I was very sorry to learn recently about the death of Immigration Judge David Crosland. Judge Crosland had been an Immigration Judge since 1997. I first met him when he arrived in Arlington, Virginia in about 2008. He later transferred to the Baltimore Immigration Court. Over the years, I have had many cases with Judge Crosland. In fact, I was scheduled to see him for an Individual Hearing tomorrow, for an Iraqi woman seeking protection from militias and terrorists in her home country.
Judge Crosland had his own style. Unlike most IJs, he started his hearings by questioning the applicants about their activities and instances of harm. Once he finished and established a framework for the case, he would turn things over to the applicant’s attorney. We then had to build on his framework (and often correct issues that came up during his questioning). While this was a challenging way to present a case, and left us with more uncertainty about how the direct examination would go, it also allowed Judge Crosland to hone in on aspects of the case that were of most concern to him. I will say that this was not my favorite way to present a case, and applicants were often confused by the IJ’s questions (and his soft voice). Nevertheless, Judge Crosland almost always “got it right” and it was hard for me to disagree with his decisions, even if we did not get the outcome we wanted.
One person who knew Judge Crosland well is former IJ and Chair of the Board of Immigration Appeals Paul Wickham Schmidt. In his blog, Immigration Courtside, Judge Schmidt paid tribute to his colleague–
Along with many others, I am saddened to learn of the death, over the weekend, of my former “boss” and judicial colleague, Judge David Crosland of the Baltimore Immigration Court. He was 85.
First and foremost, David was a dedicated public servant. A graduate of Auburn University and the University of Alabama School of Law [which awarded him the Profile of Service award in 2014], David served in the Civil Rights Division of the US Department of Justice during the tense and dangerous days of the 1960’s. That was a time when speaking out for justice for African Americans in the South could be a life-threatening proposition.
Among many difficult and meaningful assignments, he helped prosecute Klansmen in Mississippi and also was assigned to prosecutions arising out of racially motivated police and National Guard killings in Detroit in 1967-68. After leaving the DOJ, he became the Director of the Atlanta Lawyers’ Committee for Civil Rights Under Law.
At Auburn, David had studied Agriculture. He sometimes liked to regale Immigration Court interns with tales of his “days on the farm” during summers in college!
I first met Dave in 1977, when Judge Griffin Bell appointed him to be the General Counsel of the “Legacy INS.” Shortly thereafter, David selected me to be his Deputy General Counsel, thus initiating my career as a Government manager and executive. During the second half of the Carter Administration, Dave was the Acting Commissioner of Immigration, and I was the Acting General Counsel.
In those days, my hair was actually longer than Dave’s, a situation that would become reversed in later years as our respective careers progressed. Indeed, during his “ponytail and gold earring days” in private practice, I reminded him of the times in “GENCO” where he used to encourage me to “get a haircut.”
We went through lots of exciting times together including the Iranian Hostage Crisis, litigation involving Haitian asylum seekers, Nazi War Criminal prosecutions, the Mariel Boatlift, the creation of the Asylum Offices, and the beginnings of a major restructuring of the INS nationwide legal program that eventually brought all lawyers under the direct supervisory control of the General Counsel.
Following the 1980 election, Dave went into private practice and became a partner in Ober, Kaler, Grimes & Shriver and then Crosland, Strand, Freeman & Mayock. He rejoined Government in 1997, when Attorney General Janet Reno appointed him as an Immigration Judge in Otey Mesa, CA. He later became an Assistant Chief Immigration Judge for several courts, as well as a Temporary Member of the BIA.
Our paths crossed again when we both served on the bench at the Arlington Immigration Court, roughly between 2009 and 2014. Then, David returned to Baltimore to be closer to his son and his residence in Maryland. He also served at various times as an Adjunct Professor of Law at GW Law and UDC Law.
David was a “character,” for sure. He had his own way of doing things that wasn’t always “strictly by the book.” But, he cared about the job and the people, was kind to the staff, and kept at it years after most of his contemporaries, including me, had retired.
One of the most moving tributes to David is from a member of the court administrative staff who worked with him for years: “We just learned that Judge Crosland passed away this weekend at the grand age of 85 years. No funeral requested by him as his last wishes. Please keep him and his family in prayer. He was an amazing man, had a brilliant career and he was a genuinely kind person, hardworking to the end. Judge Crosland was very good to me, and he would walk me to my car after the long work days that turned into nights. Always a true gentleman, he would make me his famous lemon ice box pie! G-d bless Judge Crosland.”
My time with Dave at the “Legacy INS” will always be with me as one of the most exciting, sometimes frustrating, but highly rewarding and formative parts of my career. Rest in peace my friend and colleague. You will be missed.
After I learned about Judge Crosland’s death, I contacted my clients to let them know that the hearing would be postponed. My clients’ response echoes my own. They wrote: “May G-d bless his soul and he rest in peace.” To receive such tributes from co-workers, attorneys, and noncitizen respondents reflects the character of this man. May his memory be for a blessing, and may he rest in peace.
Hello Jason,
I am sorry to learn his passing; Mather of fact I supposed to have a MCH by end of this month. And it happened again the court postponed it for next year. That being said meanwhile waiting the court hearing got married and my spouse filed I 130 on my behalf. And recently got a letter from USCIS says “ As of MM DD, 2022, we are actively reviewing your Form I-130, Petition for Alien Relative, Receipt Number xxxyyyyzzz.” So what s/d I possible expect next and roughly when ?
These I-130 forms can take around a year, more or less. You should definitely talk to a lawyer to guide you, but I did a blog post about this process on August 6, 2018 – that may help. In general, now that the I-130 is filed, you can try to dismiss the court case based on the pending I-130 or wait until it is approved and try to dismiss the case then. Different judges have different policies, and this does not work in all cases, and so you should talk to a lawyer about the specifics. Take care, Jason
Hi Jason,
I would like to thank you first for your efforts to help everyone here! I have completed my interview at ZSF office and it’s been pending decision for 8 months now! I recently got my initial EAD approved! Does this means I have passed background checks and expect a decision soon?
Thanks,
@PENDING ASYLUM
Congrats on your work permit and hopefully you get a decision soon. Would you mind sharing when you applied for the initial work permit? I applied in May and hasn’t received it yet.
The EAD is not really related to the asylum case, at least as far as I can tell. You can email the asylum office to inquire about your case. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason,
I have green card if I use my home country passport to meet my parents in 3rd country , is there will be any problem to returning back.
I doubt you would have any problem returning back, but sometimes using the passport can cause the US government to question whether your asylum case was fraudulent. This seems very rare, but I wrote about it on May 25, 2022 and maybe that post would give you a better idea. Take care, Jason
Hi Jason,
I filed an I-730 for my spouse and he recently had his interview at the embassy overseas. My spouse is from a safe country and will not be applying for asylum. My question is, what kind of status will they give him upon entry? Do Derivative Asylee’s receive a I-551 stamp on their passport upon entry?
My concern is, he will need to travel back and forth to his country. Would he be able to use his country’s passport or will he need to apply for a travel document. He is not an asylee .
Thank you!
He will get asylum as your dependent. He can travel and use his passport, but he needs a document to re-enter the US, which is the Refugee Travel Document (available at http://www.uscis.gov). Unfortunately, it takes about a year to get the RTD and it is only valid for a year, so travel is difficult. He can also apply for his own GC after one year of physical presence in the US, so once he has the GC, it will be easier to travel and re-enter (using the GC and his passport). Take care, Jason
Hey jason
Im so worried as my approval notice for i-131 says we approved your reentry permit for 1 year but I applied for refugee travel document not reentry permit at all and my attorney said they call refugee travel document reentry permit but I’m still worried that uscis might messed up and issued me reentry permit though I don’t have GC yet and the reentry permit is always valid for 2 years while on the approval letter it says one year for me so does it mean it will be refugee travel document but they call it renentry permit on the approval notice? Please answer me I’m so worried
Moe don’t worry they call it both documents reentry permit. You will see on document it self mentioned refugee travel document.
Take a easy breath and relax.
Thanks a lot suli you made my day i was almost depressed like you never know I waited do long for that RTD and can’t take anymore time to fix issue by them but thanks for making me feel better
I am not sure, and sometimes the Re-entry permit is valid for only a year. Hopefully, it will be the RTD, but the only way to know for sure is when it arrives (you can also check the I-131 form to be sure that you completed the parts for the RTD). Take care, Jason
I never ever heard reentry permit for 1 year as it’s known for 2 years even the USCIS website declares that! Hopefully it’s the RTD as i just checked my i-131 and jt was applied for refugee travel document! what if they send the wrong document what can i do! ? How to fix USCIS mistake? I also called an agent on USCIS customer service and she also said they use the name reentry for refugee travel document! So what now?
It sounds like you will be fine; if you need to correct it, you should cross that bridge if necessary. My understanding is that the Re-Entry permit is issued for 1 or 2 years, depending on how long you had a GC and how much time you previously spent outside the US. Take care, Jason
Hello jason
I just received it todayyyyyyy finally wow what a happiness and it’s refugee travel document so anyone see reentry permit on the approval notice don’t freak out the USCIS calls it reentry permit too on the approval notices !
Thanks jason
That’s great – It also points to another need: to make the USCIS online messages more accurate and more useful. Bon voyage, Jason
Hi Moe,
At the time of application, did you submit passport photos, or was that requested after you sent in the application? I didn’t include any passport photos in my application and I’m wondering if that is delaying or might delay it.
Yeah I submitted passport photo ! Most likely they will request RFE to send passport photo i guess! I applied in august 2021 so if you applied after me then you might have some wait
May his soul rest in peace.
A question, has anyone who applied for initial work permit in May 22 or later received it? I applied in the last half of May and I have not received mine. If you recently received an initial work permit, when did you apply?
I am so frustrated waiting for 3 month with no work or income.
Hi Comic you may take awhile before you receive your work Authorization because the reciept you Recieved when you applied for EAD gave you an automatic extension for either 6months(180 days) or 1year(540 days) depending on if you applied before or after 6 months prior to your expiration date.So just get your receipt and take that to your employer or RMV for case of drivers license.lately renewals are taking 6-11 months according to my experience.
All receipts now extend the EAD by 540 days – I did a blog post about that with links to USCIS on May 11, 2022. Take care, Jason
@JESUS4LIFE
I am talking about initial work permits not renewals.
I think we are seeing most first time c-8 EADs take about 2 or 3 months, so hopefully, it will arrive soon (it is supposed to take only 30 days). Take care, Jason
@JASON DZUBOW
I have seen a comment here in the blog from someone who applied in April and have not received his work permit yet. That’s 4 months. I am worried that the waiting time is taking even longer now for initial work permits
Wait times are very unpredictable and so even if we see what happens to one person, it may be a different story for the next person. In general, though I think most of our clients get the initial EAD in 2 or 3 months. Take care, Jason
Hello,
I would like to thank you very much to this valuable community website.
Following the submission of I-485 based on asylum, and in the “Request for Evidence” letter which have been sent to me on July/14th, the USCIS is asking to complete the medical exam. The exam took longer than expected as I figured out that my 10 years old son had to complete the two COVID vaccines which will take a month in separation between the two shots.
In the body of the letter, they said “If you seek completion of your case by the end of this fiscal year Sept.30, 2022, we strongly encourage you to submit your complete form i-693 as soon as possible via express mail.
1- Do you believe that this phrase is a template that is being sent to everybody, or it is customized to my case?
2- I am expecting that I will mail my package sometime around Aug/16th. Do you believe that they will still have time to complete my case before Sept/30
Thank you very much
1 – I have not seen that before and so I do not know. 2 – Maybe. They sometimes complete cases in the few weeks after we submit a medical exam, but otherwise it takes longer. I have never heard about the turning of the fiscal year affecting USCIS processing, but maybe this is something new. Even so, I have not heard about USCIS losing funding and I do not see why this should have any effect. Take care, Jason
Hi MEA.
Can you please share your timeline for the GC application. Also which center is processing your case?
National Benefit Center MSC
Nov-2020 filed i-485
Jan-2021 received the i-485 receipt
July-2022 Request for medical exam
Hi Jason and the community,
I have a question regarding filling out Advance Parole form (i-131).
I have a pending asylum case for many years now, and just got approval for TPS, basing on my home country conditions. I’m planning to apply for Advance Parole, but I’m confused regarding a question “Class of Admission” – what should I put there, does anyone know?
Should I put “approved TPS”, “pending asylum” or initial visa I was admitted to US (b2, although it’s no longer valid)?
Thank you!
Naya
It is easier to apply for AP based on TPS than based on asylum, so hopefully you are applying based on TPS. In terms of that question, I am not sure about the specific question on the form, but whatever, you put, you can provide an explanation in the cover letter. As long as you provide all the info, you should be ok. Sometimes, on similar questions, we put (for example) “B-2 (now has TPS)” or something to that effect, and then provide an explanation in the cover letter. Take care, Jason
Thanks god finally got my RTD approval today after being waiting for 366 days!!! Unbelievable and made me frustrated a lot of times but in the end now i will be free and now i can travel overseas after being stuck in the US for 6 years in row! Finally after 12 months and 6 days since I applied for my RTD
On August 4, 2022, we approved your Form I-131, Application for Travel Document, Receipt Number LIN21Xxxxxx . We sent you an approval notice. Please follow the instructions in the notice.
The problem could easily be solved by USCIS – just automatically issue an EAD and an RTD when someone wins asylum and make the RTD valid for 5 or 10 years. Take care, Jason
Why they are not extending the validity of RTD? This is insane and please use your personal connections if you have to convince the irresponsible and irrational USCIS and the loser Biden administration to consider that extension.
If I had that type of power, I would be making the big bucks! I have advocated for a longer RTD for years. It was proposed back in 2008 or so, but it never happened. Why? I do not know. It is such an easy fix and hopefully, this Administration will get it done. Take care, Jason
Dude, I’ve been stuck here for 14 years. And will be for another 20 years. I’ll be 60 when they allow me to leave, if I live that long arlt all. All my family will be dead. So 6 years is a walk in the park really!
Hi Jason,
I am waiting for my asylum interview with USCIS for more than 4 years
Should I file a writ of mandamus at a federal court will that help to get a interview date
Regards
Najeeb
I would try to expedite first – you have to do that before filing a mandamus. I wrote about expediting on March 23, 2022 and March 30, 2017. Take care, Jason
Hello Jason,
I have applied for asylum and waiting for the interview. My passport has been expired. I have F status and the school that I am studying asked me to renew my passport. In addition, I am going to take GRE test and TOEFL test for grad school, but they will not allow me to take the tests with the expired passport. I was told since you are taking the test out of your home country you have to use your passport as a primary ID for the tests or you have to have GC. Do you recommend to renew my passport? Does it will have negative effect on my immigration process? It seems i have no choice
Thanks
Typically, renewing a passport does not have a negative effect on an asylum case, but it could. Especially if your case indicates that you fear the government of your country. If so, why would they renew your passport? Why would you go to their embassy? You can explain these things, but it could potentially have a negative effect on the asylum case. You might try to contact the GRE people to explain the situation and see whether you can avoid renewing the passport as an asylum seeker, though I imagine their bureaucracy is almost as bad as USCIS’s. Anyway, if you end up renewing the passport, you should be prepared to explain why you did that and why the government issued a passport to someone it wants to persecute (if you do not fear your home government, this is obviously not much of an issue). Take care, Jason
Hi Jason.
Sorry for the passing away of IJ David Crosland, Rest in Peace.
We talked several times about my case appreciate for your help.
Now my latest update is I was scheduled for a master hearing with my USCIS decision
but around too close to the master hearing they canceled the date and I haven’t got a new date for the master hearing.
A couple of days ago I got the letter through my attorney. It is from the EOIR office. The letter’s headline is SCHEDULING ORDER named including all members included in the application. And I talked to my attorney about the letter he said it is about writtern pleading and he said he has to send it back to them .A couple of days later I call him and I asked him do I have to come along with other respondents to sign the written pleading, he said they already sent and we don’t have to sign it. Only an attorney can sign in that paper.
Some people said without signing by the respondent how they can forward the written pleading.
So can you make some clarification about the scenario, please?
And my attorneys said probably I will call for a final hearing, so what is the next process when EOIR got my written pleadings?
Appreciate.
Best
Jhampa
If it is a written pleading for a Master Calendar Hearing, you are usually just admitting the factual allegations in the NTA (“You are not a citizen of the United States,” “You are a citizen of X country,” “You entered the US on X date,” etc.), conceding that you are deportable, requesting asylum and/or other relief, and requesting a date for a hearing. Maybe that is what happened (in other words, your lawyer did in writing what you would have done at the MCH), and so you are just waiting for a final hearing date. But I am not sure from your message and I recommend you ask your lawyer to clarify. Take care, Jason
can I apply for a STEM Visa (Science, Technology, Engineering, and Mathematics are the STEM disciplines Visa) in my country or in the US? I have been invited for CDC conference for 4months on Covid 19 for managers of Covid 19 around the world training and certification as the only person recognize by CDC and representing my country. Besides I have a Master in Epidemiology and BSc Biology from my country and have travel to other countries in Europe as a science student with certificate of recognitions in the health science.
My husband got himself in politics 3yrs ago in our country and had to run for for safety in the US on asylum though he has not been granted yet but he can’t come back home, we can’t go to him as a family. Will they refuse me due to my husband not having his asylum granted yet? On my training in the US, can I apply for the STEM? or Will I have to go back before applying for the STEM? I learn that I can self petition.
what options do you think I may have with the USCIS STEM Visa program for EB1 or EB2 or H-1B Visa besides my Husband Asylum? what can I do?
Sorry, I do not do employment-based cases and I do not know about this. Whether the asylum case would have any effect on the visa, I also do not know, as it depends on the case, but in general, the cases would not be in conflict. I do think if you need to return to your country to collect the visa, you need to evaluate whether it might affect your husband’s asylum case (for example, if he says that his whole family is in danger and you return home, it could impact his credibility). Anyway, I think you need to talk to a lawyer to evaluate your eligibility and whether there is any issue with the asylum case. Take care, Jason
Hi Jason,
It’s sad to hear the passing away of this amazing person , It’s hard to find these honest people these days.
I have a question , in your previous post you mentioned about the new developments in asylum office to interview the cases file long been pending filed in 2017 and before.
I filed my case in 2015 and happy to hear this good news , my question is , is it a good idea to request for shortlist at this time. Will it make any difference to help my interview happen soon with this new development or should I wait and see.
Thank You!!!
They are trying to interview cases from before January 1, 2016, so that would include your case. They have not said anything to us about short lists or expedite requests for pre-2016 cases, and so I have no info about that. However, if your office has a short list, there is no harm in putting your name on that – either it will make your case faster or it will have no effect. Also, make sure your case is complete and ready to go, in case you get an interview. Take care, Jason
Hi Jason
I filed I730 last November for my wife who is in the US with a valid status and it is still pending. I will be filing I485 next month. My questions is, if my I485 is approved before I730, will it affect the I730 case? Do I have to be in asylee status without GC to have her I730 approved or I can be a permanent resident?
I am only worried because I read this case of a father who became citizen and his son was denied derivative because he was a citizen now.
If you get a GC, it has no effect. There is only a problem if you become a US citizen before your wife gets her own green card. So make sure she has a GC before you apply for US citizenship. Take care, Jason
Sorry for the passing away of this great judge! May his soul rest in peace!
I have one question, can we travel to Hawaii only with State ID? Anyone who did that with no problem?
Unless you stop in another place (Canada?) on the way, that should be fine. I would recommend checking with the airline to be certain, but I do not see why you can’t travel with a state ID. Take care, Jason
May his soul rest in peace. I have a pending court hearing with him. Do I need to contact the office or they will assign a new one
I expect they will assign a new judge, but I am not sure about the time frame. Take care, Jason
Hi Jason,
I am an asylum applicant on a valid F-1 status and I am filling the I-485 form based on an approved I-140 application. Part 8, in questions about public assistance “Have you received any public assistance in the United States from any source?” and it needs to attach documents if the answer is “Yes”. I received energy assistance (LIHEAP), a federally-funded program about five years ago. The USCIS clealy mentions that energy assistance (LIHEAP) is not considered as public charge. So should I answer “Yes” to this question or “No”? If I answer Yes I should provide records of that but as I contacted the office that I had applied for LIHEAP they said they keep records for upto 3 years and have no records of me. Am I safe to answer “NO” to this question then?
I do not know about LIHEAP, but if you answer “no,” I would circle the question, write see cover letter, and in the cover letter, explain that you received LIHEAP but that you do not believe it is considered public assistance. At least this way, USCIS cannot accuse you of hiding anything and so you should be fine. Take care, Jason
Hello everyone,
I greet you with a heavy heart right now and I am seeking your prayers and advice. I was informed today of the sad news my mother suffered a severe stroke and is currently in the hospital doing tests and treatment. Right now, I am so nervous and my stomach is in knots. The prognosis is; that this is going to be life-changing.
My sibling had plans to visit me within a couple of weeks, but right now, I am thinking of canceling those plans and booking a flight to see my mother. My mind and my heart keep saying this is what I must do. Of course, there is the elephant in the room I must deal with, which is my asylum. Last year I got my Greencard based on Asylum and I made plans to attempt a visit to my COP next year.
But I feel like those plans are out the window with this tragic news. Part of it, there is no update on my application for an RFE. The last I checked, it said somewhere, don’t make any contact until about January or February. I cannot wait that long. My COP passport is still valid and I thinking of using that.
I need Jason and the communities advice what to do.
Can I travel with my COP passport and GC?
What should I do disembarking the US?
What should I do once I reach my COP at the airport, should I present the COP passport and or green card?
What documentation might I need to have with me going to and from the COP? I know I will need to obtain hospital records.
My mind right now is all over the place, I am upset, sad, and filled with anguish.
Please all, pray for my mother, I need a miracle and hope she recovers. I know she has been stressed and sad since I left and our communication has not been best at times. But I was just hoping she could hold on. This changes everything and I don’t know if I will ever hear from her again.
Enronn Sierra,
My prayer is to your mom! I could only say do not hesitate go go ! When you come back do not forget to compile the documents.
Thanks
I am very sorry for this news and I wish her a quick recovery, and I wish the best for you and your family. I have been dealing with a similar problem, but my situation does not have any of the complications of the asylum case or being in different countries. I did a blog post on May 25, 2022 that talks about using the passport and I think talks a bit about going to the home country, and another post on September 6, 2016 about returning to the home country. The bottom line is that if the trip causes the US government to believe your original case was fraudulent, they can try to take away your status. I think this is very rare, but you should be prepared to explain (with evidence if possible) why you returned and how you stayed safe while there. When you return to the US, you present your GC and passport. If they have questions for you (which they probably will not, but you never know), just explain and be prepared to show some evidence. Worst case, they would try to take away your status, but you can fight that and – based on what you are saying here – should have a decent chance for success. I do think that outcome is unlikely, but it is best to be prepared just in case. Take care, Jason
Hi Jason,
My husband is in the US, he had been an asylum applicant for almost 6yrs, He said he has been to court and now waiting for the Judge final decision. He graduated from here with MSc, BSc, ASc Degrees IT / Engineering field in our country. He told me he also graduated from with Cybersecurity Certificate from a Top US State University. He said he currently have 2 senior level jobs offer he is deciding on and that he want to apply for the STEM program while his current asylum applicant status is stay pending in court. Condition here in our country have not change but gotten more bad and the US Govt had Designated our country for DED or TPS. Politics and Advocacy made people were always after my husband and almost killed him that he had to decide to flee the country secretly. I missed him.
Jason, he is wondering if he can apply for the new STEM Visa program while in the US to sponsor himself while his case is stay pending with the immigration Judge? Can he Apply for the STEM by himself? If he petition for the STEM himself based on his qualifications, do you think USCIS will denied him due to his case in court? Or will he need a waiver for the case before he can apply for the STEM? or Is he not qualify to apply for the STEM while in the US or while his case is stay in Immigration court?
What are some options he might have that we don’t know about?
thanks and hope to her from you.
I do not know much about this program and I think he needs to talk to a lawyer. In general, it is very difficult for anyone in court to get a GC or other status based on employment. It is not impossible, but it often requires the person to leave the US, and it is not always possible to leave and then return again, depending on the case. He should talk to a lawyer and have the lawyer write down step-by-step how he will get from where he is today to having the GC, including whether he needs to leave the US, and the risks. I wrote more about this on August 28, 2018 and September 6, 2018, and maybe those posts would help. Take care, Jason
Hello Jason;
Thank you so much for your continuing support and help for all immigrant community issues.
I have some concerns as if the expedite request on I-485 asylum based leads to more delays in the process.
I applied for asylum based GC on Feb16,2021 and didn’t receive any updates since USCIS received my RFE response before 30 days.So,I tried to raise expedite request and involvement my state Senator to get some traction movement on my case but that all was unfortunately denied.My lawyer said I shouldn’t have raised expedite coz USCIS will pull my file from the queue and put it back in. I think my lawyer is just making up things looked difficult because I have never heard anything positive from her. On top of this I’m the one reaching out to USCIS/Senator office tirelessly tried bushing the process to get some movement on stuck case pending @ NBC but I’m really feeling hopeless now. Do you have any info based on your research and experience that raising an expedite request plus multiple Senator inquiries will causes USCIS to intentionally delay my case process?
Appreciate your comments.
I have never heard from any reliable source that making expedite requests causes delay, and I highly doubt that it does. Many asylum-based GC applications are taking 2 years or more, though the process does seem to be speeding up, at least for newer applicants. If you got an RFE and responded, it is often common to get a decision in the weeks or few months after you respond. Not always, but it is at least a positive sign. Take care, Jason
Hi Jason,
Hope for your advice again. Soon, it is time to apply for citizenship and I’m at lost. For some time I was traveling to different states/cities within US, stayed at the hotels, Airbnb or at friend’s places. It is important to mention that my stays are no longer than 2-3 weeks (so I’m not establishing permanent residence anywhere, other than my home state area) and I always come back to my home state/city for few months here and there (PO Box and storage there too). Can I use same address as in all my other documents in n400, even it is not exactly my physical address? Are any other options you can recommend?
Thanks in advance!
If you have an address you kept on file with USCIS, maybe you can use that but in the supplement to the form or the cover page, you can explain that you moved around a lot and did not have a permanent address. I guess you can try to document all the addresses, but it may be better to explain more generally that you kept a mailing address, but stayed in different places. Take care, Jason
What is that
Next Hearing Information
There are no future
hearings for this case.
Decision and Motion
Information
This case is pending.
Ed Case Appeal Information
Can someone help me to understand that please
I was check my case online for individual Hearing court it just show that.
It means the case is still pending, but they have not given you a date for your next court hearing. I suppose you can call the court about this if you want – you can find their number if you follow the link under Resources called Immigration Court. However, they should eventually just give you a date, and I am not sure calling will help. I also wrote about advancing the court date on April 20, 2017, if you are interested in making the case faster. Take care, Jason
Hi Jason
My 1 year anniversary is coming this fall and I am preparing to file I485. After seeing the timeline of 48+ months for asylee I485, I was thinking to try EB2-NIW and the NIW lawyer thinks I qualify and it has less than 18 months. My questions is
1. Can I concurrently file two I485s based on two different category? One being asylee and other EB2-NIW?
2. Any cons of going EB2 NIW minus the fees? Will USCIS think I am trying hard?
3. If I get approved first from either category, will the other pending I485 cancel itself?
4. If I get EB2-NIW GC, will it carry same conditions as asylee GC?
1 – I do not know about that and would not advise it. Talk to a lawyer before trying something like that, but I think it is not worthwhile – GCs based on asylum may be going faster, but we are still seeing long waits. 2 – It is more work, more expense, and possibly more uncertain (depending on the strength of the case). Also, EB-2 NIW cases are not that fast – I think my last one was about 1.5 years or more. 3 – I do not know about that. 4 – It should not matter since the only issue is that if you engage in behavior that causes the US government to think your asylum case was fake, it will create problems for you. Whether you received the GC from asylum or employment, this is the same. But this is probably not a major concern. Take care, Jason
Hi Jason! I’ve been interview pending for almost 5 years now. A few months ago I married a US citizen and then applied for GC through marriage. My receipt starts with IOE which is online filing I guess. I can’t find what is the estimate processing time for that. Can you please tell me from your experience or maybe to head me up to right link. I would appreciate that. Also why if I will try to expedite my asylum case while waiting for marriage based CG interview? Does it hurt any or both cases? Thank you.
I want to share ….. I-485 case.
Office: National Benefits Center
I got my green card Aug/04/22
Asylum grandet Jan/2021
Applied for I-485 Feb/2022
Approved July/2022.
No expedite case.
Good luck to everyone.
Thanks 🙏 to Jason
That’s what i said before!!!!!!
All asylees now get GC in 6-7 months if you in the National benefit center only 2-3 years if you’re stuck in texas or Nebraska! But all new cases takes 6-7 months for new applications
Thank you – that is fast. Congrats, Jason
Hello ASYLUM S,
Wow it’s a great news. Could you please let us know which center did you apply.
Thank you
Sam
You can try to expedite the asylum, but I would not bother – you might as well get your GC based on marriage, as that will get you a GC faster and will get you to citizenship faster (people who obtain a GC based on marriage to a US citizen can file for their citizenship 3 years after obtaining the GC, assuming they remain married). But if you need asylum for some other reason (for example to help a dependent child) that may be a reason to try to expedite. One case should not interfere with the other, though sometimes, the files get moved around which can cause delay. Take care, Jason
Hi Jason! I’ve been interview pending for almost 5 years now. A few months ago I married a US citizen and then applied for GC through marriage. My receipt starts with IOE which is online filing I guess. I can’t find what is the estimate processing time for that. Can you please tell me from your experience or maybe to head me up to right link. I would appreciate that. Also why if I will try to expedite my asylum case while waiting for marriage based CG interview? Does it hurt any or both cases? Thank you.
We see such cases take maybe a year or a bit more. I am not sure what processing time would apply to you – look at the processing time of the place where you would send it if you mailed it and maybe that is the best guess. But truthfully, I am not sure that is a good estimate. Take care, Jason
Thank you for the reply. One more question if I may. Recently I was injured in a very serious car accident. I was in hospital and got the note for a week. I’m not sure if I can back to work after that week. People tell me to apply for worker compensation and unemployment. But I don’t think it’s good for my marriage based immigration case since I have wife in the file who is my sponsor. Can you please tell me which benefits I should avoid to apply to not to damage my marriage based case? Thank you!
I have not looked into that, and so I do not know. I suspect that neither of those benefits would have any effect on the case, but if you check the I-864 instructions, available at http://www.uscis.gov, it should tell you what types of government payment create a liability for the sponsor. Take care, Jason
Gotcha. I remember you recommended just do marriage based case, but I’m still considering to expedite my asylum case and resolve it. Generally I always expect the worst scenario. The worst scenario here is I lost the interview and will be sent to SC immigration court and in the meantime my marriage will go wrong. And eventually I will have to face one of the toughest immigration court in this country. I have a question. Taking into account that nothing keeps me in SC but family and if the marriage won’t work one day after I got master hearing, will I be able to move my case to NY if I move back there from SC?
If you move to a new state, you can generally move your case, but it may depend how close you are to the Individual Hearing. If it is still far off, almost all judges will allow you (or require you) to move the case if you move. Take care, Jason
I applied to change address Feb. Got the notice a month later or so. Then I got a notice of acceptance of renewal EA on the new address. Yesterday I got another mail from USCIS. It’s said “We have completed the address change you requested” and a few more sentences that say that new office has now jurisdiction over my case and any future correspondence should be sent to the new office. What does it actually mean? Like the completion of the address change requires 6 months? Like they only now got my paperworks and only now they put me in the line etc? Like I only now have chances to get my interview or to get the approval to expedite the interview if the request is filed by me? Thank you in advance for the response.
I am not sure why you received the new message. My guess is that it is meaningless. If you are worried about it, maybe contact the asylum office directly by email to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
I applied for GC on Asylum Base in June 2020. I received RFE for medical in April, 2022. I sent my Medical and status was changed “We received your response on RFE on 16 May, 2022” Its almost 80days and I’m still waiting for any response. Do you have any idea sir after receiving RFE , they take how long to make decision.
Usually, it is pretty quick, but not always. Hopefully, it will be finished soon. You are still inside the “normal” processing time so there is not much to do for now but wait. Take care, Jason
Hi Jason,
So my judge was switched from Burman to Nadkarni three months ago. Do you know why? Did he retire? I’m bumped because I heard Judge Burman’s approval rate is the highest at Arlington immigration court. My IH is next week.
Thanks
Josie
I really like J. Burman. Apparently, there was some complaint against him (I think by DHS) and so he was removed from the docket. I hope it is temporary, so maybe he will return. My recollection is that J. Nadkarni is good, but I can’t keep track of all the IJs these days. Take care, Jason
Hi Jason,
My EAD will expire on Feb 10, 2023. Is it better to wait till 120 days before its expiration date to apply for the renewal instead of 180 days? Also, I saw on USCIS website that the fee is now $410 (no more biometrics fee) for C8 category. Would you please confirm that? Thank you so much for your help!
You can file anytime within 180 days of the expiration date, so I think it does not much matter between 120 and 180. The fee is $410, correct. Take care, Jason
May he Rest In Peace!
May his soul rest in peace
RIP and sorry to hear that 🌷
Hey jason,
I got my i-485 receipt yesterday and it’s MSC which is the National benefit center! How long does it usually takes to receive my GC? I saw many comments on other forums and also here that whoever apply in 2022 get it only in 6-7 months! Is that correct?
We are seeing cases take over 2 years, but I believe most of our cases are at the TSC. You can check the processing time at http://www.uscis.gov, but those show 40 months and do not list the NBC. I get the sense that the situation may be improving, but I have not seen any cases taking in the 6-month range. Take care, Jason
Thanks jason!
I just wanted to ask cause i see it recently everyday on reddit that many people received their GC based on asylum only after 6-8 and all of it were in the National benefit center! Looks like Texas and Nebraska service centers are the worst and NBC is much faster so hopefully i get good news like these folks who got it in 6-7 months
Hopefully that is true. Let us know. Thank you, Jason
Another one here just saw it now on the asylum immigration forum!!!
Hello Everyone,
Thanks to Almighty God, I got my green card today.
Applied March 2022
Approved July 2022.
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Woah – that was fast. Citizenship cases are also going very fast. Hopefully, it is a sign of things to come for other people too. Thank you for sharing and Congrats! Take care, Jason
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Asseek said:
Congratulations. Approval in 4 months is super fast. Can you please share which state do you live and which office processed your application ?
MSC number. So it’s national benefit center
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May his soul rest in peace.
I have question regarding EAD timeline, I am waiting since March for the renewal and I understand it is gonna take some time to be renewed due to backlog. I have two questions if someone can answer:
1. Is there anyone from Texas who has renewed his driving lisence based on the notice of USCIS – My DMV will not renew until I have EAD. I am worried as I my job is dependent on driving as I drive van whole day where I currently work.
2. Anyone want to share his/her timeline of renewal of EAD.
We are seeing EAD renewals take over a year. The DMV should renew your license, though, as the receipt extends the old EAD for 540 days (I wrote about this with links on May 11, 2022). If they refuse, try to talk to a supervisor, and if that does not work, you might try to talk to a lawyer. Take care, Jason
Dear Jason,
I am filing the AR-11 Change of Address form online for my pending I-140, I-589 and I-765 forms (based on asylum pending). In the AR-11 form I filled for I-140 I stated my reason for being in US as student (I am on F-1 visa), but in the AR-11 form which my attorney filled on my behalf for my I-589 and I-765 form, he has stated my reason for being in the US as “Pending Asylum”. Does this discrepency matter? Should reasons on the both forms be the same?
It is always better to be consistent, but as long as both things are true (you are on a valid F-1 visa and you have a pending asylum case), it should be fine. Take care, Jason
RIP😥😥😥😥
Sorry to hear this.
RIP
RIP – We need more people like him in the system.
RIP
May His soul rest in Peace😭
Hello Sir Jason, I am from Cameroon. I thank you for all you do for Asylum Seekers. I have a few questions for you please
1. I applied for Asylum in 2019 in New York. I am still waiting for an interview till now. Please do you think I can be called anytime soon?
2. Cameroon was designated for TPS. Do you think I should apply for TPS Please? I am concerned that if things don’t turn out well at the Asylum office they might not refer me to the immigration court. What are your thoughts please?
3. I am planning to buy a home. Do you think this is a good idea to buy a house with a pending Asylum case? Do you have any idea how USCIS will view thus?
Thanks so much in advance for your usual help.
1 – I doubt it, but you can try to expedite – I wrote about that on March 23, 2022 and March 30, 2017. 2 – If you have TPS and the asylum office denies your case, you will probably not be referred to court (sometimes, people are referred to court and USCIS is not always consistent). If you do not want to go to court, then it is a good idea to have TPS. 3 – I think you have to live your life since these cases take so long. I do not think owning a home will help or hurt your case, but if you want to own a home, you should go for it. Take care, Jason
Hi Jason. Thanks for all you do for us.
Regarding the issue of a LPR based on asylum using their national passport to travel to a third neutral country, I heard from a respectable source that it should not be a problem at all because once an asylee changes his status to a LPR, he loses his asylum status and therefore can avail himself of the protections of his country because he is a former, and not a current asylee, as long as it doesn’t raise any issue regarding fraud in the asylum application. Do you agree with that information? I know you mentioned in your article that you have never seen any former asylee having issue (including for citizenship purposes) solely because of using their national passport.
Thanks a lot.
I think that is a good summary – unless using the passport causes the US government to suspect fraud, you should be ok. I wrote about it in a separate blog post on May 25, 2022. Take care, Jason
Thank you very much for your reply. Do you think it is worthy to contact USCIS directly and ask this question (about using the passport to travel to a third neutral country)? I think that could be a way to have an official answer in case someone gives any trouble in the future.
I remember when I picked up my asylum decision in the asylum office, the officer was going over all the responsibilities and benefits of being an asylee and he freely mentioned (I did not ask anything!) that I could use my passport (he was holding it on his hands!) to travel after getting the green card but had to request a RTD before getting the green card. He did mention about consequences of travelling back to the COP but never mentioned anything about renewing the passport or using it to travel to a third country. I wish I had recorded what he said LOL.
Thanks
I do not think you will ever get any type of definitive answer from USCIS. Even if you did, how could you prove that? I think you just have to rely on any statements of the rules or regulations that you can find. I tried to summarize that in the post I mentioned. Take care, Jason
May he rest in perfect peace.