approval your life is finally as it should have been from the beginning.
Best of luck and may you see much more happiness in future, Please keep helping other people here through your valuable experience. We need more hope from people like you.😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊😊
Thank you so much for the kind words, Joe.
I wish you the same and more.
Nice to see you here – I hope all is well, Jason
Thanks, Jason.
Yes, all is well.
Hey tina. When did you file for asylum and when did you get interviewed?
Hi Jason. I really appreciate all your help for asylum seekers in the US. I’m from Ukraine and I’m waiting for my interview in asylum office since March 2018. Do you think i should apply for TPS in order to get some attention from USCIS and probably get scheduled my interview sooner? Also can i get the EAD from TPS status sooner instead of waiting for delayed renewal for c08 category?
Hi Asylum Ukraine, I am not Jason. He will reply to you soon. In meantime, a few points to consider:
1. In my personal experience, I don’t think they will move your asylum case faster because of another immigration process.
2. TPS application is subject to a timeframe. If you don’t apply timely, you might lose the opportunity to get TPS. It is not as good as Asylum granted, but at least it gives you legal authorization to stay and work here and travel overseas if AP is approved.
3. If you get TPS approval before you get an interview decision and later the decision is negative, they might not refer you to court because you are in legal status. Jason might know what to do if you want to move forward with your asylum application, but not sure if possible while you are protected by TPS.
4. If AO approves your asylum before or after TPS, no impact
5. I know a few people who have been waiting 12 months for TPS-based EAD, so I don’t think it is faster or slower, most of the offices have a large backlog for EAD. Also TPS approval can take time.
I do not think filing for TPS will help get you an interview sooner. However, given the disaster in Ukraine, you might use that as a basis to expedite the asylum case. I wrote about expediting on March 30, 2017. The main advantage of TPS at this point would be that it is much easier to get Advance Parole and travel outside the US if you have TPS, as opposed to AP based on asylum pending. Also, maybe the work permit would be faster, but I am not sure about that. Take care, Jason
I went to my interview 3 hours late , and the officer interviewed me at 5 pm , and I got approval!!!
My friend was at his final hearing online with the judge and his lawyer. All when well but the judge ask the govt lawyer if he was an enforcement priority. The govt lawyer said no but he wanted my friend to be send back. The judge said no he can’t make a decision now but Will need time to decide either to grant or denied. And will let his lawyer know by mail. The judge said he need more time to think about it and my friend will need to wait and not hurry or ask for a decide now.
Is this a good sign or not? It has been over Month now. Do you have an experience with this? He has no criminal record and been living right in the us paying taxes correct until now for 5yrs now. What do u think will happen? Will he be granted or not? Have u had a case like this? What was the result? Or what do u think the result might be?
Please let me know.
Thanks
This is pretty common. Some judges are faster than others about issuing decisions and you cannot know the decision until it is issued. I would give the judge at least 2 or 3 more months, but if there is no news, you can call the judge’s clerk and try to remind them about the case. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hello Jason
I am about to submit my application for naturalization to USCIS in few weeks. However, I am somehow confused about the following question in the application.
Part 12
Question 35. Have you ever been placed in removal, exclusion, rescission, or deportation proceeding?
When I applied for Asylum initially the asylum officer denied my application and referred my application to the Immigration Court. The court eventually granted my application.
My question is when the AO denied my application and referred my case to the court was I put in removal proceedings?
Thanks
If you were in court, you were in removal proceedings and so you should check yes. For our clients, we circle the question and write “see cover letter.” In the cover letter, we explain that the person was in court and then got asylum from the judge. We also include a copy of the order granting asylum (if you do not have the order, you can follow the link under Resources called EOIR Case Status and you can find proof that the judge granted relief – that should be good enough for purposes of the citizenship application). Take care, Jason
Gracias por tu ayuda….
Dear Jason,
I am an asylee and my EAD will expire after six months. I am about to apply for the renewal. I work in one of city’s public works and I want to apply for the expediting based on financial issue because I have to pay my monthly mortgage as well as living costs. My question, is it solid ground for expediting? or expediting is only for someone who works in Health care. My second question is, can I send my expediting letter request with my I785 documents or I should wait until I receive the receipt notice then I should submit my expedite request.
Thank you
As an asylee you don’t need a work permit to work in the us
Thanks Asylee but I talked to the HR and showed them the Notice Approval and flyer from USCIS that states as an asylee, you do not Necessarily need to have an EAD issued by USCIS to prove eligibility to work in the US. However, I was told, you still must apply for a renewal of the EAD doc. So, I just want to be in the safe side.
Thanks again
Asylee, you DO NOT need an EAD to work if you were granted asylum. You should use your I-94, state ID, and an unrestricted social security card. If you do not provide these, you need an EAD. If you present the right documents, your employer can’t legally terminate your employment. Your employer should also be using E-VERIFY. I wish asylees would learn to stand up for themselves.
JAMIE, Thank you so much bro for your comment. Its really highly appreciated. I did what you recommended. Guess what? The HR notified me that I as an asylee do not need to renew my EAD and they are going to update my I-9.
Hi Jamie, can I remove my restrictions from my social security with my I 94 and the approval letter?
You should be able to. You should also have the order or letter granting asylum. Take care, Jason
Maybe show them that link I posted – If they were to fire you for not having an EAD when you are eligible to work anyway, they may be vulnerable to a lawsuit, so hopefully, they will do the right thing. Take care, Jason
I wrote about expediting on January29, 2020 – maybe that would help. You can try to expedite on this basis, though I do not think USCIS will agree to expedite in this situation, as it is the same problem everyone has. Nevertheless, you can try. I recommend you include the expedite request when you file the I-765 to renew your EAD. Also, as someone else pointed out, people with asylum do not need an EAD to work lawfully. You can learn more here: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees. Take care, Jason
Hello Jason,
Thank you for writing this blog to help lots of people like us. So much gratitude.
Do you know what is the wait time in Texas right now when you apply a green card. I was granted asylum from court end of 2021.Thank you again.
SK, congratulations on approval. My case is in MCH in Texas. Thanks for sharing.
Keep your Hopes up man, you will definitely win it, Best of luck to you.
@oscar,
Thanks for your wish!
Hi Jason,
The processing time for GC based on Asylee as change from 46 months to 52 months since yesterday the 14/02/22.
1- What can be the cause of this long wait and can someone do something?
2- Are we going to get credited for all the years we’ve been waiting when granted GC?
Thank You
1 – I do not know the exact reason, except that USCIS is a disaster. You can try to expedite – I wrote about that on January 29, 2020. 2 – Unfortunately, you will not. Though they are supposed to back-date the GC one year to give you some credit. Even this, USCIS does not always do, which is a clear error on their part, but it is difficult to correct and most people will not be bothered to do so. Take care, Jason
Hi urbain , how did u know about that information, can you send me a link plz
It seems to be 2 or 2.5 years, which is truly ridiculous. You can try to expedite – I wrote about that on January 29, 2020. Take care, Jason
Hello jason,
I have been waiting for asylum interview since 2016. Have international student status F1 beside my asylum case. I used to work with asylum work permit for 9 months and after that I did not work. My husband who is permanent resident( he is not eligible for citizenship till next four and half years) wants to apply for me to get my Green card through marriage base, but there is a big dilemma that still I could not resolve. I talked with a dozen of immigration lawyers about my situation and case, but no one gave me a clear answer. The question is: am I eligible for applying for green card? Does uscis consider me in status or out of status due to work with asylum work permit? Has anyone in this forum had similar case or know somebody who could get green card through this route? Anyone comment would be a great help
Thanks
As far as I know, this is a question that does not have a clear answer. I think there is no regulation on the point (whether you are out of status for having worked with an EAD), and no case decision. If you have not had a lawyer formally research the question, you may want to do that. If not, I think you have to live with the unknown and apply for a GC if you want. You can make the argument to USCIS that you are in valid F-1 status and therefore eligible to get your GC based on marriage to a person with a GC. I do not know how they will decide, and what you risk is the filing fee (and lawyers fees if you use a lawyer). I have not researched this question either (at least not in a long time) and so I do not know the answer, but my recollection is that there is no answer, and you have to make an argument and hope USCIS buys it. Take care, Jason
Hi jason,
My concern is not the fee and cost. Our biggest concern is the outcome and the consequences if they denied the case. A lawyer told me the uscis should either accept that you are in status and approved the case or accept that the cause of out of status is for technical reason or matter of something( i can not remember the arguments he discussed with me but he explained that if you file adjustment before uscis makes decision on your case, you are eligible for adjustment since they did not take action on your asylum case, but if they refer the case to the court prior to file adjustment status you are not eligible). As you mentioned we have to make an argument. Do you believe it is a right approach? As you told we have to file and fight
Thanks
Given that there is an asylum case pending at the Asylum Office, even if the I-485 is denied, I do not think they would refer you to Immigration Court. I am not certain about that, but it seems there would be no need to, since you still have a pending application for relief (affirmative asylum). It would be nice if USCIS would publish something on this point, as it affects many people, but for now, as far as I know, there is no clarity. I really do not know what is the best approach – I think it is just a question of evaluating the risks as best as you can and deciding how important it is to file the I-485 sooner rather than later. The longer you wait, the lower the risk, since your spouse will be closer to being a US citizen. Also, you can file the I-130 alone since that will be approved, and then you will have that piece out of the way (though I suppose there is little advantage to that at this point – but if you were referred to court with an approved I-130, it might make it less likely that a judge would order you removed, since they would know that you would soon be eligible to adjust). Take care, Jason
Hi Jason, Thank you very much for your excellent work and help. I am an LPR as a result of asylum since 2017 and I am now filling my N400. During 2019-2020, I went to Europe for about 7.5 months for my master studies. I had a Re-entry Permit on me for this trip plus I came back to US for 5 days in between to not have my one trip extend more than 6 months outside US continuous. Before leaving, I gave up my rental apartment and rented a storage space for all my stuff. I also kept a mailbox address during this time for communication. I was also using my American sim card during the time I was away. I kept my car also in storage and had to insurance coverage during this time. From your experience, how difficult it could be to prove USCIS that I did not abandon my residence?
Hi Kali, I am not Jason. He’ll respond; continue to look out for his response.
I don’t think you should worry about being accused of abandoning residence. Instead, you should make sure you meet the continuous residence and psychical presence requirements for naturalization. USCIS will also require all of your international travels on the N-400. You should make sure you list ALL of them, and you should also make sure you did not break the continuous residence requirement.
Furthermore, it’s usually an immigration officer with CBP who accuses LPRs of abandoning their residency.
You re-entry permit, not staying outside of the US for more than 1 year, and your reason for staying outside of the US (for study) show that you intend to keep the US as your place of residence.
If you did not have an absence of 6 months or more (even if the return visit was only for 5 days), you should be fine. However, I am not certain, as I do not know the case and you might want to have a lawyer evaluate the situation. Also, the N-400 web page at http://www.uscis.gov has some good resources about naturalization eligibility. Maybe those would help. Take care, Jason
Hi Jason,
The recent trends in this blog are really worrying. The way people are unnecessarily attacking others and nothing is being done is worrying. Not sure what you could do but something needs to be done even if it means closing the comment sections or making it a member only page were if someone is toxic their profile can be deleted. This group always brought hope to many of us with positive stories something that has changed since last year. Thanks
Concerned, if the comments bother you that much just skip/ignore them. Personally, I think people get needlessly worked up over things that are trivial. I also think it’s useless to expend so much energy to censor every single comment. Many of the rude comments make absolutely no sense, and they scream “HELP ME, PLEASE!” They are literally people crying out for help.
Your attitude makes me feel better, and it is basically my attitude as well, but at some point, I need to take down comments that are too distracting, as I have done here. Take care, Jason
Jamie,
Thank you for your kind and compassionate attitude, Seriously it is not really a cry for help. I haven’t worried about my asylum case since last 2.5 years. I have a very strong case with strong evidence including police reports, court records, other strong evidence, all of which are in english language and can be verified online by uscis.
My asylum case is based on religious persecution, I am a christian asylum seeker from a muslim country in middle east. I have talked to 5 different attornies and all have told me that I have a strong case and strong approval odds.
I know it has been 6 years now but I just got busy with my career and I did not bother waiting really.
I don’t know why other people are more worried about my case than I am. As I said I have no problem, USCIS can take it’s sweet time. I know with a good certainty that my case will be approved.
Also my employer started my EB2 process last year. They will submit the I-140 soon once DOL certification is complete. I am not putting much hope on that but I have seen other people adjust status while being on pending asylum. My boss/employer was insistent on filing for EB2 even though I told them I don’t even need it.
You seem like neither a Christian or a Muslim …
All the vulgar words I mean…
Make no mistake I like men who swear but…I don’t know…
@Asylum Seeker
Yeah well If you didn’t figure it out already, which you should have by now, I am kind to people who are kind to me and others and I am a certified asshole for those who are either cruel to me and others.
Christ may have said to turn the other cheek for sure I agree, But a man in this world could follow that teaching for so long and so much……..In general as I told you asylum seeker I am a very kind and compassionate person….
You do remember I even offered to help you financially and setup a go fund me for you when you said you were in financial trouble remember?????????? Also when you were still pretending to be a poor asylee and I was still convinced you were one I gave you kind advice many times……..Plz go back all the comments where I gave you kind advice are still there…
Now don’t blame christianity just because I became an asshole after going through a miserable and tough life…….Christ was still right about kindness and compassion……Juist because I learned to be an asshole in america does not mean christian teachings are not true…
I realized long ago when I first got to america you have to be an asshole to survive in this country…..This is part of your culture…I just adapted to it…..don’t blame me for it……I am still kind to a lot of people here….But I will use every profanity known to man when the time comes…..
I am still better than your so called conservative American Christians…Atleast I am not cruel to people who need my help…….Sure I use a lot of profanities and sure I have definitely have anger/mental issues but which asylee doesn’t….
Any person would easily go mental in my situation….I am surprised I have kept it together for so long……Like even functioning in your job and living a day to day life with so much mental trauma and depression is a big feat………
You have to understand what group of people you are talking to……Sure there was once a time when I was a great practicing christian but these days I don’t think I have the patience to turn the other cheek, Christ may have taught so but sorry can’t do it anymore……..
@Asylum Seeker
There are hundreds/thousands of people here on this forum including Jason. Now tell me again how many people even offered to help you financially or otherwise when you were saying you needed financial help…..Remind me again……..Who suggested to setup a gofundme campaign for you…….
Now tell me again that I don’t seem like a christian to you…….Was I not the only person here among hundreds/thousands who offered you financial help and other help………….If that’s not Christ’s teaching I don’t know what is……..
I will just have to play kindergarten teacher, as I must do periodically. It is very disrespectful to me and everyone who visits here, but that is the nature of the internet. Take care, Jason
Jason,
No disrespect is meant for either you or other people on this forum.
I know that people feel strongly about these issues and sometimes get a bit carried away, and I will generally leave all comments up, though if comments go too far in an unhelpful direction, I will remove them. Take care, Jason
Hi Jason,
I have a quick question, I came to US in a tourist visa and my finance and I got married and filed for I-130 petition. We had to travel to our home country to celebrate our wedding, while there, his mother got really sick, so we are unable to come back to the US in this situation. What are my options now? Can I just go to the US and apply for work permit?
Please let me know
It seems that you case does not have anything to do with asylum ?
I do not know the case, and so I do not know. However, if your spouse is a US citizen, you can continue the I-130 and once that is approved, process the GC at the US embassy. However, if you are not sure, talk to a lawyer, as I do not know whether you are eligible to do this. Take care, Jason
Hi Jason,
Am i able to renew my travel document as an asylee ahead of time before it expires like it is done with Work permits? Thanks
Hi Jason,
Am i able to renew my travel document as an asylee ahead of time before it expires like it is done with Work permits? Thanks
The Refugee Travel Document? If it is not yet expired, they want you to mail the original document to them when you apply for the new document. Of course, this is idiotic, particularly now, given the long delays. I have heard about some people applying for the new RTD without sending in the original, and then USCIS sends them a request for evidence to submit the document. I am not sure if this would work, as I have not tried it and I believe it violates their instructions, but maybe you can see if anyone else has done that, or if you can find a lawyer who has tried it. Take care, Jason
Hi Jason,
I was wondering what do you think on Amazon wear house operational employees and managers, do they qualify for the healthcare workers program for expediting EAD’s ? I’m one of them and I’m at work since the pandemic started. We also got essential workers letters back in March of 2020 to show as prove of the essential business we are providing for Americans.
Thank you for your help
I think that would be a stretch. Maybe if there is a part of the workforce that deals with medicine or healthcare equipment, but for genera workers, I think they would have a hard time showing that they are healthcare workers for purposes of expediting an EAD. Take care, Jason
I have a question I want to ask.
Can asylum seekers who didn’t go through credible fear screening in the southern border be generally presumed to be rich people ?
Because I was recently doing some calculation. So for an asylum seeker to arrive in the U.S., that individual needs to apply for a B1/B2/F1 visa, all of which needs demonstration of ties to the country of origin and non-immigrant intent…for which I believe people usually submit bank statements, which only non-poor people have ? And then if this individual successfully get their visa, they need to book a flight to travel to the U.S., and then once landing, other than settling down, this individual will probably need to find a lawyer to file their asylum application ? while can’t work for 365 days ? (Not sure if it goes back to 180 days now)…
So all these totally: visa application + travel + attorney fee + living expenses during the 180 or 365 days…it could easily top 5 digits…(which is kind of higher than a lot of Americans’ saving account).
So if a person doesn’t have the option to attend credible fear screening and that person is not rich enough to attend visa interview or travel to the U.S. or find an attorney or endure long time unemployment, how may that individual seek asylum ? I know historically people have been paroled into the U.S. but I really wouldn’t count on that
“Asylum”, you need to ask yourself if you are making sense. I know you think that you are making complete sense right now.
@Asylum Seeker
You know that there are psychiatrists available to help you with your mental condition right, I mean insurance would probably cover your mental condition, you may just have to pay a little amount out of pocket.
In most states with good health insurance a therapist visit only costs you 20$ to 30$ per session. There is also a therapy called EMDR (Eye Movement Desensitization and Reprocessing) for people suffering from mental trauma and distress.
Instead of ad hominem, you can try to address the substance of my comments…
Seriously Man, Is there somebody in your family who can put you in a mental asylum somewhere since you are clearly mentally handicapped. I am really worried about your sad mental state.
Have we not told you a 1000 times before that we don’t give a crap about your stupid questions / comments / statistical research / calculations etc……….You need professional psychiatric help….
you do realize that people who participate in research studies deserve compensation correct???????
Even though in this particular case we are literally being forced involuntarily to answer your dumb questions everyday since you wont leave us alone. Still we deserve compensation from either you or the scientific journal that you are working for, Also send us a link to read your research study when it is finally published.
For Example I alone have answered close to hundreds of your questions so I alone at-least deserve a 1000$ at-least.
Most asylum seekers I meet are not wealthy at all. They work under the table or deplete their life savings because they have no choice in the matter. Take care, Jason
Hmmm…That’s kind of saddening 😥…
@Asylum
A week ago on previous post you were doing some research after my query to Jason, on this post you promoted yourself on “doing some calculation”. Do some research and make some medicines for you. Don’t think about people beyond your mental abilities. Too much sharp mind will pop out off skull.
I mean behind the statistics, there lies individual experience. I still want to applaud you tho. You are in removal proceedings, from your answer I know you will fight to the end, even if it seems that you are more likely than not to lose to DHS…I wish u could prevail in DOJ or federal court tho.
But you have mentioned that you run away from your country of origin to seek asylum and a better life. If you would like to rate your current situation, which one is better: Your current status of uncertainty and have to fight in immigration court; or in your country of origin, where you may purportedly face danger ? If you have known that today you r in such a situation. Would you stilled have filed that I-589 form years ago ?
@oscar
That’s not true bro.
Mist of the people in the court get deported go read the facts as good attorney ain’t enough if your case is not strong and have tons if evidence that can convince the judge and evidence has to be really strong not weak ones! Winning case in the court is never easy unless your case is really strong! Most of the people in the court have weak or fraudulent cases so they end up deported after few years again i said most of them not all of em cause there are people who have strong cases and they win it! But the asylum system in America is abused by too much fraud
While there is fraud in the asylum system, there is no data about how much. And so for anyone to reach a conclusion that the system is abused by too much fraud is pure speculation. Without data, such a statement is an unsupported opinion with really no meaning. From what I have observed, there is some fraud, but it is not rampant throughout the system. Take care, Jason
“Asylum”/”Asylum Approved” (same person), I think it’s safe to say your “opinions” (which you try to pass off as facts) are roundly rejected by almost everyone here. Personally, I think you are projecting your guilt on to other people. It’s OK, there is help for that too.
Oscar, I think you are oversimplifying the asylum process, requirements, and the various asylum cases. Your argument assumes- wrongly- that most asylum applicants have to go through some bureaucratic and difficult process in their COP to get evidence to corroborate their claims/stories. In majority of the asylum cases, the applicant really needs to prove three things (mainly): 1) that s/he is a member of the persecuted group; 2) his/her government is unwilling/unable to protect him/her; 3) s/he is unable to relocate internally because the government is the persecutor or is complicit, and the persecution/threat is widespread such that relocation is futile.
While you have to tell your story in a detailed fashion, and provide evidence to corroborate your story, the US government relies mostly on country condition reports, the media’s report about the country condition(s) in your COP, affidavits, and expert witnesses. More often than not- and I am aware that this is not always the case- the US government knows what’s going on in your country. They can be very adept, if they want to, at getting information about your country. They may also know that your government won’t issue documents or reports. As such, many asylum applicants need not go through any arduous and dangerous process to get country condition information.
Further, most asylum applicants don’t necessarily fear their government. Sometimes they may fear their government because of oppression, persecution and dictatorship, for example, but that same government may issue the asylum applicant a birth certificate or police report, for example. Asylum is more complicated, nuanced, and complex that you make it out to be. That is why it is important to allow the US government to adjudicate asylum cases on a case-by-case basis.
In addition, the US government also has the ability to gather information on asylum applicants- even information the applicant is unbale to get on his own. While many asylum applicants can fabricate and exaggerate their stories without consequence, it is actually very difficult to provide fraudulent information/document to the US government and get away with it. I agree that some asylum claims are fabricated and exaggerated; however, I don’t believe that this has anything to do with the current asylum process. I also don’t believe- at least there is no evidence to support this claim- that majority of the asylum cases are frivolous or fraudulent. Like most immigration categories- marriage, F1, EB visas, etc.- the asylum system is not insulated from fraud and other issues.
@Jamie,
I agree with you, you are 100% on spot…..All your points are well taken…Thanks for sharing
@Jamie,
Your arguments make good general sense and are true to greater extent……There may always be a few odd cases that your arguments don’t apply to but on majority of cases what you say holds completely true…..
Each asylum case is different and could be adjudicated/approved based on different factors…..evidence from home country is not the only factor……I agree There are a lots of other factors that you mentioned that contribute to asylum case adjudication…..
Hi Jason,
I have applied for an Asylum-based I-485 in July 2021. Last month the case status updated to case is ready to be scheduled for an interview (which was much quicker than what I expected). I’m seeing almost all getting their GC directly and wondering why would my case be interviewed. My case was straight forward and got approved by the asylum office. Any insight on why cases get scheduled for an interview?
Thanks!
Hi Asylumist,
Congratulations on your I-485 case moving forward ! Would you mind sharing with us which service center your application was sent to ? Does your receipt start with MSC ?
Thanks and good luck for the remaining steps,
Bob
USCIS had decided that all asylees would be interviewed for a GC (this was part of their anti-fraud nonsense). However, they never fully implemented that, and so some principal asylees are interviewed and some are not. Most dependents are interviewed. I expect that it is normal, but you should review your asylum case and I-485 application before the interview. Take care, Jason
Hi Jason,
My asylum was approved in August 2017 and I received permanent resident card with ‘resident since’ date of June 2018. When Filing for citizenship should I count 5 years from 2017 or 2018 date. The reason I asked is because I stumbled upon the following info on USCIS website.
“ Asylees are admitted to lawful permanent resident status as of the date 1 year before the approval of their Form I-485.”
Check the date on your green card. It should have the right date you start counting. Normally it should be one year backdated means if you received your GC in June 2018, the date on the card should be been June 2017. Add 4 years 9 months on that date and fill out your application. (you can fill 90 earlier)
Jello jason. I recently submitted an RFE for a request from USCIS but they refuse to update my case to show that they have receive my RFE, my fear is that; the date that was given as the last date to submit the RFE will soon be over. I even chatted with a live agent on emma but i was told that there is no update that show that they have receive my RFE that i need to wait for 60days then i can contact them. i am worried and i don’t know what is the next line of action
Hi, they are not updating status online recently, I got my RFE week ago online status still same fingerprints taken 11/20. So don’t worry
Hi Jason,
My asylum was approved on August 2017. I received my Permanent Resident card with ‘Resident since’ date of June 2018. When applying for Citizenship do I wait 5 years from 2017 or 2018 date. The reason why I asked is because I stumbled upon the following instruction on USCIS website.
“ Asylees are admitted to lawful permanent resident status as of the date 1 year before the approval of their Form I-485”
If the card is dated June 2018, presumably you received it in June 2019 and it was back-dated by one year (USCIS does not always do this). Assuming you are otherwise eligible, you can file for citizenship 5 years after the date on the card. Also, you can mail the application up to 90 days before the 5-year anniversary, meaning you should be eligible to file by about March or April 2023. Take care, Jason
Maybe you can send it again, if you have a copy of it. Make sure to send it certified mail, so you can track whether it was delivered. If you do that, make sure to include a cover letter explaining that you are re-sending the response. Also, you can make an account with USCIS (https://myaccount.uscis.gov/users/sign_up) and in some cases, you can upload documents that way. Otherwise, if you sent it, they probably have it, but have not yet acted on it. Anyway, I think since you are not sure, it does not hurt to try to submit it again. Take care, Jason
Hi Jason,
I have question , I moved from Maryland to Connecticut and I am doing out of state drivers license transfer.
Surprisingly here in Connecticut they need a valid passport of your country with C08 EAD.
I have not see. This kind of requirement.
I need your advise if it’s ok to renew my passport for this purpose or is there is something else I can do.
Thanks
Arif
You should not renew your passport. That would be an issue. Assuming you are from Pakistan. I have also not renewed my passport since last 6 years. It will expire at the end of this year.
Your EAD + Social Security should be enough to get a driver’s license. Why are they asking for your passport if you are an asylum applicant. That does not seem legal, Talk to a supervisor or go to different dmv branch.
Thanks Farhan,
I will speak to them again , I suspect the same thing the official at that time may be lacking complete knowledge.
Thanks
Stuff
If you renew the passport, you might need to explain to the asylum office (or judge) why you did that and why your country was willing to give you a passport (if you fear non-state actors, like terrorists, this is easier to explain than if you fear the government). If you think renewing the passport might raise issues in the asylum case, try talking again to the DMV and asking for a supervisor. There are many non-citizens in the US and some do not have passports (and cannot get passports). I suspect that there is a way to get a license even without a passport, and it might be worth trying again. Take care, Jason
Thanks Jason,
I will speak to them again and tell them about the situation maybe they misunderstood.
Thanks
Atif
If you are experiencing continuous challenges,just become a member of Triple AAA road side assistance.The will help you get you drivers license in no time.That’s what I did when DMV was giving me issues.
Atif Bhai, I have seen this type of problem in Maryland too, you should go again, (to a different office) not the same, and it will be fine. I always had problems with one of the MVA offices, and now I am going to another one, and they are so nice and supportive. This must be because of a lack of knowledge of that officer who asked you for a valid passport even you have a valid EAD.
Yes exactly SEEKER Bhai. I live in California and I am waiting for my new EAD while my old EAD is expired but I still got Driver’s license. California is the best i this regard.
Exactly Farhan Bhai. The system is very good in the DMV area (DC, VA, MD) but not as good as CA/WA for the immigrants like us. I hope you get the successful results of your case soon. Be safe.
Thanks Seeker,
You are probably right I am taking an Appoinment in different office of DMV.
Thanks
Atif
I faced a similar issue a few years ago in GA. You can try giving an expired passport, they sometimes just want a passport, or you can speak to a supervisor. If you don’t have a passport they need a supervisor approval in their system.
Does anyone know how long it takes to receive RTD in mail after approval?
Applied May 2021 approved March 2022.
Thank you
Normally, it only takes maybe 2 or 3 weeks. Take care, Jason
Hi Jason, do you plan to create a Frequently Ask Questions (FAQ) in your blog? Majority of comments are repeated questions.
Asylum, trust me, people will still ask questions even when there is a FAQ section that answers their questions.
@Jamie
Haha You are absolutely right. People keep asking the same questions over and over again and Jason is kind enough to answer every body over and over again.
Even if you have FAQs section here people are still going to ask Jason. It is more of a mental problem for many asylum seekers to seek reassurance from Jason.
@Jamie, I completely agree with you that even if there is a a FAQ section some will post questions. I believe it might reduce the repeated questions proportionally. Again, Jason can simply answer refer to FAQ, it will save his time typing same answers over and over again.
Also, this.
I don’t. I think it is better to just answer people’s questions. Take care, Jason
Hello jason,
Does investment and trading in cryptocurrency need valid EAD or it will consider as a work without authorization? I read somewhere that since it is investment likes stock market you just need to pay capital gain in your profit when you file tax.
Thanks
I do not see how that would be considered employment (unless you are doing it for someone else or for a company). So as far as I know, it would not require an EAD. I have never looked into it though, and if you are concerned, you might talk to a lawyer to research the question. Take care, Jason
Hi Jason, I own a small business (I’m the manager and the owner, also has 4 permanent employees).In addition, I’m a stock daytrader (sell and buy stock daily to get profit); If my EAD (C08)is expired, can I still run the business and can file the tax.
I am not certain about this and you might talk to a lawyer who knows more about employment rules, but I would expect that you can still operate the business as long as you are not taking any income. I also do not think that selling stocks is “employment” or requires an EAD. Again, I am not sure about running the business, so maybe double check with a lawyer, but I do not see how it would be a problem as long as you are not earning income during the period when you have no valid EAD. Take care, Jason
I invest in crypto and NFT and trade only in crypto but they never ask me about EAD.Valid pic ID for crypto exchange(coinbase)is the only thing they ask me for more security every 2-3 months.I haven’t filed the tax yet but I think there is no tax if I don’t transfer money from the crypto exchange to my bank account.
Hi Jason – what do you think of travel with a national passport instead of RTD? The wait is crazy at the moment and I’m thinking of just traveling with my national passport as it’s valid. Is it risky? I’m not a political asylee – if that makes things different.
Forgot to mention, I’m a green card holder.
I don’t love it, but many of my clients do it. You should be prepared to explain why you used the passport. Also, if your government gives you a new passport, you need to be able to explain why they were willing to do that. In a case where you do not fear the government (for example, you face harm from terrorists or non-state actors), this should not be an issue. Nevertheless, you might need to explain it at some point. I do not think there is much risk from using the passport, but if you can get the RTD, that is better (though these days, getting the RTD ain’t easy). Take care, Jason
Hello Jason and other
I fall in love with us citizen lady who is older than me. (Great!!). she was not employed before and never asked government financial help.
Age gap is not a problem.
will we have income issues because she was not working?
I am employed and will not depend on government financial help
Will I be to adjust based on Marriage?
Thanks
I wrote about getting a GC through marriage on August 6, 2018 – maybe that would help. If the US citizen does not have enough income for the affidavit of support, form I-864, there are different options, including using assets or using your income (the noncitizen spouse). I prefer to include a second I-864 from a joint sponsor, as that is usually easiest. Talk to a lawyer if you are not sure. In terms of the age gap, I suppose it depends on how many years it is or if there are other factors, but in general, this is not an issue. Take care, Jason
Hi Jason! Thanks for your advise and kindness to everyone here on your blog.I have a question regarding my son. I am on my pending asylum application with IJ. Recently the store where my son used to work get robbed and he has been hit & punched by the robber closed to his eye. Robber also stole my sons personal belongings. After that there is huge change in my sons life. He used to drive a lot but now he is scared of driving even a mile. Initially we have ignored his this behavior but over a course of time his issues are becoming worst. He developed floters in his eye. He is very much of scared working now and doesn’t want to leave a house even for few minutes. Since he is already dependent on my application of asylum, does he is eligible for any other sorts of benefits.
Hi! Forget to mention that police has registered the case at store where robbery took place and issued a card to my son stating the victim at crime. Since his watch stolen he tried to give the location of his watch but unfortunately the robber could not have been booked.
I am very sorry for this news. He may be eligible for a U visa, which is for victims of crimes. You can talk to a lawyer about this, but many non-profits do U visa cases, and so you might talk to one of those. I did a post on September 22, 2016 with links to a list of non-profit organizations by state. That might be a good place to start. Take care, Jason
Hello Mr Jason I have got the approval form I-730 from uscis for my wife and kids , did uscis send to NVC for visa processing or directly they send it to US embassy and please let me know how long will take after uscis approve the I 730 refuge asylee relative petition ? I’m from Afghanistan
Thanks
Majid
They should send it to the NVC and then to the embassy. However, there is no embassy in Afghanistan, and so the case has to be moved to another country. You can contact NVC and make an inquiry here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html. Hopefully, that will allow you to move the case to an embassy where your family can go (we recently moved a case to Pakistan, but this whole process is a mess and it is still unclear how things are proceeding). If you need more info, talk to a lawyer or check the link under Resources called I-730 Family Reunification Manuel. Take care, Jason
Dear Jason , my family is already in Pakistani when I filled up the I 730 I have put Pakistan address and US embassy at Islam Abad , I think everything should be fine , right ?
Thanks
Presumably – you will have to see once they contact you for further processing, but I expect that this should work. Take care, Jason
Ok thanks Mr. Jason
Another quick question so NVC will send the case to US embassy at Pakistan or before the sending the NVC will send me a welcome letter or inform me that NVC sent my case to embassy or how do I know my case send to embassy ?
Thanks
You should get an email once the case is forwarded to the embassy, and then the embassy should contact you and your family about next steps. Take care, Jason
Hello Jason
Do the immigration judges tend to accept joint motion of termination if the DHS agrees? Or do they usually keep jurisdiction within the immigration court?
Thank you
In the large majority of cases, if DHS does not oppose the motion, the judge will agree to it. If it is a joint motion, the judge might have no choice but to terminate, since there is no case if DHS is not trying to deport you anymore. I am not certain about this, but I think so, and I have never seen a case involving a joint motion that was not granted. Take care, Jason
Thank you Jason
I’m wondering because a joint motion was submitted but we haven’t received a response yet.
Do you think the the judge would like to decide on the motion during the next hearing?
Or the motion from documents maybe missing something and that delays or prevents the grant of the motion?
Thank you
Every judge is different – some are faster and some are slow. The only option is to call the clerk and inquire. If nothing works, I suppose you can file another motion, but usually judges get to these things eventually. Take care, Jason
Finally received renewal for my EAD C08 Potomac
RD 02/10/21
Card produced – Feb 28 2022
Partners card produced – March 1 2022
Delivered – March 5 2022
In total I submitted 6 expedite requests (2 healthcare, 4 financial loss/outside processing time).
Reached out to USCIS Umbudsman, wrote to US Senators, Congressman, Tier 2 (still no call)
I think all of the above was a waste of time. I don’t believe any of the expedite requests or reaching out to Umbudsman office did anything.
Feels just like USCIS finally got to Feb 2021 cases in Potomac. Good luck everyone!
Congrats !
Thanks for sharing. This makes me really peaceful at my end. Don’t know when is my “card produced date?” but we applied on 03/09/21. Also question to you? Can you share your validity? heard that they are giving one-year validity.
“Card produced” means it was printed, then it will be picked up by USPS and delivered to you. This will this status in your online account. 2 years
Once again, thanks for sharing all the info.. Did they return your biometric fee? or did you go for biometric?
It is such a disgrace. Hopefully, the recent court case and changes to the EAD rules will help. And hopefully USCIS will get its act together one of these days. Take care, Jason
Hi Jason,
I have pending asylum since 2107 and have not been interviewed. My EB was approved and waiting for adjustment status. I entered the US on B2 visa and before it expired i applied for asylum which is pending in asylum office. I got confused regarding the adjustment of status some lawyers believe I have to leave the US and go for consular processing which is risky in my situation others told me you can adjust your status without leaving and they told me about a technical reason or something like that. What is your opinion about cases like this? Did you or your colleague take such a cases or had clients who could successfully adjust their status?
Thanks
I have never done such a case, but there is a law called INA 245(k) that sets forth the criteria to adjust status (get a GC without leaving the US) in a situation like yours. I wrote more about this on August 28, 2018. It may not be easy to find a lawyer who has done this before, but that would be better – at least you need to find a lawyer who can review your case and determine whether you are eligible to adjust status. I would have the lawyer do a legal analysis first, and once you have that (in writing), you can determine whether it is worthwhile to go forward. Take care, Jason
Hi EB, I have a similar case open. My employer is applying for my GC but as you said some lawyers saying i need to leave the country and get the visa from consular. One lawyer has said that they can negotiate with USCIS since i kept my legal status since i am in the US. Could you please let me know when you get the result and the way you adjust your status? Thank you. JB
I also did a post about this issue on August 28, 2018 where I reference a section of the law called INA 245(k). Maybe that is what your lawyer is referring to. You can look up the law to get more of an idea, though this section is confusing and I am not sure how consistently USCIS implements it. Take care, Jason
Hello , I applied GC on Oct,2020 today I received RFE regarding Medical Exam. My service center is (MSC)
Hi Alam, if you don’t mind me asking, do you live in Southern California? I also submitted my i-485 oct 2020 MScC santa ana, Ca field office, i have been waiting since fingers print will be reused message
What next after the uscis approves your family petition through Asylum and they send it to National Visa Center. Do you have to contact the National Visa Centre for the next step? Or you wait for them to contact you.
NVC should forward the case to the local embassy, and you should get an email about next steps. There is a link under Resources called I-730 Family Reunification Manual, which may be worth a look, as they have a lot of information about the process (though it may be a bit technical for non-lawyers). Take care, Jason
Thank you, Jason. You a God sent
Hello everyone
do you pay $410 plus $85 for biometric service when you renew the work permit? if yes do you pus on a same check? ( urgent please my work permit will expire the 15th this month)
Thank you
Since I court case changed the rules last month, the fee to renew is now $410. Take care, Jason
when you apply to renew your EAD Card, how do they know you work in healthcare services to produce your card in a month.
Thank you
Jason,
Can the ombudsman assist on cases pending at immigration board of appeal? One of my friend’s case is pending at the appeal board after his case was denied by the court.
Thanks !
That is a different agency and they cannot assist with a BIA case. Typically, if you want something from the BIA, you have to file a motion, but it depends what kind of help is needed. Take care, Jason
Thanks Jason, how about the district senators and congress persons, can they give help on the matter?
Thanks!
I doubt it, but you can ask. My guess is that the only options are to file a motion to expedite with the BIA and if that does not work, you can file a mandamus lawsuit. Take care, Jason
Hi Jason,
I had a surgery a few months ago and also got pre-diabetes.
Is it a solid reason to request expedition of my asylum case interview which is pending for the last 6 years.
Thanks!
Sameer
Reading your message reminded me of my past depression and anxiety….I also suffered from pre-diabetes and other health problems due to mental depression and anxiety in last 6 years….I am much better now but it kind of reminds me how my physical health deteriorated in last 6 years.
I am doing much better now as I exercise regularly and I also go for a lot of hiking and I am much less anxious and depressed as in the last 6 years.
My interview is also pending for last 6 years but I am not as worried or anxious or depressed as before…
Since when pre diabetes is considered something serious? 80% of american have pre diabetes whey you guys exaggerate things? Everyone i know here literally have pre diabetes so why too much drama?
Pre-diabetes is a serious issue. Even if you get a small cut or wound on skin like abrasion it does not heal quickly. Pre-diabetes leading to Diabetes is a very dangerous thing. Also you don’t realize this but with a high blood sugar value, the chance of getting a bacterial infection increases several times.
I wont mention here what kind of bacterial infection but I suffered a bacterial infection 3/4 times due to compromised immune system and pre-diabetes due to anxiety, depression and stress…..I have medical reports and lab reports to prove it……
I am much better since last 2 years but be very careful, stress and anxiety has some very damaging affects on your physical health including prediabetes and infections…
Even I was surprised that mental depression could affect physical health. It sounds unbelievable until it happens to you…….
In my case and this was from 2016 to 2018, I was so mentally depressed and traumatized that I had lost all will to do anything. I would eat a lot of food and just sleep and keep laying in bed for most of the weekends and most of the weekdays as well to avoid stress of being awake and dealing with reality.
This seriously compromised my immune system and a high sugar value caused some serious bacterial infections. I had to take high doses of ciprofloxacin 800 mg 2/3 times a day to get better.
I started seeing a therapist and she helped me a lot in my mental recovery. Anyways this is all a thing of the past now. I am not the same person anymore.
May be not everybody goes through similar mental situation. Every body is different. Some people may be more resilient than me.
@Nick
Not to mention that I suffer from fucking diabetic Retinopathy now, my vision is blurred now and I have to wear corrective glasses while driving and working. I was also told by the doctor that the infection could have affected my kidneys as well. I also realized that any wounds or cuts on my skin would not clot and keep bleeding for several days.
So don’t tell me about drama since you have never experienced this yourself.
I do not think it is surprising that mental depression affects physical health. I see it in my clients (and other people I know) frequently and it makes perfect sense to me. Take care, Jason
https://apic.org/monthly_alerts/diabetes-infections-and-you/
This page has some details on what infections can occur due to diabetes/prediabetes. 1 thing that no body talks about on this forum but many people suffer from are the physical and medical consequences of long term stress, anxiety and depression.
I don’t know about other people on this forum but I seriously regret that my mental depression and anxiety affected physical health so much. Both my vision and my kidneys have long term damage now/.
I don’t give a crap anymore…..USCIS is more than welcome to take 6 years or 1000 years to conduct my interview, The only thing important in a person’s life is his health. If health is lost then everything is lost……
@ken
U need to educate yourself about the difference between pre diabetes and the actual diabetes! Pre diabetes is a joke i have pre diabetes and my DR never said it’s dangerous or anything and 80% of Americans pre diabetes so stop with your drama! Diabetes is a different whole story but pre diabetes means you can get diabetes in the future if u don’t adjust ur food and lost weight and tons of people turn the pre diabetes to just nothing and back healthy by doing diet and in most of countries worldwide they don’t even care about pre diabetes so it’s not even a medical condition! You need to educate yourself
@Nick
List you moron.. Stop preaching to other people just because you were successful in defrauding uscis…….blood glucose levels vary during different times and can cause different health conditions. A person may have a very high blood glucose level and he may suffer from different health conditions without even knowing……
So you shut your dirty mouth when you dont know what you are talking about…you are fucking fraud…….
And even during prediabetic stage people suffer from several health conditions but a dumb moron like you wont understand……so shut your drama mouth…
@Nick,
A fraudster like you probably never suffered any of the above mental and physical symptoms and yet was successful in defrauding the system and now you think you can come on this forum and try to attack other people who suffered or are suffering. Shame on you.
@ken
Who is the fraud here? Me or the one says pre diabetes is serious condition hahahahahah what a joke lol if we have doctor with us now they will make fun of you to the end of the day ! You dumb pre diabetes is nothing and if you follow good diet for 1 month you can turn it around and it’s nothing serious at all as i said 80% of americans are pre diabetes! You talking with someone with medical condition and my doctor gave all the documents to uscis and btw I’m asylee and waiting for my GC. So what about you? You have fraud case and waiting for uscis interview? Remember my words you will be deported in the court cause people like u who love to exaggerate things are the main source of fraud and the uscis will catch you i swear to god! Enjoy your few years here before you be deported to your country and go there tel them i have. Pre diabetes hahahaha
Yeah congratulations on defrauding USCIS…….Enjoy your prediabetes…You are a looser asshole, I have seen you attack many other people in the past. I bet you are teaching your children to be fraudsters like you. Don’t worry the system is rigged beacuse of people like you.
And now just because your asylum is approved you think you can come on this forum and belittle other people’s suffering. You are not the first fraudster to get asylum approved so don’t be too happy about it. A huge majority of cases are not completely genuine.
Keep your lectures to yourself and make your kids thieves and fraudsters like yourself.
And don’t worry about me. Even if closed my eyes and slept during my asylum interview/court hearing, my case would still be approved based on the evidence I have lolz…
@Nick,
BTW I remember your comments to other people in the past….All you say to other people is deported, deported , deported………hahahahaha….lolz ….If a fraudster like you is successful, I bet other people with more genuine cases have better chances…..
What a joke you are…..hahahaha….
@ken
You bet with me here you will be deported? I bet on $1000 and mark this post! Hahaha what evidence do you have ? Fraud evidence? Or evidence saying your have pre diabetes hahahahahash pre diabetes is a medical condition looool what a funny concept! 90% of the people like you gets in removal proceedings while good and realistic folks like me are drinking juice now and relaxing with approval asylum as from day one when u says i have fraud aslyum that means cause u have one like that u think everyone like u? That’s medical condition and i think you’re abnormal! Anyway try to save some money before they send you to your country and i will try to get your IP address from this post and report you to USCIS so they deport you faster! Hahahahah they will put handcuffs in your hand while they put you on the plane back to your country! If you are a man write your number here and i will call you and see if you have the guts to speak like that in real or just full of bs man hiding behind the laptop or your cellphone!! Again enjoy your last 1-2 years before they deport your ass with claiming bs fake pre diabetes is a medical condition hahahahah
@Nick,
Yes go get my IP address and send to USCIS and DHS…hahahaha…and tell them to conduct my interview quickly while you are at it…hahahahaha……It will be a great favor for me……….share your number here if you are a man yourself and let me talk to you in person…or even just share your email here….let me see if you are are really a fraudster asshole that you claim to be…
Don’t worry I am reporting you to USCIS/DHS first for the fraud that you are
Let me see you enjoy drinking your juice in a federal prison when uscis finds out you are a fraud and attacking other people on this forum…..you wont be enjoying juice then……
@Nick,
You are a tough guy right…………..You feel good in attacking other people when they share their trauma and suffering here right…..Go ahead and share your email and phone number here tough guy……..Let me see you drinking juice for the rest of your life while you are getting ASS fucked in a federal prison…
You think that USCIS/DHS will leave you alone just because you are waiting for your greencard now…..USCIS will come after you even after you become a U.S citizen…They have all your record….
You want to pretend to be a tough guy….Ok tough guy share your details here so I can alert DHS/USCIS about your fraud case………
@ken
Calm down asylum applicant! Calm down I’m the one asked for your phone number first so if you have balls write it here and we will talk dude! I can help you in your case by making your bleed from somewhere in your body and u know what i mean hhha i swear you’re bla bla but if i see you in person you will hide like a rat ! Bro bro i have an asylum approval while you’re waiting for interview and pretty much you will be disapproved and they will transfer you to the deportation process! How did you know i have fraud while i have physical and all evidence been examined by US immigration officer? That means nothing but you’re having a fraud documents that makes u think all people like you ? Right! I never seen anyone normal accuse anyone of fraud ? Have u seen it ? It means u scared the UsCIs will find out about you
For your known don’t ever think your medical condition will help you get asylum approval!hahaha you would be dreaming if you ever thought about that! Asylum was never granted for any medical condition! I saw you wrote you have blurry vision and i wish your eyes gets better soon but hopefully you will get a physician therapist soon as you’re abnormal
Yeah people who pretend to be tough guys on internet and bullying other people are usually cowards in real life…I have never seen a single person who is tough or strong and confident in himself attacking or belittling other people.
you are probably a small little pathetic looser guy pretending to be some hotshot.
I have never belittled or derided other people’s suffering on this forum, Every body has a different background and story and different people suffer from different symptoms and conditions.
You think I give a crap or I am scared from USCIS/DHS….I call them and talk to them once every month to try to expedite my case. You keep saying deported, deported, deported as if it actually means anything…….People who have already seen hell don’t give a crap about handcuffs or deportation……
And btw I already have strong evidence, I did not even include any of the lab reports or doctor’s reports from doctor’s in the U.S……May be I should include them but with all other evidence I don’t even need to add it….
If you are waiting for your green card then you have no business here go fuck off somwhere…..People here are looking for support and help, We dont need bullies like you here who think they can be assholes now just because they are a little further in the asylum process….
You are talking to the wrong person here, I already told you I have been through the worst things in my life…..You keep threatening me handcuffs and deportation doesn’t even make me flinch an eye…Infact I am laughing my ass off here…..
Yeah yeah we know you have already mentioned 50 fucking times you have asylum approval, big fucking deal…….I remember all your past comments…Many times when you are belittling other people you keep saying the same thing over and over again, I have asylum approval, I have asylum approval…
Yeah we get it you have asylum approval but that does not mean it is ok for you to start being an asshole to every other person who is still waiting here.
The words from your mouth are always the same……deportation, deportation, deportation and I have asylum approval……..
I remember you from August 2020 when you got into argument with several people here and said something to Jason as well………
Yeah we get it dumbass that you have asylum approval but even after asylum approval you are still a dumb asshole…
@KEN
I didn’t mean to hurt you at all ! You attacked me first i just said pre diabetes ain’t a serious condition which i still believe cause 80% of americans have it and any Doctor here will say the same but anyway good luck in your asylum interview man i feel like you could be a bit hurt from my words so I apologize and good luck yo
You and all the other applicants and btw it wasn’t me who attacked people in 2018 it was an american nick i guess and I’m not American so u got wrong idea! Btw your medical conditions have nothing to do with your asylum case it can’t help you but i hope you get well soon as i can imagine how people like you are stressed! Last advice from me is that never think you will win asylum case or lose it! Evidence alone ain’t enough and many people been deported tho they have good cases it’s all about the officer and enough evidence that can be seen not documents as many officers don’t even believe in documents just leave it 50%_50% chance cause that’s the reality! But again sorry if i hurt you and good luck for everyone
I would get a letter from the doctor about this and explain how the stress of the asylum case is making your condition worse. The doctor can state that if the case is resolved, it will help improve your health. I wrote more about expediting on March 30, 2017. Take care, Jason
Hi Jason,
I my EAD extension expires in 2 weeks and my application is still not moving forward. I applied since July 6th 2021 and still no response. Will I need to stop working since the 180 days extension ends? What else would you advice doing? I’ve been trying to submit another inquiry but the USCIS website is having errors all the time for the last few days.
They are a complete disaster. I have no idea why it takes over a year to process a renewal, which should take 10 minutes. Disgraceful. In terms of what you can do, if you are a healthcare worker, you can try to expedite based on that. I wrote about expediting EADs for healthcare workers in January 2022. If you are not a healthcare worker, I did a post about expediting in general with USCIS on January 29, 2020. Maybe try some of those ideas. If the 180-day extension expires, you are no longer eligible to legally work. You should know that if you continue to work, it would generally have no effect on your asylum application. But if you try some other type of immigration application, unlawful employment could have some effect. Talk to a lawyer about the specifics if this is a concern. Take care, Jason
Hi Sameer, Jason will respond to your question. In the meantime, ask yourself the question- is being pre-diabetic or having a surgery related to my asylum case? If yes, you can request to expedite.
Hello Jason,
Just wanted to thank you for the advice you wrote here on the expedited renewal of EAD for healthcare workers. My card is now being produced, and it took only 3 days after a call to USCIS. My card expired in Dec last year.
Thank you very much!
I am glad to hear that, as it seems to be hit-or-miss even for healthcare workers. Hopefully, USCIS will get its act together soon. Take care, Jason
Dear Jason, I found that quote “Donors of blood, bone marrow, blood stem cell, or plasma” are considered as HEALTHCARE / PUBLIC HEALTH according the information here https://www.cisa.gov/sites/default/files/publications/essential_critical_infrastructure_workforce-guidance_v4.1_508.pdf#page=7
So it implies that I can donate blood a few times and become eligible to request to expedite EAD renewal? Thank you for the reply!
Haa haa haa. Read it properly.
Donors of blood, bone marrow, blood stem cell, or plasma, and the workers of the organizations that operate and manage related activities.
Not a blood donation, you should work blood bank or bone marrow manages organization you have to be the employee of those organization.
“Donors of ……….. and workers of the organizations that operate and manage related activities.” Two groups of individuals. I read like Mago… Can a native American help us to understand the sentence here please?
I think if it is unclear and if you are a blood donor, you can try to expedite on that basis. You can tell USCIS that you are a blood donor, provide evidence, and provide the relevant language from the expedite list. Hopefully, it will work, but if not, it seems to me that there is no real downside. Take care, Jason
I have no idea about that, but I think there is a list of people considered healthcare workers – you can find a link to that in the article I wrote in January 2022 about expedited EADs for healthcare workers. Maybe check that list. Or just call USCIS and try to expedite on the basis of being a blood donor and see what happens. I am all in favor of donating blood, but it seems pretty strange that asylum seekers are now literally giving their own blood to get an EAD. Take care, Jason
Hey Janie! Congrats on the getting your EAD fast! May I ask you why did you need to call? Or it’s possible to get expedited by talking on phone only?
I got the answer. So, no worries.
Hi Janie,
I have just expedite my EAD renewal and got confirmation number. As Jason wrote here they will send an email. Could you please provide details? What type of evidence do they require in the email? I am just thinking to ask my manager to write a short letter to support my request and give them his phone number. Will it be enough?
Sometimes, they do not send an email, but they just expedite. If they do email, you need proof of your job. This could be a letter from the manager on letterhead explaining the job. It could also be an employment contract or other proof of job and a job description. It could maybe be an employee ID card. I would say, gather as much of these as possible and if they ask, send them everything. Take care, Jason
Thank you Jason. I would like to share with you and other people this video. Please take time and watch it:
https://www.youtube.com/watch?v=MXg04lqm3z8
It’s Official video from DHS
I just received a phone call from my employer about my expiring EAD. After watching this video I got a plan to ask my employer to check my eligibility in E-Verify system after my expiration date. I hope that system will show Employment Authorized, or in worst scenario TNC.
Here is possible statuses the system returns:
Employment Authorized – The employee’s information matched records available to SSA and/or DHS.
Verification In Process – This case was referred to DHS for further verification.
Tentative Nonconfirmation (TNC) – Information did not match records available to SSA and/or DHS. Additional action is required.
Case in Continuance – The employee has visited an SSA field office or contacted DHS, but more time is needed to determine a final case result.
Close Case and Resubmit – SSA or DHS requires that you close the case and create a new case for this employee. This result may be issued when the employee’s U.S. passport, passport card, or driver’s license information is incorrect.
Final Nonconfirmation – E-Verify cannot confirm the employee’s employment eligibility after the employee visited SSA or contacted DHS.
If system shows TNC I can reach out to DHS to expedite renewal. Even if expedite would take 10 years I will be still eligible to work.
That’s my understanding from this video.
What do you think about it. Do you know what system returns when EAD expires. I don’t believe that it returns Final NonConfirmation if EAD expires.
Thank you
Sorry, I would not have time to watch the video. I do not have a lot of familiarity with e-verify or what the system says when an EAD expires, so I do not know about this Take care, Jason
Hi Janie,
I have just expedite my EAD renewal and got confirmation number. As Jason wrote here they will send an email. Could you please provide details? What type of evidence do they require in the email? I am just thinking to ask my manager to write a short letter to support my request and give them his phone number. Will it be enough?
Hi Jason! I’m about to send i765 to renew EAD. I just found that a typo in my name on my personal checks. The bank messed added additional letter to my first name. Do you think I still can use those checks to pay the fee? If not can I use my company’s (the LLC, I’m the only owner of) checks? If not can I use money order? if not, can I use credit? If not, what about money order? If not… then I don’t know what ))) Thank you so much!
I think any of those options is fine, as it does not affect the application. Remember that the fee is $410 (not $495). Take care, Jason
thank you for the reply! Just to clarify, you think I can use personal check even though it has a typo in my name right? Also it doesn’t have any address pre printed.
I think a check will be fine, as long as the check is good – it does not matter whose name is on it, or how the name is spelled. Take care, Jason
Thank you!
Jason, I’m trying to find info to help my Ukrainian friend and his family seek asylum in the US. They fled Kiev Ukraine and are currently in Bucharest, Romania trying to figure out how to do this. A brief meeting with the US Embassy Rep in Bucharest today was frankly no help at all.
I’ve been looking for info regarding US actions to open up this path (TPS?) to refugees as the EU countries are doing now but as of yet can’t find any info regarding who to contact, where to do it, and what procedures to follow.
Do they have to be in the US to file for asylum? If not, how can they file from Bucharest?
Thank you so much.
To file asylum in the US, a person must be physically present in the US. Also, for TPS, the person must have been in the US prior to March 1, 2022. The family can apply for visas, though I imagine that will not be easy. They can also apply for “humanitarian parole”, though there are tens of thousands of people who applied (mostly Afghan) and it seems unlikely that those cases will get processed in any reasonable time frame. They can also apply for refugee status and then resettlement to the US, but again, I expect that will be a long process. In sum, there is no easy option. I would start with looking into different types of visas (B, F-1 student, work visas), as that would be the fastest, if they can do it. If they have close family members (spouse, US citizen or LPR parent, US citizen child over 21 years old) in the US, that may be an option too. Take care, Jason
March 3: USCIS Stops Applying Certain EAD Provisions for Asylum Applicants and No Longer Requires Biometric Services Fee From Asylum-Based EAD Applicants
On Feb. 7, 2022, the U.S. District Court for the District of Columbia in the case, Asylumworks, et. al. v. Alejandro N. Mayorkas, et. al., vacated the June 22, 2020, final rule, Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications Rule and the June 26, 2020, final rule, Asylum Application, Interview, and Employment Authorization for Applicants Rule. Effective immediately, USCIS has ceased applying these rules to asylum applicants. Instead, USCIS is applying the provisions of 8 C.F.R. §§ 208 and 274a that were in place before the rules listed above took effect in August 2020. This applies to the adjudication of Forms I-765 and I-589 that were pending with USCIS as of Feb. 8, 2022, as well as to Forms I-765 and I-589 received on or after that date.
Hello Jason, do you think this is good news? do they remove all the backlogs for EAD processing?
It is generally good news, but it has not been fully implemented. If they go back to the pre-August 2020 I-765 form, that would be good, as it would make the process less burdensome for applicants and hopefully improve processing times at USCIS. However, for those EAD applicants who sent the $495 fee, USCIS rejected and returned those applications, since the correct fee amount changed to $410 due to that decision. In other words, people who mailed in the correct fee before the court decision had their applications rejected after the court decision because the fee amount changed. Rather than process the case and issue refund checks, USICS simply rejected the applications, further harming that group of EAD applicants. Even when USCIS is forced to do something in a better way, they manage to find a way to harm people. In any event, once all this gets settled down, it will be an improvement for EAD applicants. Take care, Jason
Thank you , Jason for sharing important information and answering the questions!
I am a derivative pending asylum applicant and submitted my I-765 in July 2021 and my EAD expired in December 2021.
I enclosed the checks for $410 and $85 to my application and these amounts were charged from my bank account in July. The information on my uscis account shows that my case is pending, nothing about its rejection . Does uscis inform if the application was rejected due to $85 or it is by default ? What should be my actions on that?
Thanks in advance!
If you filed last July, USCIS should not reject your application for paying the $85 – that was required at that time. I think you are experiencing the same ridiculous delays that almost all EAD applicants are experiencing (wait times are about 10 or 11 months). If you are a healthcare worker, you can try to expedite on that basis – I wrote about that in January 2022. If not, you can still try to expedite – I wrote about that on January 29, 2020. Take care, Jason
Hello Jason,
I read through your EAD article you wrote on September 23, but it appears there some minor changes to EAD process:
1) On February 7, 2022, a judge ruled that the Trump administration’s old work permit rules are illegal for all asylum seekers.
Does it mean that $85 biometrics fees are not required anymore to renew EAD for c(8) category?
2) The other thing I wanted to ask, I see they added a new option to file I-765 online? Have you ever done that for the c(8) category or is it better to stick to the old one paper process?
Thanks and I appreciate your advice. Your website really helps me.
1 – There were changes and so you have to look at the I-765 page at http://www.uscis.gov for more info, but you should not have to pay the $85 fee, even if you are not a member of ASAP or Casa de Maryland (in other words, no one has to pay the $85 to renew the EAD). 2 – You cannot file online for an EAD case for category c-8. Only some categories can be filed online. Take care, Jason
Does anybody know where you could open up an account to buy/sell stocks? I tried Merrill Lynch, but they told me they wouldn’t open me an account with pending asylum and need GC/Granted asylum to open an investment account.
I am no expert in it. But if you have valid EAD and SSN you can buy and sell stocks, even I have registered my LLC. I do stocks and crypto both on Fidelity and Robinhood since 2016. I have Roth IRA and 401k plans all with pending asylum.
I will try Fidelity, Robinhood, and Betterment for Roth IRA. Hope it helps
I use Fidelty since my employer’s 401k is through fidelty.
I have used coinbase and other crypto exchanges in the past as well…..I have not used robinhood…….
I use Robinhood since 2018, if you have ssn and a bank account transfer money from you are good to go
Considering what has happened with Ukraine so far, do you think that could be a reason to expedite asylum interviews with USCIS to the people already in the US, similar to what they did with Afghans? I have been Ukrainian pending since 2016.
You can try to use that as a basis to expedite. Normally, you would need to relate that situation to the reason you need to expedite (for example, if you have a spouse or child in Ukraine who is now in danger and who would come to the US if your asylum was approved). I wrote about expediting on March 30, 2017 – maybe that would help. Take care, Jason
Jason –
I Ukrainian, I am derivative asylee (approved asylum from my husband’s country, not Ukraine). You think USCIS can expedite my RTD? Sadly, my home coming is not just to see my mother anymore – it is more of a humanitarian mission. Not to mention my Ukrainian passport will take much longer to be re-issued (it expired), as they print it in Kyiv… thank you!
You can certainly try based on this reason. I did a post about expediting on January 29, 2020 – maybe that would help. Take care, Jason
Jason,
Do you see any point for someone who is in F1 status and is stuck in after Asylum interview security background check for 3 years to apply for EB-based I-485 based on an approved I-140? It seems to me if USCIS is currently tackling with doing a background check for 3 years on the Asylum case, the I-485 application would also be doomed to the same fate and unless the Asylum background check is done, the I-485 application cannot be processed? Is that right?
Hello EFAGH,
I have a same situation, but i did not interview. I have F status and penning asylum case. I’m going married with a GC holder and after that apply for adjustment of status( i485). I could not find a clear answer wether I am eligible for GC or not. If you find an answer, please share your finding with us.
Thanks
If you are still in valid F-1 status, you should be eligible to get the GC based on marriage to a person with a GC. Maybe talk to a lawyer about the specifics of your situation, as these cases can sometimes be a bit tricky. Take care, Jason
You are trying to apply logic to an area (USCIS) where logic does not apply. I think the security background check is not the same for an I-485 and an asylum case. I am not certain about this, but I do think it is possible that you would not face the same delays for the I-485 as at the asylum office. Whether the I-485 case would be faster, I do not know, but even if you win asylum, you would have to apply for a GC later anyway, so maybe you want to try that now if you are eligible. Take care, Jason
Hi Jason,
You might have connections directly or indirectly with the USCIS policy decision makers. If so, please let them know that processing I-131 in more than a year and then it expires in a year is totally insane and irratonal. This sort of things are against American mentality and rationality. It is truly a joke to process it this long.
I have written about this before (most recently on August 11, 2021). I agree and I am hoping that we will see this change soon. Take care, Jason
Hi Jason, Thanks for the help you are doing for us .
Please is it possible to shift the individual hearing closer ?
Also do you have any good asylum lawyer you can recommend in Staten Island
Thanks
I wrote about moving the court case closer on April 20, 2017 – maybe that would help. It is not easy these days due to Covid (for example, in the last couple weeks, three of my individual hearings were cancelled at the last minute). As for lawyers, I cannot recommend lawyers here and I do not know anyone on Staten Island, sorry. You might start at http://www.aila.org, as the lawyers on that referral list should be more reliable than people not on the list. Take care, Jason