I wrote last time about recent updates from the Asylum Division. Here, I want to focus on one element of those updates: How the Asylum Offices are dealing with asylum applications from Afghan evacuees.
Since Afghanistan fell to the Taliban in August 2021, about 88,000 Afghans have been evacuated by the U.S. government and brought to our country. These are generally people who cooperated or worked with the United States or the prior Afghan government, plus their immediate family members. These Afghans would be at risk of harm or death in their country due to their affiliation with the United States or the prior government of Afghanistan.
Ideally, we would have brought these people here and given them permanent status, so they could feel stable and safe, and so they could start rebuilding their lives. Unfortunately, that is not what happened. A bill to regularize the status of Afghan evacuees–the Afghan Adjustment Act–has stalled in Congress, and so the evacuees are left in limbo, not knowing whether they can stay or whether they will have to leave. As a result, many evacuees have no other option but to seek asylum. This situation is absurd and insulting, and–adding injury to insult–the Asylum Offices are mishandling the Afghan’s applications.
Let’s start with the data. Between August 2021 and September 2022, the Asylum Offices received 7,100 applications from Afghan evacuees. Some applications include more than one person (spouse and children), but we do not know how many. Congress has mandated that Afghan evacuees be interviewed within 45 days of filing and receive a decision within 150 days. As of September 19, 2022, the Asylum Offices have conducted interviews in 2,900 cases.
The Asylum Division notes that, “Over 99% of these cases are completed within the 150 days mandated by Congress, absent exceptional circumstances.” That phrase–absent exceptional circumstances–is an exception that likely swallows the rule. In my experience, very few evacuee cases are interviewed within 45 days or decided within 150 days. It does happen, but it is rare, and so I suspect that almost all cases involve “exceptional circumstances” and that few cases are actually completed within the time frame mandated by Congress.
Of the cases completed so far, the Asylum Division notes that, “we have an approval rate of 99%.” This is good news, though it would be better news if we had some idea of how many cases had actually been completed. It also begs the question: If nearly all evacuee cases are being approved, why do these Applicants need to be interviewed at all?
One answer is that interviews and background checks are required by law. But the law does not specify how extensive the interview should be, and my experience has been that interviews often take several (or many) hours. This seems like an unnecessary use of Asylum Officer time and also places a heavy burden on applicants to prepare and present their cases (and to hire lawyers). The Asylum Division does not believe that evacuee interviews are too extensive–
While it is true that some interviews are taking longer than average, these lengthy interviews are happening for several reasons, including complex and extensive history of engagement in armed conflict and applicants’ lack of awareness of the asylum process and the extent to which we expect them to articulate their claim. These interviews are not inconsistent with interviews of individuals from other countries with similarly lengthy and complex histories.
I disagree. In my experience, Afghan interviews tend to focus on irrelevant details (Could the police during the pre-Taliban era protect you from terrorists? You have a well-founded fear of harm based on political opinion, but let’s explore whether there are other bases for your case). Given the (allegedly) very high approval rates, it seems to me that any Afghan who was evacuated by the U.S. has a well founded fear of persecution. The only questions worth exploring are whether any bars to asylum apply (firm resettlement in a third country, terrorism or criminal bars, one-year filing bar, etc,).
Also, what’s with the victim blaming (“these lengthy interviews are happening [due to] applicants’ lack of awareness of the asylum process and the extent to which we expect them to articulate their claim”)? What claims do these Afghans need to articulate? Any human being who was evacuated from Afghanistan to the U.S. would be in danger if she returned to the Taliban. I am not sure what else needs to be said.
Despite my criticism, I have some sympathy for the Asylum Offices. They should not have to clean up this mess. Congress should have granted status to Afghan evacuees a long time ago. But since that has not happened yet, and the burden has fallen on them, the Asylum Offices should adapt their policies to more efficiently get through these cases. If they could exercise more flexibility in adjudicating these applications, the Asylum Offices would help fulfill our commitment to our Afghan allies and would also free up time to interview other, non-Afghan asylum seekers, including many who have been waiting in limbo for years.
Hello Jason,
I hope that you are doing well.
I am filling out The USCIS e-request form regarding did not receive notice by mail. I wanted to confirm these two questions before i submit it.
Date Filed (MM/DD/YYYY).
1. What does date filed mean? May i know if it means the date uscis received my application
Provide Last Action on Your Case
My USCIS case status shows the following below:
Case was sent to the department of state. On April 30, 2022 we sent your case Receipt number *********** to the department of state for visa processing.
2. May I know if this is the last Action on my case
Can a type this in the box
On April 30, 2022 we sent your case Receipt number *********** to the department of state for visa processing.
Thank you very much for your assistance on this
I hope answers to my two questions.
Thanks
1 – Normally, there is a date that the application was received (or priority date, depending on the application) and that is on the receipt. If you do not have a receipt, I guess you will have to estimate. 2 – I think whatever happened last, but if the case was sent to the State Department, I do not know that you need to inquire with USCIS. I guess I am not sure I understand the question. Take care, Jason
He is reportedly going to announce his 2024 bid tomorrow…What if he is re-elected… I am concerned about his policies that will severely hurt the asylum community…Please advise.
In my experience, the Biden Administration has been a disaster and it is worse now than it has ever been. So at this point, I am just trying to stay afloat and a potential future Trump Administration is not really on my radar. Take care, Jason
Okay. Will revisit later.
Hi Jason, I have a refugee travel document and need to travel urgently to a third country, can I use my COP passport to enter to third country which is visa free on that passport and use RTD when get back U.S?
What is the risk involved in this and does the risk involve at the US immigration or later when I apply for greencard so I need to disclose on the form that I use my COP passport after granted asylum.
Plz explain it to me what you can suggest.
Big thank you!
I did a post on this point on May 25, 2022 and that might help. Basically, you can do that and it is unlikely to have any effect, though you should be prepared to explain why you used a passport from a country that wants to harm you (obviously, this is much less of an issue if you fear non-state actors as opposed to the home government). Take care, Jason
Hi Jason thanks for responding I will be ready to explain why I used it and also big fear on my mind is that this question which is why you used your passport come from immigration at border port of entry or it comes when I will apply for greencard or citizenship on the written form filling?
Thank you
It can come at any of those points. For what it’s worth, I have had many clients who used the passport after winning asylum, and while a few have been asked about it, no one has had any real problems. Take care, Jason
Ok sir thank you for your courtesy to answer all questions I had.
Have a nice weekend.
Jason, can you please elaborate about your clients being asked about using their passport to travel abroad?
Were those clients already LPR (green card holders) or still asylees when they were asked?
At what time were they asked: when re-entering the US after a trip, during the green card application or during the naturalization process?
Thanks
I think they have been asked from time to time at all of these phases. I don’t remember specifics about this, though I do know that no one has ever had any real problem. I think the most common place to get this question is the asylum office. During a naturalization interview, I remember them pointing it out, and also asking about travel to the home country, but there was never anything beyond that. I do think it is important to be prepared for questions about this, and if you can answer, you will most likely be fine. Take care, Jason
Thanks for the reply Jason, much appreciated.
I am still confused: when you said that “they pointed out” during the naturalization interview, do you mean they pointed out the fact of using their national passport to travel to a third country or the fact of going back to the home country?
I have no plans to visit my homecountry but I want to travel to third countries on vacation using my national passport (that is still valid and I never renewed after the grant of asylum). Using the RTD became very challenging giving the 1 year validity, long processing time and need t request visa to pretty much everywhere.
Thanks
Honestly, these are things that happened many months or years ago, and so I do not remember details. I do remember once when an officer talked about the asylum case and the passport, but it went no further. Other times, they have noted the new passport, and this has happened at asylum interviews too, but no one has had a case denied or even faced very tough scrutiny on this point, at least not of the case I have worked on. In short, be prepared to explain why you used the passport and you should be fine. Take care, Jason
Thanks again for the reply Jason.
My case is not a direct persecution from the government (and regardless there is a new government in power since I applied for asylum) so I believe it will be easy to explain why I feel okay using the passport to enter a third country. I will also explain that the short validity of the RTD + long processing time were making it almost impossible for me to use the RTD.
My only fear is that there is no compelling reason for me to travel (like family emergencies, sickness, death), I just like to travel on vacation.
What do you think?
Thanks
I think the explanation is the more important piece. The reason for the travel is not so relevant. Take care, Jason
Hi Jason,
how many days before individual hearing the attorney must send updated i-589 or supplemental documents?
thank you so much.
Unless the judge issues an order with a different schedule, everything is due 15 days before the Individual Hearing. Take care, Jason
Thank you so much, and usually how many days a head of individual hearing judges order to reschedule if he or she wants to?
That is not predictable, but generally, it is not common for judges to reschedule. The “system” has been rescheduling and advancing many cases, causing total chaos and destroying due process of law, but I do not think that is related to individual judges rescheduling cases. Take care, Jason
Hi Jason,
One of our known church friend just passed away and he was a pending asylum case since 2016. He left his spouse and children. Do you know what they need to do at this moment for their legal status here?
Thanks!
Dina
I am sorry for your loss. If he was the principal applicant, they need to re-apply as soon as possible – I wrote about this issue in a post on January 26, 2022 (look at the second half of the post for this situation). If the spouse (who is still living) was the main applicant, then nothing needs to be done about the case. Take care, Jason
Hi Jason,
Thank you for help, I have a question I applied for I-730 for my family it’s has been 2 months since and I didn’t yet receive the receipt do you have any idea how long will I receive the receipt. Thank you
Receipts for many applications have been slow lately, but I would have expected a receipt by now. Make sure you sent it to the correct address and that you correctly listed your address on the forms. I would maybe wait one more month, but if there is nothing, I guess you can send it again with an explanation that the first application disappeared. You can also try calling to USCIS (800-375-5283) to see if they can help, though it is not easy to reach a person. Take care, Jason
First, thank you! hope everything is fabulous!
SEcond, I ve experienced some trouble need your professonal help. My previous landlord declined to return me the deposit, when I asked for it at the front of the door, she told me she already sent me the check. After I got home, she told me she called the policeman and reported that I trespassed her house and broken the glass and I got a arrest case number. The other day, I went to the police office and told them what happened, the policeman gave me another case number. I’m confused if I now have any case in report and does that affect my case of asylum court next year??? I know the case is totally civil issues but pls pls any advice is appreciated!
Unless there is a conviction, or at least an arrest, I do not see how this could affect your asylum case. So I think you are fine, at least with regards to the asylum case. You might look into a lawyer to get your deposit back. Sometimes, just sending a letter from the lawyer is enough. Take care, Jason
Hi Jason, thanks so much for your help & answers here, my asylum case has been pending for slightly over 6 years now, i applied for EAD renewal in July 2022 (current card expires September 2022) previously i would get the renewed card within 2 months of applying, now i hear it ‘takes a long time’ any idea what the long time range might be, any idea when i could be expecting the renewed card, i just got certified for a new role and new job but im unable to apply for a new job because i dont know how to explain the expired card and the 540 day extension on a piece of paper that does not exactly explain that, am i truly stuck until i can get a new card and any idea how long this renewed EAD takes now?
The renewal could easily take a year, though we recently had a renewal that took only a few weeks (we were in shock!). In terms of the 540-day extension, that does make you eligible to work since you applied to renew before your old EAD expired. I wrote about this (with links to USCIS web pages) on May 11, 2022 and maybe that would help. Take care, Jason
Same here !!! Another data point.
I would like opinions about this as well.
@VIOLA, I want to ask about the scope of your employer’s knowledge. Did you share your asylum seeking status at all. Because, sometimes, when you are able to present a valid EAD, a lot more people (while still not many enough) will be able to recognize that this is a valid documentation. So they may not care about whether the code indicates asylum.
But the expired EAD + 540 receipt is too unusual to the point that many employers can’t easily recognize at the first glance….which will inevitably lead to questions..which will divert their attention to your asylum seeking status…which makes people think that you are not very stable and it’s a risk to hire you.
I doubt there will be any solution to a situation that can get a employer that can hire but chooses not to hire you…to hire you…cause it’s at-will employment and it’s nearly impossible to prove that employer not hiring you because of your EAD + 540 day receipt.
@all, has anyone successfully persuaded an unwilling employer to hire you ? i.e. they originally didn’t want to hire you, but you presented some brilliant reasons, and they changed their mind and hired you ? Any successful data point ?
Hi Jason,
I want to ask about how likely is it for BIA or circuit courts to overturn an IJ’s removal order ? From the cases I know, I rarely see BIA appeal successful, they almost always summarily affirms IJ’s decision. And I don’t often see circuit courts remand the petition for review, it seems to me the vast majorities of such appeal is denied…Is it fair to say BIA appeal success rate is 1% and circuit courts 10% ?
And how likely are your pursue those appeals ? among those appealed, how likely are they successful ?
I also want to ask, why do they appeal, if the appeal success rate is not very high. Is it because it’s the only way forward ? And for those who didn’t pursue appeal or lost their appeals, how are they handling these ?
Over the years, we win about 50% of BIA appeals, but whether a person can win on appeal or not is very dependent on the reason that the IJ denied. Federal court appeals are often more difficult to win, but it depends on the court, and in some places, federal appeals courts are likely to overturn the BIA. In short, this is all very case specific and you would need to have a lawyer evaluate the IJ’s decision and then decide how to proceed. Take care, Jason
It’s very impressive ! It’s remarkable that your office can fought with BIA to a draw. gives me hope…🥺…
Hi Jason. My asylum decision has been pending for 11 months now. My congressman inquired couple times and they replied my case is pending an additional review. What can I do? Is there a way I can get my decision issued? Thank you for your time and help!
If you were already interviewed, you can inquire directly to the Asylum Office – I wrote about that on March 30, 2022. If that fails, you can file a mandamus lawsuit. We wrote about that on October 2, 2018. Good luck, Jason
Thank you for your response. I have interviewed back in January 2022, their response for my decision is that my decision is pending for additional review. Waiting 11 months on my decision make good time to file mandamus lawsuit?
If you want, you can try a mandamus. Everything there is so slow, but it seems like people who file a mandamus usually get a decision. Take care, Jason
Hi Jason,
I have been in the US for ten years; my asylum case was approved two years ago. I applied for my Green Card, and Travel document a year ago. I DID NOT RECEIVE THE GC AND THE TRAVEL DOCUMENT YET.
Recently when I checked the status of the Travel Document, it said that ” CERTIFICATE OF NATURALIZATION WAS ISSUED” N-400. I never submitted the N-400 application. Any idea what is happening here?
Regards,
JONE:
Who cares ? Good for you them issued Certificate of Naturalization directly. Get that certificate & and grab the passport afterwards.Dont even ask them the question. LOLLLS
A similar situation happened to me. Not exactly the same, but in terms of getting something I didn’t apply for. I also have a pending green card application based on granted asylum and I applied for a travel document. But instead of a travel document they issued me a parole. I didn’t apply for parole. My attorney said they’d made a mistake, so we sent the parole back attaching a letter explaining the mistake, and now back to waiting. I think you should notify them of the mistake, ask your attorney to draft a letter-explanation.
Hi Jason,
I have been in the US for ten years; my asylum case was approved two years ago. I applied for my Green Card, and Travel document a year ago. I DID NOT RECEIVE THE GC AND THE TRAVEL DOCUMENT YET.
Recently when I checked the status of the Travel Document, it said that ” CERTIFICATE OF NATURALIZATION WAS ISSUED” N-400. I never submitted the N-400 application. Any idea what is happening here?
Regards,
Hi Jason,
I have pending asylum My EAD is expiring in Feb 2023 and I am submitting a form I765 for renewal
Documents I am including are
Filled form I765
Copy of old EAD
Copy of state issued ID
Check for 410$
2 photos
Is there any thing else I need to submit with my application
Secondly me and my wife are applying so can I send both applications in one mail to USCIS
Thanks
Najeeb
You should certainly submit evidence that the asylum case is still pending. There may be other documents needed as well, depending on the case – you should check the instructions to form I-765. You and your wife can mail the packages together, but each package should be complete, so that if they get separated, which they probably will, USCIS can adjudicate each case independently. Take care, Jason
Hi Jason,
I have been in the US for ten years; my asylum case was approved two years ago. I applied for my Green Card, and Travel document a year ago. I DID NOT RECEIVE THE GC AND THE TRAVEL DOCUMENT YET.
Recently when I checked the status of the Travel Document, it said that ” CERTIFICATE OF NATURALIZATION WAS ISSUED” N-400. I never submitted the N-400 application. Any idea what is happening here?
Regards,
No idea – be sure you entered the correct receipt number. It is not surprising that these documents have not yet been issued, as they are often slow, though I would expect the Refugee Travel Document soon. You can try calling USCIS to check what is happening and let them know about the strange message (800-375-5283). It is difficult to reach a person, but if you can, maybe they can confirm that the cases are pending. Take care, Jason
Hi Jason,
Hope you’re well! Thank you for your continuous guidance and support. I have a quick question, my asylum was referred to court since 2019, master hearing date is in April 2023. However, i got married with a USC two years ago and my I-130 has been approved, our lawyer has filed joint motion to terminate the asylum based on approved I-130. It has been 3 months but no updates yet. Is there anything we can do to speed up the process. My C08 EAD is expiring soon ( have already filed for renewal but not updates here as well, will almost lose the job based on the timing). What is the best way to contact the clerk to get an update? My father had a stroke recently and I want to visit them as soon as possible but with the these delays, I won’t be able to make it on time.
Any advice would be helpful.
Best Regards.
You can call the court and talk to the judge’s clerk. You can find the phone number if you follow the link under Resources called Immigration Court. You can also file a motion or maybe just a letter with the court requesting a decision on the motion due to the emergency with your father. Good luck, Jason
Hi Jason, thank you. I called the court per your instructions. They mentioned that they don’t see any files about joint motion under my case number. I called my lawyer and they mentioned that they are waiting for the OCC approval before filing joint motion. What does this mean? Can’t my lawyer directly file joint motion with the court? What are the chances that it will get denied if OCC doesn’t approve?
Thank you for your help.
It is much better if the OCC agrees to the motion; otherwise, it is unlikely to be approved by the judge. Unfortunately, the OCC is often not fast, and there is really no way to push them to be faster, aside from asking. Take care, Jason
Hi Jason
I am in the process of gathering my documents to apply for an AP to travel to a 3rd country to meet my ailing dad.
Attorney is charging me $750 to apply and expedite. That’s besides the $575 for the filing fee.
Can I do a walk in into the nearest FO and submit the application? Does the USCIS allow for walk ins? Am in LA.
Thanks
As far as I know, you cannot just walk in. You have to call USCIS (800-375-5283) and try to reach a person, then explain why you need to expedite, and then get an appointment (called an Info Pass appointment). This is not easy, but as far as I know, that is the only way to try to get a case quickly expedited. Given that these requests are a lot of work, for what it’s worth, I think the fee charged by the lawyer is reasonable. Take care, Jason
Hi Jason and All,
My ead is being expired on 04/20/2023. Should I apply for renewal now? Also do i have to pay for bio metric fee? I am not a member of any group. Any rule changed since January this year?
Thank you
The earliest you can file is 180 days before the old card expires. If the EAD is based on asylum pending, you do not have to pay the biometric fee for a renewal. Take care, Jason
Good evening,
Can an asylum seeker adjust status through employment? My wife’s employer is willing to petition for her but my lawyer keeps telling me that it was not possible. If this can be done, could you represent my wife? As she is s dependent on my case, can she petition for me if she gets a green card? Please advise.
I do not do such cases, but whether it is possible or not depends on the specific of the case. I wrote about this issue on August 28, 2018 and September 6, 2018 – maybe those would help. But you should have a lawyer evaluate eligibility. Maybe the lawyer did that, but if that lawyer does not do employment-based immigration, you should talk to a lawyer who specializes in such cases so you can be sure. Take care, Jason
Thank you for response. Do you know any employment-based lawyer you would recommend?
I cannot recommend lawyers here and I don’t really have specific recommendations in any case. You might start with AILA.org – they have a referral service for different types of lawyers all around the US. Take care, Jason
Hello Jason,
I have been waiting for asylum interview for 7 years. Recently, my wife who is us citizen filed me for adjustment of status. I provided all documents to my lawyer, but he forgot to write my SEVIS number in the employment authorization form. Do you think this will cause an issue in the future or during the interview for green card?
Thanks
I highly doubt it. You can just inform USCIS about that at the interview. I guess you can also try to inform them by mail or online beforehand, but it is not so easy to do this and I doubt it will make any difference, but see what the lawyer thinks about that. Take care, Jason
Hi,
I am a pending asylum applicant who is still waiting for the decision. And I want to travel outside temporarily to see my parents in a third country.
1- What is the document name?
2- What is the form number?
3- If it is I-131, what will be the application Type, as there are 6 types from (a) to (f)?
4- Under the filling fee, which one fits my case, as I did not see any mention of I-589?
3- Should I still have a valid passport from the country I fled, which I do not have, and cannot have?
4- I learned that the process may take up to 14 months, and the document validity is for one year only, will they take into consideration the starting date of the document?
Thanks,
Regards,
It is Advance Parole, which you apply for using form I-131. Only complete the general parts and the parts related to AP. The filing fee is for AP ($575). You need a valid passport to travel; AP only works to re-enter the US (like a visa); it does not serve as a travel document or passport. Processing times can be long and the validity period it variable. Try to indicate that you will travel on two different dates, at least 6 months apart. Maybe that will help you get a document that is valid for at least 6 months. I wrote more about AP on September 11, 2017 and maybe that will help. Take care, Jason
Hi,
In your response, you said to have a valid passport. But how can I get one if I am a pending asylum applicant fled my country?
Here is something, can the dependents renew their passport?
Thanks,
Principals and dependents who renew their passports may need to explain that at the asylum interview (Why did you renew the passport? Why did the home government allow you to renew the passport?). Unfortunately, for people with Advance Parole, they can only travel if they have a valid passport (people whose asylum case has been granted can get a Refugee Travel Document, which serves as a passport, though it is not accepted by all countries). Take care, Jason
Hi,
But we had our asylum interview three years and 11 month ago, and we are still waiting for the decision!!!
Thanks,
Regards,
Hi Jason, I have a quick question regarding asylum interview, is it true that Trump had ordered to hold all Iranian’s religious asylum case and Biden administration is continuing the same policy? And they are not going to schedule any interview for those cases, they just keep renewing their EAD?
Hi Nicki,
I had two coworkers from Iran, they both had their interviews one during Trump and another during Biden. They applied based on religion. I am not from Iran but from my coworkers experience I can assure you what you heard is not true, don’t worry about that. Mr. Jason has more experience with his Iranian clients and can assure you.
That is false. I have had some interviews for Iranians – they are being processed in the same way as all other cases, which is to say that they are moving very slowly, like all cases. Take care, Jason
Hi Jason and Everyone,
Please can anyone give update on Newark center for decisions and approval.
Thank you.
I have not seen any recent data about this, but hopefully, we will get some soon. As I recall (and based on my own experience), the Newark office is pretty good in terms of decisions. Time frames for decisions vary a lot by case, and so that is usually not predictable. Take care, Jason
Thank you for the response and I appreciate.
Please do you know how long i-131 AP take to process in that region when submitted?
AP tends to be slow – maybe 10 months. You can ask to expedite (I wrote about that on January 29, 2020), but that often does not work, though you can try. Take care, Jason
Hello Jason,
I have a question regarding my pending asylum status.
can I get green card through my work and keep the asylum case that is under my husband’s name? Could it be two parallel applications?
If yes what’s the process and how long does it take to get the green card? And do you recommend it?
Thanks
Yasmeen
@Yasmeen
I have close friends who are in the same situation. If main applicant gets an EB green card do they keep the asylum case going on for the sake of the derivative? Let’s hear from Jason.
If the main applicant gets a GC based on employment, the derivative might also be eligible for a GC based on employment. All this is very case specific and depends on when a person entered the US, whether they are still in status, etc. If they are not in status, they may still be eligible if they filed for asylum before they went out of status. In short, you really need a lawyer to look at the specifics and evaluate whether this is possible and how to do it. Take care, Jason
You can do both cases in parallel, assuming you are eligible. I do not do employment based cases, and the process varies depending on the type of case (EB-1, EB-2, EB-3, H1b, etc). Talk to a lawyer who does such cases to get a better idea. Also, I did a blog post discussing this issue on August 28, 2018, which might give you some ideas. Take care, Jason
Hello, i have a question, how much a head of individual hearing attorney suppose to start work on case and practicing with client?, and how much time should put for that?
It depends on the lawyer and the case. For us, we are usually doing some work many months ahead of time, but we are not really doing the heavy work until maybe a month or two before the final hearing. I would be happy to do cases further in advance, but we do not have the resources for that. We also do two prep sessions with the client, but these are in the days or week before the hearing. Take care, Jason
Hi Jason.
Thanks for all that you do for us.
I have a question: after an asylee has been granted permanent residency (green card), can he or she be deported (or having other issues) because of a changed country’s condition? For example; an oppressive government has been overthrown or a civil war has ended? Thanks
If an asylee gets a GC, it does not matter if the home country becomes safe; the person will not be returned there. However, if a person has only asylum granted status, and the home country gets better, he could lose his asylum status and be sent back. I have not heard of that actually happening, and so I think it is rare, but it is possible. This is one reason why it is a good idea to get the GC once you are eligible. Take care, Jason
Jason, Does this implies then, once you get your green card (asylum based) you can go to CoP and return with no problem?
Thanks,
If you go to the COP, even if you have a GC, there is some risk. If the return trip causes the US government to believe that the original asylum case was fake, it can cause problems. I think it is rare for them to reach such a conclusion, but it is possible, and so for anyone who goes to the COP, they should be prepared to explain why they went and how they stayed safe. Of course, it is safest to not go to the COP at all, but sometimes, people need to return for legitimate reasons. Take care, Jason
Thanks for the reply Jason.
So, in the case of an asylee who already has a green card and their oppressive home country government has been overthrown (no longer in power), can he/she use their home passport to travel to a third neutral country? The basis for that would be that the oppressive government who issues the passport is no longer in power.
Thanks
I doubt most USCIS officers would know that the government has changed, and so you may need to explain that to them if they ask, but I imagine it would not be a problem to use the passport. Take care, Jason
Personally (emphasis on “personally”), I don’t think Afghan asylum seekers should be treated with priority over asylum applicants who applied 3, 5 or even 6 years ago. The fact that the US withdrew troops from Afghanistan is, or should be, irrelevant to asylum laws, practices and procedures. There is no justification for them skipping, or disregarding, people who have been waiting for almost a decade. The seriousness of Afghan asylum seekers’ persecution is no different from the asylum seekers who fled their COP and applied for asylum years ago. The idea of expediting Afghan asylum applicants’ application for asylum was implemented as a political strategy (which is unrelated to international and local asylum laws) to avoid embarrassment and humiliation on the current administration’s part. In reality, this political strategy does not seem to be working- and we are not talking only about the limited resources and staff (un)available- as the net seems like it was unintentionally too widely cast- that means that “one and all”, including the very people who legitimate Afghan asylum seekers are running from, can claim that s/he is a refugee/genuine asylum seeker. Thus, DHS, for the most part, is unlikely to issue a quick decision on many of the Afghan cases since their background check (usually) requires extra scrutiny.
As a matter of policy, I agree – Afghan evacuees should not get priority. It makes no sense, especially given that other Afghans, who may have been waiting for years already, are among those pushed aside. This is not the fault of the asylum offices, of course, but given that they have been stuck with this task, they should take a more efficient approach. Take care, Jason
Hello Jason,
My asylum was granted in May 2022. I have a trip planned to Puerto Rico with my wife to celebrate our 15 years anniversary but I have some concerns because we have not applied for Refugee Travel Document. So, my main concern is what will be our situation in case of an emergency landing in a 3rd country like Bahamas or any other island? Our flight will be a non-stop flight from Tampa to San Juan, but we are leaving our daughters at home and we don’t want to take any risk of inadmissibility if something happens.
Any advice will be highly appreciated.
Thanks,
JJ
If you ended up in a different country, it will be a major issue, and so if you think that is possible, maybe you want to plan a trip that is safer or wait until you have the RTD. That said, it seems pretty unlikely that you would be diverted to a different country, and I have had many asylee clients visit PR with no problem (except maybe a bad sunburn). Take care, Jason
Hello Jason so I completed my asylum interview a week ago and afterwards the officer gave me a pick up letter to come pick up my decision after two weeks which I was excited but skeptical Because I know I am more than 150 miles away from the office, to my surprise I got a call from the officer saying decision will be mailed out , has anyone ever experienced such?
This is very common. At least for my clients, the majority of “pick up” decisions are changed to “mail out” decisions. In a sense, you were lucky, as sometimes, the person does not get a call in advance, goes to the asylum office, and only then learns that the decision is not ready. In any event, this is normal and is not a good or bad sign. The problem is that it is impossible to know how long you will wait. We are getting a few decisions in less than two months, but many of our clients have been waiting 4, 5, 6 months or more for their decisions. If there is nothing in a few months, you can make an inquiry – I wrote about how to do that on March 30, 2022. Take care, Jason
Thanks Jason hopefully I get my decision sooner, will definitely keep you posted, after 8yrs of waiting for an interview I don’t deserve any delay .
Jason, could you do a side-by-side comparison of Asylum progress under Joe Biden vs Donald Trump? I am not a fan of Trump, but I gotta admit, I felt like things moved at a faster pace under his presidency for better or worse. But since Joe Biden came into office, everything has gone glacial or stalled in some areas. I felt the tale of it with my green card.
Part of the problem is Covid – that dramatically affected how many people could be interviewed, and while that did affect the latter part of the Trump Administration, it has affected the Biden Administration until very recently – maybe in the last month, the Asylum Office is working at a higher capacity, at least in Virginia. I have written about the situation in Immigration Court, where the situation is far worse now than under Trump, at least for my clients. The difference is that under Trump, there were changes to the law that made it more difficult for all asylum seekers, but particularly those seeking asylum due to domestic violence or gang violence. More “traditional” asylum seekers were less affected. After Biden came in, the negative changes to the law were mostly reversed, and so I do suspect that overall grant rates have gone up. Maybe if/when they release the new statistics, I will try to do such a comparison, as I would be curious myself. Take care, Jason
Dear Jason
First of all only 10% of evacuees are actually worked for US GOVERNMENT the rest 90% just rushed to airport without a proper scrutiny, american should be so clear about it, since they arrived there are alot of bad cases happened by Afghan evacuees, they sexually harrassed social worked street fight n killed drunk caused many problems, few of them caught in connection with terrorist group!
I know not all Pashtun ethnic groups are terrorist but all taliban are belong to pashtun ethnic group, all ISIS member are Pashtun,
Please be very careful with Pashtun ethnic group one of their families has a connection with terrorist, US should do a lengthy background check up…
I have heard stories about the rush to the airport, including about a taxi driver who drove a family to the airport and then ended up being evacuated himself. However, it seems to me that the majority of Afghans do have connections with the US, Western organizations or the prior government, at least of the Afghans I have been working with, all have very clear evidence of these connections. In any event, all these evacuees are undergoing a security check. How extensive or useful it is, I do not know, but it certainly takes a long time in most cases. Take care, Jason
ZFR,
Don’t know who you are and what made you making such an invalid claim. What is your source of claiming that 90% of evacuees were ordinary Afghan citizens who had never worked with the US Government? You sound very irrational and racist when you are alerting others to be careful with Pashtun ethnic. Taliban is a religious and paramilitary group which has nothing to do with general Pashtun ethnic. In the past 20 years, the toughest conflict and resistance took place between ordinary Pashtun ethnic groups against the Taliban. Read some books and literature to educate yourself about Afghanistan. If you are knowingly making such claim then your merely a racist.
Asylum2
Im not racist,
All Taliban are Pashtun, all isis are Pashtun, everyone does know about it,
The so called ashraf ghani made a deal with taliban just keep other ethnic group under control,majority of Pashtun are racist and terrorist. because i witnessed with victory of Taliban all Pashtun around the world celebrated in west! Such a shame!
Pashtun celebrated the victory of Taliban just because pashtuns are back in power 100% n other ethnic group are to push back!
I assume you are Pashtun yourself, just dare to speak up the truth,
So applicants who wait their interviews since 2015 have to wait more until the afghan interviews conducted? And what happened to the 80 newly appointed AOs who will look at cases prior 2014
Thanks
Yes and good question. It seems some of those officers are in place – I think there are a few each in Newark and Chicago, and maybe one other office. But so far, most of the 80 do not seem to have started (though this is very unclear from our communications with the Asylum Division and the Congressional offices we have been working with). The organization I have been working with is in contact with Congress people and USCIS and is trying to get them to stick with their commitment to help pre-2016 applicants. Hopefully, we will see some progress on this point soon. Take care, Jason