Let’s imagine a not-so-hypothetical scenario: You filed for asylum at the Asylum Office, and your case has been pending for years without an interview. Or here’s another one: You finally had an interview at the Asylum Office, but you have been waiting months or years without a decision. Today and in an up-coming post, we’ll talk about the most effective ways to make an inquiry in these situations.
First, you should know that a lot of people have cases pending before the Asylum Office. According to the most recent data, there are about 435,000 affirmative cases pending at the Asylum Offices nationwide. Some of these cases include more than one person, and so the total number of people waiting in the system is probably close to 800,000. Historically, about 6% of the total–approximately 26,000 cases–have been interviewed and are waiting for a decision.
If you filed for asylum and have not yet been interviewed, you can submit a request to expedite the interview. I’ve found that the most effective bases for expediting are health problems or family separation, especially where the family member back home is (1) in danger or has a health problem and (2) is eligible to come to the U.S. if the applicant is granted asylum (meaning that the family member is a spouse or minor, unmarried child of the principal applicant). Though these are probably the strongest reasons to expedite, you can use any reason, including financial hardship, career or school issues, etc.
For expedite requests based on health problems, we try to relate the problem to the stress caused by the asylum case–if the case were resolved, the person’s health would improve. A letter from the doctor or therapist is a useful piece of evidence in these requests and might state, “My patient is suffering from severe depression and anxiety [or some other health problem] as a result of her persecution back home. Her condition has been exacerbated by the ongoing stress of her asylum case. If that case could be resolved, her mental [or physical] health would improve.”
For expedite requests based on family separation, make sure to include evidence of the relationship (marriage and birth certificates). Also, if the family member is unsafe or has a health problem, include evidence about that as well.
In my experience, the best way to submit such a request is by email. Evidence should be scanned and attached to the request. You can find the email address for your local Asylum Office here. Note that some Asylum Offices have specific requirements for expedite requests or have forms they want you to submit. Also, some Asylum Offices have “short lists,” which I discuss here. Email the Asylum Office to ask about this. Below are a couple examples of email expedite requests, including the subject line. These are emails sent by me, so I indicated that I am the attorney of record and included form G-28, which lists me as the lawyer–
Example 1: Expedite for Health Reason
Subject: Expedite Request – Mary MCGOON, A 123-456-789, DOB: 03/26/1923, Iraq
Dear Asylum Office –
I am the attorney for the above-listed Applicant (see attached G-28). Applicant is suffering from coronary artery disease and chest pain (see attached Evidence). The stress and uncertainty of her pending asylum case is exacerbating her symptoms and she is concerned for her health. If the case could be resolved, it would improve her health. Accordingly, we respectfully request an expedited interview in this case. Please let me know if you have questions or need additional information.
Thank you, Jason
Example 2: Expedite Based on Family Separation
Subject: Expedite Request – Artie SCHERMERHORN, A 987-654-321, DOB: 03/20/1922, Honduras
Dear Asylum Office –
I am the attorney of record in the above-listed case (see attached G-28). Applicant’s case was filed in 2015. He was a labor leader in his country. His daughter is currently suffering from health problems that cannot be treated in Honduras (see attached evidence). For this reason, we respectfully request that this matter be expedited – if Applicant can resolve his case, he can either bring his daughter to the US for treatment or meet her in a third country to help her. Please let me know if you have questions or need additional information.
Thank you, Jason
I’ve written more about expediting a case at the Asylum Office here, including the types of evidence that are helpful and the various bases for requesting expedited processing.
Once you make the expedite request, either it will be denied, ignored or approved. If it is denied, you can try again (preferably with a different reason). We normally wait at least a few months before making a second expedite request. If it is ignored, you can follow up. Again, we normally give them 90 days before following up, but there are no rules about this, and you can email again whenever you feel it is best. If the request is approved, the Asylum Office sometimes schedules the interview quickly; other times, it takes months (and you may need to email them again to remind them).
Aside from making the expedite request yourself, you can ask for help from your Congress person or Senator. In addition, you can file a mandamus lawsuit to try to force the Asylum Office to give you an interview. Don’t forget that you should not try to expedite a case until the case is complete. If the case is expedited and you are not ready for the interview, your chances for success will be reduced.
In an upcoming post, we’ll discuss how to make an inquiry when you’ve already been interviewed and are waiting for the decision. Stay tuned…
[…] struggling with a backlog of more than 9.5 million benefit applications, and this includes about 435,000 affirmative asylum applications. Asylum applications are considered “affirmative” when they are […]
I have serious medical condition and i have question? If i apply for expedite interview and if it is approved. This condition can help for approval or not. I am suffering from renal failure and i am strict medicationss. I am going for dialysis thrice a week.
You could try to use that as a basis to expedite. Maybe you can get a letter from the doctor explaining that the stress and anxiety of your pending case is making your condition worse, and that if the case is expedited, it would improve your health. It could work, but most expedite requests are denied these days. You should try anyway, and if it does not work, consider a mandamus lawsuit, where you sue the government and try to force them to complete your case (you have to try to expedite in the “normal” way before you try the lawsuit). Some people are filing mandamus cases and it usually works. Make sure the case is complete and ready to go before you try to expedite. Take care, Jason
And how long would it takes for them to schedule my interview? I do not really want to do the interview at the Arlington office because of the low approval rate(compare to SF and Chicago).
It varies, but usually they schedule it within a couple months. My experience with the grant rate in VA is that they are generally pretty good, though if you look at the data, SF is the best office in the US. Take care, Jason
Hi Jason,
I just got approved for an expedited interview. I live in VA so the asylum office is the Arlington office. But I am gonna spend my summer in SF, CA whin in 3 weeks(about 90 days). After the summer, I am moving to IN for work. I am not sure what should I do. I really want to keep the expedited interview. But the Uscis requires everyone to update the address within 10 days. And I heard it’s gonna take a long time to transfer the case from one office to another. And I will lose my expedited approval. What should I do? Thank
Maybe email them and tell them that you plan to move for work, and ask whether they can give you an interview before you move. You can find their email if you follow the link under Resources called Asylum Office Locator. Otherwise, maybe you can keep a permanent address in VA, at least for a while. But once you move (assuming it is a permanent move), VA may refuse to interview you, since you are no longer in their jurisdiction. Take care, Jason
Hi, Jason Thankyou for your reply and thanks for helping us here. Last time we talked about asylum expedite approved in Jan 21 2022 but still not any interview so it. Is normal and do I need to do anything ( Houston asylum office) Thankyou
Sometimes, this happens. You can email the asylum office to remind them – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
[…] struggling with a backlog of more than 9.5 million benefit applications, and this includes about 435,000 affirmative asylum applications. Asylum applications are considered “affirmative” when they are […]
hi，dear Jason
I am an asylum from China，Thank you so much for your selfless sharing over the years, I am your loyal audience
I applied for religious asylum in Los Angeles 2016， I feel bad everyday， I used to go to the office to request for earlier interview in 2019. and when covid19 I write Email few times . I applied standby list in March 2021，its approved. I was happy at the time and thought I might have an interview soon.
But now a year has passed without any new progress. I try to keep writing emails, but unlike before last year, there aren’t any automated replies, and no replies from staff,
From your experience, do you think being on the standby list is a positive sign?
Before 2021, every email sent to the asylum office will have an automatic reply, and then a staff member will reply within 14 days. Now there is no reply. Do you think they are too busy or have changed the policy?
I do not know, but my best guess is that you are in a queue on the standby list. These lists tend to be pretty long, and of course, the asylum office does not give you any idea about the wait time. I have not emailed with LA lately, but usually if you send a few emails, they will eventually respond (though maybe not). If you have a health problem and can get a letter from the doctor (as discussed in the above article), maybe you can submit that and say that you have been on the standby list for one year, and ask them for a status update. If all else fails, you can try a mandamus lawsuit, but maybe a doctor’s letter would be enough to get a response. Good luck, Jason
I am young and healthy. The mandamus lawsuit sounds like my final choice. Will the mandamus lawsuit affect my status in the United States? After all, if I sue them, will they still hear my case fairly， And is the mandamus lawsuit expensive?
Thank you Jason, you are always so warm and patient, and answer everyone’s questions quickly, you will become billionaire .greatest man in this world
Even if you are young and healthy, the delay can cause depression, anxiety or other mental health issues. If so, a letter from a therapist might help to expedite. For the mandamus, the fee depends on the lawyer you find, and varies widely. It also depends whether the Asylum Office just gives you an interview or fights the mandamus. In other words, if the lawyer needs to fight the case, it will take more time and will be more expensive. You could try to file such a case yourself. Maybe you can find examples of mandamus cases online. My sense is that filing a mandamus will not affect the decision, but I am not completely certain about that. In any event, it may be better to try that than to keep waiting forever. Take care, Jason
Hi Jason, I filled i730 for my then husband in 2018, and a couple of months ago, I found out he is married to another woman back home. I wanted to cancel the petition and sent a letter to uscis a couple of months ago. I called and talked with 3 different officers, with all of them telling me my case is in 3 different offices. Now, I am now planning to resend the cancellation letter to all 3 offices. What are the chances of canceling i730 after approval? And here I’m thinking canceling a petition will be a breath of air, but it’s not.
One more thing Jason, If he filed for divorce(which I know nothing about by the way), do I have to file for a divorce here in the US? I don’t have anyone to get and send me the copy from my country. And as an LPR based on asylum, I can’t go to my country to get it myself.
Does USCIS cancel i730 after approval?
I think you need to talk to a divorce lawyer here. Maybe there is a way to get a divorce document from your country, or maybe you have to file something in the US to take care of this yourself. The I-730 is your petition, and you can cancel it at any time, whether you are divorced or not. Take care, Jason
Nothing is ever easy with USCIS. I think it is fine to send the letter to all three offices, but even if the I-730 is approved, you would still need to take action for him to come to the US, and so you could just do nothing and your I-730 will terminate on its own. In short, I would send the letters, but I would not worry that he might come to the US based on the already-filed form, as I do not think that will be possible. Take care, Jason
Hi Jason,
I have a question regarding the reentry permit. I’m an asylee and got my green card holder last year. I want to travel to Spain so I applied for a reentry permit instead of a refugee travel document because the validity of the former is 2 years. I got my reentry permit last month but now I’m confused if the reentry permit can be used as a passport and be accepted in Spain. I made some research but most of the info regarding the reentry permit is about using it as an “entry as for a green card holder after 1 year outside the US”.
I wanted to confirm if:
1) The reentry permit can be used as a travel document/passport.
2) If you’ve heard of people traveling to Spain with a reentry permit.
1 – That is not its purpose. The purpose is to re-enter the US. The Refugee Travel Document is meant to be used instead of a passport. 2 – I have not, but if they accept it, that is great. Unfortunately, it may be difficult to get an answer without actually flying to Spain. You can try their embassy website. You might also get a Spanish visa in your passport. Of course, using the passport could potentially create issues for your US immigration status (if it causes the US government to think your original asylum case was fake). This is not really an issue if you got asylum because you feared a non-state actor like a terrorist group, but if you feared persecution from the government, it may be an issue – maybe talk to a lawyer if this is a concern. Take care, Jason
I once contacted Spanish consulate in Boston to inquire about same thing you are asking. They told me that they will issue visa on my Re-entry Permit if I have a green card. I will suggest send email to consulate first with RP and GC in attachment, get confirmation and then apply the visa,
Hello Jason,
I sent another email in a format like it was posted here, and asylum office replied. They asked to resend attached text and if I already tried to expedited by mail. I replied that the circumstances had gotten much worse since I mailed my first request. Do you think there’s a chance to get interview soon?
Also I heard that if your case is stuck in backlog, you can submit a new case to be interviewed sooner, and then explain everything during the interview. Is it possible to do such thing ? Thank you
I do not know, but hopefully, they will look at any new evidence and maybe expedite. In terms of submitting a new case, I think that will not work. You have to submit it through the Atlanta Vetting Center, and they will match it with your old case or reject it. I guess you can try and see what happens, but my understanding is that it will not help (and might cause confusion, especially if the old case and the new case are not consistent). Take care, Jason
Dear Jason,
I’m writing an expedite request now. Our entire family has been suffering from the family separation since 2014.
You only mentioned the applicant’s suffering.Do you recommend to submit our two sons emotional letters that haven’t seen their dad for 8 years?or I write about their anxiety about dying their dad before reuniting our family?
Thanks for helping the asylum community during their tough season .
This is a good point and I should have mentioned it – I would include the letters from your children as well, as that is important. Good luck, Jason
[…] Last time, we talked about contacting the Asylum Office to expedite a case that had not yet been interviewed. Here, we’ll discuss what to do when your case has been interviewed, but the decision is delayed. […]
Dear Jason
A quick question on form i 589
Im able to edit and write the demographics parts of this forms but when it comes to narrative section where im planning to write it doesnt allow me!
Can anyone else also leave their experience and suggestions?
It may be a problem with your Adobe Acrobat (I am far from a technical expert), so maybe if you try another computer. You can also hand write “see attached statement” and type up a statement on a separate piece of paper. Take care, Jason
The new asylum processing system focuses about alleviating the border crisis (is it the right remedy? We will see the outcome). Those of us who applied for asylum 8 years ago (I applied in 2014) are still patiently waiting for interview! Unfortunately the DHS secretory is more concerned about people from his people🙃 it is very sad to see such descrimination with in the democratic party which had never walked the talk
I do think the new procedure will have winners and losers (and I plan to write about this in the near future), and affirmative asylum seekers will mostly be losers (as per usual), since more resources are going to the border. One positive development is that EAD automatic extensions will be for one year instead of 180 days. In some ways, this is cold comfort, but it is better than nothing. Also, maybe as Covid eases, we will see more affirmative interviews, but in general, the new rules do not look to be beneficial to affirmative applicants. Take care, Jason
Hi Jason,
Do you know where I can see the change from one year instead of 180 days ? And is it effective immediately ??? It will be a huge financial relief for a lot of people.
I think it is not officially announced yet, but there was a article about it that you can find if you Google “USCIS news”. The article is from March 29, 2022. Take care, Jason
Jason, I agree. As well, more financially stable immigrants will be winners.
Hi Jason,
I have a question regarding divorce while waiting on i485 approval on approved asylum basis.
We’ve married in 2015 and in 2019 got asylum approval. My wife is a main applicant. We filed i485 in the end of 2020 and now waiting. Unfortunately life has its own plans and we are living separately for some time now and both ready for divorce. We could wait until approval/potential interview but my business will require some financial commitments and wife would not be comfortable being a part of it of course. The fact that I live in a community property state will complicate things also.
Would that potentially cause trouble for us and what would you suggest to do. Thank you so much!
If you divorce before you get the GC, you will become ineligible for the GC because you will lose your dependent status. There is a relatively easy solution, which would be for you to file a “nunc pro tunc” asylum. This will protect you and should ultimately get you a GC, but it will cause significant additional delay. Talk to a lawyer about that, as there is more to know and it cannot all be explained here, but that is the basic story. Take care, Jason
https://www.cbsnews.com/news/immigration-uscis-case-backlog-processing-delays/
Looks like if you can pay your case will be heard. I guess it is better than filing the Mandamus anyways. But the good news is the automatic extension of EAD.
Fingers crossed guyz.
If you pay 1500$ the uscis will expedite the EAD renewal. They will issue the EAD in 30 days. The other thing is that they are going to expand the automatic extension from 180 days to a year. There is no premium process for asylum interview.
I guess that also means…from now on…expect renewal to take 10-11 months by default lol
This will be implemented in stages and will start with employment-based cases. Whether they will ever get around to premium processing asylum seekers’ EADs, we shall see – I doubt it. But even if they do not, more money entering the system will hopefully benefit everyone, even those who are eligible for premium processing or who do not pay the fee). Take care, Jason
Jason, we can’t thank you enough for what you’re doing for the asylum community. You’re a blessing!
My family came to the USA six months ago under my asylum process. When will they be eligible to apply for a green card? Can we apply right away or do we have to wait certain time?
I appreciate!
After they have been physically present in the US for one year, they can apply for their green cards. Each person calculates that separately – so if one family member leaves the US for 2 weeks, he has to wait an extra two weeks longer than the others before applying for his GC. Take care, Jason
Dear sir
As you suggested me to advance motion for early master hearing or bypass master hearing
Is it possible they change my judge also?
Thanks a lot
You can try to advance the case or skip the master – it often does not work, but you can try. I wrote about that on April 20, 2017. You cannot change your judge unless there is some good reason (for example, you know the judge from before the court case). The only way to change is if you move to a new location where you will get a new judge. Judges are being reassigned all the time, and so the judge you have today may not be your judge tomorrow, but that is not within your control. Take care, Jason
Can someone apply for asylum in US embassy located in a second country for the applicant? And how it works?
You have to be physically present in the US to apply for asylum. If you are outside the US, it is possible to apply for refugee status at an embassy, but it is rare and I think the embassies would refer you to the UN. Anyway, I guess you can contact the embassy consular section (you can Google that) and ask. Take care, Jason
Hi Jason, I finally got my EAD renewal today. Waited one year. But I didn’t get the renewal for my 13 year daughter, I have applied and paid separate fee for her. I sent two applications one for her and one for me. Mine got approved, but even online when I check it’s only showing my application. Before I used to do same and get EAD renewals same day for both. Not sure what I can do. I would like her to start working next summer for few hours in the summer camp, and even though she is a minor, I am sure they will ask for EAD.
Thank you for your help.
It is normal for different family members to get their EADs on different days, even if they applied together, so probably she will get it soon. IF there is no receipt for her, then USCIS probably is not processing her case. Maybe I misunderstood what you wrote, but make sure she has a receipt – if so, I expect her EAD will arrive soon. Take care, Jason
Hi Jason,
I have a green card travel question … it is suggested that you spend no more than 6 months outside the US in one year to avoiding possibly getting questioned by the CBP on return. Is that 6 months in one calendar year, or just 6 consecutive months? My partner has been out of the country since Nov 2021 attending to a family emergency and we want to figure out the least stressful time for her to get home (she is on the lease, other documents, etc., so she hasn’t abandoned her permanent residency). If she stays longer than 6 months outside the U.S., what might she expect on her return if she is questioned?
Thank you so much,
If she returns within 6 months, she should be fine. If she returns after 6 months, she may need to demonstrate that she did not abandon her status. If she returns after one year or more, the burden of proof is more difficult. It sounds like she has evidence about the reason for her absence, and so she will probably be fine, but if possible, she should return before the 6 months, and then she can leave again. If she can stay here for a month or so, she can apply for a Re-Entry Permit (form I-131, available at http://www.uscis.gov), which makes it easier to stay outside the US for longer. There is no rule about being outside the US for 6 months in a year, but relates more to the length of a single trip, though if you spend most of your time outside the US and only return now and again, the US government might conclude that you have abandoned your residency. In short, it is important to understand her situation in order to protect herself, and it would be worthwhile to consult with a lawyer to know how best to approach this if she plans to spend significant time outside the US. Take care, Jason
Thank you Jason. Your willingness to share so generously over the years has been a great support. I so appreciate you and wish you all the blessings in the world.
Thank you, Jason
Is it really possible that Justice Thomas could resign/recuse/be impeached/be replaced over the scandal of his wife ? Earlier, it was expressed that 2 more appointments are preferred. Could it be possible that our dream will make a 50% progress overnight ? 😉
Hey Clarence, are you penidng asylum or on other catagory? I think if you are pending asylum the supreme court has no direct role by now and those judges are not politicans and they stick to what is written in the country’s statute. Remember Kavanaugh who was conservative gave middle finger to Trump on his so called conservative values
LOL @ “…they stick to what is written in the country’s statute.” With all due respect, you must live under a rock or something. The SCOTUS, and some lower courts, are extremely political, and they ignore precedents when it’s convenient for them (the political nature of the courts affects judges/courts that are “left-leaning”, too). Currently, we are seeing where the “conservatives”- euphemism, or more digestible description, for bigots and small-minded people, btw- are attempting to gut, and have gutted, laws that ensure fair voting/voting rights, abortion rights, LGBTQ rights, immigrant rights, employee rights, etc. I will not try to give examples in this response as, if you are follow American politics, you should know.
I disagree. As long as the supreme court remains conservative leaning, it is a threat to the asylum community and to many other communities. A center-left court is in line with my interest.
I would not hold my breathe over that. I think he is not going anywhere. Take care, Jason
That’s too bad …Is it possible that the Supreme Court will have a permanent conservative leaning ?
Because obviously these conservative judges are not going away on their own. And I felt that liberal/progressives seem to have a higher incidence of untimely death…( because if both sides play optimally, the court should be evenly split)…over the last decade, whenever a conservative Justice passes away, the institution could always replace it with another conservative judge. But whenever a liberal/progressive judge passes away, they are also replaced by a conservative judge…Like…is the universe favoring the conservatives by instituting untimely death to whoever who is liberal/progressive in the legal field ?
The make-up of the court does make a big difference. In the 1950s for example, it was more liberal and helped reduce segregation. These days, it seems that being a hard right conservative is a requirement to get nominated during a Republican administration, and Republicans have been very focused on court appointments for years. They are now “benefiting” from all that effort. Though many people will suffer because of it. Take care, Jason
Reasons behind:
Thanks :p. That’s consistent with what I have been witnessing on the ground. I would like to follow up a bit tho. What’s the reason that they are very focused on doing “court packing”? Is it because they want political gain, to make sure they always have an advantage over the Democrats ? If not political, are they trying to advocate/advancing some other goals ? It really couldn’t be that they are doing this because they want many people to suffer…right ? They can’t be that bad I assume ? I can kind of tell that you mean the “many people will suffer” is a byproduct rather than their main motivation …but just want to confirm 🙂 …
People will suffer because the “conservative” justices seem less concerned with the rights of minorities and powerless people than we would hope. Take care, Jason
Unfortunately…
Hi Jason,
I know that you always suggest that one needs to send back the original RTD if one is asking for renewal before expiry (and it does say the same in filling instructions by USCIS) or otherwise application might get rejected and delayed. I have been able to get mine renewed a couple of times without sending the old one with application (but did attach the copy), but look at this experience I randomly stumbled upon on reddit: Somebody submitted their valid RTD with new RTD application and USCIS sent the old RTD back to them saying it as “document classified hard to replace” 😀
https://www.reddit.com/r/USCIS/comments/tcaf7x/rtg_returned_after_applying_for_renewal_as/
We may try to start sending copies of valid RTDs as the wait times have become absurd. I guess I am not surprised that USCIS sent the RTD back in this case, as they do all sorts of nonsensical things. Hopefully, they will just extend the validity of the RTD, which has been under discussion for 15 years already – that would solve this problem. Take care, Jason
Spread the word. If you’re Ukrainian, apply for CUAET (Canada-Ukraine Authorization for Emergency Travel). CUAET is meant “to help Ukrainians and their family members come to Canada as quickly as possible and to provide them with the ability to work and study while in Canada.” This visa
— is TOTALLY free of cost, including biometrics
— valid for 10 years or until your passport expires
— provides an open work-permit (ability to work and study while in Canada)
— allows you to travel in and out of Canada, as long as your visa is valid
— is processed on a priority basis
— does not require vaccination
The application can be filled online at https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/portal-application-ukraine-cuaet.html
That sounds pretty good – Thank you for posting. Take care, Jason
Canada always does the right thing, especially when it comes to humanitarian assistance. I am glad that they are doing this for Ukrainians as I can’t imagine the horror some of these people have/had to experience. I wish, however, that Canada would do the same for other war-torn countries. It’s not that there is a shortage of countries that are devastated by war (even before Putin decided to invade Ukraine), it’s just that these countries are not majority-European. As such, despite their dire and life-threatening circumstances, they must find their way to Canada and seek asylum, or escape their countries- sometimes doing so perilously- and get in contact with the UNHCR. In Canada’s defense, though, the international community and the media may have become desensitized to the sufferings of people in Syria and Afghanistan, for example.
Hello Jason, I’m filling form I-765 and there is a question – “Did you enter the United States lawfully through a U.S. port of entry and were you inspected and admitted or paroled after inspection by an immigration officer? (If you answer “Yes,” you MUST provide evidence of your lawful entry)”.
I could provide I-94, however I’ve entered the US with my old expired passport, not the new one I’ve received while being in the US. Do you think I should provide a copy of my old passport’s bio page as well or a copy of my current passport bio page would be enough?
I would provide copies of both passports (bio and US visa pages only), just in case they want them. Take care, Jason
hello Jason
I just checked my case status (i485) online and it’s shown My Case was Approved two days ago. When will I receive the physical green card?
Thank you
That is good news! Normally, you should get it in a week or two. If you do not have “informed delivery” from the US post office, you might want to get that, as it will send you an email showing you a photo of your mail, and you will know better when to expect important documents like the EAD. Take care, Jason
Hey, how long ago did you file your i485? Waiting for mine to be approved too. The whole process has been around 7years already, so frustrating
Can an asylum-based LPR apply/receive an EAD? (I know EAD card would be redundant once you have green card, but just curious).
You cannot get an EAD based on the pending I-485 (in the past, this was possible, though I think it was mostly because USCIS made a mistake in issuing the EADs). You have to get the EAD based on category a-5 (asylum approved) and you have to pay for it separately, or get a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason
Jason, thank you for your response. I think ZZ was asking if you can get an EAD having adjusted your status from asylee to LPR (I may be wrong, though). If that is the case, I believe the answer would be no as a GC, or LPR status, automatically makes the person eligible for employment in the US. I am not sure why an LPR would want to apply for an EAD. If you do, USCIS will likely reject the application and possibly keep your money. Don’t do it.
Maybe that was the question. If so, I agree with you. Take care, Jason
Hello Jason,
I would like to ask about your opinion in the news of Biden Administration Change to Asylum Process
Do you think this will help on the pending cases that like we waiting for the interview ow for almost 6 years?
Link for the news
https://www.nytimes.com/2022/03/24/us/politics/us-asylum-changes.html .
Thanks,
My understanding is that asylum officers will have more responsibility at the border for hearing cases, which makes me think there will be less time for “regular” affirmative asylum cases. So I think the change will likely make the backlog worse. Also, I am not sure if asylum officers will be involved in the effort to resettle Ukrainian refugees – if so, that would also take resources away from affirmative cases. On the other hand, they have hired more officers and the Covid situation seems to be improving, and so maybe that will help. Overall, I am not sure whether things will get better or worse for people who are waiting, and so we will have to see. Take care, Jason
Dear Jason, I filed my asylum application in early February and still have not heard from asylum office yet. I emailed the asylum office in new jersey but they do not reponse. Could you please tell us the average processing time for our I-589s? two months? one month? do I have to worry? people in my area steal letters form mailboxes and I do not know what to do. Thank you and blessings, Zementi and Tanya
Receipts are arriving slowly, but you should have them about 4 to 6 weeks after you mail in the application. After that, you should receive a fingerprint notice. You might want to see whether you can get “informed delivery” from the US post office – they will send you an email with a photo of the mail you are receiving. Maybe then at least you can look out for important letters. Also, you might look into a PO box, as that may be a safer way to get mail. Take care, Jason
Jason, I noticed one thing: when we mailed our case, there was a Vermont Service Center! If you look at i589 page on USCIS website, cases originating in New Jersey must be sent to California Service Center, which is surprising. It appears that they recently in early March did something with these service centers. Probably that is why our case was lost somewhere. I am thinking of re-sending my case again. Seriously.
If you sent it to the wrong address, you probably will need to re-send. In my experience, if you send it to the wrong address, most Service Centers eventually return it to you, but that may take a while. One exception (and there may be more) is the TSC – if you accidentally send it there, it will simply disappear. Take care, Jason
Hi Jason
I have another question
I want to apply for citizen ship in 6 months
But my wife joined me in US as I-730 form and she applied for green card but she is still waiting for her green card
Can I apply for citizen ship or I have to wait?
Can my wife expedite her case because I can’t apply for citizen ship Before she get her green car ?
If you become a citizen before your wife gets a GC, she will need to file a “nunc pro tunc asylum application” in order to get status as a principal asylee and complete the I-485 process. This will cause more delay for her process, and so I recommend you wait to apply for citizenship until she has the GC. You can apply now, but citizenship cases are one of the few types of cases that are moving quickly and so if you apply, you could become a citizen before her GC process is complete (we are seeing citizenship cases mostly taking 6 or 7 months or even less). You can also try to expedite her GC case – I wrote about that on January 29, 2020. Take care, Jason
Hello Jason,
My I485 journey
Apply 10/07/20
Fingerprint taken 11/03/20
USCIS issued my RFE 02/28/22
I got RFE in my hand 03/03/22
I sent RFE reply on 03/15/22
Today 03/26/22 new card being produced
congrats Alam,
which center proceed your case?
and what the RFE about?
thank you
Hello Bakry,
My server center is MSC but I got RFE from Atlanta GA field office. RFE about medical.
Thank you for sharing. That is actually “fast” compared to many other USCIS cases. Take care, Jason
Jason, it looks they are actually sharing workloads now, and things are moving relatively fast. I am seeing a lot of GCs being approved in 2-3 weeks after the RFE. An RFE for asylum-based GCs is usually a good sign.
We received a whole bunch of RFEs in the last few weeks – almost all are related to medical exams (which we normally do not send with the initial application) for I-485 cases, so hopefully, this is a positive sign. Take care, Jason
Hi Jason,
I was granted asylum before and I’m ALMOST done with the Green Card application, however I have one major concern and really need an advice!
I know that asylees are NOT exempt from INA 212(a)(1), and I’m curious if you ever heard of situation when Green Card wasn’t given based on that rule to a person who already have asylum and is living in the states for many years?
My case is that neither me or my wife has 2 required vaccines (Hep B and Covid). We ARE NOT anti vaxxers by any way, that’s why we almost have everything, except these 2.
I just had a terrible anaphylactic reaction when I was administered a vaccine when I was a kid and almost died. Then, when I first came to America and received asylum, I went to a doctor to make Hep B and had a terrible reaction again – this time, it wasn’t documented properly, but I had serious troubles breathing and thankfully had my asthma exhaler available.
Since that day, both of us are not feeling safe taking vaccines – I almost died twice because of them and just don’t want to make another risk. I could probably get a medical extemption based on this information, HOWEVER, I am concerned about my spouse, who is terrified taking it since seeing my effects.
Could she qualify for waiver based on moral beliefs, given the fact that she wasn’t opposed to vaccines before? Otherwise, if he waiver isn’t approved and she refuses to take one, does it mean that we won’t be ever able to get status adjusted?
Sorry for such a long message, I just truly feel desperate after coming through such a long way and have no idea what to do =(
I am not sure about the exceptions to the vaccination requirements, as I have never looked into that. I think you might want to have a lawyer research that for you to better know your options. Possibly, the doctor would know, but my guess is that most doctors would not. The instructions to the I-693 talk about the exemptions, and it seems to me, if you have evidence of the prior health issues (such as a doctor’s letter), you may qualify. As for your wife, I think that is a more difficult case to make – her fear of the vaccine is not based on religion and I do not see how it is a moral objection either, since it is really based on seeing what happened to you (maybe you can characterize this as a “moral” objection, but I think that may be a stretch). I do think the best bet is to talk to a lawyer to see if you can get some clarity about this. Take care, Jason
Hi Jason, I have a worry, I applied for my third ead under category c08 but was denied reason being that I applied for a08 which is not true. I have my receipt confirming that I applied for c08. Am currently waiting for master calendar hearing. Am really confused.what do you suggest. I intent to write a letter and attach my confirmation notice to it.
Maybe try calling USCIS about this: 800-375-5283. It is not easy to reach a person, but in this case, it sounds like a USCIS error. You can also re-apply for a new EAD based on USCIS error, but that will take a long time. If you do that, note the USCIS error (with evidence) and ask them to expedite the new application. Good luck, Jason
Hi Jason
I applied i730 form for my wife and she joined me in Us
She applied for i485 form after one year ,
I have a question , Do you know how long it takes USCIS process green card for her ?
Because processing time is different Refuge VS Asylum
Is she in us as Refuge or Granted Asylum?
When I’m checking the processing time for granted Asylum one year ago is 25 to 52 months
Hi Asylee, how long did it take to rejoin your wife on i730? and also Jason if you can write expected time period for i730 these days? I have applied the same for my wife waiting for few months already.
Thank you.
Hi
More than 2 years
Thank you Asylee
You can check the USCIS processing time for I-730 forms at http://www.uscis.gov, but wait times lately have been 1 to 2 years. Wait times for the consular part are usually shorter, maybe 4 to 6 months, but it varies a lot depending on the country. Take care, Jason
I am not sure – but I think she would be considered an asylee adjustment and not a refugee adjustment. We are seeing such cases take 2 or 2.5 years for most people. Take care, Jason
Hello Jason
Can a pending asylum applicant married to US citizen get an EAD card based on pending AOS? What will happen to the EAD based on pending asylum especially if it due for renewal?
Yes – one reason to do that is to get the “combo card” that is an EAD and an Advance Parole document, which makes it easier to leave the US and return (though be aware that using your home country passport or returning to the home country could raise issues about whether your asylum case is fraudulent, so you have to be careful about that). Take care, Jason
Thank you Jason
Even though there is already an issued EAD card based on asylum and needs renewal?
The EAD Card Marriage based will automatically replace the Pending asylum based one?
The two cards have two different bases, and so you can apply for both – one does not replace the other, but you only need one to work, and so once you have the marriage-based card, you probably just want to keep renewing that one (since there is no cost to renew, as long as you have the I-485 receipt), but some people may prefer the asylum-pending card, which is good for 2 years instead of one. Take care, Jason
Hello Jason!
The new rule for asylum seekers is registering soon in federal register. It would be great if you can bring some light on that, is it also going to benefit old asylum seekers with pending cases in courts. In my case the asylum officer admits that although the evidence indicates that you are a refugee because you are persecuted in the past on account of protected characteristic in the refugee definition, your asylum application is being referred as a matter of discretion.
I know they are already in backlog and still short of officers/staff and working from homes. EADs are taking a year or so, how this could be implemented.
Thanks
Hi, are you referring to the border asylum seekers being evaluated by the asylum officers ?
I am not sure what you are referring to. There is a new rule about asylum officers at the border acting more like immigration judges, but I doubt that will have much affect on the court backlog (though I do expect it will not help the Asylum Office backlog since it will draw even more resources to the border, leaving fewer for affirmative cases). Also, I have not heard about a new rule for EADs, though the Asylum Division has informed us that they are aware of the problem, for what that is worth. Take care, Jason
I am very upset . My master hearing canceled 2 time now i had master hearing in july 2022. Today they canceled again and now date is April 2025😒
I am in NJ and want to know which state courts are good . So that i can move my case there
Sorry to hear that(( It’s really awful
I feel you SAD MOOD!
I’m in midwest and i will tell you that things still not getting better with the new administration. For the fourth time , my master hearing was cancelled three months ago, few weeks before due date and still not even rescheduled yet. I talked to my lawyer multiple times and she is a little skeptical about how things are getting done now. So, she concluded that we should just wait than pushing much with expedite notifications which can turn the process to surprises. Most cases cancelled during holidays are getting rescheduled to 2024 or 2025 which is horrible but we can not do anything and i feel powerless😔But One day, the sun will shine and millions people stuck in courts will get answers🙏
Your lawyer is right to be skeptical, as the whole system is a complete disaster. From my perspective, it is much worse now than when Trump was president and was actually making an effort to destroy the system. That said, you can try to expedite these cases – I wrote about that on April 20, 2017. We have seen instances where the judge agreed to expedite and then did nothing, only to have the case moved to a different judge who also did nothing, and so even when they agree to expedite, it is no guarantee that the case will actually be expedited. That said, it is possible to try and it does sometimes work. Take care, Jason
Cases are being moved again and again and again, without any warning or any consideration for people in the system or their lawyers. It demonstrates the complete contempt the Immigration Court has for those whose cases are supposed to be fairly adjudicated. It is certainly possible that your case will be moved to a sooner date, even if you do nothing. But you can also try to expedite your case – I wrote about that on April 20, 2017. Take care, Jason
Hi Jason
Just to suggest a workaround(sort of) for the MCH issue if a certain scenario is applicable. My asylum and TPS were denied by USCIS. I had a sort of MCH rescheduling issue like other folks. So, a scenario of MCH in 1-2+ years in future followed by Individual hearing(IH) in x years, god knows when.
So, what I did was while waiting for MCH after I got rescheduling notice, I filed a denovo request with EOIR to review my denied TPS application and set an Individual hearing (Not recommended by my attorney :p, follow your heart scenario). The judge set my IH right away for 1.8 yrs in the future(which I learned from EOIR website), around when MCH would have taken place. Prior to IH, we notified gov attorney about pursuing an asylum case followed by TPS, just in case. In front of a judge, we requested the hearing to cover asylum instead and it was granted as it offered better protection.
Again YMMV but if it’s a desperate situation, this info might come in handy.
Thank you – there are other options as well. I wrote about those on April 20, 2017. Take care, Jason
WTH?!!! 2025?!!! And cancelled TWICE? This is so inherently unfair and disgusting. Shame on these people- if you can call them that. Heartless! I am so upset and it’s not my case.
Jason,
Also, if my 131 form is denied, will I be able to get a refund?
Thanks
No – you may whether they grant or deny the application. Take care, Jason
hello Jason,
I have a question, can I apply for refugee status while waiting for asylum interview? How long is a waiting time?
Thank you
In terms of the wait time for the asylum interview, it is very unpredictable. Some people get interviews in a few months; others wait years. I did a post about expediting on March 30, 2017 (and above) and maybe those would help. Take care, Jason
Hello Jason,
I have a question, can I apply for refugee status while waiting for asylum interview here? How long is the waiting time for interview can be? Thanks
Maybe, but I do not know. Applying for asylum is applying for refugee status, but I think you mean applying for refugee status with the UN and being resettled in some other country besides the US? Maybe contact a refugee resettlement organization (such as HIAS, Catholic Charities, American Friends Service Committee or Lutheran Children and Family Services) and see whether they can advise you about this. Take care, Jason
SW, if you are already here in the US, you can only (emphasis on “only”) apply for asylum, which is technically refugee status (this is because both applicants have to meet the same standards). One of the few distinctions, however, is where you apply for refugee/asylum status. Refugees have to be outside of the US and they must get in contact with the UNHCR. Asylum applicants, on the other hand, must be in the US or at a port of entry.
Dear Jason
I fled persecution in Belarus and crossed the Border in San Ysydro. What’s my next step? Looking for a lawyer? I have a history of persecution and police reports. Thanking you.
If you can talk to a lawyer about your current situation, that would be best. If you were interviewed at the border by US Immigration, you may have an upcoming court date – if you have an Alien number, you can call 800-898-7180 and enter the number into the system; it will tell you if you have a court hearing date. Otherwise, you probably need to file an affirmative application for asylum. This must be done within one year of your arrival here; if not, asylum will likely be denied. If you do not have money for a lawyer, you can try a non-profit. I wrote about that on September 22, 2016 with some links that might be helpful. Take care, Jason
Hi Jason,
I am a U.S. Citizen, I filed I-130 Petition for my refugee parents who live outside the United States. My siblings live with them. We have same case and we already have a file with UNHCR and USCIS file number. During that time USCIS made a split decision on our case. I was able to resettle while the remaining cases were held up then denied. Now we have new evidence and arguments about our refugee resettlement denial that will reopen our USRAP case , my parents are willing to show the new evidence to the US Embassy. The new evidence it was not available during our USCIS re-interview until we filed FOIA Request to the USCIS. Currently my siblings live with my parents with same economic. Can they also be included on the same application and travel with my parents? Will the Embassy help us after addressing clear error in the rejection of our USRAP Case?
I look forward to hearing from you.
Thank you.
I do very little with refugees overseas, and so I do not know much about this, sorry. In terms of the I-130, that would not benefit your siblings; only your parents. As for the refugee part, you might reach out to an organization that assists refugees, such as HIAS, Catholic Charities, American Friends Service Committee or Lutheran Children and Family Services – maybe one of them can refer you to a lawyer or organization who can assist with refugee resettlement issues. Take care, Jason
Hi Jason and thank you for your help of asylum seekers. I am derivative of my wife’s Asylum case and We had interview at San Francisco office 2019 but unfortunately it got referred to court end of 2021, I asked my employer to start my EB2 Green Card application process and they accepted but not started yet but read something here today that when can adjust status through EB categories as long as your case is pending with uscis, if it gets transferred to court like my wife’s case then you can not have adjust status through employer but I am under my wife’s case, could you please advise about it?
Thank you,
Rex
I think you need to talk to a lawyer about the specifics of your case. In some cases, it is possible to get a GC based on employment, even if your original status has expired – I wrote about that on August 28, 2018. However, I do not know whether being in court prevents you from doing that (I doubt it – you could start the USCIS process and probably get the court to dismiss your case so you can complete the process with USCIS). Whether you or your wife would qualify to do this, I do not know, and so I think it is important to talk to a lawyer who has some experience with these types of cases and with the relevant law, which is INA 245(k). Take care, Jason
Hello Jason
I have one more question about N-400 (Application for Naturalization)…
In reference to Part 9 questions 1,2, and 3 about time spent out of the US
Since I have received my Green card I have traveled 4 times out of the US for total of 45 days ( of course not to my country of birth)…
During one of the trips I was supposed to transit through China….and when I arrived in China the Chinese Immigration did not allow me to continue with my connecting flight and I was asked to return to the US….their refusal to allow me to continue with my trip was because they told me that RTD was not a valid travel document…I had an entry visa from the country I was planning to travel to …After approximately 3 hours at the Chinese airport I traveled back to LA and after arriving at LA I purchased another ticket and traveled to my destination through Doha Qatar …so in less than 24 hours I traveled to Asia came back and traveled again to Asia ( of course not counting the approximately 13 hours time difference)…When I came back from my trip I did ask the immigration officer at the LA airport if I was technically out of the US for more than 24 hours and he consulted one of his colleagues and they were as confused as I was…they said it would be better to seek the opinion of an immigration attorney at the time I am submitting N-400…I would like to know your opinion…I was out of the US less than one day but actually I was out of the country one and half day taking into consideration the time difference between US and South East Asia…
I do not see why it matters, but I would probably list that as two separate trips and provide an explanation (as you did above) in the cover letter or on the supplement page at the end of the form. The absence was not long enough to interrupt your physical presence for purposes of naturalization, and I think the only issue is to avoid a situation where USCIS can accuse you of not telling the truth. For these reasons, I do not think it matters how you characterize the trip, as long as you explain what happened. Take care, Jason
Seriously Mr. Jason, you are the most humane person I’ve ever know about in this country and that gives me hope to get my asylum or any other legal status here after 10 years of being here (6yrs H1-b visa- 4yrs asylum pending) . In our religion Islam we will not achieve the real thanking to our lord unless we thank helpful persons like you “shukran Sir!”
La Shukran Alawajib, Jason (sorry for my mangled Arabic-English)
Jason,
On this platform I have read comments from asylum applicants adjusting status through EB2 , EB5. How is it possible under such visa categories like EB2 and EB5 to adjust status without leaving country?
I understand that asylum applicants have been waiting for decisions for more than year or many years, how is it possible to get green card without leaving country. I applied for asylum after my b1b2 expired. Before 180 days from expiration of b1b2, I received my asylum application receipt notice from USCIS. I got denial last year and have MCH next year. If I apply through EB5 , Am I required to leave country to get my green card approved?
I have seen several people adjust status without leaving country based on employment visas on this forum and other forums. I talked to one of the attorneys that one of the people on this forum suggested who helped him adjust status based on EB2 without leaving usa.
The attorney mentioned that if you applied for asylum while you were still under legal status then you can adjust status based on employment visas without leaving usa.
I have seen many more people successfully do it recently. You have to find the right attorney who has done it before. Also chances are 50-50. USCIS could let you adjust status or they could reject. It also depends on how strong your asylum case is. If you filed an asylum case with strong evidence, uscis might let you adjust status easily on Employment categories.
I am also in this process, my perm is about to complete in next few months. Will see how it goes, I also have a strong asylum case, I would prefer to go through with my asylum case as well without any worries.
Hi Toby,
Thanks for encouragement , can you share the details of lawyer plz who is handling your EB2 based case.
I am also planning to file EB2 based case and finding the lawyers.
Thank You
Sameer
I talked to one attorney in florida who was suggested by another person on this forum who had successfully adjusted status based on eb2. I haven’t hire him yet since I will hire him after my company’s attornies complete the perm and I-140.
Also the other attorney suggested by the person below seems to be better. Jason will delete this so plz note it down quickly.
Attorney:
[redacted]
Jason, Sorry for putting other attorney information here. Please redact/remove it after sameer has noted it. Thank you Jason.
Than you Toby and thank you Jason for letting this contact remain here.
I want to explore my options in parallel to asylum.
Since Jason has always encouraged to explore other possible options as well since there is no harm in doing so.
You never know which thing works out for you!
Regards
Sameer
Yes, I have to redact these, as I do not have his permission to list him here. But he is a good lawyer. Take care, Jason
Toby, can you please by any way share this lawyer name with me as well? My email address is edvardo.mendis@gmail.com. That would be awesome if you could email me his name. Thanks
Many attornies don’t know the precedence or the legal basis for such cases. You have to find the attorney who has already done it successfully a few times before. I personally know of at least 2 attorneys in florida suggested by other successful people on this forum and one attorney in california.
Immigration law is difficult. I hate to say this but majority of immigration attornies are completely clueless about such cases. Even my old dumb immigration attorney told me back in 2017/2018 that there was no way to adjust status based on eb2 while having pending asylum. She was obviously wrong, I ultimately fired her when I moved to anew state. I talked to a few more expert attornies and found out it is possible though it is based on a 50-50 chance. But its better to apply for it.
Also you can adjust status through EB categories as long as your case is pending with uscis, if it gets transferred to court then you can not as far as I have been told. In any case uscis is very inconsistent in issuing decisions in such cases, some get approved, others get rejected.
I am not sure that being in court precludes USCIS from processing the case. You would have to ask the court to dismiss the case based on the pending USCIS application. We do this for marriage-based cases, but I have never done it for an EB case. Whether it is possible in that situation, I do not know, but it would be worth discussing with a lawyer to know for sure. Take care, Jason
I think it would not work in your case, since you applied for asylum after the period of lawful presence on the B visa had ended. I think people who do this are applying under a law called INA 245(k). I wrote about this a bit on August 28, 2018, but you should talk to a lawyer to see whether there might be a path for you. Again, I am thinking that this probably will not work in your case, and the fact that you are now in court is also a complicating factor. Nevertheless, it may be worth talking to a lawyer to see whether it might be possible (I am not experienced with business immigration, and so I only know the basics on this point). Take care, Jason
Hi Jason
I-130 Petition filed by US citizen Spouse waited to be called for an interview Since the start of 2019 is finally scheduled for an Interview after 3 years and 2 months, and that too with the Help of Ombudsman Office in Washington D.C, Considering the fact that Spouse is US citizen and beneficiary is not in removal proceedings. Got an email from Ombudsman a week earlier saying, they have contacted USCIS about my case, and it will be scheduled shortly, and there it goes Bingooo, in next few days got a letter From USCIS to appear for interview.
Nothing is almost possible with the help of an external force nowadays.
Regards
The Ombudsman is a good office, though I think they are currently limiting their work because they are overwhelmed. Take care, Jason
Waiting for the next part of your blog. Thx
Spoiler alert: There is no magic solution. But I hope to post it in the next week or two. Take care, Jason
Hi Jason,
Finally, I received my EAD approval after one year. Created two service requests but one was rejected and they took the second request it seems. My waiting period was too long.. Hope everyone will get their cards on time without any struggles going forward.
Center: Potomac
Applied date: 03/09/21
Approved email: 03/23/22
Sadly…
Mine was similar to you man. I just received the new EAD in mail today. Had applied on MAR-30 2021, approved email received on MAR16 2022, received EAD today MAR-23, 2022, Extension expired just today.
If I hadn’t received the EAD today I would have been suspended from my job tomorrow. I received my EAD on the very last day of my extension. pretty frustrating indeed.
This should have take 10 minutes, not 1+ years. Disgraceful. But I am glad you finally received it. Take care, Jason
Hi,
My EAD is pending with Potomac, I applied on April 22nd, 2021 and now currently they are working on April 27th, 2021 cases on their website.
– Can you please tell me where did you apply for the service request?
– Did your case status updated on their website? mine is still not updated.
– When did you apply for the service request just after 1 year?
Thanks
USCIS states that it will only review cases once they are 90 days outside the posted processing times. You can inquire before then, but whether USCIS will take action, I am not sure. Also, of course, you can apply to expedite the EAD – if you are a healthcare worker, the process generally works and I wrote about that on January 19, 2022. For everyone else, you can try the general expedite process. I wrote about that on January 29, 2020. Take care, Jason
Hi Jason,
I want to appreciate your help and this blog that have helped me and so many people in this harsh journey.
My EB2 successful story:
I just had a B2 status that expired in 2017 but before my B2 admission expires I filed i-589 (asylum) with a completed and detailed case (around 200 pages of documents and photos). I also requested for expedited interview 3 times and got rejected. Since then I was waiting for the interview with no other legal status. So for getting a green card other than Asylum, I needed to use Technical Violation Resulting from Inaction of USCIS and Matter of L-K-, 23 I&N Dec. 677 (BIA 2004) to adjust my status without leaving the country.
In 2018 I asked my employer to start EB2 process for me and they didn’t accept it, so I changed my job and started with a new company that promised me to start it from the day one.
Meanwhile, I consulted with maybe 15 lawyers from younger ones to old and super prominent ones with paying for the consultation.(like [redacted] and some other AILA former presidents), most of them told that there is a chance for AOS (adjustment of status) but not much and not guaranteed (if not going to consulate processing).
My company started the process in 2019 as you can see my timings at the end.
After getting i140 approval I made my decision and filed i485 with a lawyer that has a good experience and successful cases in law suiting USCIS in federal courts to if my 485 got denied, sue USCIS in federal court with the lawyer. (Not sure if it can be a great idea but seems the only possible way that can change the denial decision)
Luckily, my 485 case approved with no RFE or interview, it took a little bit longer than my local field office median processing time but it went well at the end.
I know these types of cases depend on the officer discretion and the chance maybe is around 50-50 to be accepted or denied. But I think we need to fight for it and if denied we need to challenge it in federal courts even with a group law suit to force them practice the law when so many people have been held in the backlog with no other choice.
Start of process: Jun 2019
PWD: Jan 2020
Filing Perm Priority date: May 2020
Perm approval: Nov 2020
i140 approval Dec 2020
i485 filed: Feb 8 2021
Fingerprint added: Apr 7 2021
i485 approval: March 17, 2022
Hey Ali, Congratulations
Thank you very much for sharing your story. My employer filed for my perm in NOV, 2021, I will have to follow the same steps as you. I am still waiting for my asylum interview since 2016. Can you please share the name of the attorney who helped you adjust status. I would like to contact him to take up my case as well.
Much appreciated brother.
Dexter,
Wish you the best.
I think Jason is not fan of putting attorney’s name here as some of them are not trustworthy. I put my attorney name here, but if Jason was not fine with it, he can delete this comment.
I filed my 485 case with [redacted], he’s former AILA president and recently have won couple of cases for dv lottery winners in federal courts , sueing USCIS.
You can Google his name and find his office located in Atlanta, GA.
Thank you very much brother. I noted it down. I will contact the attorney as well. Best of luck to you and many congratulations.
I didn’t see this – glad you got it, but I can’t normally allow lawyer names here without permission from them. Thank you, JAson
Sorry, I had to take it down. I know him and agree he is an excellent lawyer. If Dexter emails me, I can give him the name (JDzubow@DzubowLaw.com), but if you talk to him, ask him if he is interested in writing something and we can post it here (or maybe he already has written something that we can re-post). Take care, Jason
Thank you Jason, I just sent him an email and let him know your idea, hopefully he can manage it the way to have his participation here.
Now that I have my EB2 green card received in my hand, can I or should I withdraw my asylum case with Arlington office? Can I just send an email to them with my wife and my green card scanned image and ask them to withdraw my asylum case? should I provide any other info ?
You can withdraw, but you do not have to (the only reason to continue the asylum case are if you need the Refugee Travel Document or you want to file for a spouse or child based on approved asylum). Most people do withdraw the asylum and the best way is to email them the info you list. They may also need you to complete and sign a form, but if you email them, they should let you know. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
@ Ali I would appreciate it if you could get in touch with me at 678-757-4291 if you have a few minutes to spare.
ALI
It has been over 7 years of waiting for my interview appointment at the Arlington asylum office. It is very depressing to sit in limbo with no set date in sight.
I would appreciate it if you could get in touch with me at 678-757-4291 if you have a few minutes to spare.
ALI
It has been over 7 years of waiting for my interview appointment at the Arlington asylum office. It is very depressing to sit in limbo with no set date in sight.
I would appreciate it if you could get in touch with me at 678-757-4291 if you have a few minutes to spare.
Dear Dexter and Ali,
Could you plz share your lawyer name with me who have handled EB-2 cases for people who previously applied for asylum? As it is not possible to write it here could you plz send the name to my email at edvardo.mendis@gmail.com
Hi Ali,
That’s very encouraging , My asylum is pending for the last 6 years and I am also planning to pursue for one of the categories of EB-2.
I have been looking for lawyers who have successfully completed EB2/EB3 cases for pending asylum changing the status without leaving US.
It’s going to be a great help if you can share the details of lawyer who represented your case.
Thanks
Sameer
Thank you for this – it is helpful to see it. I redacted the name of the one lawyer you mentioned, as I do not list lawyer names here without their permission. However, since this went well, I was wondering if you might ask your lawyer if he or she is interested in writing an article about the process for this blog – maybe it would get the person some business, and it would help people to better understand this process. If the lawyer is interested, they can email me. Thank you and Congratulations on finally getting the GC. Take care, Jason
Thanks you Jason, for continuously working to show us there might be a glimmer of hope in what seems a hopeless journey we are stuck in.
@ Ali, thank you very much for taking the time to share your wonderful success experience, and showing there is an alternative some can use.
@ Ali I would appreciate it if you could get in touch with me at 678-757-4291 if you have few minutes to spare.
Sorry Boyek,
I prefer to keep my privacy, you can ask your questions here or in the following trackitt forum thread, I would be happy if I can answer.
https://www.trackitt.com/usa-discussion-forums/i485-eb/58096461/eb2-case-pending-because-of-pending-asylum/page/7
Thanks Ali!
My case is pending at the asylum office for over 7 years now. I have lost so much in these 7 years (the biggest loss being my father’s death). I am at a stage to try anything that may have the slightest hope of changing my status.
I want to give this a try. Can you please share the following information (skip those that you don’t feel comfortable sharing).
1. What category of EB2 do you apply for? Is that the one that needs a labor certificate processing by your employer?
2. What was your employer’s role in the EB2 process?
3. In short, what are the process steps? Was it PERM => I-140 => I-485? or more
4. For which processes did you use lawyers? & their contact information?
5. How much did you pay for each lawyer? (I reached out to [redacted] and learned they charge $250 for a 30 min consultation. I want to get a little bit of information from you before spending money)
6. What profession are you in? How many years of work experience? Do you have an advanced degree?
7. Any lessons learned & advice?
I posted the same questions at:
https://www.trackitt.com/usa-discussion-forums/i485-eb/58096461/eb2-case-pending-because-of-pending-asylum/page/last_page
Sorry, I need to redact lawyers’ names from the blog. If you plan to use a lawyer for this process, it is best to use the lawyer for the entire process; not just part of it, as that is easier for the lawyer to understand everything and get it done correctly. Also, the consultation fee seems reasonable, especially given this lawyer’s good reputation (by contrast, I charge $200 per hour, but my client base is different from his). Take care, Jason
Hi Jason,
I have an asylum-based I-485 application pending and I need to travel to a research conference next summer to present an important paper that my team has been working on for years now. This paper represent the results of a 2 million dollars project funded but the National Science Foundation (NSF) and i am the only one who can present it. I am thinking of submitting an expedite request under the category “Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States;” and was wondering if my case fits under it ? Also, my university department head is willing to write a letter of support should I ask a more higher up person at the university like the Dean for exemple ? Thanks
That sounds like a reasonable basis to expedite and the letter would likely help. However, what you really need is the Refugee Travel Document – maybe that is what you are referring to – you can try to expedite that and use that to travel. Another possibility, though I am not certain about this, is that you also apply for Advance Parole based on the pending I-485. Usually, AP is faster than the RTD. But you would need to use your passport to travel, which might create issues since you are an asylee, and I am not completely sure you are eligible for AP under these circumstances – I have always applied for the RTD in this situation. If they refuse the RTD expedite request, maybe you want to talk to a lawyer about AP. Take care, Jason