In a meeting held earlier this month, we received some updates from the Asylum Division. Although Acting Director Sue Raufer could point to some positive developments in asylum world, the news is generally pretty bleak. In a development that will shock no one, the worst news relates to the backlog, which is growing at an unprecedented rate.
Before we get to the substance of the updates, I want to talk a bit about the agency’s leadership. We have an Acting Director. We also have two Acting Deputy Chiefs. My not-totally-clear understanding is that an Acting leader has more limited power than a confirmed leader. Whether this makes any difference in the operation of the agency, I do not know, but the fact that we still have acting leaders nearly two years into the Biden Presidency makes me feel that USCIS is not prioritizing the Asylum Division.
Whatever is the case with their leadership, the most recent data makes clear that Asylum Offices are not keeping up with new filings. Indeed, the Asylum Division is receiving about 14,000 new asylum applications per month, or about 165,000 new cases in Fiscal Year 2022 (which ended on September 30). This represents a 78% increase over FY 2021. Of these new cases, 60% come from five countries: Cuba, Venezuela, Haiti, Guatemala, and Colombia. Overall, the backlog of pending cases has grown from 438,500 on December 31, 2021 (when we last had data) to 543,000 on September 19, 2022. This is an increase of more than 100,000 cases–or nearly 24%–in less than nine months!
Why is the backlog growing so quickly?
Before we received the new data, I suspected that an influx of cases from Afghanistan was impacting the backlog. Since the Taliban seized control of their country, our government has evacuated about 88,000 Afghans to the United States. Rather than grant residency to these refugees, we have given them a two year temporary status. While some Afghans may have found other ways to obtain permanent status, many have no choice but to seek asylum. To make matters worse, Congress–the very entity that could have granted them Green Cards–has instead mandated that Afghan asylum seekers receive priority over other cases. Such cases should be interviewed within 45 days of filing and decided within 150 days. This means that everyone else is shunted aside so the evacuees can have their cases heard. What surprised me about the new data is how few Afghans had actually filed for asylum–as of September 19, the Asylum Division had received about 7,100 such cases and conducted 2,900 interviews. This represents only about 4% of all new filings, and so presumably, the effect of these applicants on the backlog is–so far–not very significant.
I suspect that the bigger reason for the growing backlog (aside from the large number of affirmative filings) is the Southern border. When an asylum seeker arrives at the border and requests protection, he receives a credible fear interview or–for people who have previously had a CFI–a reasonable fear interview. These are initial evaluations of asylum eligibility. Given the large number of migrants arriving at the border, many Asylum Offices are tasked with interviewing these new arrivals. The latest data shows that Asylum Officers conduced about 57,000 CFIs and RFIs in FY 2022.
Another important reason for the growing backlog is the pandemic. Until March 2022, the Asylum Offices had been interviewing fewer people in order to accommodate social distancing rules–each person (officer, applicant, and attorney) was in a separate room connected by video. Fewer interviews naturally leads to longer delays and more people stuck in the backlog.
The new data does reveal some positive developments. For example, since March, Asylum Offices have implemented Covid policies that account for current conditions, and at least at my local office (Virginia), in-person interviews are back on. Indeed, during my last visit to the Asylum Office, it was more crowded than I had seen it since the pandemic began. Given that pandemic restrictions are largely being abandoned, we can (hopefully) expect more interviews in the current fiscal year.
Another positive development is Asylum Officer hiring. There are currently about 800 AOs nationwide, and the Asylum Division is authorized to hire up to 1,024 officers. The agency hopes to achieve a 95% fill rate by December 31, 2022. More officers should be able to help slow the growth of the backlog and–perhaps–start interviewing the longest pending applicants (supposedly, some of the new AOs will be delegated to work on pre-2016 cases, though so far, we have seen precious little evidence for this).
So while there are a few reasons to be hopeful, overall, I am not feeling particularly optimistic. Pandemic restrictions wax and wane, but experts are predicting a possible surge during the colder months. If so, the Asylum Offices’ ability to interview applicants may be reduced. Also, while hiring additional officers is good news, we have been hearing about efforts to “hire up” for years, but hiring (and retention) has never kept up with the asylum case load. Finally, unless we get a handle on the Southern border and deal with Afghan evacuees in a more rational manner (i.e., pass the Afghan Adjustment Act), Asylum Officers will not have the capacity to keep up with new affirmative filings, let alone make a dent in the backlog.
For those stuck waiting, it is still possible to attempt to expedite a case if there are exigent circumstances. But this is not a solution that can work for most applicants, and it certainly won’t help resolve the systematic problems at the Asylum Division. To address these challenges, we need regulatory and legislative changes, both of which require a level of political will that has heretofore been lacking. I know that the current Administration wants to improve the situation, and I hope that in the second half of President Biden’s term, they will move more aggressively to help all those who are waiting.
[…] As of December 31, 2022, there were 667,040 cases pending at our nation’s Asylum Offices. The previous data sets were from September 19, 2022, when there were 543,000 pending cases, and December 31, 2021, when […]
[…] to the most recent data, there are more than half a million cases pending at our nation’s Asylum Offices. Many of the […]
Hello Jason,
I had my Asylum interview on July 6th 2021 from New Jersey asylum office. I have inquired a few times regarding the result to no avail.
On October 21st 2022 I sent one more email to New Jersey office and inquired straight from the USCIS portal regarding the result.
On October 22nd the asylum said they forwarded my request for review and my uscis portal said that my request is not forwarded yet to an officer for review.
On November 2nd 2022 I received a call from asylum office telling me they sent out the result on October 28th 2022 and tried to contact my lawyer.
As of now the status still says result pending. My EAD is expired still not processed. Why would they call me directly for the result? Is it because I am sent to court? I even tried looking on the eoir database to see if my case is sent to court but no data were found for my case.
I am anxious and worried. Any similar process in your experience?
I do not know why they would call – maybe because you made an inquiry. If you do not get a result soon, you should email them and ask them where the decision is. The NJ office is usually pretty responsive, but you should have the decision soon (and so should your lawyer). Good luck, Jason
[…] wrote last time about recent updates from the Asylum Division. Here, I want to focus on one element of those […]
Hi Jason,
My 540 days auto extension on my EAD renewal application expires in few days. My employer said that unless I receive a physical EAD card from the USCIS before the expiration of 540 day auto extension period, my employment will be terminated in few days. I understand the delay in EAD adjudications but that should not be held against us. My position is that I should be allowed to continue my employment until a formal decision on either my EAD application or asylum application has been made, whichever comes first because my I paid a renewal fee of $410 and my asylum application is currently pending. Do you agree with my position?
Another data point !!!
I am sorry about the situation @TENZIN. Hope it can be resolved soon.
May I ask is it a professional job or retail job ? What field it is ?
And to your question, unfortunately, it appears to me…that once you employer knows that you EAD expires…they cannot continue to hire you…and unfortunately there is nothing you can do about it…your employer is not discriminating you and it’s at-will employment…
Thank you Jason. I am a college student and it is a part-time employment with the college where I am studying. Technically, my EAD has not expired. My renewal application is pending. If we cannot work because the grace period came to end, then the core purpose of allowing people to work while the asylum application is currently pending will be defeated, no? Because the USCIS can take forever to make a decision on EAD applications and no one will then be able to work, no?
I am not Jason. I think he will say sth as well :). It’s just something that’s bothering me that I did some research and it appears there is virtually no remedy 🙁
As a matter of policy, I agree with you, but that is not the law – the law states that if your EAD and extension end, you are not eligible to work. For the vast majority of people, the 540 days should be enough time, so your case is unusual, and I am not sure what else you can do, aside from calling USCIS again. Take care, Jason
I feel you Tenzin.
I remember those days that my former employer would start the emails 120 days before the expiration date on my EAD.
My anxiety level was horrible.
That said, the Law does not allow your employer to keep you if you are no longer “authorized” to work.
It appears that this is past the normal processing time.
Call USCIS, and inform the agent that you will be losing your job if you do not provide your employer a work authorization document. Be very specific the time.
I think most of the agents are very nice people. I spoke to one of them recently and he was very nice and sympathetic.
If you have not made the call yet, and seeing this, call the number as soon as they open.
Good luck, and keep us posted!
Thank you Tina. I did call them twice, but my requests were rejected on both the occasions. But I will try again. They took my renewal application fee of $410. How fair is it?
Isn’t it like CPA accepting money from you to prepare and file your tax returns, but actually did not file it?
Tina, I agree. The receipt says that your employment authorization is extended to another 540 days. The employer would be in the right if they do decide to terminate your employment if you can’t furnish something to show that your authorization to work in the country has been extended. Unfortunately, this is not the employer’s fault; USCIS/the government is to blame. Quite frankly, this could be solved immediately if the government decides to allow asylum applicants to work until a decision has been made on the applicant’s application for asylum. For instance, and this is just one of many ways to solve this problem, the government could send an EAD (for free) to the applicant 160 days after the applicant applied for asylum. The EAD would have specific notation(s). For instance, it could say something like “only valid with DHS authorization” or “verification of employment authorization should be done quarterly or semi-annually”. Remember that there is supposedly a functional E-verify system? If the application for asylum is denied, the employment authorization would also come to an end and the EAD becomes invalid. Just the same like if your GC is revoked, your authorization to work also comes to an end. If the asylum applicant decides to appeal to the BIA, then the client would need to submit an application for EAD renewal and wait for the approval. But, since a referral is not necessarily a denial, the EAD should be valid from the 160 days since the application was submitted until the applicant’s case is denied by an immigration judge. It’s time these people start thinking outside of the box and start being creative to fix some of these problems. The issue here is that they don’t want to fix these issues as things can become political really quickly. Unfortunately, asylum applicants are caught up in this political corruption.
I agree 100%. Most of the problems we see these days are easily fixed. It’s just that USCIS (and EOIR, DOJ, DHS, etc.) have no interest in fixing the problems. Take care, Jason
@Tina
Hey tina you got any updates about your pending i-485?????
Hi Asylee,
This forum would be the second to know if I hear anything😊
Funny thing is, Medical RFE was requested in less than 2 months and it’s been 3 months since I responded.
Maybe I am being punished for taking too long to respond ( 2 months).
I tried to do a service request, but was kicked back – ” within normal processing time”.
Listen, this asylum journey has caused me so much stress, so I have stopped paying attention to the green card issue.
The day I hear from them, I hear from them.
For now, I am an asylee, capiche???😊
And I hope I have not just responded to the troll, because he/she/they goes/go by so many aliases
I agree that this should be the rule, but it is not the rule. If the 540-day extension ends, you are not legally eligible to work. It is very surprising that the EAD renewal is this slow. I think you need to call USCIS and explain that you will lose your job and that it is an emergency – they need to renew the EAD. This is essentially an expedite request, and I did a post about that on January 29, 2020, which gives more detail. But basically, you need to call USCIS (800-375-5283) and try to reach a person, which is not easy, and then ask them to process the case. Good luck, Jason
I did request expedited processing recently twice, but it was rejected on both the occasions.
Hello Jason,
I have depends on my husband’s case sine 2017, but right now I am processing divorce with my husband, do you think if I can file a new case for I-589? Also, my new case is for new or will be backlog case same as my husband’s? Thank you very much for your time!
Best regards
Vivian
Hello Jason,
I have depends on my husband’s case sine 2016, but right now I am processing divorce with my husband, do you think if I can file a new case for I-589? Also, my new case is for new or will be backlog case same as my husband’s? Thank you very much for your time!
Best regards
Vivian
If you want to file for asylum, you should do that before the divorce or as soon after as possible. If you wait too long after the divorce, you may become ineligible for asylum due to the one-year filing bar – I wrote about the one year bar on January 18, 2018, but basically, as long as you are legally married, you have some type of status here (asylum pending). Once the marriage is legally ended, you no longer have status, and if you do not file within a month or two, you could be barred from asylum. The safest bet is to file before the divorce is final. The process to file is different, since you already have a case – you will probably need to file at the Atlanta Vetting Center, and I highly recommend you talk to a lawyer to get some help with this, as it is a bit confusing. There are some instructions on the I-589 web page, which you can find at http://www.uscis.gov. Take care, Jason
Good day, Jason.
Just 4 quick questions. 1) Would you recommend that the applicant take his/her lawyer with him/her to the N-400 interview? In other words, are there any benefits to having the lawyer in the room when you are being interviewed by the USCIS officer? If there are, can you kindly say what they are? 2) Can the lawyer go in the interview room with the applicant? 3) Does the officer ask every single question on the N-400 application? From your experience, what would you say is the average time spent in the N-400 interview?
PS: we’re assuming it’s an asylum based N-400.
Thank you!
If you don’t have any criminal record then you don’t need hire lawyer at all. My case was so simple and quick, as long as you have nothing to hide. Good Luck
Hi former asylee
May I ask how long it takes to get your interview after applied .
Thanks for the response
1 – If there are no problems with the case, I do not think having a lawyer at the N-400 interview is very helpful. It does prevent the officer from being a jerk, but most officers are very nice, and so this is only rarely an issue. However, if there are difficulties with the case (long absences from the US, criminal or immigration problems), then having a lawyer might help. 2 – Yes. 3 – No, but they go over most of them. If there are no issues, such an interview can take less than 1/2 hour. I do recommend you look at the N-400, I-485, and I-589 to make sure dates, address and employment history, membership in organizations, etc. is consistent. If not, you may want to talk to a lawyer about that before the interview, as any inconsistency will need to be explained. Take care, Jason
Thanks, Jason and Former Asyler for your responses.
Dear Jason,
I have 2 questions and I would appreciate your answer:
1. Should the attorney’s name be filled in as the preparer of my immigration forms (I-485 or I-765) if I have an attorney and attached a g-28 form to my application? My attorney says it is not necessary for his name to appear as the preparer of the forms when we have g-28 attached.
2. Is it still needed to fill N/A in all the boxes that do not apply to us on the forms or it is fine to skip them and keep them blank?
Thanks.
1 – I have always put my names on the forms that I have prepared. Also, as far as I remember, the form requires that whoever helps prepare it should include their name in the appropriate part. 2 – The policy of rejecting forms for failing to write N/A has been revoked, but there is no harm in writing N/A if you think it will help clarify the application. Take care, Jason
Hi Jason,
My EAD card expired in may, filled for extension in January and got extension receipt for 180 days.
My employer just sent me a message stating my card expires in November pls how do I go about telling my employer that it’s been extended for extra 360 days when I don’t have a receipt or any card to show the new validity.
Thank you
I did a post on May 11, 2022 with links to the USCIS website, and these links explain that all EAD cards are extended by 540 days, even if the receipt only says 180 days (as long as you filed before the old card expired, which you did). Take care, Jason
@Jaddy, does your employer know you r asylum seeking ? and your EAD is an asylum-based EAD ?
@Jason, I think the laws are so clear about this issue. It’s just the employers don’t seem to want to hire an individual with such precarious status (they can, they just don’t want to)…They might worry that, oh what if your asylum EAD renewal is denied or what if your asylum is denied and you need to leave…They may not want to hire or continue to hire somebody if they are worried that they might be unstable…so not wasting training resources and costs…
It is totally understandable. And because it’s at-will employment, I don’t see anything that can be done about this situation…and of course the employers will not admit it…they usually not hire or discharge you with pretexts…
So, Jason you said that most of your clients get jobs. Do they mostly hold professional or retail jobs ? Like, I am at my wits’ end.
@all, fellow pending asylum seekers, are you able to do hold professional jobs ? When you are finding jobs, do you reveal your immigration status ? and when do you reveal your immigration status if you do (interview stage ? offer ? I-9 ?) And how did you frame it (asylum pending ? /I have a ead, no sponsorship needed/it’s renewable every 2 years) ? And after you tell them, what’s the employers’ reactions ?
I have so many failed job interviews because of this and I am anticipating some firing for some people as long as they complete their I-9…I don’t want to waste my money on job hunting if I know it can’t work out, I want to find the ones that can work out…Please feel free to share your experience !
My clients hold different types of jobs – from Uber and Amazon warehouse to professional positions. It is certainly more difficult to get a job when you are not from the US, may have language barriers, and do not have a big network of people to help you. I know many of my clients struggle, but if they are persistent, they usually get a job. Once you have your first job here, it becomes easier to move to another job. Some non-profits are devoted to helping asylum seekers and others find employment, and you might try to ask them for help. I did a blog post on September 22, 2016 with links to non-profits by state. Maybe some of those have services that would help. Take care, Jason
Thanks Jason 🙂
Hi Jason,
My marriage based i485 status is Case Is Being Actively Reviewed By USCIS. That being said, can you tell me how long will it take to get the actuall interview?
Thank you!
It is not very predictable, but we see most interviews for people who marry US citizens in maybe 10 or 12 months after filing. Take care, Jason
Do cases in removal also has wait of one year for interview when marry to a citizen?
It is probably about the same, though sometimes, it seems to be a bit slower. In the past, you could try to ask the DHS attorney to contact USCIS and try to move things along more quickly. I have not seen this for a few years, but maybe you can try to ask if you have any contact with DHS. Take care, Jason
Thank you for your reply. What if I get the asylum interview scheduled before the marriage based one and the outcome of the interview will be negative like not to grant me the asylum? Would the negative outcome of the asylum interview mean that I lost chance for the marriage based interview with the USCIS office and will be sent to the IC? Thank you.
If you were referred to court, you could still get a GC based on the marriage. However, it is more complicated and you would want to talk to a lawyer. In most cases, once the I-130 is approved, the court will dismiss the case so you can adjust status with USCIS, but it depends on the specifics of the case and you should discuss that with a lawyer. Hopefully, the marriage case will just be approved before the asylum case is processed. Take care, Jason
Interviewed June 1st.
Tomorrow will be 5 months waiting for a decision. Is this normal! I thought with the new rules decision are made faster 😰 Is this a positive sign?
How long are todays decision taking?
Also I Renewed my EAD in February 4 months before my current one expired, haven’t got it yet, is this normal too?
It is common to wait many months after the interview to get a decision. You can inquire about the decision – I wrote about that on March 30, 2022. As for the EAD, that is normal. If you filed to renew before the old card expired, you received an automatic 540-day extension of the old card. I wrote about that on May 11, 2022. Take care, Jason
Why immigration attorneys association when meeting with the board or UScis tell them LIFO is not working and unfair to leave people waiting for years in backlog?
Also, can suggest they do asylum per country (similar to India/China for EB visa they have their own backlog and rest of the world in a backlog), for asylum they can separate south america countries and people who come thru borders, Ukraine, Afghanistan, etc.
🤣
Do you think people who come “thru borders” suffer more and need to get it done faster, or do they lie more, and deserve to be exposed sooner, than people from Southern borders?
I am Ukrainian, and would definitely benefit from having it in your proposed order since I’ve been waiting for over 7 years for my interview. But I don’t think this approach will really solve anything, and it will just make the process even further unfair than it is now.
For EB it makes more sense, because people who apply for EB cards do not have any fear of prosecution, or fear of returning to their home country, so if they aren’t is happy with the process, they don’t have to move forward with it.
Applying for asylum is a completely different story, oftentimes people do not have any other choice or option.
So do you suggest just making easier life for some people over others, or should we improve the whole asylum system?
USCIS thinks that LIFO helps deter frivolous cases, which I think is wrong. But we have been trying to get them to abandoned LIFO or at least devote more resources to older cases. So far, this has had some success – they supposedly hired 80 officers to deal with older cases, but we have not seen much impact from these officers and it is not enough, given that there are more than 540,000 pending cases. Take care, Jason
Hi Jason,
Thank you for all you do. I have a quick question; how long does it take for an asylum case withdrawal to be approved? I applied for asylum about 5 years ago, but I’m married now and have my GC, and I also sent a request to USCIS to withdraw my asylum, but I haven’t heard anything from them in that regard for some months now. How long does it take for them to withdraw a case and notify the applicant? Thanks for your feedback.
It varies, but it could easily be 3 or 4 months or longer. We send such requests to the local office by email – you can find their email if you follow the link under Resources called Asylum Office Locator. You can email to that same office to follow up. Take care, Jason
Jason,
Finally they closed my case today.
I had written and shared my EB2 story before under one of your March 2022 post.
Since March, I was sending emails to ZAR to close my asylum case after getting my EB2 green card but instead of it, they invited me to the interview.
After after 7 month! and more than 5-6 emails to ZAR office and sending my request and documents hard copy to their mailing address, they finally administratively terminated my case!!!
I think this can be end of this chapter of my life and for sure you’re one of the most impressive people that helped me a lot in this journey, even without knowing each other in person.
I just want to appreciate you again and pray blessing for you and your family.
Thank you million times.
Hey Alex,
Congratulations brother,
Would you mind sharing your EB2 process step? I am planning to try my luck and the lawyers fee is crazy😅 I Wana do it by myself and give it a try😊
Thank you for the kind words and Congratulations on finally resolving your case. Withdrawing a case is usually much more annoying than it ought to be, but I suppose there is no reason that withdrawing a case should be different than any other aspect of the asylum process. Anyway, Congrats and best of luck in the USA! Take care, Jason
Thats good news!! Was the EB done through Adj of status or counslar, if firmer please share the trick to adjust while out if status/pending asylum m. Thanks and congrats!
Thats good news!! Was the EB done through Adj of status or counsolar processing , if former please share the trick to adjust while out if status/pending asylum m. Thanks and congrats!
Hi Jason, My EAD is up for renewal about 6 months from now(first time in the mew administration). Had a couple of questions.
1. Do we still write N/A next to empty boxes and fields?
2. Do we still send the Biometrics fee or that’s not required anymore?
1 – You can, but this is not required. 2 – You should check the instructions to be certain (for form I-765, available at http://www.uscis.gov). For renewals for category c-8 (asylum pending), the biometrics fee should not be required. Take care, Jason
Hi Jason,
One of my friend was given PD at Santa Ana court and he filed an appeal. I wanted to know what would be the process after that? Is it possible that BIA can grant case on appeal or it will send back to the court for hearing? In case if it sends back, does it goes to the same judge/court or it could be different?
Thank you
Normally, PD means that the case is dismissed and a person should only receive that if the person agrees. If not, I am not sure how appealing the dismissal will work. If the appeal were to succeed, the case should be sent back to the judge to make a decision on the merits of the case. Normally, the case goes back to the same judge, but if the judge acting improperly, you can ask that the case be sent to a different judge. Take care, Jason
Don’t forget about the war in Ukraine, which is creating a privileged subset of asylees from Ukraine and Russia itself. Its like so many countries are becoming failed states that America even with its own internal political issues and weakening democracy still remains the beacon for many. Personally, I believe like there is some kind of sick/twisted experiment going on here where lives are being played with.
What the policiticians need to understand is that people are always going to want to come here to seek a better life: whether it is to be who they want to be, escape poverty, abuse, better career, lifestyle, create great businesses and companies. With the advent of social media and cheap access to smartphones, data plans, people in many countries and continents see what American’s enjoy and want that, too. They want to stop living in the corrupt country where politicians hoard money, don’t fix infrastructure, send their wives and kids to first world countries to live and go to school and do nothing for the betterment of their countrymen.
However, I think reform needs to be more targetted. I don’t think everyone who comes here is the classical ‘asylee’. Its being diluted a bit too much by some persons who are just taking advantage of a situation. I can point out one particular group: Indians. Recently, the CBC network produced ‘Fifth Estate’ covered the story of an Indian family who flew to Canada then tried crossing the border into Minnesota in winter ended up freezing to death. That family was not escaping persecution, poverty, violence, war or any threat from the state.
The network visited the surviving family back in India to get answers and it revealed a lot about what the father was trying to do, he just wanted an opportunity for his family to achieve something out of life. A man in their village said if the US opened their doors to that region of India tomorrow, 100 million people would up and leave. Its the same for other parts of the world. I don’t think that would be fair to system here.
Another issue for me personally is assimilation. I love culture, but what made America attractive to me is its own unique identity and distinct culture. The live and let live philosophy, the ability to work hard, to follow a standard template of way of life regardless of your background. You don’t alter anything based on your religion or customs.
If people are still gonna choose America as their escape, I hope they are still gonna respect the distinct culture and assimilate into 100%. Yes, your culture is important too, but you are not gonna come here and have a problem with a woman boss, a gay co-worker, don’t know when to join the line, say please and thank you, don’t try to force your religion on anybody.
Also, I think some who are more likely to identify as economic migrants could be given a different status. Maybe that’s some form of TPS and let those who really meet the classical asylee do get the chance to prove their case in a timely manner.
I have not seen data on Russian or Ukrainian asylum seekers, and I suspect the numbers are not very significant. Such people do not have priority over other asylum applicants, though (Afghan evacuees are the only group that has priority over other applicants, as least as far as I know). In terms of assimilation, it seems these days that American culture is to force religion on other people – we are seeing it in the backlash to LGBT and abortion rights, but it is nothing really new – we forced religion and culture onto African slaves and Native Americans. I do think that overall, we have been moving in a positive direction on pluralism issues, at least until recently. How immigrants will ultimately fit into the “culture wars,” I am not sure, but I hope they will be a force for diversity and respect of others. Take care, Jason
Hi Jason. My a friend from political back ground crossed Maxico border and since 10 days he is in a Dention Center in Texas. Kindly guide the next process abd all procedures that how he can come out from Detention Center? Thank you.
It is not possible to explain the whole process here. It would be very helpful if he had a lawyer to assist him. Some people get released easily and for others, it is difficult (or impossible), and if he has a lawyer to help him, it may increase the chances that he will be released. Also, sometimes, you have to pay a bond to get released, and maybe the lawyer can help him get a lower amount for his bond. If he cannot get released, he will have to present his case from prison at the border, and this is very difficult, so hopefully, he can get released. Good luck, Jason
Hi Jason and Community,
I have recently gotten asylum through the asylum office, almost a year ago. I am eligible to apply for a green card in December through the asylum process. But I am also in the process of getting married soon to an American citizen. I have heard that green card process through asylum is taking more than two years. Do you think it would be faster if I pursue obtaining a green card through marriage and not the asylum process? If so, can I visit my COP with the green card obtained through marriage or it would raise suspicion since I have applied and obtained asylum in the first place? Green card through marriage is much faster than through the asylum process.
THANK YOU!!
GC through marriage is generally faster than through asylum, and also, if you get your GC based on marriage to a US citizen, you are eligible for US citizenship yourself after 3 years (which is also faster than getting citizenship based on asylum and a GC). Regardless of how you get the GC, it does not erase the original asylum claim, and so you need to be careful about returning to the home country – if the trip causes the US government to believe your original asylum case was false, it could create problems. I wrote about returning to the home country on January 6, 2016. Take care, Jason
Hello Jason,
Hope you’re doing good.
I have a question to apply the citizenship.
In my greencard the validity period from 10/06/2019 to 10/05/2030. So when I can apply for citizenship.
Thanks,
Writer
Unless you got the GC based on marriage to a US citizen, you can apply for citizenship 5 years after the date on the card, and you can mail the application up to 90 days before the 5-year anniversary, so that would be about mid-July 2024. Of course, you also have to meet the other requirements of citizenship, including physical presence in the US and continuous presence in the US. The N-400 form, available at http://www.uscis.gov, has info on the requirements. Take care, Jason
Hi Jason!
I recently moved to a new location (in the same state) and my ID has an old address. If I am going to send the documents to the USCIS to renew my EAD, would I get rejected based on the fact that I have my old address in ID, but I ask USCIS to send that EAD to a new address?
Normally, there is no need to send a state ID when you apply for an EAD, so maybe you can just not include it. If you move, you should file a form AR-11, available at http://www.uscis.gov (and remember to make the address change for all pending applications). When you file to renew the EAD, use your new address and you should be fine. Take care, Jason
Hi friends, I just want to learn about your experience using the old ead + 540 days receipt.
Are you able to find a new job using those documents ? are you able to apply/renew documents like SSN or DL/State ID ?
I was fired from a job 3 days into it because I don’t have a ssn at hand, I presented my asylum ead + 540 days receipt but the employer fired me next day saying some BS reasons…
So I think maybe it’s better to get a replacement SSN (I lost my SSN card but since it’s not needed, I never renewed). But when I get to SSA. I was told that they don’t take the receipt and the expired EAD. They need a current, approved, valid EAD. Has anybody experienced something similar ?
I am going to try to get a state id next week, but I am afraid that with EAD renewal take this long…they probably also won’t accept these combinations…Please let me know if you are also have these issues. I feel like the only one.
You are eligible to work with the old EAD and the receipt, and so the employer is in the wrong if they fired you for having an expired work permit. Whether you would have a case against the employer, I do not know, but my clients are able to work with the EAD and the receipt. Take care, Jason
Thanks Jason for your feedback. It’s just everywhere. Happened multiple times. The employers are more sophisticated than that obviously…the person told me that they don’t want to email me their action, they want to deliver this news in person 🤷♀️…I can’t imagine I will be able to sue every single one of them…cause, like you said, it is wrong and it’s too many …but hard to prove. More likely, they may think my asylum seeker status and work permission is not stable so they don’t want to hire…
I will move on. btw, are your clients getting a new job ? or maintaining a job ? cause I feel it’s probably easier to maintain one…
I have not heard about my clients losing jobs – they seem to use their EAD and receipt to continue working. Hopefully, you can just find something new. Take care, Jason
Thanks Jason,
and just like one of your blog’s title,
I also just want to now “AHHHHHHHHHH !”
Sadly, I feel that way every day…
I wasn’t able to renew my DL in Houston, Texas with expired EAD and a receipt. The DMV said they couldn’t verify my lawful presence. So USCIS is supposed to verify me through SAVE system. I am waiting for a month now and I’m getting more desperate everyday. Because it is hard to live without an ID.
Oh no I am sorry to hear that :(. Are you still able to keep a job tho ?
@Jason, do you think the significant EAD renewal delay will be a one time thing with this 540 day receipt ? Like I am worried this delay will happen every time and complicate the ids and other things.
I do not know, but one of our clients just had his EAD renewed in a month or two, so maybe that is a positive sign. Take care, Jason
That seems very wrong – I did a post on May 11, 2022 with some USCIS links, which show that the status is extended by 540 days (even for people whose receipt says 180 days). Maybe you can print those and bring them to the DMV, and ask for a supervisor if they still refuse. Good luck, Jason
Yes, thank you for your hard work Jason!
I’ve read that article that’s why I came prepared to the DMV with a printout. Talked to the supervisor, even went to a different location but they refused to renew it anyway.
But at least I was able to keep my job. So I guess, I will have to wait for a little while.
Maybe it has something to do with Texas. It might be worth reaching out to an immigrant advocacy group about this, or maybe the ACLU. I did a blog post on September 22, 2016 with links to local non-profits – maybe one of those can help, or maybe they would consider a lawsuit if other people are also having the same problem. Take care, Jason
I don’t see them updating the registry date (last time was during Reagan) anytime soon, there’s not enough Republicans who’d join the Democrats for “amnesty”, especially with how things are especially divided ana hyper-partisan.
Hi Jason,
My asylum court is next month and my therapist won’t be able to testify in court at that date. She was supposed to be there but something came up. In your experience, do you think that would affect negatively my case?
My lawyer submitted documentation, records and declaration from the time I was in treatment with her. Written and signed by her.
Thank you!
In general, I think testimony from therapists is not very helpful to asylum cases. It depends on the case and on the specifics, but documentation indicating the psychological harm and the fact that you are receiving regular treatment would normally be enough. Also, I am not sure if it is an option, but it is often possible to testify by video, and so maybe the therapist could do that, as it is a lot easier than going to court. Take care, Jason
My claim is based on LGBTQ persecution. I missed the 1 year deadline bc I was suffering from PTSD.
There is an exception to the one-year filing bar for “extraordinary circumstances.” You can argue that you were unable to file on time due to the PTSD. This is not generally an easy exception to satisfy, and so if you can get evidence (such as a psychological report), that may help. I wrote more about this issue on January 18, 2018. Take care, Jason
While my asylum case was pending, I did go through therapy through a local organization and I believe this was used by my lawyer. So, it can be helpful.
I think the fact that a person goes through therapy is useful evidence of psychological harm. However, I think most reports from therapists are not very useful. This is especially true for reports where the person met with the therapist for an hour and the therapists then wrote a report about PTSD or some other harm. I just don’t buy these reports. Where the therapist has worked with the person over a period of time, I think the reports are much more legitimate. That said, there are lawyers who think therapists reports are effective and so they would disagree with me. Take care, Jason
I hear that some members of Congress are working on what’s called Green Card through “Registry”, for people who have stayed in States for over 7 years. Do you think there is any chance that would actually pass? Because at this point (after waiting for an interview for 6 years now) that seems like the best bet for me. I don’t really know what else is there…
@miller
That’s fake fake news buddy and the bad news that republicans will back in charge again from next month so no immigration laws will pass sooner or later so forget about these dreams my man
I have not heard about that and it does not really sound realistic, given how unwilling Congress has been to pass Comprehensive Immigration Reform. Of course, you never know, and once in a while, things happen quickly. Take care, Jason
Hello Jason,
Thank you for your update on asylum backlog. I recently applied for refegee travel document. How long it take to get the refegee travel document?
Thank you
You can check processing times at http://www.uscis.gov, but lately, it seems to be about 6 months or longer for our clients (it used to be faster – maybe 3 or 4 months). A number of application types are moving more quickly, and so hopefully, it will be faster than 6 months. Take care, Jason