Let me tell you about some recent events in my office.
We had two cases set for individual hearings this week. Both cases involve noncitizens who have been waiting years for their decisions, both have family members abroad who they hope to bring to the U.S. if their claims are successful, and both have strong cases for asylum.
For the first case, we prepared and submitted evidence earlier in the pandemic, but the case was postponed at the last minute due to Covid. We were hoping that the new date would stick, given that restrictions are easing and the court now has a system to do cases remotely (called Webex). As the date approached, we filed additional evidence and scheduled two practice sessions for the client. We also regularly checked the Immigration Court online portal, which lists our court dates, to be sure the case was still on the docket.
The second case has also been pending for years. The respondent (the noncitizen in court) is from Afghanistan, and such cases are supposedly receiving priority treatment. So at the Master Calendar Hearing, the Immigration Judge (“IJ”) asked us to be sure to talk to DHS prior to the hearing, presumably in the hope that we would come to an agreement about relief. The IJ also scheduled the hearing for a relatively short time slot in anticipation of a possible uncontested hearing. As with the first case, we filed all the evidence and scheduled the practices.
Both respondents had been in touch with their families overseas and both had talked to their relatives about hopefully reuniting soon.
Then – surprise! – we checked the Immigration Court portal and noticed that both cases had disappeared from the docket. Since the portal pages are sometimes screwy, and since court dates are constantly changing, we decided to wait a bit to see whether the dates reappeared. Informing clients about court delays is always fraught, and can even be traumatic for the clients and their families, who have a lot invested in these dates. So it is better not to inform the client until we are sure a date is canceled.
After some hours, we decided to tell the first client. We had a practice session scheduled for that afternoon, and it would waste time to prepare for a hearing that was not going forward. I called the client and informed him, and as I have often experienced before, he was upset and confused. Why had the case been postponed? Was it something about him or his case? Or was it something about the Court? I could at least inform him that we had two cases canceled on the same date (from two different IJs), and so he should understand that the cancellation was not related to him personally. That is obviously cold comfort, but I guess it is better than nothing. I know it was very upsetting for him to receive this news. It was emotionally exhausting for me as well.
For the next two days, this client kept checking the online court system to see whether anything changed. Then – surprise again! – the case re-appeared on the docket for the same old day and time!
I called the court to confirm, and the clerk told me that the case had been removed by accident, and that it was back on! How lucky! The client told me how upset he had been. He hadn’t been able to sleep or eat. He did not even inform his family back home, as he feared they would not understand or would not believe him. We rescheduled the two practice sessions and mentally re-prepared to go forward.
The next day – surprise again again! – I received a message from the court. The case was definitely off. The clerk apologized for the confusion, and told me that the matter would be set for a date in the future. It would be inappropriate for me to publish here the words that came from my mouth after receiving this message, but let’s just say that I was somewhat agitated. I called the clerk and left a message informing the court how harmful this whole process had been to the respondent, how upset he was, and how he had not seen his family members for years. I also mentioned how upsetting the experience had been for me.
I should say that I do not blame the clerk. He is actually very nice and very responsive (he actually called back and said he will try to get us a new date as soon as possible). The problem is “the system” and complaining to the system is about as effective as punching the ocean. No one is ever responsible, and so there is no one who can be held accountable.
As for client number two, at least he did not suffer the on-again, off-again fate of our first client. But he and his family members were also very upset, and given the IJ’s intention of scheduling the hearing quickly because the respondent is Afghan, it is particularly frustrating that a likely approval should be pushed off until who-knows-when.
What now? For both cases, we will wait a bit to see if new dates appear. Maybe they will. If not, we will file motions to advance, and we will try to get earlier dates. All this is more expense and wasted time for the clients, more work for us, and more work for the court, which will have to review our filings. Last year, I wrote about the harm caused by cancelled hearings, and–despite the easing pandemic and the wide-spread availability of Webex–the problem persists. I’ve mentioned just two cases here, but we see this again and again and again. Not in every case, but it’s common enough that we can never be confident that any particular case will go forward, which makes it much more difficult for respondents and attorneys to prepare for court.
While the situation is bleak, I should mention that the news is not all bad. We are still having some successes. For example, over my Spring Break, I litigated a Syrian case (remotely, with very questionable internet, and in what I believe is the first Immigration Court case in the history of Shickshinny, Pennsylvania). Although it was a close case and DHS generally opposed relief, the IJ explained his reasons for granting and DHS agreed not to appeal. And just yesterday, my client from Pakistan received asylum after a contested hearing. DHS did not appeal.
So if we can actually get to a hearing, it is still possible to win. This is the hope we all need to hold on to, but it would be much easier and much fairer if the system had a modicum of respect for the people it purports to serve.
Hi Jason,
I have applied for the Refugee Travel Document last year and on April 4th (a few days ago) the status changed to your application has been approved and then it changed to refugee travel document was produced.
Today, when I checked the status this is what’s shown: “At this time USCIS cannot provide you with information for your case. Please contact the USCIS Contact Center at 1-800-375-5283 for additional information.”
Is this just a glitch or? Do you or anyone else has had a similar experience?
Thank you.
I have not seen that, but hopefully, it is a glitch. It is a pain to call them, but I recommend you try and see if you can get some clarity. Take care, Jason
i have the same situation with my Refugee travel document “case was approved” and then ” at this time uscis cannot provide you with information for your case”.
what happened then, did you receive the travel document? or not yet?
thank you
Hi Jason,
Is there any way that one can get a Green Card without going through the interview process for an Asylum applicant?
By statute, every asylum seeker must be interviewed for asylum. But once you have asylum and apply for a GC, USCIS does not interview all such cases. They announced that they would interview everyone, but that never really happened. So you may or may not get interviewed for a GC if you apply based on asylum granted. Take care, Jason
Hello Jason,
I apply for i-589 in 2015, Do you know how to request a copy of my docs (I-589, statement, and other docs) which I mailed out to USCIS in 2015? Because it is more than 7 years, I wanna review the cases before I get the interview. It will be much appreciated if you could answer my question. Best regards,
Maylynn
There is a link under Resources called FOIA USCIS. You can use that to request a copy of your file. You can also use form G-639, available at http://www.uscis.gov. Take care, Jason
Thank you very much for your prompt reply.
Hi Jason,
This is Jhampa again, I have talked with other friends in your forum,they said if fees are waived is not shown in my USCIS account it is almost not approved by asylum office.Is it right?
II will know when I will get the letter .
I appreciate your answer.thanks.
Jhampa
I do not pay a lot of attention to the online messages, so I do not know about that. However, it is pretty clear to me that the online messages are not incredibly reliable, and you really need to wait for the paper notice to be sure. Good luck, Jason
Jhampa,
I totally understand your anxiety.
One year+ ago, I was going crazy from checking my own status online, so I stopped altogether.
I only went back to check when I got an informed delivery email from usps that my family and I had mails from USCIS.
The same day, I checked my status and it was the same message you are seeing now.
Based on what I have read here and other platforms, I concluded it must be a referral to court, but that was not the case. My case was approved.
Yes, fees waived is always almost an indication of approval, but that update precedes the one you are seeing now, if you have been approved.
The updates are very quick, and the one you see now is the final or only one; only one if referred to court. If you had initial updates and did not catch them like me, only the physical mail tells you the actual outcome.
If you created the online account as someone here advised, checked the history since interview, and did not see fees waived, it is most likely a referral which in itself is not the end of your case.
If you have not created the online account, I honestly would not bother. Just hope for the best, and if it happens to be referral, start getting ready to win your case in court. At this point, you cannot change the past.
Worry is the pain before the wound”(Jason).
I wish you all the best, and please let us know.
Hey Tina,
Thank you for your note . Appreciate I will let you once I will get the decision letter. Do you know how long it will take to get the letter, when their online says decision mailed.
Thanks again.
Jhamp
I am not sure, but if it was mailed this week, I will not be surprised if you receive it next week.I received mine 3 days from when it was mailed, even before my lawyer. Probably because I live about 4 hours from the asylum office.
Did you sign up for the USPS informed delivery ?
If not, I recommend you sign up for it on the USPS website, so you can monitor your incoming mails.
And don’t forget to relax while you wait😊
All will deliberately be well🙏🙏
Definitely* be well.
Hey Tina,
Thanks for your note,
Yes, my case has been referred to court,I have not got the letter but I checked in Immigration court, so I found it
My master’s hearing is in the first week of August. Is that the final or there are more hearing ahead after the master hearing?
Appreciate for your help.
Best
Jhampa
The Master Calendar Hearing is very brief and they should schedule the final hearing for later. I wrote about this process on March 7, 2018. Take care, Jason
jhampa,
I am so sorry to hear that.
You can still win your case in court.
Sending lots of positive thoughts your way🤗🙏
Hey EH,
Thanks for your post I already have EAD and I renewed just before my interview I mean around 8 months ago. So even if is valid for 2 years .
If the case approved it changed?
Appreciate for your response.
Jhampa
Hi Jason,
This is Jhampa again, I have talked with other friends in your forum,they said if fees are waived is not shown in my USCIS account it is almost not approved by asylum office.Is it right?
II will know when I will get the letter .
I appreciate your answer.thanks.
Jhampa
Jhampa,
If your case is approved, they will send you a new EAD with a new code A5 (Asylee) valid for two years from the date of the approval letter. If your case is referred, my understanding is that you can continue to renew your EAD as normal. Hope you received an approval letter. Please let us know when you receive your letter.
Wishing you nothing but the best.
EH
Hey Tina,
Thank you for your note . Appreciate I will let you once I will get the decision letter. Do you know how long it will take to get the letter, when their online says decision mailed.
Thanks again.
Jhamp
Hey EH,
Thank you for your note . Appreciate I will let you once I will get the decision letter.
Thanks again.
Jhamp
Dear Jason
Can you please have ur input as usual!
Im an asylee im waiting for my GC and thesedays GC ARE taking for ever!
My fiance she is in canada and she has Permanent resident!
Im waiting for my travel documents, what if i go there and marry and come back here can i include her in my green card application, or what is the best way that she can come here until she get an ID! She may get visit visa! But she cant do much with visa like work and study! What is your suggestion
You cannot include her in your GC application, as that is only for you. Once you have a GC, you can file for her to get her own GC – she can do that at the US embassy in Canada or maybe in the US (talk to a lawyer to make sure that will work). Until then, she would only be able to visit here and can only legally work or study if she gets the appropriate visa. Take care, Jason
Hey Jason,
Hope everything is fine,I just got my update.Can you guess what will be the result.The update says.
‘We reached a decision on your application.You should expect to receive the decision shortly,you must follow the instructions in your decision letter as to what to do next.”
So is it common for everybody or you see some clues?
I look forward from you.
Best
Jhampa
Hi Jhampa was this status changed after asylum interview?
Hey There,
Yes I had an interview in Dec,2021.
Fees are waived is a sign to approved. If not than you have to wait until the mail comes.
Wishing best for you dear!
Hey Suli,
So if fees waived is not shown when I checked what should be the result? I am worried.And how long it takes for the letter they said they already mailed.
Appreciate for your response.
Jhampa
Hi Jhampa it is most probably refer to court can’t say 100% but that what it means 99% of the time.
I think you have to wait for the paper decision to arrive in the mail. It should only be a week or two. Good luck, Jason
I did my interview since 2018 and after checking the USCIS case status online therein after:it always show pending but late 2021,it says we have reached a decision and you’ll get our decision in the mail but till now I haven’t got any letter in the mail.This make me worry so much.Anyone with this same issues?Kindly assit.Thank you!
I think this is pretty common. You can email the asylum office directly to ask about your case. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jhampa,
My asylum was approved but the status was changed first to fees waived and then we reached a decision on your application. Did you sign up to check your application status application in the UCIS website? You should see from there the timeline and if there is any fee waived on your I-795.
Good luck,
Hi BH,
Thanks for your note, no I don’t have USCIS account,I will creat and check that way too but my status has not changed to fee wave .I can’t wait the mail.
Thanks again.
Hey EH,
Thanks for your post I already have EAD and I renewed just before my interview I mean around 8 months ago. So even if is valid for 2 years .
If the case approved it changed?
Appreciate for your response.
Jhampa
Per new USCIS memo, it looks, since tomorrow our EAD renewal receipt will keep us eligible to work up to 540 days ( instead of 180 days).
Following
https://www.politico.com/news/2022/05/03/uscis-expired-work-permits-immigrants-00029569?_amp=true
I applaud this obviously needed and circumspect extension.
This is good news. Why it took them so long to issue this change, I do not know, but I suppose we should not complain when they do something positive. Take care, Jason
Hi Jason,
For the pending EADS(applied 1 year ago) do USCIS will send us new receipt with 540 days extension if they don’t how we can show the prove to DMV and renew our driving license? Any suggestions thank you.
I read somewhere on Twitter, you need to show them the USCIS newsroom, or Federal Register pdf document.
As far as I know, they will not send a new receipt – you have to rely on the USCIS web page: https://www.uscis.gov/eadautoextend, which indicates all the c-8 renewals are extended to 540 days. Take care, Jason
Hi,
I am going to apply for EAD renewal. I am an asylum applicant and live in PA. Is this mailing address correct for EAD renewal?
USCIS Dallas Lockbox
U.S. Postal Service (USPS):
USCIS
Attn: I-765 C08
P.O. Box 650888
Dallas, TX 75265-0888
FedEx, UPS, and DHL deliveries:
USCIS
Attn: I-765 C08 (Box 650888)
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067-8003
Sorry, I cannot answer specific questions like that – check the I-765 page Direct Mailing Addresses at http://www.uscis.gov. Take care, Jason
Jason,
Recently I send a renewal request of i131 for travel document renewal. I already received a notice of receiving and processing mentioning they will use the previous biometric datas. I forget to send a photo, should I send my photo or they can use the previous one? If needed can I send before receiving a RFE ?
Thanks
I guess you can try to send them, but I do not know whether they need them, and I prefer to wait for the RFE, which has the exact address and bar code, so that they can match your response to your file. In this case, there is not much to lose if you send them in advance. If they disappear, USCIS will send an RFE later and you can respond again at that time. But I guess I doubt it will make much difference either way. Take care, Jason
Hello Jason,
My 3 adult children (who came here since they were 9, 6, &4) are seeking asylum (it’s a long story); our lawyer advised to file for daca last year (right immediately it was shut down) and for prosecutorial discretion for them. DACA is pending, PD was granted. They tried to renew their EAD before PD came through but haven’t received it yet.
Question: Does PD mean their cases (Asylum) are terminated or just dormant? Will they receive their EAD and can they or will they be able to continue to work indefinitely? If so, will they need to keep renewing their EAD?
Thank you so much!
There are different types of PD. One is Administrative Closure, which is what they wanted – it means the case is still open with the court, but it is set aside and left dormant (maybe forever, or maybe until a new Administration decides to pursue removal again). If the case is Admin Closed, they can continue renewing the EAD. However, courts and DHS generally do not want to Admin Close – they want to terminate, which means the case is removed from the court docket and is done. If that happens, the person is not eligible for an EAD. In that case, they can try to pursue some other relief, if they are eligible. They can also apply again for asylum if they have a claim. Take care, Jason
Hi Jason and Sambod, for RTD applications in the US, I don’t think you need a passport style photo. I believe they will use the image taken from your last biometrics appointment (they usually use the image taken at the biometrics appointment for the RTD application).
Thank you, Jason
Hello Jason,
I having my asylum interview next week, I discovered some mistakes in my declaration, mainly with dates.
My lawyer told me the officer will give me a chance to fix it, is that right!? Also, would that upset the officer?
Thank you Jason
If these dates are significant, I would prepare a written paper listing each error and correcting it. It is better to provide the corrections first rather than wait for the officer to “discover” them, which could potentially impact whether they think you are telling the truth. You can give that to the officer at the start of the interview (or when you sign in). The officer does go over the I-589 at the beginning of the interview, but we try to bring written corrections and updates, as that makes the officer’s job faster, which usually makes them happier. And a happier officer is more likely to grant. Take care, Jason
Great, thank you Jason
Hello Jason,
We thank you so much for the information and for your relentless support. I got my green card through asylum process and my family came to the US a year ago. Now, me and my wife wanted to travel to a third country and I wanted to apply for a Travel document. Am I applying only for myself as an Asylee or do I have to request for a travel document for my wife as well even if she has a valid visa? Can she travel without a travel document since she is not an Asylee, but a beneficiary under my case? Also, will I be sending check along with my application for the payment or how is that works?
Thank you!
Each person applies for his own Refugee Travel Document, so you would only apply for yourself. Unfortunately, the process is slow – maybe 10 months. Your wife is also an asylee, but she is a derivative (not a principal applicant like you), so she should have no trouble if she uses her passport to travel (however, if your asylum case somehow indicated that the government of your country wants to harm her too, she should be prepared to explain why she used the passport). Take care, Jason
Hi Jason,
I received my asylum after 8 years of waiting and now I am eligible to apply for GC. I entered the US with a student visa and completed my bachelor’s as well as my Ph.D. However, I applied for asylum in my first year. Despite I truly followed school and real I had no intention of applying for asylum, and I understand USCIS may not see it that way. (Also, I am from Afghanistan.) Hence, Do I need to apply for a waiver based on the fact that USCIS may think I misrepresented some information in my NIV visa interview? If so, which waiver and what questions in form I485 relate to it?
Thank you very much.
I highly doubt that. If there is an issue that you think requires explanation or a box on the I-485 that you check “yes” (such as the question about prior misrepresentations), you can provide an explanation in the cover letter or on the I-485 supplemental page, and also provide any relevant evidence. If USCIS thinks a waiver is needed, they can let you know. By the way, it is generally very easy to get a waiver at this stage, but if you get the GC and then apply for citizenship, and if USCIS determines at that time that you need a waiver, the process is more difficult. For this reason, if there is any derogatory info, it is best to mention it in the I-485. If you think you need a waiver, talk to a lawyer about that, as even the asylum-based waiver (under INA 209(c)) can be tricky. But based on what you wrote, I do not think a waiver will be needed. Take care, Jason
Has anyone who applied for i485 between Jan 2021-Oct 2021 and is at the National Benefit Centre had any movements with their case?
Hey liam I applied back in August 2021 no update yet! Yesterday i spoke with USCIS he said there is an update on april 18 2022 that my files has been retrieved, he did no provide not much information! Maybe jason can interpret ? Or any one else
As far as I can tell, it is not possible to interpret their vague communications. You just have to wait for them to send a letter and see what it says. Take care, Jason
Hi Jason
What is your opinion or thoughts on background checks? Is it detailed in all phases like before I589 approval, I485 approval and citizenship approval or more strict in one of these phases.
For most people, the delays for background check are much worse at the I-589 stage than at other stages of the process, but I suppose there could be background check delays during any stage, especially if there is new info that is negative, such as a criminal arrest. Take care, Jason
Hi Jason,
Thank you for your kindness in helping asylum seekers and immigrants. My employment finished a few days ago. I am planning to study and am not ready to work again soon. I have an asylum interview at court in September 2023. Could I know the consequences of receiving the unemployment Insurance benefit upon my asylum application, please?
Thank you.
Nay
Unemployment benefits would have no effect on an asylum case, as you are entitled to them. Also, asylum is not affected by your financial status. Take care, Jason
Hi Jason and folks!
It’s happened finally I got my GC! My timeline was:
April 2015 – filed I-589
November 2017 – Interview with IO (decision pending)
July 2018 – asylum granted
October 2019 – filed I-485 (TSC)
November 2019 – fingerprints are taken
January 25, 2022 – Case transferred to NBC
March 18, 2022 – sent request for evidence (medical exam)
April 26, 2022 – evidence received by USCIS
April 30, 2022 – I got GC
Now I’m preparing to file I-130 for my spouse but i have a question, can she apply for US tourist visa while I-130 is pending? Will it harm the process anyhow?
Thank you Jason for everything you do! I wish to all of you succeed in this tedious and stressful journey!
I would recommend she apply for the tourist visa before you file the I-130. If an I-130 is pending for her, the embassy may be unwilling to issue a B visa, since she has an intent to immigrate (as evidenced by the pending I-130). She will already have to deal with this issue since her husband is in the US and the embassy may conclude that she plans to stay here with you if she arrives on a B visa. The application for a tourist visa should have no effect on the I-130. Take care, Jason
applied for citizenship on May 11 2020. My application is way out of its normal processing time. So far in three responses the USCIS told me that my application is pending to receive my A file from national archives center NARA and the delay is cited to be the Covid-19. My question is does it take this long to transfer my file from Archive center to local USCIS office? Or it’s due to other reason? Because I also traveled to my home country being a green card holder based on asylum tow times. How long a background check for citizenship takes? Does the background check is intensive ? I mean will they check all the social media accounts?
I do not think the citizenship background check is nearly as extensive as the asylum background check, but I do not know for sure. Also, I suppose they could check social media, but I think they do not do that for most cases (but I am not sure about that). Take care, Jason
I applied for citizenship on May 11 2020. My application is way out of its normal processing time. So far in three responses the USCIS told me that my application is pending to receive my A file from national archives center NARA and the delay is cited to be the Covid-19. My question is does it take this long to transfer my file from Archive center to local USCIS office? Or it’s due to other reason? Because I also traveled to my home country being a green card holder.
There is no way to know what the hold up is, but we do see naturalization cases that get held up like this. You may want to contact the USCIS Ombudsman (a link is under Resources). They sometimes help with delayed case. Take care, Jason
Hello Jason, i failed my interview and i was referred to court. Should i make passport for my kid that was born in US while my driver license is still valid?
I do not see how the child’s passport is related to your license, but if the child is a US citizen, he or she would be eligible for a US passport. Take care, Jason
Hi Jason. My interview was scheduled. i was on my way to send to renew my work authorization 180 days will be after interview. i still can send it or i have already to wait for the answer from Asylum Office?
It’s up to you. If you get a fast decision and asylum is granted, you will get a new EAD. However, many people do not get a fast decision (or a positive decision) and if that happens, you could lose your ability to work unless you file to renew. Personally, I would probably file to renew, since I would worry about losing the ability to work, but you can wait to see how the interview goes and maybe you will get a decision soon. Take care, Jason
Hello Jason
If the main applicant gets GC before the one year deadline for derivative to apply for can he or she can apply as family GC for that derivative?
I got my GC in 4 months and kids will complete their one year in November 2022
Can I apply as a mom for them before time?
I am not sure if I understand, but each person has to have asylum status for one year (and be physically present in the US for one year) before they apply for a GC based on asylum. So it sounds like the children will need to wait until at least November 2022 to apply for their GCs. Take care, Jason
Wow USCIS!
I applied for renewal of my EAD on June 1,2021 and got the receipt in 2 days.
*Got threatened by my Employer several times after my receipt was about to expire.
*Tried expediating through my Congressman on the basis of Financial hardship,mental stress and USCIS refused in grounds that my case still within processing times.
*I decided to take Novenas,fasted and prayed.
*After my Novena Last week my employer miraculously changed his tone. My EAD receipt expired. He placed me on unpaid leave and asked me to pay for my insurance upfront for 30 days and that I could return to work if I got my EAD within 30 days.
*Yesterday in the morning I went to Church,prayed and cried. I asked God not to put me to shame. At 1pm,I decided to check my case status and ouf! ” Your Card is being produced”
I am so happy and grateful to God. Sending out words of encouragements and prayers to all out there who are waiting. May God intervene for you as well.
Yvonne🤗🤗🤗. Congratulations
It is a a good development, but what a disgrace that you (and everyone else) had to wait so long for an EAD renewal. Take care, Jason
Congrats YVONNE! Amen! Which office was handling your EAD renewal?
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The increase, which will be effective immediately on May 4, 2022, will help avoid gaps in employment for noncitizens with pending EAD renewal applications and stabilize the continuity of operations for U.S. employers.
“As USCIS works to address pending EAD caseloads, the agency has determined that the current 180-day automatic extension for employment authorization is currently insufficient,” said USCIS Director Ur M. Jaddou. “This temporary rule will provide those noncitizens otherwise eligible for the automatic extension an opportunity to maintain employment and provide critical support for their families, while avoiding further disruption for U.S. employers.”
For several years, USCIS has been in a precarious financial situation that has impaired the efficient completion of caseloads. The COVID-19 pandemic exacerbated these challenges in 2020, in addition to a hiring freeze and furlough threat leading to workforce attrition and severely reduced capacity. In 2021, before USCIS could recover from these fiscal and operational impacts, there was a sudden and dramatic increase in EAD initial and renewal filings, as explained in detail in the TFR.
The TFR, which only applies to those EAD categories currently eligible for an automatic up to 180-day extension, will temporarily provide up to 360 days of additional automatic extension time (for a total of up to 540 days) to eligible applicants with a timely-filed Form I-765 renewal application pending during the 18-month period after publication of the TFR while USCIS continues to work through pending caseloads that were exacerbated by the COVID-19 pandemic. This timeframe will allow USCIS an opportunity to address staffing shortages, implement additional efficiencies, and meet Director Jaddou’s recently announced goal of achieving a three-month cycle time for EAD applications (generally comparable to a median three-month processing time) by the end of FY23. Beginning Oct. 27, 2023, automatic extensions of employment authorization and EAD validity will revert to the up to 180-day period for those eligible applicants who timely file Form I-765 renewal applications.
Noncitizens with a pending EAD renewal application whose 180-day automatic extension has lapsed and whose EAD has expired will be granted an additional period of employment authorization and EAD validity, beginning on May 4, 2022 and lasting up to 540 days from the expiration date of their EAD, such that they may resume employment if they are still within the up to 540-day automatic extension period and are otherwise eligible. Noncitizens with a pending renewal application still covered under the 180-day automatic extension will be granted an additional up to 360-day extension, for a total of up to 540 days past the expiration of the current EAD. Noncitizens with a pending renewal application and valid EAD on May 4, 2022, or who timely file an EAD renewal application before Oct. 27, 2023, will be granted an automatic extension of up to 540 days if their EAD expires before the renewal application is processed.
The automatic extension generally will end upon notification of a final decision on the renewal application or the end of the up to 540-day period (meaning, up to 540 days after the expiration date on the applicant’s facially expired EAD), whichever comes earlier.
Certain noncitizens who are in the United States may file a Form I-765, Application for Employment Authorization, with USCIS to request employment authorization and an EAD. Other noncitizens whose immigration status authorizes them to work in the United States without restrictions may also use Form I-765 to apply for an EAD that shows such authorization.
Finally, some relief for people waiting for the EADs. Take care, Jason
Hi Jason,
Have you written about the April 3 Doyle memo clarifying prosecutorial discretion in immigration court? What happens to a c8 pending asylee if the case referred to immigration court is dismissed? Are they then considered out of status and deported? What if the asylee asks for a continuance before the master hearing date? We just heard about this from an attorney today and it seems to add a whole new level of fear and unfairness to an already awful process. As always, thank you.
For the most part, cases will not be dismissed unless the noncitizen agrees. There are two types of PD: Administrative Closure and Dismissal. If the case is Admin Closed, the person can continue renewing the c-8 EAD. However, if the case is Dismissed, the person cannot renew the EAD and it becomes invalid when the case is dismissed. At that point, the only options are to apply for status somehow (through a family member or a job, maybe, if you are eligible, or re-apply again for asylum) or live here illegally with no status and no EAD, or leave the country. The US will no longer be trying to deport you (at least until a new president arrives and changes the policy). For almost all my asylum clients, PD is not a good option, though for those who will most likely lose, it might be an option, especially if they agree to Admin Closure. Take care, Jason
Thanks for clarifying.
Hi Jason
If the case was dismissed by the court while an AOS application is pending with the USCIS
Do I have to contact the local office to update them or do I provide the update at the interview when scheduled?
Thank you
For purposes of the I-130, you can update them at the interview. If you are talking about the I-485, USCIS cannot adjudicate the case until the court case is dismissed, so if you also have a pending I-485, you probably want to notify USCIS (and if you did not already file the I-485, you may want to start that process as soon as possible, as it takes a while and you can get an EAD while you wait). You may want to talk to a lawyer to make sure that everything is in order so you can finish the adjustment of status and get the GC as soon as possible. Take care, Jason
I-130 approved, Pending I-485
Can I notify during the interview, or I won’t get an interview date if I don’t notify ahead of time?
Thank you
I would try to inform USCIS, as they may not know. You can mail in the court order or maybe file it electronically on http://www.USCIS.gov if you have an account (and if the account will accept that). You can also make an inquiry with USCIS about this to see if you can get things started. Take care, Jason
Hi Jason!
Thanks for being the power to the powerless!
One question, I applied for EAD renewal early July 2021 and Nebraska service center is the one handling my case. The office is currently processing cases from August 2021. My current automatic extension will expire in a month time and my employees are asking for my renewed EAD to continue my employment. I already submitted twice an application for case outside normal processing period and I haven’t got any response. After reading your previous post, I called USCIS to expedite the process but the [erson told me to wait till exactly one month remains and then I should try to expedit. She said if I expedite and didnt get approved, I will lose the current queue and my cause further delay. My question is does expediting has this risk? Do you think going through congressmen/ congresswomen is the better option or shall I simple wait to see my fate? I have another application for GC via marriage, if my company give me leave without pay till I get my EAD, will that be considered as illegal employment? Thank you so much as usual!
I have never heard that trying to expedite risks losing your place in the queue, and I do not trust that USCIS is telling the truth about this. They may be, but my sense is that they will say pretty much anything to get people to stop calling them, and so I am just not sure. I would expect your EAD to arrive soon one way or another, but if you prefer to try to expedite, even if there is some risk, you can try that. Assuming you are not a healthcare worker, I did a post listing reasons to expedite on January 29, 2020. I do not know that it is better to go through a Congress person; you can try that or try calling, or do both. If you take leave without pay, it is not illegal employment. Even if it was, working without authorization would generally have no effect on an asylum application or a GC application based on marriage to a US citizen. Take care, Jason
Thank you so much Jason! Finger crossed for my EAD to arrive before the automatic extension expires! My GC application is marriage to GC holder. There was “visa availability” during that period and my wife was able to apply for it via lawyer. We had interview in January and the officer said your case is approvable. But since I don’t have status (pending asylee not considered as status), he said he needs to consult with his supervisor about my status. Since then the online application status never got updated (more than 3 months now and status is still scheduled for interview). Is this normal? Do you think we should call/email the center?
Thank you again!
If you have no other status aside from asylum pending, my understanding is that you cannot get your GC based on marriage to a resident. If your wife becomes a citizen, you would normally be eligible. There are some exceptions to the rule, though they are rare. Maybe ask your lawyer about the legal basis for obtaining your GC, and if you are eligible, you can try to follow up with USCIS. Take care, Jason
Thank you so much Jason! God bless you!
Hi Jason,
Thank you for all you do for us here,God bless you.
I received my notice for interview 2 weeks ago to ge held next week.
Pls,I want to ask you and anyone who visited recently of any update or development that I need to bear in mind.
Thanking you my asylumist family.
What happens if the asylee dues before their interview?
Would their family be able to come to USA ?
1- What happens if applicant (asylee) dies before the interview, can his children (family )come to USA ?
2- if he has severe illness and disability, can he get expedited based on that base ?
If the asylum seeker dies before the interview? If so, and if they have family outside the US, that family could not benefit. If they have family in the US dependent on their case, those family members can file their own asylum case(s). They would need to file as soon as possible (best within one or two months of the principal’s death), as the one-year filing deadline could be an issue for them – talk to a lawyer as soon as possible if you have questions about that. Take care, Jason
I am not quite sure what you mean by updates, but I did a post on September 8, 2016 that may help with the interview. Good luck, Jason
They just don’t care about anything! I went to a master hearing in 2019 to discover that my name was not on the list while I was checking online portal weekly. Tried to find out why then the news was so devasteting to me and my lawyer.Case was cancelled in last minute and reschuled to almost a year after. Since then nothing happened again apart from canceling and rescheduling with no answer from expedite.
A lot of people are in this situation. I think they have no sense of how painful it is. I hope you get a new date soon. Take care, Jason
Hi Jason. My green card and RTD were approved earlier this week. First, I saw the online status changing to “New card is being produced” for both. Then the next day it changed again to “Case was approved”. It did not make sense to me since I think the “New card is being produced” should come after the “Case was approved”. Anyway, the problem is that I am moving to anew place this weekend and do not know the right timing to change the address with USCIS. Do I still have time to receive the green card and RTD in my new address if I change it NOW? I know that USPS does not forward mail from USCIS even if I request the mail forward service. I tried calling USCIS but could not be connected to a live agent. Thanks
Can a a person with severe illness get his interview expedited based on that reason ?
Yes – they can try. I wrote about that on March 30, 2017 and March 23, 2022. Take care, Jason
I do not know. Maybe you can put your mail on hold or check with the post office if you can pick it up there. My sense is that it is probably too late to change your address and get the mail. Maybe you could change the address with USCIS and ask the post office whether you can pick up your mail there, in case they send it to the current address (which seems likely). Or maybe you can ask the new owners to look out for the letter. You might also sign up for “informed delivery” with USPS, so you will get an email when the documents are arriving. Take care, Jason
Hi Jason,
Thanks for sharing. Do you think it’s because of nee memo by DHS to close all the non priority cases???
I do not think so, as DHS is separate from DOJ/EOIR (the Immigration Court). However, DHS is offering PD more frequently – for example in the Pakistan case I mentioned above, they offered us PD, but my client did not want that, as he needed a permanent solution. Lucky for us, the case was granted, but had it been denied, we might have regretted declining PD. This can be a difficult decision. On the other hand, we have cases that I expect we will lose, and for those clients, if PD is an option, I will encourage that they take it. Take care, Jason
Hi Jason, we can’t thank you enough for what you’re doing for the ASylum community. You’re just amazing!
I just received my Green Card through Asylum Process almost a year and half later after I applied. Now, I wanted to travel to a third country to visit my mom. I started the I-131 application form for a travel document request and it clearly says “A Refugee Travel Document is a travel document issued to a refugee or asylee that is not a permanent resident and allows them to travel abroad and return to the United States. In this case, I am now a permanent resident and what kind of other traveling documents would I need to use? I do not have an active passport since my country’s passport expired a while ago and I cannot renew it. Also, what would be the ideal wait time to get the I-131 application approved? Thanks in advance
Go to Part 2 on your Form I-131 and look for option 1.c (I am a permanent resident as a result of refugee or asylee status and I am applying for refugee travel document). Does that answers your question? Current wait time is around 10 months for RTD.
We file for RTDs for green card people all the time, and so you are eligible for the RTD. Unfortunately, the process is slow and it may take 10 months to get it. You can ask to expedite if you have a reason, but USCIS is not great about expediting. Take care, Jason
Did anyone has interview already at new office in Tampa? how was the experience? how long it took to get an answer ?
QQ,
I had my asylum interview at the Tampa Office last Monday. Everyone is nice up there. The office who interviewed me was really nice and the interview was short, about 2 1/2 hours total. She only asked me questions regarding the physical harm I suffered and she allowed me to speak to explain what happened. I hope that it was a good sign that she does not try to get me confused or make any inconsistency, she was typing in the computer all the time. I applied for asylum back in May 2014, so I was waiting almost 8 years for the interview.
I hope to get a satisfactory decision soon.
Thanks,
– JJ
Hi JJ!
Great to hear you got your interview! Did you have to expedite your case to get an interview?
Jambalaya,
No, I did not expedite my case. I was just waiting while asking about my case via email to the Miami Asylum Office at least twice a year but always got the same answer “your case is pending for interview”.
Thanks,
– JJ
Did you get your decision right away?
Did somebody has already interview in new Tampa office? please tell about your experience and how long took to get an answer . Thank You.
INTERVIEW,
I had my asylum interview at the Tampa Office last Monday. Everyone is nice up there. The office who interviewed me was really nice and the interview was short, about 2 1/2 hours total. She only asked me questions regarding the physical harm I suffered and she allowed me to speak to explain what happened. I hope that it was a good sign that she does not try to get me confused or make any inconsistency, she was typing in the computer all the time. I applied for asylum back in May 2014, so I was waiting almost 8 years for the interview.
I hope to get a satisfactory decision soon.
Thanks,
– JJ
Hi Jason,
The same thing happened to me too. AAAAAAH
After a long years of waiting my interview date canceled. said “ due to unforeseen circumstances we canceled your interview date” really shocking, frustrating!!!
I feel bad, I don’t know what to do ?
There is really no excuse for this in my opinion. They have WebEx, which allows a judge to hear the case from anywhere, and they have lots of judges (and supervisory judges) and so someone should be available to hear all scheduled cases. Anyway, you can file a motion to ask for a sooner court date – I wrote about that on April 20, 2017. Take care, Jason
These cancellations are very unprofessional and irresponsible. Here is a number of reasons:
– The judge is stomachache
– The judge is chatting with her girl friend and has no time
– The judge had a bad fight with his/her spouse
– The judge is busy with traveling
– The judge was invited by his friend
– The judge is constipated and feel sick
– many other not important reasons but they doesn’t understand how impactful it could be for the immigrants.
Even if the judge has a good reason, that is no excuse. They can find another judge, since they can uses a judge anywhere in the US (via Webex), so there should almost never be a cancellation. The judges that I see need very little time to prepare for most cases. Take care, Jason
Hi Jason!
I have pending asylum application and would like to apply for TPS as well.
I came across this questionnaire on USCIS website.
Q19 Can I apply for TPS without affecting my asylum claim? You
should be aware, however, that if you are granted TPS, but your asylum application is not
ultimately granted by USCIS, having TPS prevents USCIS from being able to refer your asylum
application to an immigration judge for further review, and USCIS must deny the asylum
application under 8 CFR 208.14(c)(2).
So if my application is denied during TPS term I would NOT be able to appeal decision in immigration court?
If my spouse applies for TPS, does it have same effect if case gets denied?
https://www.uscis.gov/sites/default/files/document/questions-and-answers/Temporary_Protected_Status_TPS_Webinar_Questions_and_Answers.pdf
In theory, you are only sent to court if you are deportable, but people with TPS are not deportable. Nevertheless, I do see examples of TPS people being referred to court after they lose at the asylum office. The cases I have seen are old, and so maybe today, a case would not be referred to court, but I am not completely sure that the asylum office follows this rule. In any event, it is certainly possible that a TPS person’s case will be denied and not sent to court. If that happens, you can apply again for asylum at the asylum office, maybe after TPS ends, and ultimately – if you lose – get referred to court. If your spouse has TPS and you do not, they would refer you to court, but they may not refer your spouse to court. Again, I am not sure, as these rules do not seem to be consistently applied. Take care, Jason
Thank you so much for your answers!
I sent an email to my immigration attorney two days ago and asked him to request an expedition in Los Angeles asylum office. I submitted my letter and all documents to him( I filed in June 2015 and haven’t interviewed yet).
Today, I called the LA asylum office and surprisingly , she made me in-person inquiry appointment next Week.
I’m wondering what I do now.
Do I inform my attorney about it , who hasn’t responded to my email yet?
I think it will be more effective to be in person at the asylum office and give them my folder.
Please let me know which pathway is better, an expedition request by immigration attorney(I don’t know it’s free or have to pay him) or in-person inquiry
by applicant in the asylum office ?
Thank you in advance.
It is important that the lawyer knows what is happening – if you expedite the case yourself and the lawyer does not know, the case may not be ready. In our office, once a person tells me they want to expedite, we first have to complete the case, which can take months. We will not try to expedite until the case is ready to go. So I think whether you go in person or not, you should make sure the lawyer knows what is happening. Take care, Jason
Hi Jason,
I have an issue, my ead card came with an error, they put my middle name as last name. I sent the card back to get fixed and today I got it back as I sent it. They didn’t fix it. What else can I do? I contacted them but I couldn’t get in touch with them. What do you suggest to me to do?
Maybe try the online request (https://egov.uscis.gov/e-request/displayTypoForm.do) and click on “Typographical Error.” I am not sure whether you did this the first time, but it may be worth a try. Otherwise, I think the option is to try calling them again. Of course, if you can live with the error, that is another option – I do not see how it will stop you from getting a job, but it may cause issues for the driver’s license. Good luck, Jason
I filled the typography error form and received the instructions. I called them they said to send the card back again. But I don’t know if they’ll fix it or not.
Hopefully, they will, but if you send it back, make sure to keep a copy, so at least you have that while you wait. Good luck, Jason
Hi Jason, Hope you are doing well.
My brother in law is an asylee have pending I-485 in Texas service. Recently, he had received “request for Initial Evidence was sent it to him”. They want Birth Document. It says that “ The one he sent was insufficient and they want legible of birth certificate, showing both parents names, recorded by country, state or province issued by civil authorities .”
Problem is my brother’s passport is canceled by the government of home country. He can’t get any documents neither can’t go to the consulate he would be in danger. He has nobody in the home country to send him this document.
What can he do? We checked if we could print it online but that option doesn’t work, only way he needs to go to the consulate or someone needs to send him from the prosecution of the country. Impossible ! He is very worried, what he can do?? If he doesn’t send this document they wouldn’t approve it. He sacrificed a lot. Can you please help us? He is willing to pay your fee if you can help us to provide this document to USCIS.
Thank you
According to this link on USCIS website, an asylee is not required to provide a birth certificate if it is not obtainable. See the link below. https://www.uscis.gov/policy-manual/volume-7-part-m-chapter-4
That is helpful – Thank you. There is alternative evidence available in lieu of the birth certificate, and you can also print and copy this above link when you reply, as USCIS is not always aware of its own rules. Take care, Jason
The Request for Evidence letter should include alternatives to getting the birth certificate, which include affidavits from people (but the format of these affidavits is very particular) and other evidence, plus he can provide an explanation. I would not have the capacity to assist with the case now, but you could look for other lawyers who might be more available. If he responds to them with some of the evidence and an explanation, he should have a good chance for an approval. Take care, Jason
Hi All,
I had my first IH Court in Apr-22-2020 , I was waiting this appointment since fab – 2017, Before my app all courts closed due Covid-19,
Then they give me new date in Oct-27-2021. It was online I went to my attorney office in different state ( cost me around 300$ ) in the same day my judge didn’t appear when my attorney called them the clerk said she off today .. They didn’t send anything to inform us about that.
New Appointment last April and finally I granted.
Almost 5,5 years just waiting and before that 2 years waiting Officer decision total is 7 years
This is part of USA asylum condition,,
Thank you for sharing this. It is part of the system, but much could be done to make it better. Even if it is not faster, they could at least be more respectful towards noncitizens and do a better job communicating what is going on with the courts. Take care, Jason
Hi Jason,
Is it possible to lose asylum status due to country Of origin conditions changing? How does USCIS determine if someone is still a refugee eligible for a green card based on asylum status? I heard that an asylee must meet the definition of a refugee to get a green card.
It is possible, and for this reason, it is best to apply for a GC as soon as possible (you can apply after you have been physically present in the US for one year after asylum is granted). However, I think this is very rare, especially since country conditions usually do not change that quickly. That said, some places actually do improve, and so it is best to file for the GC once you are eligible. Take care, Jason
Jason, this is insane. I can imagine how your clients would be feeling, and what their families would be going through. I was in the dark part of my mind when I was reading this, but at the end, you also mentioned some good news, which seems the light at the end of the tunnel. You see, how seriously we read your blogs lolz.
Hi Jason,
Can brain stroke patient who became unable to speak or write apply for asylum ?
Yes of course, but they would need to get some medical evidence to show why they could not testify. They could get witnesses to testify instead and present written documentation about the case. I highly recommend that you talk to a lawyer or non-profit to get some advice about how best to proceed. If you cannot afford a lawyer, I did a post on September 22, 2016 about how to find a free lawyer. Take care, Jason
The sad part is, I have many other examples of the Court’s indifference and incompetence. We have one case where the court had postponed a few days before trial and then emailed us later offering to hold the case that same day, so essentially, they gave us only an hour to prepare. We did not even see the email until about 15 minutes before the proposed time, so we had to refuse. The Court then sent a notice stating how we had decided to postpone the case because we were not ready. It just adds insult to injury, but this is how they operate – they could care less about due process, and then they blame respondents and their lawyers for any small thing we do to protect our clients. Take care, Jason
Jason,
I have asked you questions for my case that has been pending decision at Chicago Asylum Office since December 2018. Before I file mandamus I reached out to my congressman 3 weeks ago and this morning my online status changed from “Application Pending” to “Decision Pending” 3.5 years after the interview for the first time. Do you think that indicates anything?
Joseph, I am not Jason, but this is happening with me too since 2018. It was initially decision pending, then application pending, then again decision pending, currently, it is on the application pending. My son who was 10 at the time of the interview became 14 years old, so they sent a bio matrics appointment for him, which I have already done. I really do not think this indicates anything.
Seeker,
I did a Google Search on this blog and noticed that it happened to many people. I think Application Pending vs Decision Pending are not the same thing. It feels like Decision Pending is better than Application Pending. Obviously it will be a mystery.
Hi Jason,
Can a brain stroke patient who can’t write or speak apply for asylum?
Maybe, but I do not put a lot of confidence in those online messages. You can email the asylum office and inquire – you can find their email if you follow the link under Resources called Asylum Office Locator. Frankly, if you plan to do a mandamus, I would not delay that because USCIS changed the online message. Maybe email them and if you do not get a response in a week or two, go ahead with the mandamus. Take care, Jason