In response to record numbers of migrants arriving at our Southern border–2.2 million in FY2022–President Biden has announced some new rules designed to deter people from coming to our country to seek asylum. At the same time, these rules also open a new pathway for “up to 30,000 migrants from Venezuela, Nicaragua, Cuba and Haiti… to enter the United States on ‘parole’ each month if they have financial sponsors here and pass background checks.”
Today, we’ll discuss the import of these new rules. We’ll also look at how the rules might affect asylum seekers who currently have cases before the Asylum Office or Immigration Court.
Let’s start with the numbers. These are tricky, as there are different ways to measure how many people are “encountered” by Customs and Border Protection (“CBP”) at the Southern border. Advocates have argued that CBP exaggerates the number of people trying to enter the U.S. because when someone is expelled and tries to re-enter, that person is counted twice. If they try to enter three times, they are counted three times, etc. Thus, 2.2 million encounters ≠ 2.2 million people. Nevertheless, it is clear from the data that the number of people seeking entry has been increasing from a pandemic low (in FY 2020) of 405,036 to about 1.7 million in FY2021 to 2.2 million in the prior fiscal year. These numbers can also be contrasted with the FY2019 surge during the Trump Administration, when CBP recorded 859,501 encounters. Basically, no matter how you slice it, more people have been arriving in the last year or two than during previous Administrations.
Of course, “fixing” the border (whatever that means) has proven an intractable problem for numerous Administrations. Proposals have ranged from shutting the border down to throwing the doors open (and have even included a few reasonable solutions in between). The Trump Administration used the pandemic as a pretext to summarily expel many asylum seekers under a public health statute, Title 42. The Biden Administration has taken a schizophrenic approach towards Title 42: On the one hand, it has tried to end the program, though these efforts have thus far been blocked by courts. On the other hand, it has expanded the use of Title 42 to expel more migrants without consideration of their asylum claims.
The President’s newest proposal aims to expand “enforcement measures to increase security at the border and reduce the number of individuals crossing unlawfully between ports of entry.” At the same time, the new rules “expand and expedite legal pathways for orderly migration and result in new consequences for those who fail to use those legal pathways.” To this end, the Administration will allow 30,000 citizens of Venezuela, Nicaragua, Cuba and Haiti to enter the U.S. each month as parolees if they have “an eligible sponsor and pass vetting and background checks.” People who attempt to enter without permission or between points of entry will be subject to increased use of expedited removal. Mexico has agreed to accept up to 30,000 citizens of Venezuela, Nicaragua, Cuba and Haiti per month, and this will make it easier for the U.S. to expel nationals from these four countries. The idea is to force these migrants to enter the United States under the parole program, rather than by claiming asylum at the border. I have real doubts about whether this will work, but perhaps if people see the U.S. expelling asylum applicants, it will deter them from trying to enter at the border. Perhaps.
In addition, CBP has created a mobile app called CBP One, which allows potential migrants to schedule an appointment to “present themselves for inspection and to initiate a protection claim instead of coming directly to a port of entry to wait.” Supposedly, this “new feature will significantly reduce wait times and crowds at U.S. ports of entry and allow for safe, orderly, and humane processing.” Again, I have my doubts. For those migrants with phones and the ability to understand the app, maybe this will create a more orderly system. But do we really expect those who cannot get an appointment to simply turn around?
The new rules (modestly) expand the number of refugees who will be resettled in the U.S. from the Western hemisphere. Also, the Biden Administration has apparently negotiated with several countries in the region to offer status to migrants, which (it is hoped) will reduce the number of people coming to our country. The Administration will also increase aid to Mexico and countries in Central America in order to help improve their capacity to assist migrants.
The new rules will surge “asylum officers and immigration judges to review asylum cases at the border more quickly – with the aim of reducing initial processing times from months to days.” We’ve heard this before, and we know that when the border gets busier, we see even more delays for asylum seekers who already have cases pending in the United States.
As I’ve written here ad nauseam, hundreds of thousands of asylum applicants have been waiting years for their decisions, and these new rules offer nothing for those who have been waiting. Worse, since “surging” resources at the border necessarily means decreasing resources in the interior, asylum seekers with pending cases will probably see backlogs continue to grow. Add to this a new Congress which is unlikely to provide additional resources for asylum adjudication, and it is difficult to see how the situation will improve any time soon.
The real solution to our current woes is a comprehensive reform of the immigration law. This would require Congressional action, which also seems unlikely. Barring new laws, the Biden Administration should use its (limited) rule-making authority to de-couple the interior asylum system from the system at the border. Or at least if the Administration could dedicate more resources to adjudicating long-pending cases, that would allow for some progress on the asylum backlogs. While I understand that the border is important, the Biden Administration should not forget about the hundreds of thousands of asylum seekers who are already here, and who have been waiting and hoping for some relief.
Hi Jason.
We are refugees under UNHCR Priority One(P1) Case. My mother is the head of our family and we are all linked to her case. We are denied for security related reasons.
When we already submitted RFR (Request for Review) letter to DHS/USCIS The International Refugee Affairs Divison (IRAD) office and RFR letters was denied and our case was closed and will not be reviewed again considered final.
We met a person and he told us my brother-in-law has an enemy and that enemy paid a lot of money to a group of people to stop my brother-in-law flight and that he informed us that my brother-in-law will never go to USA because those hired groups submitted false accusation about him. They deliberately and falsely accused him and that guy did not give us much information.
I am single size 01 and my case is closed because of brother-in-law.
I want to do a FOIA Request to USCIS and request the entire A-File and we also want to ask a specific document and that is about false accusation about my brother-in-law.
Is OK if I ask USCIS FOIA officials if there is any false accusation in my A-File?
If there is false accusation in our A-files. Do you think USCIS will release the false accusation if I do FOIA Request?
I am looking for an information from the FOIA office that will reopen my case. I don’t have any evidence about my case that will support my refugee case arguments.
Thank you for your time and your assistance with this situation.
I hope a reply.
Thanks.
I do not know about this and do not do such cases, sorry. I would be a little surprised if you can get that info from a FOIA, but you can make the request and see what comes back. I know there is an appeal process for FOIAs and if you still do not get what you want, you can go to federal court. Whether any of that will help you, I do not know, but I expect it will be a long road. If you do pursue the FOIA, you might also want to keep looking for other places to resettle, in case you cannot get the US government to change its position. Take care, Jason
Hello Jason,
I’m an asylee (with an approved asylum). I was hoping to travel to Europe and/or Canada to visit my family/friends and have the following questions:
1. How risky is it to travel with Refugee Travel Document to countries other than where we seek asylum from?
2. I live in Virginia and the filing location is a bit confusing on their website. Can you please confirm below address is the correct address to file Form I-131, Application for Refugee Travel Document?
USCIS
Attn: NFB
P.O. Box 660867
Dallas, TX 75266-0867
3. Based on your experience with your clients what is the current processing time to get a Refugee Travel Document.
I’d really appreciate if you could answer these questions. Thank you for all that you do for the asylum community and immigrants in general!
Same here, I am a wonderlust. Would like to go to Canada or Europe to travel.
One additional risk on top of what’s mentioned above is … As an asylee or even a U.S. green card holder, you are still a national of your country of origin, right ?
So technically, if you go to some country where your country of origin have extradition agreement with…Does that mean your country of origin can seek for your extradition ?
1 – As long as it is valid, there should be no problem to return to the US. Not all countries accept the RTD, and so you might check with the embassy (or the embassy websie) in advance. 2 – You have to check the I-131 website for where you live – I cannot check that now, sorry. 3 – Probably a year. You can try to expedite – I wrote about expediting in general on January 29, 2020. Take care, Jason
Good evening, Jason, and Asylum Family,
Hope everyone will be fine and get their interviews, green cards, and passports very soon.
Jason, I am an asylee and my one-year time will be completed at the end of March,2023 to apply green card.
How prior i can apply for a green card?
Thank you.
JIbs
+1, I am also curious about that, does it have to be a year or 9 months ?
One year – people who apply for citizenship are allowed to file 90 days before their eligibility date, but that rule does not apply to people applying for a GC. Take care, Jason
Thanks
We used to apply 30 days prior for our clients, but then had an application rejected. Since then, we apply on or after the one-year anniversary. Of course, if you left the US during that year, you have to wait longer (for each day you were outside the US, you have to add one day to the year waiting period). Take care, Jason
Hello Jason,
I am a derivative asylee. and have had a green card since 2021. I need your advice, my mother is very sick and hospitalized, It’s been 11 years never been back home now she wants to see me badly. Is it okay to travel back home as a derivative Ashlee green card holder? Please advice me any possible problems,
I am not Jason, yes you should be fine for emergency purpose. As long as you valid Green Card you shoukd able to return regardless you use RTD or COP passport. You should go see your mom before it too late. Good Luck
I wrote about this on February 10, 2022. The short answer is that returning home is usually ok for a dependent, but if the principal’s asylum case said that the whole family was in danger, you should be prepared to explain why you went home and how you stayed safe (and also perhaps why you used your passport if you do not have a Refugee Travel Document). Take care, Jason
Hi Jason,
I have a question I want to ask. When I was sifting through my experience, there are a few details of a few incidents I could’t remember. It definitely happened. It has been a very long time and I think my memory naturally chose to forget traumatic and hurtful experiences…But, what should I do if the AO or IJ presses me for details ? I really couldn’t remember and I don’t want to make up things. If I say I don’t remember, will AO or IJ lean towards finding me incredible ?
I think you should write down what you do remember now, as it may be a while before you have to tell your story. If you do not remember, it is best to say that. You may also be asked to explain why you do not remember, and you can explain that as well. Some people get a psychiatrist or therapist report to discuss memory issues created by trauma, though I think many fact finders are not convinced by such reports. Nevertheless, if that is the situation for you, such a report might be beneficial. Take care, Jason
Thanks Jason,
I am now worried…
Hello Jason,
Can asylum/refugees file BIA appeal?
Thank you.
If a person loses a case before the Immigration Judge, they can file an appeal to the BIA. Also, in some cases where a person is denied a benefit by USCIS, they can appeal to the BIA, but where a person is denied asylum at the Asylum Office, the person cannot go to the BIA – they either go to Immigration Court or they have to re-file at the Asylum Office. They can also file a motion to reconsider or reopen with the Asylum Office, but they would not go directly to the BIA. Take care, Jason
Hi Jason,
Does somehow this new reality of people being here for decades waiting for interview increase their approval? Let’s say you waited for eight years, ok, you are indeed more credible. Is there any data around that?
Can a seven year not timely filed be forgiven on first level due to illness? Does the AO have such authority or only IJ can forgive that?
I have not seen any data about whether long-pending cases are more likely to be granted. I do think that old cases are more difficult to present to the AO or judge because they want to know whether you still face harm after having been outside the country for years. Also, country conditions change in unpredictable ways, and so some old cases get stronger while others get weaker, depending on what is happening back home. In terms of the one year bar, illness (physical or mental) can be an excuse, but you have to show that the illness somehow prevented you from filing on time. I wrote more about that on January 18, 2018. Take care, Jason
Hi Jason,
Thanks for all of the support you provide for the asylum community.
I have been waiting for an interview for more than 7 years now. I have tried several ways: short list, asking help from senators, and expediting. None of them was successful.
Right now, I have a job offer sponsoring my green card. I know, there is no clear answer for pending asylum cases like mine to adjust their status inside the US. There are different opinions, some say it is possible and some say we have no status, and it should go through the counselor process.
Currently, getting the Perm takes almost 18 months.
Do you think it is a good idea to go through the employment sponsorship and the process of I-140 and try to see if we can adjust our status inside the US, or I should leave that idea and just focus on mandamus?
Again, thanks for your support.
@Ali if you don’t mind can you please tell me your job I mean what kind of work you do? I want to know like what kind of job is prefer for sponsorship. I am really upset cos it’s been more than 6 years I am waiting for my first interview. It’s insane 😞. If possible help me please. Cos I am looking other options now.
Thanks in advance
Many different jobs could potentially qualify for an employment-based GC. You should talk to a lawyer who does such cases to see whether you might qualify, and if so, if there is a way to get a GC given your current status. Take care, Jason
Same here, also curious. And how do they view your asylum seeking status ?
I think you should talk to a lawyer who does EB cases and have that lawyer analyze the specifics of the case, whether you can qualify for a GC at all, and whether you need to leave the US to get the GC. All this is very case specific, but there should be an answer. The answer may involve explaining areas where there are risks, but all that is knowable, and without that analysis, you cannot make an informed decision about how to proceed. Based on what you are saying, I would specifically look for a lawyer who has done an adjustment of status based on I-245(k), which may allow certain long-pending asylum seekers to get a GC inside the US. I wrote about this more on August 28, 2018, but without having a lawyer review the specifics of the situation, I think it will be difficult for you to decide how to proceed. Take care, Jason
Jason,
Thanks for your response.
To clarify, I applied I-589 when I was in status. In other words, I had non-immigrants status when I applied for affirmative asylum and after that I just have asylum pending and no other status. Do you still see some chance for adjust status?
I think you need to talk to a lawyer who does these things, but the relevant section of the law is INA 245(k). So talk to a lawyer who has done a case under that section. I have heard about people adjusting under these circumstances, but since I do not do EB immigration, I have not personally worked on such a case. Take care, Jason
I’ve been reading this blog for a long time . Why did you never mention mandamus lawsuit until recently for people that been waiting forever to get an interview?!
We wrote about it on October 2, 2018, and probably many times before and since in the comments. Take care, Jason
Hi Jason
I have a question I filled my I 730 send it to the correct address ( Texas) but I received a notice saying we have sent your case was transferred and a new office has a jurisdiction on it, what that means and how long will take to be finalized. Thank you
We have seen I-730 forms take 1 or 2 years, but you can try to expedite – I wrote about expediting with USCIS on January 29, 2020. I think the transfer is meaningless, as USCIS moves cases around depending on workloads. Take care, Jason
Hi Jason,
I recently read your article “Mandamus for the Rest of Us”. I am writing to inquire about the possibility of filing a writ of mandamus for my asylum case which has been pending for more than two years in Los Angeles, California. I am still waiting for the interview and am increasingly concerned about the delay.
Is a two-year delay unreasonable? Based on my understanding of the information provided in your article, a writ of mandamus may be an appropriate course of action for my situation. I would greatly appreciate any advice or guidance you can offer on this matter.
Thanks for your blog posts.
Dude people waiting for 8 years without interview lol
Before you try that, you should try to expedite your case in the “normal” way (this is called “exhaustion of remedies” and is generally required before you file a lawsuit). I wrote about that on March 23, 2022. After you try that, and if it fails, you can try the mandamus. There is no real time frame, and the regulations indicate that asylum cases should be resolved within 180 days, so you are already well beyond that time frame. Take care, Jason
Hi Jason,
Next week I will be leaving the US for the first time after 10 years to see my family. I would like to thank the Asylumist platform which accompanied me along the ordeal I had with USCIS until getting my case resolved. The Asylumist showed care and sympathy even more than my own lawyer. Thank you a million as I learned a lot through the articles, others asylees stories, and your valuable help, Jason. Hence, I would like to ask:
1- Is there a way to donate to the Asylumist? This platform should continue with full power. Thousands of people are getting benefit of it. I believe it is a great humanitarian project that should be supported with all means.
2- I have both my green card and RTD in hand. However, I will use my national passport to travel as the destination third safe country doesn’t recognize US RTDs. I have explained the reasons of renewing my National Passport when I applied to the RTD so USCIS knows about it. That said, should I present the RTD and the Green card only to the US Immigration Officer when I leave and when I return to the US? Or I should present my National Passport with the Green Card?
3- Am I 100% safe to leave and return with the documentation I mentioned above? (RTD+GC+National Passport)?
Thank you very much in advance
Thank you for the kind words and safe journey! In terms of your questions: 1 – Thank you, but it is not needed, as this is a very low cost operation. If you made a donation to an immigration non-profit, that would be terrific. One I am working with to help affirmative asylum seekers is TASSC.org. Also, proceeds from my book are going to immigration charities if you know anyone who wants to buy one of those. 2 – I think you will not need documents to leave, except to pass through security and board the plane, and the GC + RTD should work for that. If they want to see the passport too, that is no problem. When you return, the RTD and GC should be enough, but again, if they want to see the passport, it should not be an issue – you can explain that you did not return to your country and that the third country would not accept the RTD. If/when you apply for US citizenship, you should be prepared to explain this again, as they might ask (though usually, they do not ask). 3 – There is no such thing as 100%, even for someone born in the US with a US passport, but as long as the RTD and GC are still valid, I do not think you have anything to worry about – I have had many clients travel with these documents and no one has ever had a problem returning. Take care, Jason
Hi Jason,
Just wanted to make sure, what is a good time to file EAD renewal? four month or six month before the date of expiration? I heard filling earlier might delay the processing time more.
Thanks for all your help to the asylum community,
Stay blessed!
The earliest you can file to renew a c-8 EAD (based on pending asylum) is 180 days before the old card expires. I do not think it causes more delay to file early, but 4 to 6 months before should be fine. I have overheard a USCIS person stating that USCIS will start renewing c-8 EADs online, and that would likely be faster, and so you might wait a week or two to see whether that becomes an option. Take care, Jason
Jason, when applying for asylum based GC, what document can be proof of one year physical staying in the US? And is it better to submit i-69 along with application or later when its requested?
Thank you
meaning I-693 medical doument
We do not submit any evidence about physical presence unless there is an issue, and it has always been fine, but you can submit work or school records, tax documents, letters from people who know you, bills, etc. I think it is a waste of time unless you are worried about this issue. In terms of the I-693, you can submit that when you file, but be careful, if you get the exam done and wait too long to file the application, it may expire and you will need to do it again (and probably pay for it again). Normally, you have to file the exam within 60 days of it getting done, though I think that requirement is temporarily waived due to Covid. Nevertheless, because I worry about my clients having to do the exam twice, I normally do not send it when we file; USCIS requests it later and we send it then. Take care, Jason
Thank you, Jason – much appreciated!!
Thank you so much Jason. Will wait couple of weeks,
Hello Jason,
I wonder if USCIS has clearly defined what is the “Normal Processing Time”. Whenever I chat with the live agents they say your RTD, that has been pending from November 2021, it within the normal processing time!
Then they carelessly disconnect the chat after saying “Enjoy the rest of your day”, while I have not enjoyed any moment in my life for the last 8 limbo years.
I hate all the “enjoy your day” BS. Maybe if they helped once in a while, it would be easier to enjoy. Anyway, I think the processing times listed on http://www.uscis.gov are the time by which 80% of cases have been processed. The USCIS web page may tell you this as well, but that is what I recall. Meaning there is a 20% chance that your case will take longer than the listed time. Take care, Jason
Hi Jason. I am GC Holder. I am doing Marriage in my Home Country. My wife has Single name in her School records and birth certificates. Before she had in column of First name as FNU & in Last name her Name in passport. To resolve future travel problems in different places she wants to change it as in First name her name and in last name column My ( Husband) name. and with this new change i will apply for her i130 Spouse Visa for immigration to USA. My Question is that 1. will it not be problem if she has only one name in passport 2. Will it not be problem in USA immigration if she changes with add of my name in her last name? ( Because in her school documents is only one name. Please guide. Thank you.
1 – I do not see why it should be a problem. 2 – She and you will need evidence of her name change. That will be needed for immigration forms and it may be needed for other purposes as well. Take care, Jason
Hi Jason, I want to ask a question. I am in removal proceeding but I have been going to doctors. I am worried about a diagnosis of cancer that may require chemo therapy.
In this case, will the IJ be humane enough to pause the removal proceedings, like if I ask for administrative closure they will probably agree ? I cannot imagine having to deal with cancer and removal proceedings at the same time… Have you had success getting clients AO for … non-immigration reasons (not having another form of relief immediately available…)
Thanks
These days, you might be able to get the prosecutor to agree to admin closure, which sets the case off the docket, but keeps it alive so you can renew the EAD. They would probably also agree to dismissal, and then you can re-file at the asylum office, which is lower stress. Of course, it depends on the case, and on the DHS and the judge, but there is a good chance they would agree, as long as there are no criminal or national security issues with the case. Take care, Jason
Hi Jason,
I just want to tag along, the re-file part…does it apply to removal proceedings that originate from an affirmative asylum application ? An affirmative asylum applicant can’t go back to USCIS…for a 2nd affirmative asylum application…right ?
If the court dismisses a case, you can re-file at the Asylum Office. How or where the case originated does not matter. Take care, Jason
Is green card processing still 2 years ? Will there be a new system implemented
For most asylees, the GC still seems to take 2 years or more, but some people are reporting faster times. Whether USCIS will improve this processing time, we shall see. Take care, Jason
Can I Sue them to have it issued quicker or any other way ?
Maybe, but such suits are less common than lawsuits over asylum delay. Talk to a lawyer who does mandamus lawsuits and maybe they can advise you. Take care, Jason
Last month it’s been 2 years that I’m waiting for my i485 approval… we will see I hope this saga comes to an end very soon!
Why don’t these a holes introduce a premium green card processing for fee . Is the wait time still 2 years ?!
I actually disagree with premium processing of application of any kind.
This will make the system more biased towards people who are rich. It will reduce equal access to immigration benefits…
Except for asylum interview, I feel that applications of any kind should be processed in a FIFO manner…
I disagree. PP would help rich people the most, but it would also pump money into the system, and so it would help everyone else as well (though not as much). At this point, USCIS needs to stop worrying about how it looks to help rich people and just start taking action to reduce the backlogs. In any event, rich people already benefit from lots of advantages in the immigration system (and other systems) and I see no reason that asylum should be any different, especially since PP would benefit more than just those people who can pay for it. Take care, Jason
Hmmm…
If you are talking about a GC based on asylum granted, some people have been reporting short wait times, but mostly, we are seeing cases take 2+ years. Yes, it would be nice if USCIS allowed premium processing across the board, including for asylum and green cards (I wrote about that on June 26, 2014, but so far, USCIS has not listed to this suggestion!). Take care, Jason
Hi Jason,
I am wondering have you seen clients be discretionarily … denied asylum ? Because I am just thinking, there are easily many more people that are statutorily eligible for asylum than are currently granted…The country obviously won’t be able to grant everybody who is eligible for asylum…asylum…right ?
A discretionary denial for someone who is otherwise qualified for asylum is extremely rare. I suppose it is not impossible, but I do not know that I have ever seen that. Take care, Jason
That’s good 🙂 Thanks.
Hi, I am a California affirmative asylum seeker (not interviewed).
Am I qualified for Medi-Cal ? The eligibility regulation is unclear
Thanks !
Sorry, I do not know about that. You might reach out to a local immigration non-profit to see if they can advise you. I did a post on September 22, 2016 with a link to local non-profits by state. Maybe that is a good starting point. Take care, Jason
Hi Jason. Thank you for the information you share. It is the most accurate information in internet. I have a question. I received a two asylum interviews already and I am checking my case status every day. It was saying “My decision is pending”, after it was saying “My case is pending”. But yesterday it changed “My fees were waived. On July 15, 2022, we received your case and waived the filling fee for your form I-765, Application for employment authorization, receipt number (my asylum case number). We mailed you a notice describing how we will process you case…”.
Do you have any ideas why it is showing that message?
Congrats…You are approved asylum…it will be your first A5 EAD…
Many people believe that means that the case has been approved, and fees were waiver to produce your new EAD, based on asylum granted. I think you have to remain cautious and wait for a letter from the Asylum Office, but it is a good sign. Take care, Jason
Yes. I received an approval notice today. I was in limbo for 7 years and 2 months. But I have to give them credit since they responded on my expedite request within 2 or 3 months
Hi Jason!
My asylum case was approved affirmatively. I applied for adjustment of status and Uscis called me for an interview. The oficer was not nice at all during the interview. I was forced and traditionaly married before my current husband and I did civil marriage. When My late husband passed away, culturaly I supposed to marry his youngest brother, but my current and legal spouse helped me to flee the country and came to USA.
During the interview the oficer asked me for his death certificate and I said “I do not have it”. I do not know how to get it because I fled and I have not talked to none his family. In addition there were no civil marriage between us, so I dont know how to get my late husband legal document in that case.
At the end of the interview, the oficer said his supervisor will review my case, meanwhile I should expect an RFE for death certificate.
What do you think Jason?
It would be better if you could get something from the home country government, but if not, maybe you can get some witness letters (with IDs and/or notarized) explaining about what happened, and maybe an article or two about traditional marriage in your country. You will have to educate USCIS about this (unfortunately). I would gather what you can now, and then if you get an RFE, you will have it. Maybe the RFE will also include other questions, but you can at least prepare for the marriage part now. Take care, Jason
Hello Jason,
Thanks for helping us by responding to our questions!
Can I re-enter the U.S. with RTD when the document is only 3 months left to be expired?
As long as the RTD is valid, you can re-enter the US, even if it is only one day. Take care, Jason
Jason,
My husband was charged with a DUI in 2003, 20 years ago, his license was suspended for 6 months and he completed all requirements needed to be able to have his license back . In April of this year , we are submitting the adjustment of status , will I have to submit the I -602 grounds of admissibility with the disposition letter along with the I-485 ? Will this charge be an issue to receive the green card. Since 2003 he has not have any other charges. In addition for the medical exam can I go to the civil surgeon couple days before the 1 year of receiving the asylum approval, or for medical exam do I have to wait the full year after the asylum was approved?I want to submit my medical exam along with the adjustment of status.
Thanks for everything,
Herr
I doubt the DUI would have an effect or require a waiver. He should submit evidence of the DUI, including the disposition (final outcome) and of course list it on the I-485 where required. If USCIS needs a waiver, they can let him know, but I doubt it. In terms of the medical exam, you have to complete the exam shortly before you mail the application (I forget the time frame, but it is in the I-864 instructions). Whether it was done before or after the 1 year, is not important. For my clients, I send the exam when USCIS requests it, since I always fear that they will conclude it has expired (which is improper, but add it to the list of improper things USCIS does). Take care, Jason
What about the new fee rule that is supposed to add near $500 million per year to the asylum office budget by forcing i129 and i140 filers to pay $600 in asylum program fees?
Also, I hope you can use your influence on the asylum community to get everyone to submit comments to the new fee rule proposal to suggest some sort of a premium processing fee for asylum seekers. A lot of people would be willing (make that thrilled) to pay like $5k to have their cases adjudicated within even a year’s time. Let people help themselves, since no one else will. Better to spend that money on premium processing than on anti-depression drugs.It is completely doable, and the congress gave USCIS the authority to do it in a previous stopgap bill.
The asylum office is mostly fee-funded, and so if these new measures increase revenue, that could be used to help asylum seekers. While I have advocated for premium processing for asylum cases for a long time, I think it is a non-starter for USCIS. In any event, I have no particular influence with the agency, and the non-profits that do are not spending time advocating for asylum premium processing, as I think they recognize that it is not something USCIS will consider. Take care, Jason
Hi Jason,
Can asylum and refugees file a motion to reopen to reopen their case on Board of Immigration Appeal?
Thank you.
They can, though depending on the basis for that, there are time limits about when you can do it. Take care, Jason
Hi Jason.
Thank you for your nice observation.
I have been waiting 7+ years to get an administrative interview call. Still, I’m waiting. I don’t know when it’ll happen to me. I’m totally stuck in this limbo. Now I’m physically and mentally disturbed. This world is totally hopeless for me. Every morning I wake up with the hope that today I’ll get mail in my mailbox from the asylum office for an interview. But never happened to me last 7 years.
It is a real tragedy and it is a terrible shame that we created an asylum system only to let people down by never adjudicating their cases. Hopefully, they will be taking steps to help with the backlog. In your case, you can try to expedite – I wrote about that on March 23, 2022. Take care, Jason
Thanks for sharing this Jason!
I have been in the court for more than 3 years not even single hearing done due to schedule changes and staffs issues and I’m just so confused. It looks like nobody is ready to fix the problem and i m already skeptical about the outcome of the new policy. They have time to propose fees that will make legal immigration almost impossible for many people who want to work, invest or bring families but can’t still figure out how to solve backlogs issue. Bringing 30 thousands people a month combined to millions cases sitting in different offices will no gonna do anything good to the interior asylum system. I just want to see how this will turn out !!!
The idea is to try to deter people and have less people coming here, but I doubt these new steps will accomplish that goal. We shall see. Uf you wanted to try to expedite your court case, I wrote about that on April 20, 2017. Take care, Jason
Hi jason. Thank you so much for that resource that helps milions of people including me
I have a question for a friend.
Her brother in law is a dependent in asylum. His wife filed for asylum and she and him already got asylum in 2018 and filed for their green card in 2020. His wife received hers last july but he did not. He got a charge last april of trespassing after warning and has been imprisoned for two months and he has been released. He has to go back for urgent matter to the country they escape from and he used his mother country passport
He checked the website while being in his mother country now and find that the uscis first scheduled him for interview
Then they checked his finger prints
Then they denied his green card application although not sending him any mail telling him about that or about the reasons
Finally there was an update that they will reopen the case and reconsider their earlier decision although he did not file a motion or appeal.
My friend question is: what does that mean?
Do they deny his application due to the charge and being imprisoned or they become aware he travelled back ?
Why they reopen the case ?
What do you expect they will do with him?
My friend brother in law uses their address as his mailing address with the uscis while still being in his home country? Does that may cause a problem for my friend with the uscis being an asylee and green card holder but not yet a citizen?????
I doubt they would have denied based on the charge, since they did not give him an explanation. Or on the return trip, since he was a dependent on the asylum and return trips are generally not a basis to deny. More likely, they denied because he missed an interview or they thought he missed an interview. Or possibly, it was all an error, and so they reopened. I would check the receipt number on the case status page of http://www.uscis.gov. He could also call to try to reach a person and ask: 800-375-5283. If the case is still pending, they will either make a decision or send the interview notice. He could file a Freedom of Information Act request to try to get a copy of the file and maybe learn more. Info about that is available if you follow the link under Resources called FOIA USCIS. Take care, Jason
So why do they schedule him for interview although his wife the main applicant for asylum got her green card without interview? Is that because of the charge?
2) one more question pls: my friend brother in law is using their address as his mailing address with uscis while he is in his mother country since last august? Does this may cause any harm for my friend being an asylee and a green card holder but not a citizen yet????
Thanks for all your help.
1 – They are interviewing many people, and so it is difficult to know why. But in general, I think dependents tend to be more likely to get interviews than principals, since the principal already had an extensive interview. 2 – If a person with a GC based on asylum returns to his home country, it could create problems for him if the return trip causes USCIS to think the original asylum claim was false. I wrote about this on January 6, 2016. Take care, Jason
Hi
I’m applying for my Employment Authorization Form I-765 for the first time as Asylee ( 3 times before as an Asylum pending ) and I have a few questions plz:
1: Should I choose Initial permission to accept employment or Renewal of my permission to accept employment? and should I have to attach a copy of my previous employment
authorization document?
2 Have you previously filed Form I-765? Yes or No
Thanks
1 – If it is the first a-5 (asylum granted) I-765, it is an initial application. You can attach a copy of the old card – I think that is good practice in case it is needed for some reason. 2 – I do not recall that question, but you did file a form I-765 before – you can always explain this in the supplement page at the end or in a cover letter. Take care, Jason
Another good piece of @Jason 🙂
I also condemn this policy and feel that the status quo should be maintained and title 42 should be repealed…But that’s for another day…
However, I am confused about why would more resources go to border ? Isn’t the ban aimed at reducing illegal crossing ? thus … CFI and RFI will decrease ? ( or people from the 4 countries can still try to get in and claim asylum, just that there is additional route for parole ? I summarize it as…”a window is open, but the door also remains open”, is it the case here ?) Please illuminate 🙂
It’s a good question, and I suppose that is the intent (to reduce the number of people at the border), but they are “surging” resources to the border and those resources will have to come from somewhere. Also, I doubt that these new programs will cause people to stop arriving at the border and if Title 42 ends, and the law does not change, people who arrive at the border have a right to seek asylum. I guess I feel like changing the procedures will not work. Maybe changing the definition of who qualifies for protection would work better, and they could potentially do that as well. Of course, Trump tried that and it really did not help either, so who knows? Anyway, maybe this will create a more orderly system. I keep wanting to think that these people know what they’re doing, and hopefully, they do. We’ll see. Take care, Jason