If you are a regular or even occasional reader of this humble blog, you know my opinion of the affirmative asylum system–it is a disaster. There are currently more than 435,000 pending cases, representing upwards of 800,000 people. Some applicants have been waiting for their interviews for five, six, seven or more years, separated from spouses and children and living in existential uncertainty. Now, it seems that we are on the verge of a perfect storm, which will throw tens of thousands of new cases into the system at the same time as resources will be diverted away from affirmative cases. These changes will result in some winners and some losers. Here, we’ll discuss these new developments and how they might affect the asylum process.
Let’s start with the good news.
For people with a pending asylum case, renewing the Employment Authorization Document (“EAD”) has been an issue. If you file to renew your EAD before it expires, you get an automatic 180-day extension of employment eligibility. The problem is that lately, 180 days is not enough. Renewals are routinely taking 10 or 11 months. As a result, people are losing their jobs and driver’s licenses, and are generally suffering due to USCIS inefficiency. To mitigate this problem, USCIS has announced a new rule, entitled “Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants.” This rule will increase the automatic EAD extension from 180 days to one year. USCIS also plans to reduce processing times for EADs, and so when (and if) that happens, the automatic extension may no longer be needed. We do not yet know when this rule will go into effect, but hopefully in the next few months.
USCIS has also announced that it will expand the use of premium processing, whereby an applicant can pay an extra fee (currently $1,500 or $2,500 depending on the type of application) for faster adjudication. The bad news is that premium processing will not apply to asylum seekers or–probably–asylum seeker EAD applications (I have long advocated that asylum seekers should be eligible to premium process their cases). Even though asylum seekers will not directly benefit from premium processing, the extra fees generated for USCIS will hopefully benefit the entire system, and so perhaps asylum seekers will benefit indirectly.
Finally, in the “good news” column, USCIS has announced new goals for completing cases. Again, asylum seekers will not directly benefit. However, USCIS plans to reduce the wait time for a Green Card application to six months (for asylees, that wait time is currently over two years). The agency also plans to reduce wait times for EADs to three months. Whether these goals will actually be achieved, I have my doubts, but USCIS is hiring thousands of new workers (the agency become dramatically understaffed during the Trump Administration) and so hopefully we will start to see some improvements.
In the “good news for some, bad news for others” column, the Biden Administration has announced that it will give priority to asylum cases filed by citizens of Afghanistan who are paroled into the United States between July 30, 2021 and September 30, 2022. USCIS claims that for such applicants, “we will conduct the initial interview… within 45 days of filing and, if there are no exceptional circumstances, we will complete the final adjudication within 150 days of filing.” While I would not be terribly surprised if most such cases are interviewed within a few months, my guess is that many will face delayed decisions, since that is currently the norm for most Afghan cases. So while this policy is generally good news for Afghans, it is probably bad news for everyone else, since their cases will likely receive lower priority and will be less likely to receive an interview.
In the bad news column for affirmative asylum seekers are events at the U.S. Southern border. First, while March had been the busiest month for border crossers before 2012, since 2013, more people have been arriving in late spring and summer. This means–all things being equal–that we can expect the number of asylum seeker at the border to increase in the coming months. But all things are not equal this year. That’s because the Biden Administration plans to lift Title 42 restrictions, which had resulted in most migrants being refused entry into the U.S. due to the public health emergency (and without regard to due process of law or whether they had a claim for asylum). While this means that asylum seekers at the border will now have their cases adjudicated (which is good news for them), it also means that many more Asylum Officers will be deployed to review their applications. This is bad news for affirmative asylum seekers, since every Officer who is working on a border case is not available to work on cases in the backlog, including those of long-suffering applicants who have already been waiting months or years for an interview.
But the situation is even worse than this. That’s because under new rules, Asylum Officers will be acting as “mini Immigration Judges” (to quote one Officer I know). They will have an expanded role in adjudicating border cases and will thus spend even more time than before working on each border case. Consequently, they will have even less time for backlog cases.
Given that 2021 was a record year for arrivals at the border, and given the pent-up demand caused by Title 42, we can expect even larger numbers of asylum seekers to start arriving at the border in the coming months. As a result, it seems likely that many Asylum Officers will be adjudicating border cases at the expense of backlog cases. Whether this will be offset by easing Covid restrictions at the local Asylum Offices and by hiring more Officers, we shall see. But if history is any guide, it is difficult to be optimistic.
Hello,
I won my case last week in the court and I have 2 questions plz
1- I’m stateless and I apply an asylum from Country A my Wife from County X and She has no related at all with country A which I seek asylum from.. She want to renew her passport from the embassy of Country X in the US and travel To Country Z and X to see her family ? Is it ok for her to use her Passport to enter Countries X and Z and RTD to enter the US ?
2- Does the letter will I receive will mention which Country I’m seeking asylum ? Because As a stateless ( Palestinian refugee in Lebanon ) and I lived most my life in one Arab Gulf Country ? I ask asylum from Lebanon but in the interview she asked me a lot about that Arab country too ?? So I’m confused
Thanks
Sorry its complicated lol
1 – All the letters are a little confusing, but if she is a dependent and will not travel to the country where the principal fears harm, there should be no problem, as long as she has a travel document. Also, I see no problem with renewing her passport, which is also not from the country where the principal fears harm. 2 – There are different reasons she might ask about other countries. Most commonly, to determine whether you have permanent status there (if you did, you would not qualify for asylum). In any event, the letter will not mention your country, and you should not go back to your country where you faced harm (it sounds like Lebanon, but if you had a fear of harm in another country, you should not go there either, as you may have received asylum from more than one country). Take care, Jason
Hi Jason,
As always thank you for your continuous support to the asylum community.
I’ve one question; I was about to apply for advance parole to see my sick relative in a third country & meet my wife & children. what’s the maximum amount of visit duration the USCIS has given to asylum seeker? I want to spend some time with my family.
Thank you!
I do not know, but I think as long as it is less than 6 months, it should be ok. I would try to keep the visit to 3 or 4 months, but as long as the AP document is valid, you should be able to return to the US (assuming you are eligible for AP and are not in immigration court and do not have any deportation order). Take care, Jason
Hello Jason and the dear asylum community
My GC is pending and I already have one RTD which will expire in June
I want to reapply and the website says that those with GC pending not need to pay for RTD…is that true?
You do not need to pay an additional fee for Form I-131 if
That’s what is written in the instructions
You are filing Form I-131 Application Type B or D;
You filed a Form I-485 with a fee on/after July 30, 2007; and
Your Form I-485 is still pending.
That is my understanding. You can send a copy of the I-485 receipt with your I-131 form, and that should work instead of having to pay the fee. Take care, Jason
Yes, true. Join the Telegram chat https://t.me/+JT8bQaUaOr5iMTcx more ppl applied with no fee and if you use the USCIS fee calculator will show $0. One person got the money order returned with the letter expanding no fee required as long as payment was made with I485 application & still pending. U need to submit copy I797C showing payment was made.
Hi Jason!
I am a derrivative asylee from my spouse and my green card application is pending. My question is: Can I apply for my country passport at our embassy in the USA? Because my country government is not persecuting me.
Thanks!
If you fear non-state actors (as opposed to your government), there should be no problem to renew your passport. However, at some point, you may need to explain this (why you applied for a passport and why the government issued you a passport) to the US government, but it should be easy to explain since you do not fear your home government. Take care, Jason
Hello sir, we really appreciate the help you are rendering to Asylum seekers. I will need your legal advise as regard to my case. I was granted Asylum last year. I got my I94 and via info pass appointment and a social security card as well.
I was supposed too start my nursing school this April but I need my social to apply for financial aid. I have search everywhere but can’t find my social and I94(The both documents was in a single file).
I called USCIS and explained the situation to them and the desktop support specialist, he created a ticket for another urgent info pass appointment that was about 2 weeks ago. Normally urgent appointment take 3 business days to get a return call from USCIS officer inorder to give a date for the appointment.
I have still not received any call from the officers. I have called again like 3 times, they keep on telling me thesame thing that an officer will get back to me.
What do you suggest I should do. I’m currently unemployed because all employers need the physical copy of my SSC
Is there another route to take?
NB!! Social Security office insist I must come along with i94 from USCIS before they can print me another SSC since I’m not yet a US citizen though i already have unrestricted social in the system.
You can do a Freedom of Information Act request to get your file, but that will take months (see FOIA USCIS and FOIA EOIR under Resources). There is also a form I-102, available at http://www.uscis.gov to replace the I-94, but that also takes time and is expensive (and I am not even sure it will work in this situation – check the instructions). I think calling is the best way, though. If you need the court order, you may be able to get that from the court (if you have a lawyer, the lawyer may get it from the online system or you can go to the court and they should be able to get you a copy). If you have the order, I think you just need to wait for the call back, or call them again. Good luck, Jason
Hello Mr. Jason, thank so much for your quick response. Is this answer for me I’m a little bit confused though. What will I use the freedom of information Act for.? I have in my possession the court document for my asylum grant. I lost my I94 card as an asylee and social security card but i know my social securitynumber. I’m sure the I94 card as asylee is quite different from the one issued by the CBP right?
Maybe the FOIA would get you a copy of the I-94. I guess you could also try to email the asylum office to see if they can send you a new copy. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Try getting an InfoPass appointment at Field Office. Ppl in Asylum granted telegram group obtained I94 recently. Maybe you can get a replacement as you just need the stamp & picture. Asylum granted I94 is not the same used by CBP the chat link: https://t.me/+JT8bQaUaOr5iMTcx
Hi Jason,
How about premium processing time for I-131 form for travel document after being asylum approved? I know for the advance parole is likely included (that’s what is saying on their website) in this new premium processing time, but what about the RTD? Also, do you know when this new rule should be implemented?
Thank you.
As far as I know, they will not offer premium processing for RTDs, but we will see. Maybe if the program works, they will expand it. Take care, Jason
Hi Jason, how often do asylee get denied citizenship, and if one gets denied, can his/her spouse filled for a new greencard marriage based??
Thank you
It is rare. I have seen it once for someone due to an inconsistency between the asylum form and the N-400. We re-did the N-400 and the person was approved. The denial was during the Trump Administration, when they were more willing to deny such cases for petty reasons. In general, if your forms are consistent and you have no disqualifying factors (criminal or immigration issues), you should be fine. If you are denied citizenship, it is even rarer that they would try to take away the GC, but I guess if they did, you could maybe rely on your spouse for a waiver or even to try to get a new GC, though again, that would be pretty rare. Take care, Jason
Jason,
I a pending asylum applicant. I am on valid F-1 status. My COP is Iran and my asylum application is based on my fear from government. Baesd on the law, in order for my f-1 status to remain valid I should always have a valid passport. Can I renew my passport based on this reason? Also, Iran does not have an embassy in US and I should renew through Pakistan’s embassy which has an interest section of Iran. Do you think it matters for the renewal?
I think it is something you need to explain. We did a case yesterday where the person fears harm from the home government (Syria). He renewed his passport, and so we needed to explain that. The case was granted, but renewing the passport is a factor that needs to be explained. It is relatively easy to explain why would you renew, but it may be harder to explain why the government was willing to renew your passport. Maybe if you have other examples of Iranians who the government wants to persecute, but whose passports were renewed, that would be evidence showing that the government renews passports even for people it seeks to persecute, which would help support your claim. Take care, Jason
Jason,
My case has been pending in Chicago Asylum Office since January 2017. I was interviewed in December 2018. I have sent around 10 inquiries since the January 2020 but all I get is “We are still reviewing your case.”
I am really tired.
If I file a mandamus lawsuit do you think the judge would find 3.5 years of no-decision since the interview is unreasonable? Even if the judge says so, does it impact my case negatively?
I did a post on June 2, 2021 with some other ideas, but I think you have tried pretty hard to get them to do their job, and it seems to me that you have a strong case for a mandamus lawsuit. I think mandamus lawsuits do not negatively affect the asylum case. However, if they cannot complete the background check, my understanding is that they will have to deny the case (because they cannot grant it unless the background check is complete). That may be better than waiting forever, and at this point, a mandamus may be the only way to get a decision. Take care, Jason
Hey Joseph,
You are not on your own. I have been waiting for a decision on my application in the same office for about 6 years now. I have exhausted all the avenues without luck. It is so frustrating
Someone from the telegram chat filed a mandamus and got a decision after 1.5 months.
Join to ask him/her questions https://t.me/+MLHBV4G1_UgzMGYx
Hi Jason,
Have you seen this document? (https://scholarship.law.edu/cgi/viewcontent.cgi?article=3215&context=lawreview). It says: “Affirmative disclosure of the facts underlying possible material support in Part B, Question 3.A of form I-589 (asking about group memberships) could be viewed as a concession that the bar applies. Unfortunately, when it comes to the application of the material-support bar, almost no relationship seems too attenuated (even a distant familial connection)”. Is this really true? Let’s say I have a grandfather who is a bad guy connected to an armed group (Tier I). He used to come to our house to check if I live according to his beliefs and controlled me in the past. At that time he did not know I have LGBT ideas so we did not have problems and everything was OK (I never stated that I supported him in anyway). Now he has found out about it and my marraige to a same gender in the US and I am afraid to go back to country because due to his power he can find and kill me. By stating that I have such a grandfather in Part B, Question 3.A of form I-589 who is a member of that bad group, is it a concession that the material support bar apply to me? The officer did not ask any questions during the interview about if I have supported him in anyway in the past. Should I have affirmatively stated/persuaded the officer that I never supported him because it was not brought up during the interview. I just said our family had OK relationship with him in the past as he did not know I was LGBT and I did not escape from him to come to US but now that I am married to a same gender and he knows about it I am afraid about his persecution. What do you think?
I have not seen a case where a family member caused an applicant to be barred from asylum. Maybe that is possible, but I have not seen it – even for cases where family members were terrorists (as defined broadly). I am not sure I would mention such a family member on the form. Maybe write “see affidavit” and in a separate affidavit, you can explain the situation. In a case like yours, I am not sure the form even asks for grandparents, and so I would not lists relatives if the form does not require them. And again, this may best be explained in the affidavit. Take care, Jason
Thanks for the reply Jason. Are the form and affidavit evaluated differently? Does it make a difference to write it in the form or in the affidavit?
They pay more attention to the form, especially at the GC and citizenship phases of the process. I think such info is better put on the affidavit, where it can be fully explained, and where – possibly – it will not be looked at during the GC and citizenship processes. Take care, Jason
Hi Jason! I have been an interview pending asylee for almost 5 years now. We discussed a month ago my case. So I’m gonna marry my gf (she is a US citizen) in 2 weeks now and then apply for the marriage based GC. Hopefully with your assistance. I’m desperate to see my mom, 79, who suffers from anxiety–depressive disorder and spend some time with her. I have her doctor’s recommendation “to restore family ties with the son and spend time together.” I have the same health issue. The situation is literally killing me. I believe I can get some recomendation from my doctor but what it should be? Like specific letter to USICS with what text? Also there is one more problem. My passport have been stolen and my “beloved” government won’t issue me a new one since I’m wanted there. I only can get from them some sort of permission to go back home. Just one way paper. So I can’t just get advanced parole. I need a US travel document to be able to catch up with mom in third country for vacation from time to time. Do you think we have chances to expedite our (me and my soon-wife) interview based on that matter? Thank you.
Mago, I am not Jason. He’ll respond soon.
When you submit an application for GC (based on marriage to a US citizen), you can (usually) apply for Advance Parole (AP) using the Form I-131 (Application for Travel Document). I don’t know if the pendency of your asylum application can cause complications. The AP only gives you advance permission to come back to the US as nonimmigrant. Since the document does not act as a passport, you’d definitely need a passport-or a travel document that acts like a passport- to travel to other countries. Since you are not yet granted asylum, you are not eligible to apply for the Refugee Travel Document (RTD). To me, if you can’t get your COP’s passport, it doesn’t seem, unfortunately, that you can leave the US. Even if your GC is approved, you will still need a passport/a travel document that acts like a passport. Bear in mind, as well, that if you adjust status based on marriage to a US citizen, and you can’t get a passport from your COP, it is highly unlikely that you’d be able to travel. This are exceptions, of course, when the country you are visiting accepts the US re-entry permit. Even if the country accepts the re-entry permit, you shouldn’t be using the re-entry permit unless you are going to be outside of the US for an extended period of time. If you do, USCIS can accuse you of misrepresentation (in theory, at least).
Jason will give you better advice soon.
Correction: “There are exceptions, of course, when…”
Dear Jamie,
thank you for your response! If I may, I’d like to ask you this. 1) What are the base to ask to expedite our interview or maybe there is premium service available? 2) Looks like now USCIS intends to conduct interview within 6 months, and process advanced parole within 3 months, right?
Best, Mago
I did a post about expediting on January 29, 2020 – maybe that would help. As for the 6 months, that is USCIS’s intention, but whether they will achieve that or when they will reach that goal, we do not yet know. Take care, Jason
@Jamie while I agree with you that @Mago should not be getting passport from COP if he applied for asylum in the first place even tho he get his GC thru marriage now and he would need some kinda passport to travel but there is another possibility; Re-entry Permit. Anyone with GC is eligible to get it (tho wait time is pretty much same as RTD) and it can be used in the place of passport. Thats what I think.
Hi Kali- thank you for sending this. I am actually not sure what you are talking about, though. First, I did not say Mago shouldn’t apply for his/her COP’s passport. Mago confirmed that s/he is NOT able to get a passport from the COP as s/he is wanted by his/her government. Second, Mago wants to adjust his/her status via marriage- and we assumed that this adjustment would come before the asylum status is granted. If so, Mago would not be eligible for an RTD since s/he would have adjusted status through his/her husband/wife and not by way of asylum/refugee status. The US government, however, allows for GC applicants who are married to US citizens to apply for Advance Parole (AP). But, securing the AP would not solve the issue as Mago is NOT able to secure a passport from his/her government; no country would accept the AP in lieu of a passport/travel document; and Mago would not qualify for an RTD. If Mago adjusts status to LPR (through marriage), then s/he can apply for the re-entry permit. The issue here is that you are not supposed to be using the re-entry permit to merely visit a family/friend or for vacation. Doing so can result in the US government accusing you of misrepresentation. Getting the re-entry permit and using it just to spend a couple of days/weeks outside of the US is entirely up to the applicant.
You can try to expedite the GC application (I wrote something related to that on January 29, 2020). However, even if you have a GC, it does not allow you to get a US passport – and you still need a passport to travel. I suppose you can apply for a Re-entry permit – it looks like a US passport and maybe some countries would accept it, but it is not really designed to be used as a passport (that is the Refugee Travel Document, but you can only get that if you receive asylum). If you can get a passport from your country, that would be better, but it could cause issues since you have a pending asylum case where (it sounds like) that same government wants to harm you. Maybe the better bet would be to see if your mother can come here. Also, of course, while the GC is pending, you can get Advance Parole (that is easy for marriage-based cases), but again, you need a passport to travel, and so I am not sure how to resolve that piece of the case. I guess I would look again about getting a passport from your country, but understanding that there is some risk there, due to the asylum claim. Good luck, Jason
Sorry Jason, didn’t see that you already suggested RP lol
Hello Jason,
Thanks so much for all you do. I applied for Asylum in 2019 and still waiting for an interview. I applied to renew my EAD in June 2021,got the receipt and still have not received it.
I contacted my Congressman to ask for he’ll. He reached out to USCIS and they replied to him that they don’t have resources to schedule my Asylum interview and secondly that my EAD application is still within processing times.
1. The company I work for will lay me off next week because my EAD is expired. Do you think I can apply for unemployment benefits?
2. Can I drive for lyft or Uber till I get a new EAD and apply for a new job?
3. It looks as even if I expediate they will do nothing about it. If I insist do you think USCIS will retaliate? I have 2 daughters and a wife to take care of. I am so stressed and it’s affecting my mental health. May God touch the hearts of the people who work for USCIS to have mercy on us. The pain of political persecution coupled with the wait times and losing a job are just too much for me to carry.I hardly get sleep these days.
Thanks sir Jason
I did a post about expediting the EAD for healthcare workers on January 19, 2022. If you are a healthcare worker, you can try that. If not, I did a post about expediting in general on January 29, 2020. Maybe you could try that. As to your questions: 1 – I think you may need a valid EAD to collect unemployment, but I am not sure. I think you would need to check with the unemployment office. 2 – Not lawfully. However, if you do work unlawfully, it would generally have no effect on an asylum application. 3 – I think USCIS would not retaliate. I think trying to call is a good idea, and I think it is important to be polite, but I also think that you can be insistent. It is ridiculous that they are so slow to renew an EAD (it should take 10 minutes to renew). Anyway, I think you should keep trying. Good luck, Jason
So Tired, I hope you’ll get your EAD soon so you can provide for your family. Jason already responded/answered all of your questions. But to be sure, Uber/Lyft will need an unexpired EAD/Unrestricted SS and some form of valid ID. Like Jason said, asylees/asylum applicants are not necessarily penalized for working without employment authorization. For unemployment benefits, you must contact your state to find out who is eligible for UI and who is not. You can also get this information from your company’s HR department. As a general rule, though, most states require that you have work authorization up to the time you are applying for UI, and continue to have employment eligibility through out the time you collect UI. In fact, some states ask you to prove your employment authorization by providing an unexpired GC/EAD. From what I’ve gathered, how unemployment benefits are administered is left completely up to the state. For that reason, you should contact the state that you live in.
Hello Jason and All,
Good News:
I would like to thank you Jason and all Asylum family members.
Today i received my Asylum approval notice with I-94 Cards for me and family.
I noted on I-94 my date of birth and on my wife I-94 her last name is incorrect. I need the corrected i-94 to get unrestricted SSN card.
Anybody knows how to correct the I-94 its clearly USCIS error.
Please advice.
Thank you.
JIbs
Congratulations! In terms of correcting the I-94 cards, you can try emailing the asylum office to inform them of the problem. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason,
There’s talks about bill in Ukraine that require all ukrainians to return from abroad during war or otherwise face 10 Years In Prison – https://ukranews.com/en/news/848515-men-will-be-obliged-to-return-from-abroad-during-war-otherwise-10-years-in-prison-bill-registered
In case that bill does become a law, could it be a good case for political asylum in the US?
I’m Ukrainian, living in the US and planning to apply for TPC, however with that bill I have just few options left:
1. Return to Ukraine and die
2. Stay in the US, apply for TPC, once it’s expired return to Ukraine and go to prison for 10 years.
Thanks!
Edit: By “TPC” I meant “TPS”
Typically, it is not a basis for asylum if you face detention for refusing to join the military. It would depend on the specifics of the case, but in general, this would not be a strong basis for asylum. However, since you have TPS, you would be permitted to remain in the US on that basis, even if you did not qualify for asylum (also, I should note that people do sometimes win asylum on the basis of avoiding mandatory military service, but those cases are difficult to win and usually, unless there is something more, they will not be approved). Take care, Jason
If they face detention for being a Shia muslim, will it qualify them for asylum ?
If a person is detained due to their religion, it certainly could be a basis for asylum. Take care, Jason
Ah…
So THAT is the the difference here… thanks 🙂
hi Jason,
i applied for asylum back in 2012.my case went to the court for removal of withholding. as per my lawyer’s suggestion , we filed administattive close for asylum and got TPS. i have been getting my ead card from the ayslum c8 though. i have 2 children 8 and 6.recently i found that i could apply for GC through my kids by filing cancellation of removal through children. Can you please give your insights if it is a good idea for me to move with the cancellation. Also how long does it take to be processed if i go with the cancellation and how hard or easy will it be to get approved? thank you
To be eligible for Cancellation, you had to be in the US for 10 years or more before the case was referred to court and the Notice to Appear was issued. Once the NTA is issued, the clock stops for purposes of Cancellation. If you have 10+ years here before you got the NTA, maybe you would be eligible. You can talk to a lawyer about that to see whether you meet all the criteria and whether it is worthwhile to try to recalendar the case. Take care, Jason
@ANN
Unfortunately you have no chance to get cancellation of removal cause ur case was transferred to the court before you spent 10 years here and one of the kids must have critical medical condition or something so it’s really impossible for you
I agree about the 10 year, but the child does not need a critical medical issue. There are many ways to show the required level of hardship – talk to a lawyer about that (but without meeting the 10 year requirement, there may be no point in talking to a lawyer). Take care, Jason
Hello dear Jason
I have a question about the naturalization
I win my case asylum case on 03/08/2019
And then 07/08/2020 applied and LPR
Got approved on 17/05/2021 they back-date to 17/05/2020
I would like to know when should I apply the us citizenship after 5 year from the date of approval or 4 year from the date of LPR approved ,Which is you can send 90 days ahead like around 3 year and 9 months
Thank you
You are actually allowed to submit your naturalization application to USCIS within the 90-days before your five-year anniversary has arrived. To be exact you may submit your N-400 application for naturalization on or after 02/17/2024.
It should be 4 years and 9 months from the back-dated date, so that would be 02/17/2025 (not 2024). Take care, Jason
You can apply 5 years after the back-dated date, and you can mail the application 90 days early. So the soonest you can apply (assuming you are otherwise eligible) would be about February 17, 2025. Take care, Jason
Hi Jason,
Thanks so much for all the work you do in assisting asylees in the US.
Quick question: I recently got my asylee GC approved, whoohoo! And have my travel document as well but it expires on a yearly basis. As an asylee green card holder, can I use my country’s passport to travel to other countries besides mine?
I saw someone respond on one of the blogs saying it’s possible as long as I don’t go to my country of residence. Kindly asking for your guidance. My travel document expires this year but my country’s passport expires in 7yrs.
Thanks so much!
It is better to use the Refugee Travel Document, but that document is not very practical because it is only valid for a year. If you have to use your passport, you should be prepared to explain why you use a passport from a country that seeks to harm you. If you fear non-state actors (such as terrorists) and not the government, it is easier to explain this, but if you fear your home government, it may be more difficult to explain, and it is the better practice to use the RTD if possible. Take care, Jason
Thank you so much, Jason!
Hi Jason
What if persecutor is maoist group who is a political party now, but not in the current government?
Would it be safe to renew passport in that case when maoist is not in power?
If the group that wants to harm you is no longer part of the government, it is easy to explain why the government renewed the passport (since the government is not seeking to harm you), and so I think you should not have an issue. Nevertheless, you should be prepared to explain if you are ever asked. Take care, Jason
Hello Steph,
Congrats. May I know which office and when did you apply for GC?
Hi Jason,
I am waiting for my asylum interview for a few years. My employers has started my PERM and I-140 process, I was still on valid B1/B2 status when I filed for Asylum and my attorney has told me that I would be able to adjust status without leaving the U.S. My home country passport will expire at the end of this year, the EB2 process may take a little longer than that.
Would I need to renew my passport if I am able to adjust status without leaving the U.S. Is having a valid passport requirement of filing I-485 or Can one apply/get green card without having a valid home country passport.
I do not do business immigration and so I do not know whether you need a valid passport for that. I think the attorney who is assisting you should be made aware about this issue and hopefully, that lawyer can advise you. Take care, Jason
A valid passport is not needed, the tricky part here is whether USCIS considers that you have maintained your legal status or not.
I’m actually curious about this too. Since I’ve been waiting for my interview for over 6 years now, wondering if my employer can apply for me too.
However, I do have 2 months gap, between the expiration of my B1/B2 arrival stamp and asylum application. Wondering if USCIS counts any amount of time of unlawful presence or over 180 days? I found different readings and am not sure which one applies. Also, my passport expired a while ago, and I am from the east of Ukraine (Kharkiv), so lately it’s been extra stressful, with my interview not being scheduled for years and my hometown being destroyed by Russian troops.
Given the gap, I think you would not be eligible to adjust under INA 245(k) based on an employment-based petition. I wrote something about this on August 28, 2018. However, I am not certain and so you might want to talk to a lawyer about the specifics of your case. Also, Ukrainians are eligible for TPS, and so if you have that, it may make you eligible to adjust. Again, I am not sure, but you can have a lawyer research that for you to see whether you can do it. Good luck, Jason
Thank you Jason, you always have been incredibly helpful and so patient with all our questions.
Hello Jason! Hope you are doing great. I have asylee status with a pending GC I-485 application since 2019.
-Can I travel to U.S. Territories such as the US Virgin Islands while my GC and Refugee Travel document applications are pending?
Not to the US Virgin Islands, since you need a passport (or RTD) to return from there to the mainland. Maybe other territories are different, but you should not go to the USVI unless you have a valid RTD. And if you want to be safe, you should wait until you have the RTD to go to any territory, or at least double check about the requirements to return to the mainland after you travel. Take care, Jason
Thanks Jason as always for valuable information you sharing with us!
Those with I-589 Pending Application a telegram group was created, use link to join: https://t.me/+uc5HEHpSyS85ZGI5
Good luck everyone!!!
I would like to thank you Jason for your help and support . My husband and I applied for an advance parole and we requested to be expedited on the basis that my husband is a stage four cancer patient and he has not seen his kids for seven years and due to his cancer and a brain lesion on the optic nerve caused his vision to be lost completely in his right eye and half of the vision is in the left eye. We both TPS holders and he is the main applicant of his asylum , we had our interview January 31,2018 and we have not heard back from the , I tried Ombudsman , our congressman , the senator ,but nothing happened . I have three questions are 1)do you think the USCIS will accept to expedite our travel documents?how long does it take to issue the travel document ?
2)is there any possibility that the Customs may deny us admission?
3)Do you know if Saudi Arabia accepts advance parole when I called the embassy they told me they do accept travel documents but I don’t know many people say Saudi Arabia don’t accept it , but if they issue the visa that should not be a problem , right?
1 – I would think so, but you might want to call to try to follow up: 800-375-5283. 2 – If you have AP and return before it expires, you should be able to re-enter the US. I have not heard about anyone being denied re-entry (this is assuming that you are not in Immigration Court, but even if you are in court, and you have TPS, you should be able to return – but if that is the case, talk to a lawyer beforehand to be certain). 3 – AP is not a passport. It is just permission to re-enter the US. If you have AP, you need a valid passport (and a visa to whatever country you plan to visit) to travel. Take care, Jason
Jason,
I once remember reading about types of cases sent to USCIS headquarters for review on your blog. Could you plz remin me on the date of that post?
I did a post on October 20, 2015 about this and I think that is the one you want. Take care, Jason
Hello Jason
I have an MCH in august 2022
Would you please tell me what will happen after the hearing?
Will the decision be made at the same date?
Will the judge make another hearing?
Please enlighten me
Thank you
I did a post about the MCH on May 7, 2018, so maybe take a look at that post. Typically, that hearing takes only a few minutes and then you get a date for an Individual Hearing, where you present your case and the judge makes a decision. The wait time for the Individual Hearing varies by judge. It can be very fast, but in most cases, it is probably a year or two after the MCH. Take care, Jason
Hello Community,
Granted Asylum – Oct 2019
Applied for GC – Nov 2020
EAD expired Oct – 2021 (didn’t apply for extension)
Have unrestricted SSN
Moving to Illinois –
Heard they don’t accept Asylee I-94 or Asylum Approval docs
Does anyone know a law that can help in this situation where I don’t have to apply for EAD for driving license?
Any help is appreciated.
Thank you,
Hello community,
Asylee – granted Oct 2019
Applied for GC – Nov 2020 (waiting for GC)
EAD expired – Oct 2021 (did need renewal, so didn’t do it)
Moving to Illinois (Chicago) – would apply for Driver’s License
Heard DMV does not accept Asylee I-94 or Asylum Approval docs
Does anyone know any law related to this so I can present it to get driver’s license there. Any help would be appreciated.
Thanks
If you have evidence of your asylum status (such as the I-94) that should be enough – if not, ask to talk to a supervisor, as you should be eligible for a license. Take care, Jason
Thank you so much Jason, always appreciated your support. Be Blessed. 🙂
Jason, this is maybe s strange question but I’m not sure what to tell these parents. We are asylum pending, and waiting for our court date, which had being postpone 3 times now due to covid. Although really bad things happens in our country and we were affected really badly it is not a common country to get assylum for. Now our problem is that my daughter’s friend, who does not know we applied for asylum wants to come visit her and needs an invitation letter from us for her visa interview. These people don’t need to know anything of our business and hardships and we are scared that if we give her such a letter that she will firstly be denied a visa and secondly our status will be revealed as well to them. How do we go about this? Thanks
I think you can write a general letter inviting her to the US and not indicate anything about your status. The fact is, such letters are not very helpful – the person has to qualify for a visa on her own, and the embassy does not care much about such letters. Maybe you can state that since you are not a US citizen, the letter will not help, and maybe you can find a US citizen to write a letter inviting her (but again, such letters are of little value – but I guess it is more valuable coming from a citizen than a non-citizen). Take care, Jason
HI jason
thank you for all the service you give us.
soon I will be at immigration court for my individual interview for my eoir-42b case. I have 2 questions
1- if my case eoir-42b is not approved in immigration court, my daughter can still file the i-130 for me?
2 – I am not married to the mother of my daughter. but we live together with our daughter. I would like to know if this can be a problem when my daughter is going to file i-130 for me.
THANK YOU
1 – If she is a US citizen and over 21 years old, she can file an I-130 for you. Whether you are eligible to get your GC based on that, I do not know, but you should talk to a lawyer. Also, you may want to have her file the I-130 now, depending on the case, and I recommend you talk to a lawyer about that as well. If you are ordered deported, it will potentially complicate (or block) your ability to get a GC based on your daughter. 2 – As long as there is evidence that she is the daughter, you should be fine. Take care, Jason
Jason,
my individual interview is in January 2023 and my USC daughter will be 21yearsold in April 2023. What can I do to get my daughter to apply the i-130 for me? I can ask the judge to postpone my judgment until I am waiting for April 2023, so that my daughter can file i-130 for me. or do I have to maintain my individual interview in January 2023? your opinion will be greatly appreciated
I think in this situation, you can ask DHS (the prosecutor) for prosecutorial discretion. If DHS agrees, maybe you can administratively close the case, which would give you more time to have your daughter file the I-130 for you. She cannot file this until she is 21, and so if DHS (or the judge) do not agree, you may need to go forward with your court hearing. If that happens, and even if you lose, you can appeal, and the appeal takes 1 or 2 years, which should be enough time for your daughter to file the I-130, and so either way, you should be able to favorably resolve the case. However, it would be easier if they would agree to administratively close and avoid the trial, so I would try that. Take care, Jason
My EAD expires in may, I renewed in January and already got my receipt. I fall under health care workers category please how do I go about expediting and when is the best time to do so? Thank you
I think you can only do that if the old EAD has expired or will expire within some period of time (maybe 30 days?). I wrote about how to expedite based ob being a healthcare worker on January 19, 2022 – maybe that post would help. Take care, Jason
Hello Everybody,
Mine status was also changed from Fee Waived to Decision was mailed. After changing the status i was able to track my derivatives cases with their Zar numbers.
Please comments how much time time it will take to arrive my address?
Thank you.
Jibs
I think it usually takes a week or two. Take care, Jason
Hi Jason, I am an asylee after one year presence in US applied for I-485 March 24th 2021. My case has been in National Benefit Center. I was told that my case will be processed in field office, which is Buffalo (I live in Buffalo) . However when I check uscis processing time of I-485 in Buffalo it shows me 8 to 13,5 months and they are processing now March 9th 2021. My case is still in NBC and I can’t see any info if it will be transferred to Buffalo office since they are very close to my date of (March 24th almost 2 weeks close) application. I am just worried that my case is stuck in NBC. Aren’t they supposed to send it to my field office. I had been waiting since 2015. First i got stuck in backlog 5 years then I got my interview 2020 February and granted. now don’t know what is going on. I asked Emma live chat- told me still in NBC since my biometrics May 5th 2021. What would you recommend me in order to move forward? I am so tired of waiting
Thank you
Im just like you. If you don’t mind…can you contact me so we can keep each posted?
I really do not know which processing time you should check when the case is at the NBC, and as far as I know, they do not publish anything about that. Maybe the local processing time is the best bet, but even if that is so, USCIS will supposedly not take any action on a case unless it is 90+ days beyond the posted processing time (if that happens, you can inquire about the delay). So I think there is nothing to do yet. If you have a reason and want to try to expedite, I wrote about that on January 29, 2020. But otherwise, you might just want to wait. USCIS is slow, but GC applications seem to be moving a bit faster, and so the case will be processed eventually, though hopefully sooner rather than later. Take care, Jason
Hello
I was checking my case status and it says (my decision was mailed)
How much time it needs to arrive to me?
Hello AsylumSeek,
Mine status was also changed from Fee Waived to Decision was mailed. I also have the same question how much time it will take to arrive?
I have a question after interview in 15th feb 2022 still my status says decision pending! How long it took to change your decision pending to fee wave?
Usually less than 2 weeks. Good luck, Jason
Hi Jason,
There’s a new memo issued by DHS that now ICE attorneys can use Prosecutorial Discretion to administrative close non priority court cases. Does that means those cases will go in limbo for number of years? I know in November last year biden administration gave authority to judges again to choose administrative closure for some cases. Please shed light on this. I’m waiting for my individual hearing which is postponed for next year and I’m worried if my case is administrative closure, i have to wait for lifetime to get my decision or reopen the case.
Thanks
There are different reasons to get PD – our most common use for that is to close a case so the person can get a GC based on a family petition. It could also be used if you have a weak case and fear that you will lose (we have tried that a couple times, but DHS did not agree). I think DHS would not simply give you PD unless you wanted it or requested it, and so if you want your case to go forward, this should not be an issue. If you do not want the case to go forward and you request and receive PD, you would basically be in limbo, though if the case is administratively closed, and you already had a work permit based on pending asylum, you should be able to continue renewing the work permit. Take care, Jason
Hay Jason, I know it is just a stupid question, but can we ask or send an email to the Asylum office before we proceed with the Mandamus, that we are about to file the petition unless you decide within 15 days or something like that with all the grounds, that the application is pending since such and such years, we tried x times personally, x times with the congressman, x times with the senator, x times by the ombudsman, x times the lawyer asked, etc, etc. so they will know that our petition is on merits if we file. and we also include that final letter/email (that I discussed above) in our petition if we file for mandamus, in that case, the court will know that before wasting the time of the court we gave a final opportunity to the asylum office and informed them all the dates and grounds. Like a legal notice. Cons and Pros, please.
Yes. In fact, that is the normal procedure, though normally you would send them a copy of the mandamus lawsuit, so they can see it is ready to file. There are no rules about that, and so you do not have to warn them in advance or send a copy, but certainly you can, and sometimes, that does the trick. Take care, Jason
Thanks so much for this help, Jason. Do you know any source where I can find a draft of the Mandamus filed for the delay in the decision in the Asylum case? thanks again.
Sorry, I do not, but I would think if you Google around, you could find something. Take care, Jason
Hi jason
Can you please share with us what does the new law jumpstart help with asylum seekers?
Are they helping us asylum
Seekers.
Is there a law for us where you stay a certain number of years in the US. And you can apply for green card paying an amount ?
Please share your news thanks
I am not sure what law you mean. There is a new announcement that they will prioritize certain Afghan asylum seekers, as discussed in the above article, but otherwise, I do not know what you are referring to. There is no rule whereby a person can get a GC after a certain period of time in the US (there is a law for people in Court called Cancellation of Removal where they may qualify for a GC, but they need 10+ years in the US and they must have a US citizen of green card spouse, child or parent who will suffer extreme hardship if they are deported, and there are other requirements as well – this is a long process, but it is a path to a GC for some people). Take care, Jason
Hello Jason and All,
I had my interview in October 2021 and today my status changed from Decision is pending to
Fee were waived.
What does it mean and what would be the next status and when please comment.
Thank you.
Jibs
Hey jibs
Back in the days(2019) it used to be approved with my case I don’t know now but I assuming that is approved. Congratulations
Hello Jibs
Congratulations that means you are granted. First you will get notifications for EAD and short while later positive decision letter.
Some people think that this online statement indicates an approval, as “fees waiver for the I-765” indicates you are getting a new EAD card for free, which would be based on asylum approval. I think you have to wait for the paper letter to be certain, but hopefully, it is a good sign. Take care, Jason
Congratulations! it just means that your asylum is approved. This status just will be there for some hours and will change to decision was mailed. If you have any derivative applicants, you also can track their A5 EAD using their asylum case which is in their Fingerprint notice. Derivative case numbers only become trackable when the case is approved, because the same case number is used for A5 EAD
Hi EB2 Seeker,
Thank you for your answer and you are very right i just checked the for my derivative with their Zar numbers and now its shows the EAD status for them as before changing that stats i was unable to track.
Now my status is changed decision was mailed yesterday. Do you know how much time it will take arrive to me.
Thank you.
Jibs
Jibs
Congratulations,
That waived fee is for your new EAD card with A5 code. Which is a good sign means your application is approved. Jason usually appoach with caution and says until you see your approval in letter be ready for any possibility but I will still say you can plan celebration. It will take some time to receive your i-94 though
It is because I am superstitious and do not want to jinx anyone…
Hi Jason,
Hope you and all Asylum community will be fine. I had my asylum interview on October 6, 2021.
Today my case status changed from Decision pending to Fee were waived. Exact wording is below
On October 27, 2021, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number ZAR00000000000. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you have any questions, contact the USCIS Contact Center at http://www.uscis.gov/contactcenter. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
I also applied for EAD 15 days ago and got receipt notice from them last weak. But the status is where we check our asylum case status with our Zar number.
Please comment what does that status changed mean and what would be the expected next status change and when?
Thank you and will keep you updated.
Jibs
First, sorry your comment did not post immediately – if a comment has more than one link, it needs me to approve it. Some people think that this online statement indicates an approval, as “fees waiver for the I-765” indicates you are getting a new EAD card for free, which would be based on asylum approval. I think you have to wait for the paper letter to be certain, but hopefully, it is a good sign. Take care, Jason
Hello Jason and All
I am from Afghanistan. Plan to visit family in Iran who escaped Taliban. I am an asylee with RTD that just arrived. I will apply for GC too in two months. Do you think this trip will cause issue in my GC application because Iran and US have no good relationship? Thanks
I do not think so, but maybe have some evidence that your family is now in Iran, so you can explain why you traveled there. Also, remember that you need to have 365 days of physical presence in the US before you can apply for a green card based on asylum status. Take care, Jason
What document you are gonna enter IRan? do they accept US RTD as a valid travel doc?
Hi Jason,
I am eligible to apply for asylee GC. I waited for 8 years to reach here. When I was waiting, I applied for Canadian Express entry and just got approval for that permanent residency as well. Now, Canada wants my passport to issue visa.
My question is that will the Canadian GC be considered as “firmly resettled in another country” to bar me from US GC? I do not plan to enter the Canada for now, but I am interested to get the visa on my passport and may do a soft landing to claim the Canadian GC too since I spent money on it. Your insights is much appreciated.
PS. I also have an NIW EB2 case as well that’s approved and waiting for consular processing. The Canadian Reisdency will make me eligible to appear for my US immigration visa interview there in case my asylum GC takes forever.
Your thoughts are much appreciated.
If you get permanent status in Canada before you have the GC in the US, it could result in you losing your asylum status in the US, since you will be firmly resettled. You could still get a GC in the US based on the EB2, but I think you would likely not get your GC based on asylum. I am not sure there is any way to avoid that – maybe you could somehow delay status in Canada until you have the GC? You might talk to a lawyer in Canada about that, or talk to a lawyer in the US to see if there is any alternatives, but I do not know about any. Take care, Jason
Hey Al, first of all congratulations. Can you please explain me how you apply Canadian Express entry? What qualifications they need? Did they need ielts for this program? Please I would like to know. Is there anyway that can you share your story or can you provide me your email then I can contact with you please. I need to know badly about that matter cos my fiancé studying over there as a international students.
Thanks!
I was finally approved for asylum after almost 6 years.
Thanks, Jason, for all the helpful Information and support.
Congratulations. Did it take 6 years after the interview???
No. It took 8 months after the interview to receive the decision.
Congratulations! We have posts on May 16, 2018 and December 15, 2021 that may help now that you have been granted. Take care, Jason
Hi Jason,
I am going to share good news about my wife case. She applied for naturalization last year and interviewed five months ago. The officer denied the case and accused her that she lied during the interview, but the fact is she has never lied or misrepresented. We decided to appeal the decision and our lawyer filed the appeal form two weeks ago and we have been waiting for second interview(appeal interview), surprisingly USC closed the appeal form and approved the case and placed my wife in line for ceremony. It seems that there are positive change happening.
That is good news, though it is a shame that you had to go through the trouble and expense of an appeal to get the case resolved. Anyway, good news, so Congratulations! Take care, Jason
Hi Jason, do your clients return their expired RTDs when they are submitting a new application for RTD? Can a copy of the bio page be submitted with the renewal application, or will USCIS need back the actual document?
If the RTD is expired when they apply for a new one, we only submit a copy of the photo/bio page of the old RTD. IF the RTD is still valid, we send the original form. I am thinking of modifying out policy, though, given how long it takes to renew. I am considering not sending the original, even if it is still valid, and seeing what happens. But so far, I have not tried that. Take care, Jason
Thank you, Jason.
Hey jamie
I did apply mine in july and I didn’t include with it . I am still waiting hopefully I will get sooner but to be honest you may need the old so I keep and I will send in case they ask rfe
Awesome! Thanks, Asylumko.
Question for Jason and everyone in this blog…..
I have been waiting for my asylum interview since May 2014. FINALLYYYYYYY, I did receive an email with an update of my case, guess what? The interview has been scheduled. However, I have not received the official letter yet. It will be a year since the case changed from “Next Step is an Interview” to “Interview Scheduled”. So, based on everyone experience, how long does it normally take to get the letter in the mail after the case is updated in the system? I am soooooooo stressed, anxious but happy at the same time…
Thanks in advance,
– JJ
Congrats JJ, good luck on your interview.
Did u expedite ur interview ?
Hey JJ, congrats and good luck!
Did you expedite your case by any chance to get scheduled? I am from 2015 waiting anxiously😩
Thank you. No, I did not expedite my case. I sent a letter to the asylum office at least twice a year asking for any update but always received the same letter back “Your interview is pending and will be scheduled when we have the resources”. So, I am located in Tampa, FL, and there is a new asylum office here which was opened last year. Looks like they are moving quickly with old cases based on what my lawyer said.
Thank you,
– JJ
Hi JJ, congrats on getting your interview scheduled after waiting for so long. You should receive the notice in about a week or so.
Normally, the asylum office does not email a person before the interview, at least in my experience. If you are referring to a change in the online message, I am not sure that is very meaningful. I think you should email the asylum office and ask about the interview – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Jason,
Yes, I am referring to a change in the online system “Case Status Online”. It now says “Interview Is Scheduled”. We have scheduled your interview. You will receive an interview notice. Please read and follow all instructions on your interview notice carefully…”
Thanks,
– JJ
Got it – I would expect you to get the paper notice in the next couple weeks. If not, you can email them to ask. Good luck, Jason
Hi JJ you will receive a interview notice with in two weeks after it changed online status and mentions “interview is scheduled” and ideally interview date from 4 to 6 weeks from now.
Take care!
Jason, it looks like they sent JJ the I-797 (notice of action). That would be good for him/her.
Hopefully, but I do not like to jinx these things…
Hello,
Today I had my IH court and Finally I granted my asylum and win the case ,(:
I know I can Apply for the green card In Apr-06-2023, Before that can I travel ? can I apply for RTD and is that will impact my GC ?
Thanks
Congratulations! We did a couple posts that might be of interest to you – on May 16, 2018 and December 15, 2021. You can apply for the RTD and use that to travel (but do not go to your home country). But for every day you are outside the US, you need to wait one extra day before filing for the GC. So, for example, if you leave the US for 14 days, you cannot apply for the GC until April 20, 2023. Take care, Jason
Thanks for your respond,
So I win the case in Apr-06-2022 , I can Apply for my GC in Apr-06-2023
If I travel after that what will happened for my Citizen ship ? for example 2 months every year because I can work from Home ?
Still I can apply for the citizenship in Apr-06-2027 or I have stay more ?
There are different physical presence requirements for naturalization – you can check the N-400 webpage at http://www.uscis.gov. However, in general, if you leave for 2 months per year, it will not affect when or whether you can apply for citizenship. Take care, Jason
Another Question plz..
Do I need to file I-730 form for my wife ? She is with me in the US and she has social security and A-Number, ?
Thanks
If you were married at the time asylum was granted, and if your wife was not already a dependent on your case (and thus did not get granted with you), you can file an I-730 for her to get her asylum status based on you. You must file the I-730 within 2 years of winning asylum. Take care, Jason
Hi Jason
I have questions to ask . My friends applied her asylum back in 2017 and didn’t had interview . At that year she get married her husband had green car and then became citizens last year . So He did apply to petition her and luckily she got her 10 year LPR last months.now that she had she wanted to know if she divorced him is she going to lost h green card or is good for as long as she she have .
2 questions is when she went to interview she did withdrawal her asylum but wanted to go her country now .Is she good to go or she need to wait until getting her citizens and if she does he.
OK…
If she has a 10-year GC and gets divorced, she does not lose her GC (unless for some reason, in the future, USCIS determines that her marriage case was fake). In terms of returning to the home country, the fact that she got her GC based on marriage does not erase the fact that she filed for asylum, and if the return trip causes the US government to conclude that her old asylum case was fake, it could affect her current status. She should be able to explain why she returned home and how she stayed safe, in the event she is asked. I wrote more about this issue on January 6, 2016. Take care, Jason
Hi Jason
My husband’s asylum was approved by the court last year and we have been married for the past 6 years. I am in TPS status and recently, I was able to expedite my TPS EAD being related to the health care industry. I was wondering if my I730(filed Nov 2021) can be expedited as well or is it only for EAD?
You can try to expedite the I-730 – I wrote about expediting with USCIS in general on January 29, 2020. I suppose you can ask to expedite based on your status as a healthcare worker (and if you have any other reasons). There is no harm in trying. Take care, Jason
Jason,
Is it a usual practice to get RFE for the copy of travel document and statement about any travel made to processing GC application? I have got that question recently.
Thanks
That is possible. Maybe they want to see whether you have the required amount of physical presence in the US, or maybe they want to see whether you returned to your home country. Take care, Jason
Hello Jason,
Thanks in advance for your help on this blog. I am an asylee and my GC application has been pending from September last year. Should there be any hope for my green card issued sooner based on USCIS’s new goal to reduce the backlog?
Maybe, but I think that is a longer term goal and I do not know whether it will benefit people with cases pending today. Hopefully it will, but we shall see. Take care, Jason
Dear Jason,
I am a derivative asylum applicant waiting for a decision. I am currently on F-1 and my husband is on F-2. My husband has used his EAD to work while our asylum application is pending. I self-petitioned myself for NIW EB-2 and filed I-140 and got approved. Now I want to file EB-2 I-485, some lawyers I have contacted say that my husband cannot adjust status due to using EAD to work while on F-2 and he has violated his status. They say if you wanna file I-485, we should prepare your case by stating that we want to use the exceptions in the law for failure to maintaining the lawful status due to USCIS technical problems. My question to you is do you recommend to file I-485 and claim that my husband has maintained his legal status (F-2) while being in the US? If USCIS denies my husband’s application, can we then bring up to use that exception in the law that allows us to adjust status due to USCIS technical problems? or we should try to use this exception during initial filing? I do not want to make unnecessary attention to this matter from the beginning as this might not be problem if we do not talk about it in the application? Also, does the result of my husband’s I-485 application affect my application in any way as I am the one with approved I-140? What is your recommendation? Can we hire you for our I-485 application?
I do not do business immigration, and so you would need advice from someone who does. That said, a few things seem clear. First, your husband’s I-485 application would have no effect on you, and so even if his did not work out, you could get a GC yourself, as long as you are eligible. In terms of whether his working caused him to be out of status, my sense is that there is no answer to this question. I have never heard a definitive answer, and I think USCIS has never issued any guidance. For that reason, he should probably just make his best argument and see what happens. Maybe if USCIS decides he is out of status, he could try an exception to the rule that you are mentioning (under INA 245(k)). I would have the lawyer set out all the options for you so you can decide best how to proceed, but my sense is that there will not be a definitive answer and you will need to make the best argument you can. Take care, Jason
“for asylees, that wait time is currently over two years”
Does it make sense to send i-485 before one year of presence is achieved?
This requirement will be met by the time my application is processed, I suppose.
Thank you, Jason!
You are trying to apply logic to the immigration system and that is almost always a mistake. In any event, the law does not allow you to apply until you have one year of physical presence in the US, so sending it early will likely result in USCIS sending it back. Take care, Jason
Is it possible for the U.S. to deport all people from Russia and natives of countries who are supporting Russia (particularly india and china)? I feel that the West needs to be more strict about their secondary sanctions and such measures are warranted.
That is not possible, at least without a change in the law. In any event, most Russians in the US are probably opposed to Putin, so such a move would probably be counter-productive. Take care, Jason
Okay. Thanks 🙂
Hi Jason,
Thank you for sharing your insight with us. Could you please explain this Efficiently and Fairly Process Asylum Claims new rule( officers acting as Immigration Judges), what does it mean? So if after interview an asylum seeker is denied, another officer will interview this person again? Who will be the prosecutor, what will be the role of a lawyer in this case?
Previously, when someone came to the border and expressed a fear of returning home, the person would get a Credible Fear Interview, which is an initial evaluation of asylum eligibility. If the person “passed” the interview, they would then go to an Immigration Judge to determine whether they are eligible for asylum (if they failed, a judge could review that determination too, but that was done very quickly and usually did not change the outcome). Now, if the person passes the CFI, the asylum officer (maybe the same officer who did the CFI, but I am not sure) will review whether the person should get asylum. If so, they have asylum and the case is done. If asylum is denied, the case will go to a judge for a truncated review. In other words, border asylum claims will be shifted from judges to Asylum Officers, at least in part, meaning that the officers will be spending more time with each case. As I mentioned, this will be time that they cannot spend working on backlog cases, and so I expect this will add further delay to the affirmative system, though presumably, it will help the backlog in Immigration Court. Take care, Jason
It is a horrible situation, I have received approval in 2018 after 5 years!! and still waiting on my Green Card, Did the medical 2xtimes and just been informed that my case has been transferred to Porto Rico’s office!!!!
I’m so devastated. Thinking about suing the USCIS. Do I have any chance?
A mandamus lawsuit? Maybe, as the purpose is to force them to do their job, which they seem not to be doing in your case (and many other people’s cases as well). Most asylees get their GCs in 2 or 2.5 years, and so there might be a problem in your case. Maybe before you pursue a lawsuit, you might want to have a lawyer review your case and determine whether there is some issue holding things up. Take care, Jason
Hi Jason, hope all is good on your end.
I wanted to ask you recently I got divorced and I am a dependent on my ex wife’s asylum application. My case is pending in immigration court, will I be able to apply for renewal EAD? My exwife has not removed me from her application.
Technically, you are no longer part of her case and you are no longer eligible for an EAD based on that case. You should file your own case, if you have one, or find some other path to remain in the US. Also, you should probably separate you and your ex-wife’s case so that they are no longer together in court. Finally, be aware about the one-year filing deadline – I wrote about that on January 18, 2018. Once the divorce was final, you were supposed to file a new I-589 within a “reasonable period of time.” This is usually only a few months, and so if you plan to file your own I-589, you need to do that as soon as possible; otherwise, your case can be denied for filing too late. Talk to a lawyer about this, but you should take action as soon as possible to protect yourself. Take care, Jason