A common question for asylees (people who have been granted asylum) is whether they can travel using their home country passport. If all were right in the world, this would never be an issue. Asylees and Green Card holders who received their status based on asylum are eligible for a Refugee Travel Document, and it is best to use the RTD instead of your home country passport.
Unfortunately, the RTD is valid for only one year, takes 10 or 11 months to renew, and is not accepted by many countries. For these reasons, asylees (and people who received a Green Card based on asylum) are often unable to use the RTD and are left with a difficult choice: Either skip the trip or travel using the home country passport, which can potentially have negative implications for a person’s status in the United States.
In this post, we will talk about the RTD and then discuss travel using a passport from your home country.
For asylees, the best way to travel and return to the U.S. is with an RTD. But the problems with the RTD are many. First, not all countries accept the RTD. You can find websites that purport to list nations that accept the RTD (with or without a visa), but it is unclear whether such information is reliable. The better approach is to contact the country’s embassy and ask directly. Some embassy websites even have information about whether they recognize the RTD and whether a visa is required.
A second problem is that the RTD is valid for only one year and renewals currently take almost a year. If your RTD is valid and you want to renew it, you need to send the original RTD along with your application for a new travel document. While I have heard about people applying for a new RTD without sending the original, the instructions are clear on this point, and if you have a valid RTD and fail to include it with your application to renew, you risk rejection. The solution would be for USCIS to extend the validity of the RTD, an idea that has been floating around for years and whose time is long overdue.
Despite these issues, for asylees who do not yet have a Green Card, the RTD is usually the only option, since that document is required to re-enter the United States (an exception might be an asylee who also has TPS or who has applied for a Green Card based on a family relationship or employment–such people can obtain Advance Parole).
What about an asylee who has an RTD, but who uses her passport to enter a third country? This is a common scenario, since some countries do not recognize the RTD. Would an asylee be at risk of losing her status if she travels with her passport?
There are several reasons that a person’s asylum status can be terminated, including two that might be relevant for our purposes: (1) if there is “a showing of fraud in the alien’s application such that he or she was not eligible for asylum at the time it was granted” and (2) if the asylee “voluntarily availed himself or herself of the protection of the country of nationality… by returning to such country with permanent resident status or the reasonable possibility of obtaining such status….”
Using a passport issued by a government that seeks to harm you may raise suspicions about fraud. You could be asked to explain why you used the passport and why your home government issued you a passport in the first place. It is worth thinking about these questions before they come up, and having an explanation ready in case it is needed. One common explanation is that the home government issues passports to everyone and does not have the capacity to track political opponents and deny them passports. Evidence for this might include news stories about opposition political figures who travel abroad (presumably using their passport). If you do not fear your home government, but instead fear non-state actors (such as terrorists or violent family members), this is obviously less of a concern. Even so, be prepared to explain the situation, just in case you are asked.
There is also the issue of voluntarily availing yourself of the protection of your home country by using your passport (and thus placing yourself under the home government’s protection). However, this provision only applies if you return to your home country and does not apply when you use your passport to travel to a third country. So unless you go to your home country, this should not be an issue.
Here’s another scenario: You have a Green Card and a valid passport, but you do not have an RTD. Can you travel and return to the United States?
First, you can re-enter the U.S. using your Green Card, as long as your trip was for less than six months (keep in mind that any Green Card holder can abandon his residency if he spends too much time outside the United States).
Second, in terms of a risk to your status based on use of your passport, the only real issue here is whether your original asylum case was fraudulent, as discussed above. As long as the U.S. government does not conclude that the asylum case was fake, you should be fine.
In general, the risk to your status caused by using your passport is probably minimal, though it is not zero. In my own practice, I have many clients who received a Green Card based on asylum and who traveled using their passport. None has had a problem re-entering the U.S. or during the naturalization process.
For asylees and Green Card holders who received status based on asylum, it will always be better to use the RTD. However, where you must use your passport, you should be prepared to explain the situation. In this way, you can minimize any risk to your immigration status in the United States.
Hi Jason,
I applied for RTD as soon I became eligible to get one but I’m expected to get it next year. I am not renewing my national passport. The one I have since I first travelled to US is still valid. I have a green card. My asylum case in not against my home country’s government. It is against a non state actors. Do you think if getting visa for third county I’m intending travel to would cause any issues? My trip is just about a vacation to Arabian country. Do you think it will cause any issue on my return to US. I’m planing to stay for no more than a month. The country I’m traveling to does accept RTD but I don’t have one at the time to use.
Thank you
I do not see why getting a visa from a third country would be a problem. Even if you get the visa on your passport, it sounds like you are not returning to the country where you fear harm, so I think you are ok. Take care, Jason
Hi,
Jason, thank you so much for your service here and always responding us.
While I was waiting for my Greencard (form 485), I got a RTD and I travelled with no issue.
Good news that my Greencard is approved and issued. My previous RTD (which was based on an Asylum pending 485) has not be expired yet (will be expired in September). Can I travel to Canada with this current RTD and my Greencard? Or Should apply for a new RDT based on holding a GC?
I believe Canada accepts the RTD, but I am not certain. Maybe you can check the embassy website to find out, or call. Either way, you can return to the US as long as the RTD is valid. You can also use the GC to return to the US as long as you are now outside the US for 6 months or more (if you plan to be out of the US for that long, you need a re-entry permit or a new RTD). Take care, Jason
Thanks for the response.
My point is that the RTD I have now is from the time before I get GC and it is still valid. Now I got GC and I am in USA, so the current RTD (from before) while it is valid should work (Canada is accepting) regardless of I have GC now?
The GC is not relevant to the validity of the RTD, so you can still use the RTD for as long as it is valid. Take care, Jason
Hi Jason,
I found my letter from International and Refugee Affairs Division(IRAD) USCIS office this code “No Physical file CAR added”. What does this code mean “No physical file CAR added”?
Thank you for your continued assistance and i look forward to your reply.
Thanks!
Sorry, I have no idea what that is. Take care, Jason
Hi Jason
I have a green card through asylum and my RTD is all most expired can I use my original passport to apply for a visa and travel abroad since the process of renewing a RTD take all most a year is there any issues when I come back to the US if I didn’t visit my home country
As discussed above, you can, but you should be prepared to explain why you used a passport from a country that wants to persecute you. Of course, this is much less of an issue if you do not fear your home government, but fear non-state actors instead. In any case, you should be prepared to explain just in case you are asked. Take care, Jason
Hi Jason,
Thank you for your noble service. Can I apply for travel document and EAD with immigration judge order. I am still waiting for i-94.
Thanks
If your asylum case was granted in court, you should Google “post order instructions in immigration court” and follow those. That should get you an I-94 and an EAD (the first asylum-granted EAD is free). You should be able to apply for a Refugee Travel Document (form I-131, available at http://www.uscis.gov) without the I-94 – the judge’s order should be enough. Take care, Jason
Hello, Jason.
I don’t know about the rest of the world, but the asylum system in the United States is broken, and the worst part is that it appears to be broken on purpose because it would seem to be relatively simple to fix. I’d like to talk about a few points and get your feedback:
1. The path to becoming an asylee for those who enter the country with a visa and those who do not is vastly different. At first glance, it appears to be reasonable; after all, they want to ensure that people enter the country legally, but we’re talking about asylum seekers. People whose lives are in danger and who may not have the luxury of obtaining a US visa. People from some countries (ironically those countries that are obvious dictatorships) know what I am talking about when I say the luxury of obtaining a US visa.
2. You’re an American, so you obviously haven’t tried it, but as someone who has applied for student visas in a variety of countries, I’d say the process at the US embassy is a bit ridiculous. In some cases, an officer decides whether to grant you a student visa in less than 3 minutes, and they throw you a piece of printer paper as the reason they rejected you, which essentially says, “I am not convinced that your purpose of travel is the thing you claim to study,” regardless of whether you have admission and funding from top-tier universities in the United States for PhD studies, while in a country like Canada they asked you to send them documents and they review all of them and after days even if they reject you they specifically tell you why they did that.
3. You may believe it is for security reasons, but this is not the case. I crossed the border and waited for the border patrol to arrive. I handed them my passport and told them I wanted to step in and apply for asylum even though I was still on the other side of the border. I reasoned that being honest up front would make a difference. What happened as a result? Because I knew it was illegal to cross the border and didn’t listen to the border patrol, the judge sentenced me to more time in prison than other people who crossed the same border the same day but sneaked into the border. I saw someone in the detention centre who had snuck across the border and been apprehended in the middle of the night, but the border patrol didn’t even take him to court and instead sent him straight to the detention centre. The lesson I learned there was that they encourage sneaking across the border instead of showing there in front of them, which is why many people in the detention centre told me that they tore their passports before crossing their borders because they use them against you to deport you to your county. After that, they conducted numerous security background checks on me, including multiple fingerprinting and border petrol interviews, as well as months of checking all my electronic devices, which I am sure is much higher than when you apply for a visa.
4. The most absurd aspect of this process is that they want you to get a visa to come to the country and apply for asylum, but there is no visa for asylum seekers, so you have to tell the truth and they reject your visa request, or you have to lie about your visa request and when the officer asks what your purpose of travel is, instead of saying to seek asylum, you must say studying or tourism or whatever is the title of the visa. They encourage you to lie in order to enter the country and then seek asylum.
5. Another aspect of this process is that if you cross the border illegally (which the new administration prefers to refer to as “regularly,” but that doesn’t help me because I was imprisoned for it regardless of what they call it), they take your passport and your life becomes paralysed without it. In many states, you can’t open a bank account, get a driver’s licence, or even enter a federal building without identification, and you don’t have many options no matter how long you’ve been without it.
It’s strange how rigid the asylum-seeking process in the United States is, because if they truly cared about genuine asylum seekers, as someone who has been persecuted in a dictatorship country, I can assure you that the more you’ve been targeted by a dictatorship, the less likely you are to have a passport or obtain a visa, but here we are in a place where they encourage you to lie, seek asylum across the border, destroy your documents, and so on, rather than being honest. From the moment I entered the country, I only had one request: process my case, grant me asylum if I have a legitimate claim, and deport me to where I came from if I don’t. Now that I’ve been stuck here for years, no one even knows that I exist, I see people come here as tourists, apply for asylum, and then say that if they don’t get the status, they’ll return to their home country, which is something I can’t do. Asylum lost its meaning here in the US at least, no one cares about its meaning anymore.
I cannot agree more with you. I have been saying this for the whole time, there are a lot of people who can afford to get a us visa and travel by plane to the U.S., I honestly don’t understand why the U.S. grants asylum to these kind of people. They are not asylum seekers but economic ones. (many come in with ulterior purpose, some are risks to our national security)
The real asylum seekers should be the ones from latin america, crossing the border, and appear for CFI and then…apply for asylum. This is what seeking asylum should be.
Unfortunately, it does seem that there is a systemic country origin and economic bias in our immigration and asylum system. It appears to me that, people who can afford to get a us visa are more easily granted asylum than people crossing the border. People who travel by air get more approvals than people travel by land. The U.S. asylum system has become a tool for orientals to infiltrate into this country. People running away from gang violence and drug cartels should be protected more than people from countries which commit genocide, war crimes and other human rights abuses.
“Agree”, I understand your frustration. I disagree with you, though. My asylum application, like many of the people I know, was filed affirmatively. This means that I came here via airplane, submitted an I-589 application, waited over 3 years for an interview, and eventually granted asylum by an asylum officer. I can assure you that my asylum status was not fraudulently obtained. Based on your reasoning, or lack thereof, someone like me should not have been granted asylum because I have some kind of “ulterior motive” (or what you are trying to say is that people like me file frivolous and fraudulent asylum applications). I’d actually argue that many of the people seeking asylum at the border are not actually asylum seekers (obviously many of them are genuine asylum seekers and or they meet the definition of a refugee). Most of them are fleeing because of economic reasons and and social issues- like gang and domestic violence, for example- that don’t normally meet the definition of a refugee. Still, it is not my place to say that they shouldn’t be let in and not given the chance to claim asylum. What we should try to avoid is pitting affirmative asylum seekers against defensive asylum seekers- or asylum seekers who decide to ask for asylum at the Mexico-US border.
I guess I somehow agree with some of your points.
The government very unfairly favors people who file affirmative asylum application and get a visa, travel by plane. The portrayal of defensive asylum applicants and people from southern border are usually associated with “illegal” “crossing” “detention”, these words have negative connotation and are being very unfairly attributed to defensive asylum applicants.
I feel that there should be an affirmative action mechanism in our asylum system. The one who is more poor should be more easily granted asylum. They need a helping hand. The one who is rich and can afford legal fees and some even make 6 figures, well in my opinion, you have a lot of opportunities in other countries (there are 190+ countries to choose from, one by one, I am sure some will take u), so please leave the opportunity to people who really need U.S. asylum.
It’s an interesting point – that rich people can more easily go to other countries, but I am not sure it works in the real world – even rich people have limited immigration options, and many people who come to the US with visas are not really rich at all – they have limited means or at least not enough to easily gain status in a third country. My feeling is that we as a country need to decide who to accept – we could prioritize border arrivals (who on average are probably less well off than people who arrive with visas) over those who arrive here with a visa, but at this point, we are effectively doing the opposite, since border arrivals have a harder time than visa arrivals. Given the political realities, I think this is very unlikely to change any time soon. Take care, Jason
@agree
Hahahahaha you must be funny! Latin people have no dangerous circumstances like people from middle east or ukraine if you ask me i wish the US would never grant any asylum to anyone from Latin America ! People who cross the borders are coming here for economic purposes not fear like the people come by plane! I can be super rich in my country but still have fear due to my political opinions! Go educate yourself!!! Political asylum is the strongest asylum category ever worldwide even if you go to Europe the priority first are the political asylum applicants not the religious or humanitarian ones.political asylum seekers in Germany are the first ones get interviews before any other category of asylum seekers! As they say in the financial world cash is king they say the same in the asylum world hmm political asylum is king! Good luck
Are you discriminating against people from Latin America ?
I also wish more people from Europe and Oceania apply for asylum.
It really does seem that 2 particular eastern hemisphere continents are overrepresented in our asylum system, which is not a good thing…I think…I want some diversity in the asylum system.
My experience with Central American asylum seekers is that they often face (and have suffered) severe harm. The problem is that they do not easily meet the “nexus” requirement for asylum (they do not fear harm based on a protected ground). This makes it difficult for many of them to win their cases for asylum. But in many cases, the harm they fear is real. Take care, Jason
Sadly…
I do agree with some of your points but of course not what you said about affirmative asylum applicants.
But I do want to add that, I think today’s asylum system here in States is similiar to slavery. We are perfect modern slaves. We are adding to economy, started with odd jobs (mostly) which no local will do, paying taxes but unfortunately we are treated just like slaves. Some of us including me are waiting for seven years for the interview but I do not see light at the tunnel, my memory is in despair due to constant stress and hard work just like a slave – I have developed GAD and clinical depression like the slaves did. I can not travel out of states because my passport is expired even though I renew I will not be able to come back just like slaves could not travel without permission of their master. I will be burried in an unknown grave one day with no name and there will be no visiter just like a slave.
Oh when I think of my long-suffering race,
For weary centuries despised, oppressed,
Enslaved and lynched, denied a human place
In the great life line of the Christian West;
And in the Black Land disinherited,
Robbed in the ancient country of its birth,
My heart grows sick with hate, becomes as lead,
For this my race that has no home on earth.
Then from the dark depths of my soul I cry
To the avenging angel to consume
The white man’s world of wonders utterly:
Let it be swallowed up in earth’s vast womb,
Or upward roll as sacrificial smoke
To liberate my people from its yoke!
by_Claude McKay
Thank you for this. It is difficult to compare one type of harm to another, but I think comparisons can help us understand the harm asylum seekers are facing and how it feels to them. Certainly, the situation is very desperate and the suffering of asylum seekers is a terrible problem. Take care, Jason
Your people have brake down the system with their illegal Caravans and you are blaming people who came to US legally and sought asylum ? Lol funny Latinos
I don’t know how a person can “legally” apply for a nonimmigrant visa and after entry, apply for asylum. This seems like a blatant violation of terms and condition of your nonimmigrant visa, unless you enter using a dual intent visa like H1B or L1. But as far as I know almost all “legal” asylum seekers enter using a B or F visa.
They just happen to have more money to apply for visa and travel by air…and better at deception in my opinion…not in anyway morally superior to border crossing asylum seekers.
Hi, Unbearable Lightness. I am not Jason. He’ll respond soon.
Thank you so much for sharing your experience. It is truly heart-wrenching to hear stories like yours.
Why are asylum seekers jailed for seeking asylum?
Obtaining asylum in the US to me operates, unfortunately, in a similar way to Charles Darwin’s theory of natural selection: you have to have certain abilities- which could simply be “street smartness”, academic intelligence, Job’s level of patience, an inordinate amount of courage and determination, etc.- or financial resources to even get the opportunity to submit an application. Unless you are extremely lucky, you might not succeed or given the chance to apply for asylum if you don’t have the wherewithal or certain abilities or innate characteristics. You are right- a lot of asylum seekers are “privileged” to secure a US visa which affords them the chance to apply for asylum affirmatively. These asylum seekers, given the usual level of difficulty involved in convincing a consular officer to grant you a US visa, are usually better off financially or academically. Even though a little more privileged, or they are in a slightly better position, affirmative asylum seekers often become depressed and suicidal because their applications are thrown in a never-ending backlog and their pleas fall on deaf ears. They also have to contend with the interminable family separation and the disruption in employment and the possibility of becoming homeless. For the other asylum seekers, they have to take the trek to the US southern border. Most of these asylum seekers- the ones who decide to take the dangerous and arduous Mexico-US route- are usually non-English speakers, extremely destitute, abused, and not degreed. Still, most of them are usually turned away, told to wait indefinitely in another country, or illegally denied their right to seek asylum under US and international laws.
The truth is, the US does not want people to seek asylum here. And so they intentionally make the process inordinately difficult, confusing and stressful for the applicant. The hope is that you and others will be discouraged from asking for asylum and or you will apply for asylum status in other countries- or just go back to your country.
The legitimate- but false- appearance of an equitable and reasonable asylum system/process- one ostensibly supported by a judicial and appeals process- does not make it any better for asylum seekers, either. If anything, in some instances, it may handicap, or derail completely, the refugee’s chance of getting asylum in another country. For instance, because of the Canada-US “safe third country” agreement, and since the US is part of the Convention and still considers itself a beacon of humanitarian support, it is very difficult to convince other countries’ immigration/judicial officials to give you asylum when your asylum application was unfairly/illegally rejected by the US government.
I think it’s safe to say that most of the people who are eventually granted asylum in the US are strong, determined, hard-working, patient, and smart. For, in order to win asylum in the US, irrespective of how you come to here, you must have an “unbreakable spirit”- one that allows you to overcome the harshest of adversities.
I agree (as usual). The asylum system is pretty good in theory, but it is almost non-functional in practice. The courts and asylum offices are hiring more people, and whether this will help with the backlog, I do not know. I think until we make some basic decisions about the border, we will not start to see significant progress on improving the system. Take care, Jason
Thank you for this – it is very interesting and aligns with what I have observed as well. I did a post on December 20, 2013 that discusses some of these points. The bottom line: “rights” are what you can get away with. Take care, Jason
Dear Jason,
I’ve watched some Youtube videos referring to “Green Card in 6 months”. I’m not sure what does that mean. Is there any attempt by Congress or USCIS to establish something like that?
There are many ways to get a GC, and some take 6 months or less. USCIS is also trying to bring down the wait times for its cases. Whether Congress is doing anything about this, I do not know. Take care, Jason
Hello Sir
I did my asylum interview 5 months ago I did not get the decision yet. Also I did not get my work authorisation I supposed to get it before one month as it is inintial work authorization .I am amember of ASAP and I have job offer from hospital and laboratories according to this I applied for expedite for AED but they denied it. What can I do either to get my asylum interview decision fast or to get my work authorization.
Thanks
I did a post about expediting with USCIS on January 29, 2020 – maybe that would give you some ideas. Sometimes, if you have a letter from the (potential) employer, that can help with expediting. Also, normally, the first EAD is pretty fast and so hopefully you will get it soon, even if you cannot expedite. Take care, Jason
Hey Jason , I hope you’re doing good. I received a RFE from uscis requested my birth certificate, I have an original copy with me here , should I send them that copy or I have to send the first birth certificate delivered at my birth ? I am confuse
It depends what they asked for, but normally, they want a birth certificate that was issued when you were born. I would check their question and send them a copy of whatever you have. If you do not have what they ask for, they should provide some alternative evidence that you can submit, such as affidavits from people who know you – the RFE should explain this. Take care, Jason
Hey jason,
I was wondering how much is the backlog for the people who are still waiting for their first interview after filing for asylum, like from the people you know or heard of.I filed for the asylum on feb 2017 at San Francisco but still haven’t heard anything yet. This is getting really frustrating without any concrete news on what is going on.
There are over 335,000 pending cases (maybe 20,000 to 30,000 have already been interviewed). Also, they give priority to new cases over old cases. For these reasons (and others, which I wrote about on April 6, 2022), I would not expect an interview in the near future. Your best hope is to try to expedite the case. I wrote about that on March 23, 2022 and March 30, 2017. Take care, Jason
Hi! I filed in November 2015, also at the SF office. And still waiting for the interview.
So, as Jayson said, don’t expect it anytime soon 🙁
Hi Jason
I had applied for EAD when my asylum was pending. However, IJ approved my asylum recently. I have not received my EAD yet. Can uscis change my EAD from c8 to c5 now given my current Asylee status? Trying to save time as EAD processing take significant time these days.
Thanks
I think they will not do that; at least I have never seen that. Even so, the first EAD based on asylum granted (category a-5) is usually fast. You have to Google “post order instructions in immigration court” and follow those to get a new I-94 and EAD. This first a-5 EAD is free. I wrote more about this May 16, 2018 and we also have a guest post about benefits available to asylees from December 15, 2021. Take care, Jason
Hi Jason,
I am in a situation where I don’t have EAD yet but in desperate need to earn money.
Would working without authorization hurt my asylum case in the future ? Do you have clients who worked without authorization but eventually get their status ?
Best,
Sincerely
Working without authorization is not a bar to asylum (though it may be a bar to other types of immigration). However, it is a negative discretionary factor. I have never heard of unlawful work blocking someone from asylum, and I have had many clients work unlawfully with no effect on their asylum case. Take care, Jason
Hey Jason,
How are you?
I have a question. If for example asylum case is referred to court, and the person has TPS, will he be able to travel with advance parole and return to the US?
Thank you
I am very nervous about that and I think it is risky, but I have had clients do it on several occasions with no major problem. I do think a problem is possible, however, and I would not recommend it. If travel is very important, maybe the better approach is to try to get the case dismissed under PD (I intend to post something about PD this week) and then travel using Advance Parole (based on TPS). Take care, Jason
Jason,
My case is in MCH and my attorney said court is dismissing court cases and sending back to USCIS. Is it now rule or something strange that cases will not be heard in court and send back to USCIS dismissing those?
Some cases are being dismissed with prosecutorial discretion – I plan to post about that next week, so maybe check back. But that is happening sometimes. However, if you have an asylum case, you should be able to go forward. Take care, Jason
Yes I have asylum case and it is in MCH. My attorney is telling me to request PD. He said if I will go for MCH, over there my case will be dismissed because there is too much backlog for individual hearing. He said it will be sent back to USCIS for final decision and chances are they will deny again (because they denied once) and order final deportation. After that I am left with no option. Because USCIS will not send my case back to court if denied again. He said they changed their policy recently that no more individual hearing, court dismisses case back to USCIS. Is it something new?
They are dismissing more cases, but if you have an asylum case, my understanding is that they cannot dismiss that without your consent – so they may offer to close your case, but if you refuse, the case will go forward (we have gone forward with a number of asylum cases). So that is your choice. If the case is terminated, you can file again with the Asylum Office – eventually, you should get a new work permit, but if the case was denied previously, it will likely be denied again (unless there are new developments with your case or the law). Anyway, at a minimum, you want to be sure you understand what is happening before you agree to termination with the court. Take care, Jason
Jason, thanks for your help.
In this situation does it help if I move from TX to CA before MCH? And if my case is terminated in CA court also, which office of USCIS takes terminated cases? I heard it is vetting center @ Atlanta GA evaluates all terminated cases throughout the country.
I do know that it would make any difference if you are in CA or TX, as the decision depends on the DHS lawyer and the specific judge. If your case is dismissed and you re-file a new affirmative asylum case, you would generally file with the Atlanta Vetting Center – see the Special Instructions on the I-589 web page at http://www.uscis.gov. Take care, Jason
I had my individual hearing after three times postponed on this coming August, yesterday i checked my status again it switch to master and i called court the clerk told me they are dismissing the cases which means i am going to deport what should i do???????
ASYLE55,
May I know which court your case is in?
my case got transferred from L.A to SANTA ANA court
ASYLE55,
Thanks my case is in Texas and I was told by my attorney to request for PD. He said in my MCH chances are that my case get dismissed so he told me to go PD request route.
Thank you so much, but if you go for PD ypu will never get green card right?
After PD approval, May be we get only work permit , and perhaps we may not be eligible to get asylum or GC.
I plan to do a post about this later in the week, so maybe check back, but if you get PD, normally the case is terminated. If you have a work permit based on a pending application, that work permit would end and you could not renew. If you have some other path to a GC, you could try that. Also, you could potentially apply again for asylum with the Asylum Office. Take care, Jason
@ASYLEE55
Did USCIS refer your case to court, Did you apply for affirmative asylum??? entered the country legally I mean?
Yes USCIS referred me to the court and i am affirmative asylum and thats right when my case referred to the court how it come court returned it back to the uscis, you know i think they just playing with us and killing the times thats it.
I don’t understand. If your case is dismissed and back to USCIS, how can you be deported ? Only an immigration judge could order somebody deported, right ?
Please read this May 21 2022 some changes to the policies
https://www.federalregister.gov/documents/2022/03/29/2022-06148/procedures-for-credible-fear-screening-and-consideration-of-asylum-withholding-of-removal-and-cat
* May 31 2022 – Rule to be effective as mentioned in link
My understanding is on Master hearing judge decides to dismiss the cases or not if not will be given individual hearing date and i think they just want to get ride of backlog by doing this and its totally unfair.
If you have an asylum case, I believe they cannot dismiss the case unless you agree. So if you want to go forward with your case, you should be able to do so – we have done that for a number of people who were offered PD. Take care, Jason
@ASYLEE
When USCIS denied grant of asylum and moved case to court for MCH at this stage cases can be dismissed to USCIS back. There USCIS (once rejected case) will not grant. So to my understanding USCIS has powers to order deportation and we don’t have any option or right to go to court. I hope I am wrong.
Hmmm…I mean I could be wrong.
But shouldn’t this be only applicable to folks who are now trying to apply for CFI and/or asylum from the southern border ? Yours is an old case right ?
There are new rules for the border and new rules for PD. I think he is referring to PD. I plan to post about this issue later in the week if you want to check back. Take care, Jason
USCIS does not have the power to deport anyone – only the immigration court can do that. Take care, Jason
Dismissing the case does not mean that you are deported. It means that the US government has ended its efforts to try to deport you and you can stay. However, you will likely lose your work permit unless you can file for some other type of relief. If you have a lawyer, you should talk to the lawyer about what is happening; otherwise, you need to wait for the paper order from the court to know what is happening. Take care, Jason
Hi Jason
I applied for my Green card ( 1 year after asylum grant ) on April ,2019 and I am still waiting . After they received the application and waived the fee , there was no update for a time being . But on March they transferred my case to another field office and the office sent me request for evidence ( Medical Examination- which expired not fault but I paid and get it done and proof of college enrollment for a college I mentioned on the application ). I sent the evidence with priority mail immediately , withing two weeks to the address provided in the letter . But I made the fatal error of not keeping the tracking number . Now I don’t see any update when I put my receipt number on my case status . My question is , Does USCIS update the site when they receive evidence the same way they update when they receive an application ? I am just being paranoid ?
This is what I see on Case status ” March 14, 2022 Request for Initial Evidence Was Sent” .
Thank You
I am honestly not sure, as I do not check that site for updates very often. Maybe you want to call USCIS and see whether you can reach a person and ask (800-375-5283). If you sent the letter by USCIS, you may be able to talk to the post office to recover the tracking number. The wait time is (unfortunately) pretty normal, so that does not give us a clue about the case itself. Also, while it is common to receive a decision within a month or two after submitting the medical exam, in your case, you had to submit other evidence, and so USCIS seems to have additional concerns which could extend the time frame. I would try to call, even though that is a pain. I guess if you are really worried about it and cannot get an answer, you can get a new medical exam and re-send everything with an explanation, but that would be a last resort. Take care, Jason
I did submit the I-693 to USCIS. Within a few days, I saw the status as “Response To USCIS’ Request For Evidence Was Received”. It would help if you went to the local post office and they will process the tracking number for you if necessary.
Best
Hi All,
Travel parole is taking forever! I applied February 2021 and still haven’t received it from the Texas office, can you please share your experience/ timeline?
Thanks
Advance parole based on asylum pending? As I remember, this took maybe 8 or 10 months the last time we did it, so your time frame seems very slow. You can call USCIS (800-375-5283) or make an online inquiry (follow the link under Resources called USCIS Help). If that does not work, you can try the USCIS Ombudsman (there is also a link under Resources), as they sometimes help with delayed cases. I also did an article about expediting with USCIS on January 19, 2020 – maybe that would be useful. Take care, Jason
Can you imagine? 10 months or more for a piece of paper with a person’s bio information and passport style photo on it. I’ve seen the AP and this piece of paper can be made in literally hours. It is appalling and outrageous that someone has to wait nearly 2 years for a piece of paper!
I 100% agree – and this is especially true for “interim” documents like AP or an EAD. Take care, Jason
Hello Jason,
I have a pending asylum case since January 2017 and I want to go to Netherlands (I’m from Eritrea) to visit a family member. My questions:
1. How safe is to travel using travel document?
2. Do you recommend this kind of travel before the interview
3. Is there any possibility that the immigration officer denied me to reenter to US when I come back at the
airport?
Thanks in Advance
1 – I assume you are referring to an Advance Parole document (obtained using form I-131, available at wwwluscis.gov). This acts as a visa and so as long as it is valid, you can use it to return to the US. 2 – If you need to travel, then this is fine. However, the issues with using your passport, as discussed above, would apply. I doubt you will have any problems, but you should be prepared to explain why you used the passport if you are ever asked. 3 – I have never heard about that happening. Legally, it is not impossible, since anyone can be denied entry at the airport, but even if that happened, which I think is extremely unlikely, you could ask for asylum them and have your case processed in Immigration Court. I suppose in the very worst case, you could be detained during this process, but the chances of that are again extremely low and I have never heard about it happening to anyone. By the way, I wrote about travel using Advance Parole on September 11, 2017 if you are interested. Take care, Jason
Hello Jason,
I have my asylum case at immigration court. My daughter who is a US citizen and is 21 years old wants to complete the i130 and i495 form for me. My passport has expired and I cannot renew it. I would like to know if I can use this expired passport to fill in the i130 and i485 forms? thank you for your answer.
Sorry, i try to say i485 form. Thanks you
You can, though you should talk to a lawyer about how best to proceed (and make sure you are eligible). Normally, we only file the I-130 while the person is in court and file the I-485 later, though it can be done differently. I did a blog post on August 6, 2018 about this issue (it discusses marriage to a US citizen, but the legal principle is the same). Take care, Jason
Hi Jayson! I have a question. I came here 8 months ago with a F1 visa and my visa is still valid. I met a good friend of mine who owns a health care business, and she decides to sponsor me. She filled the I-140 already and would like to know how long it will take to process and if i will eventually get my green card through this process. And am i going to keep my F1 and still be able to travel out of the country while the I-140 is in process. Thank you
I do not do such cases and so you should talk to a lawyer who does employment based immigration. Take care, Jason
Thank you
Hello Family, I just finished my interview.
Applied Jan 2018
Interview Jun. 2022
Interviewed lasted for about 2hour and half, we spent almost 40 min looking for a translator with their system but they didn’t find one for my language and I had to do it English with my own interpreter (I went with one in advance ) but I never actually used them because the officer English was pretty good and not hard for me.
Feeling positive and she only asked me questions about my statement. Made few corrections on my application.
Praying for a positive decision, and hoping to be FORVER be safe and protected. « My interview she was an African American »
Hi asylum seeker
…which office,location ?
Houston Office
@Asylum seekers, best of luck.
Good luck with the decision, Jason
Just a day after I received an USCIS email that says
Application Type: I589, APPLICATION FOR ASYLUM
Your Case Status: Testing and Interview
Went on the website to check case status and it was updated to DECISION IS PENDING.
this was a fast update, Jason do AO makes decision right after the interview or they need to consult with supervisor, and does this means that the background is complete or not?
Unfortunately, this message appears after the interview and does not indicate whether the decision is made or the background check is complete, and so it does not indicate that a decision is coming soon (though a decision could come soon). In other words, this decision does not tell you when the decision is coming. Hopefully, it will be soon and it will be positive. Take care, Jason
Hello Jason,
Thanks so much for all you do. May you be blessed!
I applied for political Asylum 3 years ago and still waiting for an interview. I currently have an EAD.
My country was designated for TPS.
Here with a few questions please.
1. Do you think I should apply for TPS?
2. What if TPS is stopped and I have not gone for interview?
3. If I am denied Asylum and have TPS will I still be referred to court?
Thanks so much again Attorney Jason
1 – It’s up to you. The main benefit is that it is easier to get permission to travel. Also, if you have TPS and you lose the asylum case, you may not be referred to court (if you win asylum, your TPS ends and you simply have asylum). 2 – Then you will continue waiting as you are now and you can get an EAD based on the pending asylum. 3 – Probably not, though the asylum office is not always consistent about this. Some people prefer to go to court and others prefer not to, so depending on what you want, you may or may not want to apply for TPS. Take care, Jason
Jason,
My families follow to join visa process is stuck in consular office. The case status says, ready for interview when scheduled. I tried to make an interview appointment but couldn’t get access to the system. Should I wait until the consular office send me the scheduled date or I can make by myself if so how?
Thanks
Normally, you have to wait for them to contact you, but you can also email the immigration section of the embassy – you can find their email if you Google the embassy and check its website. Also, there is a link under Resources called I-730 Family Reunification Manual. That has some ideas for solving problems like this, so maybe you can take a look at that. Take care, Jason
Thanks for your great article ! Can we have multiple RTD applications pending ? For example , apply a new one while previous application is still pending after 6 months. Because it takes a year to process each one!
I am not sure about that, especially since you need to submit the original RTD when you apply to renew (unless the RTD has already expired). Also, since the wait time for an RTD is still less than one year, there is really no reason to try this. Take care, Jason
Hello Jason,
I have pending asylum case without interview. My wife who is us citizen is going to fill the form i130 for me. There is a question in this form which is the beneficiary passport number and expiration date. My password is expired and i can not renew it since I applied for asylum. Do I need unexpired passport for i130 and i 485 or just fill the box with expired passport date?
Thanks
Just use the expired passport info. You do not need a valid passport to get a GC based on a marriage petition. Take care, Jason
Hi Jason
How long uscis takes to process I-94 after grant of asylum?thanks
I’m not Jason.
You need first to call UCSIC to make appointment for I94,and the date when you have appointment,
you can get I94
For an Asylum Office case, you get the I-94 when asylum is granted. For court, you have to make an appointment with USCIS to get the I-94 (Google: “post order instructions for immigration court”). It is often difficult to get the appointment, but usually, it can be done in a month or so. Take care, Jason
Hi Jeason;
Thank for your tireless support for all of asylum community.
I would be much appreciated if you estimate the average charges fee of authorized USCIS civil surgeon doctor whose supposed to conduct the medical examinations, vaccination shots and completing form I-693.
Like everything, it is very variable and also depends on whether you need vaccinations. The lowest I have seen is probably $200 to $250, average (in my area) is maybe $300 to $400, but we also see fees in the range of $500 or $600 or much more. I recommend you call around to a few different doctors to get an idea of the fee, keeping in mind that if you need vaccinations, it will be more. Also, once I had a client whose health insurance paid for the exam, and so if you have insurance, maybe you want to look into that possibility, though it seems rare. Take care, Jason
Hi Jason
(not sure if my initial inquiry had posted-couldn’t fond it)
I am an asylee, pending and recently married a US citizen. We have initiated the process of adjusting my status via marriage. BUT my husband lost his Neutralization Certificate, he doesn’t have even a copy. My lawyer mentioned that it is a requirement. We checked online and noticed it takes 5-8 months for it to be renewed upon application, or even more months i guess. What do you recommend that we do please?
Thank you
Hi Jason
I am an asylee (pending) and I got married to a US citizen a few months ago and have already initiated the process of filing so that i get status via marriage. For some reason my husband is saying he lost/ cant find his Neutralization Certificate. My lawyer said its needed and is a must to be provided. I checked online and realized that it takes 5-8 months to be sent to him if he applies for replacement.
What would you suggest for us please? Are there any other alternatives please?
Thanks
I am not 100% sure whether it is needed, but as I remember, the certificate number is needed for the I-130 form (and maybe some other forms). For purposes of proving he is a US citizen, he could use his US passport. In terms of replacing the certificate, maybe he can file a FOIA (Freedom of Information Act) to get a copy of it, which is probably enough if he also has a US passport – there is a link under Resources called FOIA USCIS that might help. That might take less than 5-8 months and you can try to expedite. Also, if you need to file the I-130 more quickly, maybe you can file the I-130 without the certificate, and hopefully received the certificate from USCIS before it is needed for the I-130. I am not sure whether that is a good idea (if USCIS requests the certificate and he has not yet received it, they would probably deny the case), but maybe you can ask the lawyer what the lawyer thinks of this idea. Take care, Jason
Hi Jason
I have been granted Green card recently through asylum , i am Syrian, and my asylum case was against the criminal Syrian regime
And i plan to travel to third country Turkey to visit my mom and my girl friend
Can i use my new Syrian passport i just got it from Syria by someone who was in Syrian
And green card and come back to the US
I can’t wait 8 months to get my reenty permit
Please advise
Thanks a lot
Probably this is ok, but I cannot say that 100% for certain. If using the passport causes the US government to conclude that your original asylum case was fake, it would create problems for you. If you are prepared to explain why the Syrian government gave you a passport and why you used the passport, that may help. Also, you may want to apply for the RTD and request that USCIS expedite. While it probably will not work, if it did, that would solve the problem (assuming Turkey accepts the RTD instead of your passport). Take care, Jason
It has become my concern that a lot of people from countries that are not very good are having their asylum bid approved. I know that the rhetoric prevalent today is that oh…these asylum seekers are so deserving of help. I get it. But, should we also consider national security ? I personally feel that, it’s a very great risk to grant asylum to a foreign adversary countryman. Because you don’t know whether this individual is being sent by their home country’s government to infiltrate, to conduct espionage. In addition, this individual might be targeted by their home country’s government diplomatic mission in the U.S. or they may be radicalized. and then carrying out some suicide bomb incident in Boston. Recently there is also a person who ostensibly advocates for democracy but secretly reports dissident information to a foreign communist government. I’d rather take in an asylum seeker from Mexico, rather than one from say Soviet Union, China or North Korea. It just seems…less risky ?
Question is, why I don’t see asylum seekers from Western bloc getting approved more ? I frequently see there is an asylum seeker being granted asylum from…Russia, China, UAE, SA, or sometimes Belarus …but rarely do I see one from United Kingdom or France, Germany, Canada, Australia. Like…shouldn’t more asylum quotas reserved for allies and people who look like the majority race in the U.S.? https://en.wikipedia.org/wiki/Western_Bloc I just feel more comfortable with these people. At least, they are all NATO countries, who share the value of democracy and freedom.
@ESPIONAGE what else?
Espionage, Unfortunately you can’t live with people who like you unless you move to the planet Mars with your close relatives and survive there! We won’t come there and bother you😂
Yes Jasson last year I visited turkey and applied for Turkey visa with RTD. With passport you can get visa quickly but for RTD they got approval from Ministry of foreign affairs which take about one month to get visa. In online application thair is option about your travel documents and you can select Refugee Travel Documents.
Hi Jason,
After a long wait, my family’s asylum-based GC was approved recently. I am the principal applicant while my husband and two kids are derivatives. I want my son and daughter (and possibly my husband) to visit our families back home (the kids were five- and two-years old when we come to the US). Would their visit create a problem to our LPR status here in the US?
Thank you!
AK
As discussed in the above article, if the return trip causes the US government to conclude that your original asylum case was fake, it could affect your status. If the principal applicant does not return home, this would rarely be an issue, but if you (the principal) go back, it could, so you should consider whether the US government will conclude that the asylum case was fake based on the return travel. You should also be prepared to explain why you went back and how you stayed safe. I wrote more about returning to the home country on January 6, 2016 – maybe that would be of interest. Take care, Jason
Hi Jason,
Thank you so much for the critical and valuable message you often share on your platform. I learn a lot coming to your website every time. I have a question about the use of my home country’s passport. I applied for asylum for about six years ago and have yet to receive an invitation for an interview. However, I am now married and have been asked to come for an interview for my marriage green card. Once my marriage green card is issued, I plan to withdraw my asylum application since it has taken a long time, and my situation has changed significantly. I plan also to renew my home countries passport because I need to return home for a very important funeral. Should I be worried that the government would query me about going back to my home country and or even using the passport? Or do you think I’ll be fine since I would have withdrawn my asylum application and now using a marriage green card?
Would really appreciate any thoughts or feedback you might have about this. Thank you.
The question is whether using the passport or going to your country will cause the US government to conclude that your original asylum claim was fraudulent. Regardless of how you get the GC, this is a concern, and so you should be prepared to explain if asked (you have provided a general explanation about, but you should be prepared to explain how your situation has changed). If there is a good explanation, the likelihood of a problem is probably very low, but just because you received your GC based on marriage does not completely protect you from a charge of fraud, so make sure you think about this and are ready to explain if asked. Take care, Jason
Hello Jason
If case was terminated in court. Does this cancel the EAD automatically? Or can I still renew it?
Assuming the EAD was based on asylum pending, according to new rules, the EAD is valid for 60 days after the case is terminated (though you will still have the card, it is technically invalid) and you cannot renew after that. I wrote about these rules on May 11, 2022. Take care, Jason
Thank you,Jason
So if I applied for new work permit under different category, can I request an expedite? Or do I quit my job and wait for the new one? Thanks
If you applied under a different category, you are not eligible for the automatic extension and so you cannot legally work once the old card expires. You can try to expedite the new card – I wrote about expediting with USCIS on January 29, 2020 – maybe that would help. Take care, Jason
Hey JASON, I received this update on my case requesting a RFE , my case is asylum based and I am a dependent but my wife is living in another state . What could be requested by uscis or will that be an issue for our green card to be issued ? Thank you
Is the RFE for the GC process? If so, the most common RFE is for the medical exam, but I suppose they might want evidence of your marriage – you will have to wait for the paper letter to know for sure. Take care, Jason
Yes , the rfe is for green card process. Ok I’ll wait , thank you for your response.
I am still waiting to get my RTD (something that use to take just a few months). Question, when I visit my COP and use the valid COP passport on entry, but use the RTD with Green Card when re-entering the US, what do I explain to the border agent if they asked me why isn’t the RTD stamped with the country you visit? Or do they not check for those things? Also, do I present RTD + GC upon return?
I doubt they will check, but there is no way to predict that. I think you should be prepared with an explanation for the travel. Also, I think you should not lie to them, as they may know anyway or they can likely find out. I would present the RTD and the GC upon arrival – maybe that way, they will not ask for your passport (which avoids the problem of them seeing a stamp from your country). Take care, Jason
@enronn
When did you apply for the RTD? I applied in August 2021 and still waiting that’s really frustrating me
Back December 2021 with notice it was received in January. I see its now taking 13 months to process. If I don’t have it by summer next year I will be using my COP passport.
January 2021 wow you still have long journey my friend! They received mine in August but hopefully i get it soon as i know people who applied in July one month before got their RTDS in the last 2 weeks! Wish you all the best
can you share with us your experience with CBP upon returning ?
Will you be able to renew EAD if you’re rejected asylum at the office and sent to court ?
Yes – you can renew normally for as long as the case is with the court or with the Board of Immigration Appeals. Take care, Jason
Hi Jason. My a Friends, Asylum case not accepted by uscis and sent to immigration Court. He has date in August next 2023. Can he: 1. Do marriage and get Green Card by Marriage? Or 2. Can he get Labour Certification by any sponsoring Business owner? Please guide. Thank you.
I have written about these issues on August 6 and 28, 2018 and September 6, 2018. If he entered the US legally, he is likely eligible for a GC based on marriage. A GC based on employment is usually much more difficult. In either case, he needs to talk to a lawyer about the specifics of his case to se what will work. Take care, Jason
Hello Jason, I live in Texas where almost everyone carries a gun. It’s been insane to see the recent shooting at school, extremely sad and heart broken, but as we are learning about police response where they didn’t enter the building for more than an hour is outrageous and unfortunate. On top of that, I witnessed a deadly shooting at a gas station just yesterday.
As I have a child and wife now, it’s my responsibility to protect them if something happens like this. I am thinking to get training and own a firearm. I know you don’t recommend owning a firearm with pending asylum but what are the exact consequences of owning a legal firearm if my application is pending. (it’s pending past 7 year and 4 months).
With my partner’s permission, I can get on her name as well, she is a US Citizen, I know in case of self defense or home invasion it doesn’t matter whose gun you shoot or even if there are, I will like to live and face the consequences instead. You think it’s better to get training and buy firearm under my name? Or I will get the training and get the firearm under spouse’s name?
GHUGHO,
I live in Texas too and I have been in the same fear. And very disappointed to say that you don’t need license or training to buy a gun here in Texas. I don’t have one and I don’t believe in keeping one. If my time will come to go up there, it will happen anyhow. And I believe it is a curse to live life like this.
In some cases, owning a firearm cab have an effect on immigration status. Also, I do not know about state law and who is legally eligible to own a gun. I would check these things before you buy a gun, and that might mean talking to attorney to research the effects. You might also look into the research about gun ownership and whether it actually protects people. My sense is that it is more likely to result in an accidental (or purposeful) shooting of a loved on, than of actually protecting yourself. Also, I should mention, if you are married to a US citizen, can you file for a GC based on the marriage? If so, that may save a lot of time waiting for an asylum case. Take care, Jason
Thank you Jason, I respect your opinion although I have different point of view, I will research about it.
@Ron I am impressed from your faith but I will chose a different path if situation demands, and I hope it will never happen to anyone, no one deserves to live in fear specifically kids who can’t defend themselves.
My exact thoughts, Jason.
If the purpose of the gun is to protect family, one must be willing and able to be everywhere they are at any point in time, otherwise, it will make little sense, plus the risk of keeping a gun in the house.
My heart is broken for the little kids in Texas, and their families.
Why do people just easily go and buy guns? How many people have been able to prevent these mass shootings, or any shooting for that matter with their personal guns? Instead, personal guns are used on innocent and vulnerable members of the families of possible gun owners and the society.
With the level of religious brainwashing and conspiracy theories flying all over the place, gun ownership should be significantly controlled, but hey, I am an alien and just exercising my freedom of speech, if I am even privileged to do so. Anyone seen the ABC 2020 documentary titled ” the cult next door” ? How people were brainwashed into killing themselves- mass suicide. No gun was ever used. If only we can just apply the simple rule- love God and your neighbor as yourself, guns would be largely not needed, and no one would be struggling with being accepted just as he/she is, or resort to bitterness, hate, anger, manic and bipolar depression, etc.
The world is just so sickening that I no longer turn on the news.
From religious leaders sexually abusing kids to all kinds of BS.
I live in fear as human, but I guess I am not keeping a gun, and will never keep one because if anyone succeeds in shooting me, my time has come. It could happen any other way.
Given how many suicides are caused by guns, I fear that a gun in the home is more likely to result in harm to a loved one than to protect yourself. I have not looked lately, but I think available data backs this up (or at least a significant percentage of gun deaths are suicides). In any event, I do not think there is a realistic chance for meaningful gun reform, though certain provisions (better background checks, mandatory gun safety training, waiting periods, raise the age to 21) would likely help to some extent and are supported by most Americans. Take care, Jason
Jason, thank you for writing this! It is very informative and detailed.
If I may, this is my take on this issue:
As for LPRs (asylees who have adjusted their status to LPR), in Matter of N-A-I, it was concluded that the best reading of sections 208(c) and 209(b) of the Act is that an “alien granted asylum” under section 208(b) who has his or her status adjusted to that of “an alien lawfully admitted for permanent residence”, pursuant to section 209(b), does not retain the status of an alien granted asylum and therefore the restrictions on removal set forth in section 208(c)(1)(A) no longer apply. A few of the restrictions explained in Section 208(c)1 are- when and how the asylee can be removed from the US, the asylee voluntarily availing himself or herself of the protection of the alien’s country of nationality or, in the case of an alien having no nationality, the alien’s country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or the asylee acquiring a new nationality and enjoys the protection of the country of his or her new nationality (the Fourth Circuit in Mahmood v. Sessions reached the same conclusion).
In fact (quoting from Matter of N-A-I): the Fourth Circuit concluded that the most reasonable reading of section 209(b) of the Act is that once an asylee has adjusted his or her status to that of an alien lawfully admitted for permanent residence, the alien is ‘fully considered a lawful permanent resident and not an asylee” and can therefore “be removed without a requirement that the Attorney General conduct an asylum termination proceeding under [section 208(c)(2)].’”
Further, the BIA noted that: “As the Fourth Circuit noted, an asylee who adjusts status under section 209(b) obtains significant benefits, including ‘a direct path to naturalized citizenship,’ a better chance for his or her family to obtain lawful permanent residence, and ‘the right to travel outside of the United States without the advance permission of a refugee travel document.’ Id. at 192. An asylee who adjusts to lawful permanent resident status also cannot have that status terminated on the grounds that he no longer has a well-founded fear of persecution…”
To me, the BIA and the Circuit Court attempted to make clear distinctions between asylee status and LPR status. It was also, clearly, the objective of the BIA and the Circuit Court to make all LPRs equal – that includes, as well, giving the US government more leeway/freedom to deport asylees, irrespective of whether there is a lingering fear on the former asylee’s part/the possibility of being persecuted, who’ve adjusted their status to that of LPR (this is so because adjusted asylees, based on the appellate courts’ reasoning, voluntarily surrender the protections, including the “non-refoulment of asylees”, that come with the asylee status). However, surrounding that protection in the form of adjusting from asylee status to LPR status not only changes your status (or fully terminates the asylum status and its “vestiges”) but it comes with some advantages: the adjustment of status accords you the full permanent resident status (not conditional LPR status), the ability to travel freely- free to some extent- and without the need to require permission from the Attorney General before you travel (usually in the form of an RTD), the ability to apply for citizenship status, the removal of the requirement to continue being a refugee or continue to have a well-founded fear of persecution, and the ability to bring immediate family members to the US (an LPR can petition for immediate relatives to join him/her, even if the relationship was established after the adjustment of status. For asylees, on the other hand, it must be BEFORE the asylum status was granted).
Using the courts’ ruling, therefore, we can reasonably infer that former asylees who’ve adjusted their status can travel with their country’s passport/without the need to secure an RTD before they leave the US. The problem lies, though, in whether the former asylee is afraid of his government/the government still wants to persecute him. I can see where it would be reasonable, even without meeting the preponderance of the evidence threshold (yes, the government has to, or should, meet this burden), for the government to accuse the former asylee of fraudulently obtaining asylum if the asylee purports to fear his government but obtains passport from said government. Still, I think that if you can explain how you were able to get the passport from the government that is trying to persecute you, you should be fine. You can fear your government and still manage to get a passport/birth certificate/police record from the government.
Asylees, on the other hand, can be accused of voluntarily availing him/herself of the protection of his/her government. This, according to section 208(c)(1), is a ground for asylum termination. Even so, I doubt the government would terminate an asylee’s status because s/he renews/uses his/her passport. The USCIS policy manual, though not law, makes clear that the officer should carefully consider the reason(s) the asylee was granted asylum in the first place. For asylees who no longer have a well-founded fear of persecution, or things have improved substantially in their country, they should seriously consider using the RTD.
As a side note, interestingly, I don’t see anything in the law that mentions renewing or using your COP’s passport (if anyone knows of any law about this, kindly let me know). This information can be found in USCIS’ online repository, however. I suppose the law wants you to infer.
In conclusion, asylees should always use the RTD. If you do plan to use your passport, you must have an extenuating reason for using the passport. You should also be prepared to explain why you used/renewed the passport. For former asylees (those who’ve adjusted their status to LPR), you should consider who you fear/who is still trying to persecute you. Furthermore, both asylee-LPRS and asylees should understand that when you travel on your country’s passport, you travel as a citizen of that country. Therefore, if you present your passport to another country’s immigration officials, and that country decides to deport you for whatever reason, the chances are that you’ll be deported to your COP.
Thank you. I would add one point – if an asylee adjust status and gets a GC, but then later lands in removal proceedings, he can apply for asylum. This happens when a person commits a crime or is charged with abandoning his GC by remaining outside the US for too long (but has returned and was put in proceedings upon arrival). Often the person is not eligible for asylum (if he committed a crime), so he can still pursue other relief, such as CAT. I do think the main issue for GC-holders is being accused of fraud, and my sense is that this is very rare. Take care, Jason
Jason, thanks! I agree about the LPR being accused of fraud too.
Correction: “… surrendering that protection in…”
hi.
I applied for. u visa from been a victim of a crime that I was almost killed by a female and 2 men. they are all in Jail right now.
I am an asylum applicant also.
now 2 wks ago a female I worked with came late and when I ask to sign in so we can change shift, she got upset and begin to abused me in Everyway. I am a male from another country and worry about what will happen but this abused lasted for over 10 mins. I tried asking the lady to stop or know she was abusing me, she refused and said nothing can be done to her. I called the sup who ask me to complain to the HR. Hr just sat me down told me sorry and hope it will not happen again the next day the lady was at work with nothing I was told happen to her.
a day ago the same lady came late again in and started to try to push me around and force me to do what she wanted. I try telling her that she was harassing me and she still refused to stop. She kept following me around and talking to me even as I told her to stop following me.
its very frustrating to see someone trying to make confusion with you.
I really don’t know what to do now. I am planning or leaving the job for another job soon, put in my resignation to go on call but worry what next will happen why waiting to leave.
I am a black man from Africa and this a white woman doing this to me all the time. I am really afraid that nothing they HR or the company can do to her to even change her work location. so I am leaving. just wondering if its the right thing to do or do I make other contact about this behavior? what do I do?
i mean the lady is so very rude that she says she don’t care and no one can do anything to her.
i understand that the U Visa will have nothing to do with this but this is very frustrating.
what can I do?
It is not something I know much about, but I suppose you can write down everything that happens and send it to HR and your supervisor. You might also talk to a lawyer who does employment law. Take care, Jason
Are you trying to play the black card ?
@”Black Card”, honestly, you sound disappointed that the victim in this case was Black and the perpetrator wasn’t Black. Yes, Black people, especially when they are vulnerable (lgbtq+ and immigrants, for example) can be abused by other “racial” group- even by members of their own racial group.
I mean, it’s just a simple yes/no question.
Is he trying to play the black card, yes or no ?
Hello Mr Jason
I’m granted asylee and I’m from Afghanistan , my case I730 refugee asylee relative petition for my wife and my kids was approved by uscis and sent to NVC I made an inquiry with NVC they said your case received after we enter it the system we will send you a welcome letter then I didn’t get a welcome letter and I called the NVC the representative told me welcome letter already sent to you I told her no I never received it then she give a new case number with invoice ID and she told me we resent you a welcome letter but again I never received it then I made another inquiry then they replied your case sent to embassy and please contact with embassy for farther process so I Called with embassy they said we can’t give you information about your case and ask me to check online with embassy website but when I check my case stats at NVC site it says immigration case is ready for interview so because US embassy not exists any more in Afghanistan I have already send my family to Pakistan and now my case is in US embassy Islamabad so please let me know who will schedule interview embassy or NVC or I should do it online please assist ?
Thanks
The I-730 process is slower and more difficult than it should be, but if the case is in Pakistan, you should be getting close to the end (hopefully). You can Google the US embassy in Pakistan and find contact info for the immigrant visa section and email them. They respond more often than not, so it may take a few tries. Hopefully, they can schedule the interview. Note that your family members will have to be vaccinated for Covid, and since this requires 2 shots over a few weeks, you can start that process now – I have a case there and it was delayed for a couple weeks because they needed the second Covid shot. Good luck, Jason
Dear Jason
My family already vaccinated while they have been in Afghanistan J&J which is only one shot so do you want them to do it again in Pakistan and also please let me know should we do medical exam prior the interview or we have to wait till they schedule the interview ?
Thanks
I am not sure whether a booster is required – I think not, but I do not know. Even if it is, that is only one shot and they can get it when they do the medical exam. I would not do the exam yet, as it could expire, and so they can wait for the embassy to contact them and then do the exam (and get another Covid shot if needed). Take care, Jason
Hi Jason,
Thank you for helping immigrants and answering all questions. I really appreciate your support.
My question is could Congresmoman be able to help me regarding my case. USCIS refer my case in 2019 to court and reason was unlawful reason. I red on congressman site rhat they can send inquiry to USCIS if the reason was error or unlawful.
Thank you again.
Asylee
I think it is very unlikely that they could help in this situation. However, I guess you can bring the issue to their attention and see what they say. This is also an issue you could raise with DHS (the prosecutor). It is also possible to get the asylum office to take the case back if there is an error. However, I think that must be done within 30 days of the decision. Take care, Jason
Thank you for your reply. I really appreciate your help
Hi Jason,
I saw this announcement: https://www.dhs.gov/news/2022/03/24/dhs-and-doj-issue-rule-efficiently-and-fairly-process-asylum-claims
Do you have any idea how it works?
I think this is mainly for people at the border and it means their case will be decided by an asylum officer instead of an immigration judge. I wrote about this issue on April 6, 2022 if you are interested. Take care, Jason
Hello Jason,
I hope you remember me from previous comments. I applied for asylum back in May 2014. After almost 8 long years, I had my interview in the new Tampa Office last month. Since then, the case status was showing “Decision is pending”…. Today, few minutes ago, I did receive a case update, the new update is:
Fees Were Waived
On May 9, 2022, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number [redacted]. 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 have checked my wife and daughter case numbers and now all shown the same “FEES WERE WAIVED” (previously, their case numbers showed an error “Invalid Receipt Number”.
I have read a lot of blogs and everyone say that it means that “Fees were waived” means the approval of the case and they have applied for A5 EAD in behalf of us. I wish this is the end of that chapter and the beginning of a new chapter on our life. I am so confident that this is an approval as everyone says but I rather to wait to receive the decision notice on my mail to say “YEEEEEEEEES, WE DID IT”
I do really appreciate you, Jason, for such valuable blog. I have been reading pretty much all your post and everyone’s comments since 2016 and it has been soooooooo helpful.
Here my timeline:
05/26/2022 – You completed your interview with USCIS. (Fees Were Waived Update)
04/25/2022 – Your interview has been scheduled. You will receive an interview notice.
04/01/2022 – The next step in your application is an in-person interview. Once your interview is scheduled, you will receive an interview notice.
11/15/2019 – Your application with USCIS is still pending.
06/13/2019 – The next step in your application is an in-person interview. Once your interview is scheduled, you will receive an interview notice in the mail.
05/23/2014 – i-589 Application Received.
Thanks and I will update everyone when I received the case decision notice on my mail.
-JJ
Congratulations! I am happy for you👏👏.
However, I hope this is not your asylum case number that you posted.
Hopefully, Jason would see this post soon enough and remove the number if it is.
Thank you – I did not even notice it, but it is now redacted. Take care, Jason
Jason
So what now? Biden administration is giving approval for everyone now ! Is that even fair? U wanna tell me there is no weak cases? No way!!!! Is the next president will review that thousands of approvals again? I literally see everyone get approvals now in their asylum even if the asylum case is depending on a small argument with his/her neighbor in their home country! Unbelievable how everyone now gets approval! Biden administration rigged the US asylum system!!
I am not seeing this. We had two denials recently (for nexus in one case and for failing to show a likelihood of persecution in the other). The nexus case I can understand, but the other case should have been a grant. We also see DHS resisting in court. We will know more once we get some date (hopefully soon, as the lack of data has been a problem at the asylum office since 2019), but in my experience, cases are not being granted more easily. Also, the scheduling of cases is an utter disaster and that is worse now than under the prior Administration. Take care, Jason
“Asylum Granted”, you sound bitter and jealous. And you keep changing your name for every comment! We know it’s you! Please post USCIS’ asylum recent grant rates as clearly you know more than all of us.
I agree with you. It also feels like a lot of people from evil or semi-evil axis countries are getting approved. This is not a good message to send. Any country who has committed genocide or war crimes should not have their people granted asylum in the U.S.
You do realize that asylum was created to protect people who face genocide? Take care, Jason
Or other human rights abuses.
Some people will scream, oh no it’s unfair !!!
The government determine visa waiver program (VWP) countries by looking at the country data. And the beneficiary is the country’s people. Same logic should be applied to a ban to countries who have committed genocide, war crime and human rights abuses and yes, as a country’s people, they should bear the consequences.
Thank Tina, I was extremely excited while typing my comment and I did not notice that the receipt number was there.
Thank you Jason for removing it. Yes, I know you are very superstitious. I am also very superstitious and that is why I said that I wont say “YES WE DID IT” until we received the approval letter on the mail.
-JJ
If you have read this blog, you know I am very superstitious. This is hopefully a positive sign, but I think it is best to wait for the decision to be sure (and certainly, I do not want to jinx you!). Good luck and please let us know, Jason
Hi Jason
Thanks for the topic, after getting your GC based on asylum, what about using reentry permit as a passport since this one is valid for two years instead of the Rtd
The Re-Entry Permit is not designed for that purpose, but you can use it to re-enter the US. Whether any country will accept that instead of a passport, I do not know. Maybe you can try to check with their embassy. Take care, Jason
Zac, Jason is right. And to show that Jason is right, I know someone whose citizenship was denied because he used the re-entry permit for reasons other than what he claimed he needed for. He basically used it like it was a passport to re-enter the US/for short trips. USCIS accused him of misrepresentation. They can be very cruel at USCIS sometimes. They are also very inconsistent.
@Jamie: WHOA, for real? citizenship denied for this reason?? :O
Hi Jamie,
Can I talk to you more about this? I was hoping to apply for a re-entry permit instead of a RTD because it expires in 2 years instead of one Was the individual who was denied citizenship an asylee previously?
This is shocking!
Hi Jason,
I have an asylum-based I-485 application pending and just received RTD. My mother is in the final stage of cancer and I want to go back to my COP for two weeks to say goodbye to her. If I do that and return to the US, could the TSA agents deport me or not allow me to enter the US ? How would that affect my I-485 pending application or my status in general?
Thanks
I do think there is some risk if you return to the country. Of course, the level of risk depends on the specifics of your case (do you fear the government or non-state actors?). However, I certainly understand why you want to take the risk. You cannot really be deported or refused re-entry into the US when you return. The worst case is that you would be detained, and you would have to pursue a case in Immigration Court to stay here. I think the likelihood of that is very low. Probably the more realistic worst-case scenario is that they start the process of terminating your asylum (either when you return, during the course of the I-485 process or when you try to naturalize) and you need to explain about your trip. Even this is probably unlikely, but if you are prepared to explain the trip and how you stayed safe, that would reduce the chances of this process ever getting started in the first place. Take care, Jason
My tears are on my cheek !
Huge congratulations!
I hope to hear more good news from everyone in this ferum
Hi Jason,
I have almost similar issues to Bob with an ailing parent. I have a green card based on Asylum but my family here in the USA are waiting for an adjustment of status. My fear is that if USCIS decides to stary termination of an Asylum hearing my family status will be affected. Is this the possible risk or am I assuming beyond existing scenarios of travelling back to COP?
Thanks,
I am not sure I understand the question. If you are planning on traveling back to the COP, I wrote an article about that on January 6, 2016 – maybe that would help. Take care, Jason
Hi Jason, thank you soooooo much for this!!! I have agonized over this issue for a long time. I was an asylee, recently got my green card based on asylum. My asylum claim was based on my sexual orientation. I am gay and from a very homophobic West African country,with laws on the books criminalizing homosexuality. So it was unsafe for me to live there as a gay man. Does this meet the standard for “harm by state actors.”? There have been several instances of the police and other security agencies arresting and harassing persons suspected to be gay. But majority of the harm to gay people in my country comes from ordinary civilians and other community members who are emboldened by the law to commit acts of violence and discrimination against members of the LGBT community. So, do you think my case meets the standard for persecution by the state? Especially since the government does not actively hunt down gay people in the same way it might hunt down political opponents; it just has laws that criminalize homosexuality and create a climate of fear and intolerance for gay people.
Due to the issues you highlighted with the RTD, I am strongly considering renewing my passport at my county’s embassy here in the US. I do not intend to travel back to my country, but I wish to travel to third countries. I am a bit nervous about any negative impact to my immigration status. What do you think?
Finally, to all those who are hoping and waiting, here is my timeline to give you hope and encouragement.
Asylum application – April 2018
Asylum interview – June 2018, Newark, NJ (LIFO was a blessing!)
Asylum approval – July 2018, Newark, NJ (one of the BEST days of my entire life!!)
Green Card application – August 2019, Newark, NJ
Biometrics appointment – Feb 2020, Grand Rapids, MI
—————————
Then, COVID … and endless silence. I began to lose hope!!
———————————————–
Then!!!
USCIS notification of transfer of my case to Providence, RI office – January 2022
Request for evidence (I-693) – Providence, RI office, February 2022
———————————
I completed all medical formalities in March 2022.
————————————-
Notification of green card approval – April 2022
AND …. ONE WEEK LATER, my 10-year validity GREEN CARD was sitting in my mailbox. The entire green card application process took 2years 7 months!
I feel so blessed and lucky to be a permanent resident, on my way to citizenship, of this great country. I know we have a lot of issues and problems, but, this is still a great country for me – as a gay man who faced danger, and restricted opportunities in my native country.
I am eager to travel to third countries, but I am frustrated by the hassles around dealing with the RTD, and, I am also a bit nervous about renewing and using my country’s passport – I know a few people in a similar situation who have used their passport with no issue, but still …..
Jason, what do you think?
Once again, thank you so so so so much for your life-changing work! May you be blessed forever and for all eternity!!!
I think you will be ok to use the passport to travel to third countries. Even though the government persecutes LGBT people, unless they know you are gay and are actively pursuing you, I think you can easily explain the use of the passport and that your main fear is (1) from non-state actors and (2) that your sexual orientation will be exposed to the government. But if your orientation has not been exposed, and you are not going to the country, it seems that there is no threat to you, and I do not see how the US government could conclude that the original case was fake. Of course, it is always better to have the RTD, and then there is no issue at all, but it seems to me that the likelihood of you have a problem is extremely low. Take care, Jason
Hi WindyCityAfrkn
I kind of think I know where you learned your excellent writing skill. Just kidding😊!
Ukrainian national here, derivative asylee; applied for RTD 4 days before the war broke out. Requested to expedite, expedite request denied – “We do not believe, based on a review of your request, that your case meets one or more of the expedite criteria and otherwise merits expedited processing”
I meet both humanitarian and financial loss criteria, as my family is in immediate danger, not to mention they all are without jobs now and some without the roofs over their heads. Very sad. Am I asking for too much?
They usually refuse to expedite and I think the process involves a lot of luck. You can try again. I wrote about expediting with USCIS in general on January 29, 2020 – maybe that would be of interest. Take care, Jason
Hi Jason, I am a foreign-educated physician. I have an F visa which is valid until 2024 and I got my visa through a language course.
I have registered for an English course so I have an active I-20. My English course will have a break soon and I will go to the US Embassy in Mexico for a J visa interview. I am not planning to register for the new term with the language course. The new English course term will start after my residency program start date.
To start my residency, I need to change my visa to J-1. I am going to travel to Mexico for that reason.
My question is should I cancel my ties with a language course or graduate from the language course before the J visa interview? I am worried about having an active I-20 document will create a problem during my visa interview in Mexico.
I do not know about this, sorry. I do not see how the I-20 would affect your J-1 application, but I do not do such cases and so I do not know. Maybe talk to a lawyer who does consular work to see whether this could be an issue. Take care, Jason
Hi Jason
How long it takes to get I-94 after grant of asylum by immigration judge?
Thanks
You have to make an appointment with USCIS and ask for the I-94 (and a new EAD). You can Google “post order instructions in immigration court” and you should find the information you need. Take care, Jason
I applied for Asylum, in court waiting for the judge decision 4 months now and my wife is to apply for a visa to come for 3 months program with the US Gov.
what do I do? should she for the visa? what will she tell the embassy? will they asked about me? if so what some questions that they might ask? what she would say to them? and do you think they will give her the Visa to come when they realized her husband is in court?
please let me know
She can apply. The fact that you have an asylum case and an immigration court case may make it more difficult for her to get a visa, but she can still get it, especially if the visa is based on a US government program. If they ask about you, she should tell them the truth – they likely have that info anyway. She may need extra evidence to prove that she will return to her country after the visit to the US – evidence of a job, other family members in her country, property, etc. Take care, Jason
Jason: Thanks for explaining briefly about this. Seems to me, that if I do not have a passport from the USA and I cannot use my own country’s passport, am I not gonna be considered Stateless Under Geneva Convention?
I do not know about whether you are considered stateless, and I suspect that you are not – just because you do not have a valid passport does not make you stateless, a far as I know. If you have asylum or a GC based on asylum, you can apply for the RTD so at least you will have some ability to travel internationally. Take care, Jason
Jason,
Thanks for flagging one of the hot and primary issues of the asylum community. You said and I have been hearing from others that traveling using passport of cop will have rare effect on returning and once status for green card or during naturalization. Is that depend on the officers decision or that of USCIS’s leniency?
Thanks
Assuming you have a GC, the only real danger would be that the US government concludes based on the use of the passport that your asylum application was fake. So it would depend more on the facts of your asylum case. If your asylum case indicated that your country’s government wants to harm you and is tracking you closely, then it may be strange that they would grant you a passport or that you would use their passport. However, if your asylum case indicated that a non-state actor wanted to harm you, but that the government was not able to protect you, then it would not be strange at all for you to use a government-issued passport. So it depends on the case more than anything, and being prepared to explain your use of the passport will also help. I suppose some officers are tougher than others, but I think that is less of a factor here, and it is not within your control in any case. Take care, Jason