Filing the I-589 Online

Not long ago, USCIS started accepted the I-589 asylum form online. Of course, I resisted filing online because (1) I don’t like learning new things, (2) I don’t like computers, and (3) I REALLY don’t like learning new things on computers. But I also don’t like waiting (literally) six months for my clients’ asylum receipts, all the while not knowing whether USCIS has lost their application. And so urgency and lawyerly duty have finally overcome inertia, and I filed my first I-589 online.

Here, I want to talk about the process of filing online and give some suggestions for improving the “user experience” (short answer: There are advantages to filing online, but there is also room for improvement).

Online filing is the biggest thing to happen to bureaucracy since the invention of the water cooler.

To file a form online, the applicant and attorney must each have a USCIS account, which you can create here. You will need an email address and you will be asked to create a password. You will also need to provide a cell phone number, email address or authentication app (such as Google Authenticator) to verify your identity each time you log in (USCIS sends a text message or email with a code that you then enter to sign in). To finish creating the account, you will need to answer five security/recovery questions (“What is the name of your second pet?”). And then – voila! – you have your USCIS account.

Once you have an account, you can input additional information about yourself, add an existing case by entering the receipt number, or file a form online. You can also review and electronically sign forms prepared by your lawyer. In addition, there are a number of useful resources: You can pay a fee online, inquire about a case or missing mail, correct errors on a USCIS document, find a designated physician for the Green Card exam, &tc.

Today, though, I want to focus on the form I-589. If you’re used to completing the I-589 form as a PDF, entering the data directly onto the form, the new online system will be a bit of an adjustment. The applicant’s information is collected in a different format, and you can’t view the entire document until the very end. Even then, the information on the form is presented in a format that is not easy to read (or maybe it just requires some getting used to).

Also, it is important to note that not everyone can file the I-589 online at this time. Certain applicants must file by snail mail at the Asylum Vetting Center, including people who were previously in Immigration Court or the Asylum Office, or who were a dependent on another person’s application – see the Special Instructions here.

One inconvenience with the online form is that you can’t jump from one section to another without scrolling through all the sections in between. This makes editing the form awkward. It seems to me that an easy solution would be to create a hyperlinked index that would allow you to go directly to whichever section of the form you want to work on.

Another surprising nuisance is the attorney-client interface. Once the attorney completes the form, she gets a code that she forwards to the client. The client then uses that code to access the form, check that it is correct, and electronically sign the document. As part of this process, the lawyer needs to print a document called “Preparer’s Contact Information, Certification, and Signature,” complete it by hand (or for those with PDF skills, on a computer), sign it, and send it to the client. This all seems a little much. I get that USCIS wants to ensure that clients are protected, but why not simply incorporate this information into the online I-589 itself?

When you file the form, you can also upload documents and evidence. If you don’t have any documents to upload, the form will double check and remind you that such evidence is important. The main effect here, at least for me, was to make me feel guilty for not submitting much evidence at the time of filing. Given that most asylum cases take years, I prefer to submit evidence closer to the date of the interview, so I can submit the most up-to-date information available. Also, one quirk I noticed was that the names of uploaded documents cannot contain certain characters. For example, I named one document, “Passport, US visa, and I-94.” The program did not like the commas, and so did not accept the filing (I later renamed it “Passport” and it was accepted). The main issue here was that it was unclear whether the document had been uploaded or rejected, as the error message (or lack thereof) was confusing. Once a document properly uploads, both the lawyer and client can see it in their portal.

I imagine that most users are more savvy than me and will have an easier time with the online form. I also imagine that I will get used to it in time. And there are advantages to filing online.

The main benefit is that you get instantaneous proof that your case was submitted (though it may take a few days for the case to be “accepted” and the receipt issued). This is particularly important these days, given that receipts from mailed-in I-589 forms can take several months. For people facing a one-year bar, it is certainly comforting to know that USCIS has your application and that you will not be blocked from asylum for filing late. 

Another benefit is that you can upload additional evidence in support of your claim. Under the old system, you can mail in evidence with your initial application and if you have additional evidence, you can mail that directly to the local asylum office. The problem is that the local offices tend to lose whatever evidence you mail them. This became such a common problem that I got into the habit of emailing them one copy, mailing a second copy, and bringing a third copy to the interview, all in the hope that they would actually receive what I was sending. With the new online system, you can upload documents to your case, which–presumably–will not get lost. Assuming this works, it will be much easier and more reliable than the old system.

Finally, with the online system, you will get updates about your case status, which will be a faster and more reliable way to keep track of your application.

While there are still some kinks to work out, there are real advantages to online filing, and I expect that it will become more and more common as applicants and attorneys adjust to the new system. 

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167 comments

  1. Hi Jason,
    I’m planning to file i-589 online without a lawyer.
    Can I attach my declaration, and other supportive documents like reports, and witness statements later, after my application is accepted, or everything must be submitted at once?
    Also, I have heard that lots of people faced the “application was not accepted online” after they filed and submitted it online. That is their first filing and eligible to apply it though.
    Can you please advise me?
    Thank you in advance

    Reply
    • ?

      Reply
    • I have had about a 50% success rate with online filing and I have stopped doing it for that reason. Part of the problem is that it is annoying to coordinate between the lawyer and the client, and so you will not have that issue. However, the system does randomly reject cases, or at least it used to (I have not filed online in several months). In any event, if it fails, you can prepare the paper form and submit it, along with a note explaining that you tried to file online, that is no problem. In terms of what to file, it is up to you, but given that most cases do not get interviews for years, I think it makes more sense to file the form I-589 and passport now, and submit the other evidence later. You should have that evidence and your affidavit ready, just in case you get a fast interview. But if not, you can update your affidavit and evidence and submit it when the interview is scheduled. Take care, Jason

      Reply
      • Jason, thank you so much for your response.
        One more clarification:
        Can I submit the supportive evidence one or two months later after I fill out the i-589 online? Or I should wait for the date of the interview and submit evidence right before it?

        Thank you

        Reply
        • If the case is online, you can submit evidence at any time. However, if it ends up being a paper case, I would not submit any additional evidence until they schedule the interview, as they will most likely lose what you give them (and even for an online case, make sure you keep a copy of everything you submit so you have it if you need it). Take care, Jason

          Reply
          • Jason, Thank you once again for your invaluable help!

  2. I read somewhere that if filed online, you are likely to get your interview faster. Has anyone experienced this?

    Reply
    • We have filed several cases online (despite my lack of enthusiasm for the online system) and none have been interviewed yet, so I am not sure this is correct. You do get the receipt faster, which is good – assuming the online filing works. Also, I think all the cases I filed online were at the Virginia office, and so it may be faster in other parts of the US. Take care, Jason

      Reply
  3. My step-daughter came into the U.S., surrendered and is now in Richwood Detention Center in Louisiana. Can either of us file the online I-589? She has been in the U.S. only since 2/19/23. I look up her A number where I am directed to look it up but it only says her location. I have not been able to identify a Case Worker. I am her sponsor.

    And someone told her to file for Humanitarian Parole however that does not offer a path to permanent residence so I advised against the Humanitarian Parole application and said to stick with the Asylum path.

    Reply
    • She will most likely have a case in Immigration Court, in which case, she cannot file the I-589 online; she has to file with the court (and mail a copy to USCIS for a fingerprint appointment, assuming she is released from detention. Humanitarian parole would probably not apply at this point, and whether you would have any ability to sponsor her as a parent, I do not know, as it depends on her age, manner of entry, when your legal relationship formed, etc. I think you should talk to a lawyer about her case and about getting her released from detention. Detained cases can be difficult to win, and it would be a good idea to have help from a lawyer if possible. Take care, Jason

      Reply
  4. Hello, Jason! Firstly, I would like to thank you from the bottom of my heart for taking the time to answer all of the questions.

    My parents came to the United States 6 months ago, (legally with I-94) I am a green card holder myself (Conditional green card) and married to a US citizen. As they cannot afford an asylum attorney, I helped them apply online for asylum. I have read that since they have never been in immigration court and came to the country legally they can file online.

    Their case is a little unique. My mom and dad are divorced but after some years they reconciled and got back together. However, they did not want to marry again. From what I read they have to apply for asylum independently since they are not married. Their reason to apply for asylum is the same, however, I had to apply separately, so I did.After we filed my father’s case online, I received the receipt notice instantly.But when we tried to file my mother’s application, the USCIS website responded as follows:

    March 2, 2023

    Application Was Not Accepted Online

    We were unable to accept your application online. If you are eligible to apply for asylum with USCIS, please file your application by mail according to the instructions here: 

    When I called Uscis, she couldn’t give me a specific reason and said there might be a mistake. In addition, she advised us to file an application for my mother at the asylum office in Arlington Virginia (we live in the DMV area) or to seek asylum there. So my question is, can I apply again online? Or would you advise me to go to the asylum office and try to apply there?(Ps i dont even know if we can do that?) I am helping my elderly parents with English and everything else.

    It would be greatly appreciated if you could answer my question.

    Many thanks in advance

    Best regards

    Alan.

    Reply
    • Thank you. First, I suppose you know, but after 3 years with a GC based on marriage to a US citizen, you can file for your own citizenship and that is a fast process these days for most people (3 or 4 months). Once you are a citizen, you can file for your parents to get their GCs (assuming they are eligible and it sounds like they are). In terms of the asylum case, maybe the problem is that you listed your mother’s name on your father’s I-589 as his wife? If so, USCIS will think she is legally his wife and she would need to file her form at the Asylum Vetting Center (see the Special Instructions on the I-589 web page at http://www.uscis.gov). If you did not do that, I am not sure what the problem is – you might double check with a lawyer. You can also email the Arlington office and ask them, but I doubt they will help – you can find their email if you follow the link under Resources called Asylum Office Locator. You can also go in person to ask any Thursday morning. Take care, Jason

      Reply
    • Application Was Not Accepted Online, same happened with me, i dont know the reason. so did u apply again online? or submiited through mail? did you found the reason ?

      Reply
      • Not only does USCIS give no reason when the application is not accepted, but you lose access to the fill-able version of the I-589 form, so you would have to re-do the entire form (though you can still access a PDF version of the form). It is incredibly frustrating and I have raised this issue with a friend at USCIS. Hopefully, she will pass it on to the appropriate people and maybe they can improve the situation. So far, this has only happened to us one time, and we sent the form by mail. However, I have been hearing about it pretty frequently from other lawyers, and I think the problem is common. One possible reason is that clients (or lawyers) are checking one of the boxes at the beginning of the form; if a box is checked, the form cannot be filed online. I doubt this is the reason, but it is one theory lawyers are discussing. Hopefully, USCIS will resolve this issue, as it makes online filing unpredictable and I expect some lawyers (including maybe me) will stop filing online until the issue is resolved. Take care, Jason

        Reply
  5. Hi,

    One question in online I-765 is (What is your current immigration status or category?). But C8 “Pending Asylum and Withholding of Removal Applicants ” is not mentioned. What other option can be selected if asylum case is pending for more than 150 days in asylum office.

    Thanks

    Reply
    • We are just doing our first online c-8 EAD now (and it is a huge pain in the neck). I believe you can list that category, but someone else in my office is working on it and I have not review it yet. Doing the c-8 EAD online is new, and so maybe you can check again, as I think it should be there. Of course, if it is too annoying, you can file the old fashion way, by paper. Take care, Jason

      Reply
  6. I recently got interviewed last week at the Houston office. When I check my case status until today it still shows **Interview Scheduled**. Do you know why my case status has not updated..

    Reply
    • It is probably not a problem, as the online system for asylum cases is not great. If you are worried, you can email the asylum office directly to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason

      Reply
    • I interviewed on May 28th 2022 with the Huston office, but I have not received a decision as of yet. My congressman called and was told the decision is awaiting supervisory review; it appears the officer made the decision a few months later, but it has now been 8 months. i am very upset and tired. hope you get yours soon

      I applied in January 2018, interview 2022

      Reply
      • Unfortunately, such delays are common. I did a blog post with ideas for how to deal with this on June 2, 2021 – maybe that would give you some ideas. Take care, Jason

        Reply
  7. Hello,
    Can anyone share their recent experience if they travelled to COP with GC through approved asylum? We have an elderly couple who wants to visit their kid who is sick in COP. Their asylum case was not political. The husband worked in mission and was targeted by terrorist group in home country and wife is a derivative. Worst case scenario, would they be not allowed to re-enter in US because they travelled to COP? Any advise will be helpful. Thank you. -Ray

    Reply
    • I have had clients return and they have sometimes been questioned, but there was never an issue about being unable to re-enter. I think the worst case is that they would be sent to court after they enter and possibly detained, but the chances of this are very low. I wrote more about this issue on January 6, 2016. Take care, Jason

      Reply
  8. Hello Jason,

    Thanks as always for being the resource for us. I have a question about the need to change address.

    My pending asylum address is my relatives apartment here in Virginia. I also live in a nearby city. I changed a couple of apartments recently. But since getting EAD renewals is taking taking long and we are preferred to keep our initial address. I do not want to miss documents and this is a stable adress

    Now I am trying NIW and gave the current apartment address for I-140. I am going to file I- 140 soon and if things go well to I- 485 in the near future.

    Do you suggest that I change the address of the pending asylum to my current apartment from my relative? I am curious if uscis would check during possible change of status why I kept my old address? I can easily change the pending asylum address to the one that I am using for I-140.

    Maybe I am overthinking this but I look forward your recommendation if I need to change my address asap or if it does not matter keeping my stable address of my relative.

    Thank you

    Reply
    • Many forms allow a mailing address and a physical address. For those forms, you can use the mailing address of the stable location that will not change. For other forms, you can also use the mailing address, but make a note somewhere (maybe on the supplemental page or the cover letter) indicating your physical address. I think if you do that, it should be fine. I do think your various application should all be consistent, so do not use one address for one form and a different address on another form, unless you explain what is going on. If USCIS sees different addresses, it may cause problems for the cases. Take care, Jason

      Reply
      • Thank you very much Jason. I better change my address to the current one then to make it identical. Thanks again

        Reply
  9. Hi Jason,

    I have been a pending asylum applicant since 2016. My employer is willing to sponsor me for an EB-2 visa. I have the following questions.
    1. If I want to start the EB-2 process, do I have to drop my asylum case? Or can I run both cases at the same time?
    2. Is it necessary for me to travel outside of the USA to obtain an EB-2 visa?

    Thank you

    Reply
    • 1 – You can do both at the same time. 2 – It depends on the situation. If you are still in status (and the pending asylum case does not count), you can probably get the GC in the US. If you only have a pending asylum case and no other status, you may be eligible to get the GC inside the US under a law called INA 245(k) – I wrote about that on August 28 2018. Otherwise, you would need to leave the US (and I wrote about that a bit on September 6, 2018). You would need to talk to a lawyer about specifics to decide whether you are eligible and how this will work. Have the lawyer map out for you in writing each step of the process starting from where you are today until you have the GC in your hand. You need to know whether you have to leave the US, and how that will work. Also, what are the risks? Take care, Jason

      Reply
      • Thank you so much, Jason. You always give us detailed and useful information whenever we have a question regarding asylum. God bless you and your family.

        Reply
  10. Hi Jason,
    I have a question for you. Today I called USCIS Contact center to expediate my i730(Asylee relative petition)
    The representative told me to contact Arlington Asylum office. I tried to explain to him my Asylum case already approved. I’m an asylee. I filled my petition to bring my family to USA at Texas Service Center. I got confused. I need your comment
    Thank you

    Reply
  11. Dear Asylumist,
    On this day, I have learnt that there is no need to lose hope in life. I have been up and down for years but I could still live my life. I bought a house and kept my job for so many years as if I was American. After many , many years of waiting, I finally got my approval letter, applied for an unrestricted social security card and I now have a kind of relief. Please let us stay positive. Love you all

    Reply
    • Congrats and so envy 🥺

      Reply
      • Thank you Asylum

        Reply
    • Congrats again!

      Reply
      • Thank you Tina. Read back the words of comfort I wrote you when you were worried about your interview

        Reply
        • Can’t be forgotten! Even with your own uncertainty at the time, you remained strong for others. I am so excited for you!

          Reply
          • I appreciate you Tina

    • Congratulations @ME AND ME. I understand how hard this journey is. Good luck in your new life!

      Reply
      • Thank you so much

        Reply
    • @Me and Me, Congratulation for receiving your approval letter. Thank you for giving us positive energy for remaining hopeful despite enduring an uncertain and never-ending journey of wait. It has been a year that I had my asylum interview. I made 8 in-person inquiries and sending follow up email inquiry each month. As of now, I haven’t received any proper response except saying that my case is under review by Supervisory officer. Could you share your experience? How long you had to wait until you got your approval letter? Any suggestion for me what I should do to get my approval letter too. Thank you in advance for helping me and others reading this blog!

      Reply
      • Hi Aslylum2,
        I have waited for 7 years and one month to get a decision. Can you believe, I worked for the US Embassy in my home country before coming here and I am pretty sure the US government knows more about me than myself but it still took over 7 years for them to issue a decision after interview. I made several periodic inquiries with no avail. I used my senator and Ombudsman office for years but all was a waste of time until my last personal direct inquiry that amounted to them issuing the decision. Just be patient and wait . I used to be shocked to see that people that applied way after me become citizens when I was in limbo but I kept faith and lived my life.

        Reply
        • Hi Me and Me,

          Thank you for sharing your experience. Unfortunately, my asylum is also pending for nearly 7 years and I used to work with directly and indirectly with USAID and US Embassy. Looks extremely strange to me as well. It has been two months that I requested Ombudsman Office to make an inquiry regarding my case. Per your experience, I will make direct inquiries until I also get my decision. All the best with your application to GC!

          Reply
          • Thank you Asylum2. Honestly, though my petition has been approved, I still believe that luck plays a great role in winning asylum in the USA. I provided them with all kind of documents such newspapers , affidavits from local and international organizations, pictures, videos from local and international televisions but yet, it took them 7 years to issue a decision. I have seen people submit one or two-page statement with almost no supporting documents have their asylum approved in less than two months. That being said, I reckon the true secret of this entire process lays in the hands of USCIS only. Keep making inquiries and pray if you do. Good luck .

        • I applied for asylum in 2015. In March 2022 I sent an expedite request. In may my interview was scheduled, but week later it was canceled. In June I sent another expedite request and my first interview was conducted in July. Two weeks later I shown up to the office, but my decision was not ready. So I kept sending expedite requests every 3-4 weeks from July to December (10-15). Also I kept inquiring to the aAylin office every month. I refused to leave the office until I could get some new answers. That way I talked with window employees, stuff supervisors, asylum officers supervisors. They scheduled another interview in September, but 3 days later canceled it. In September I went to the office and refused to leave until I get a new date of the interview. I was interviewed again in October. In October, November, December I kept inquiring and sending expedite requests. I was granted asylum last month.
          Some time you need to fight for your rights, don’t just wait and don’t give up!
          But off course you need to have a strong case with affidavits, documents, photos, articles etc.

          Reply
          • @ANDRII, congratulations for getting your approval! Thank you for sharing your experience with us, very helpful!

          • Very impressive, Of course, it is ridiculous you had to go through all that just to get them to do their job, but sadly, that is how things are working these days. Take care, Jason

    • Congratulation! So happy for you!

      Reply
  12. Hi Jason ,

    I just read in uscis website a new policy effective immediately . It very unclear . Does it mean that if you have lived in the US for +5 yrs and once ucsis produce your green card it will be back dated for +5yrs and you are eligible to apply for N-400 right away .thank you

    https://www.uscis.gov/newsroom/alerts/uscis-clarifies-physical-presence-guidance-for-asylees-and-refugees-applying-for-adjustment-of

    Reply
    • As I read this, it means an asylee can apply earlier for a GC. I plan to do a blog post about this in a few days, so check back and that should have some detail (but in short, I also think this is confusing). Take care, Jason

      Reply
      • Thanks Jason . It’s very confusing and unclear . Then why they mention about N-400 as well ?

        U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual to clarify that both asylees and refugees must have been physically present in the United States for one year when we adjudicate their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time they file their adjustment of status application. This applies to all Form I-485 and Form N-400, Application for Naturalization, applications pending on Feb. 2, 2023, and those filed on or after that date.

        Reply
        • As I read this, there is no effect on naturalization, though I agree that it is very unclear. When an asylee gets the GC, it is supposed to be back-dated one year, and so you can apply 4 years and 9 months from the date listed on the GC (assuming you meet all other requirements). The new memo’s reference to naturalization is related to whether the GC was valid in the first place (if the GC was issued before the person had one full year in the US, this may be an issue, though presumably, that is a rare occurrence). Take care, Jason

          Reply
    • Hi Steve, which part of the updated manual / or somewhere else did you see USCIS mentioning about this: “if you have lived in the US for +5 yrs and once ucsis produce your green card it will be back dated for +5yrs”? Could you please, share the extract? What made you to conclude about this?

      Reply
      • No where mentioned I was just trying ask Jason if that could be correct assumption based on uscis updated news since they included n-400 too

        “ U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual to clarify that both asylees and refugees must have been physically present in the United States for one year when we adjudicate their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time they file their adjustment of status application. This applies to all Form I-485 and Form N-400, Application for Naturalization, applications pending on Feb. 2, 2023, and those filed on or after that date”

        Reply
      • No where mentioned . I was just trying ask Jason if that could be a correct assumption based on uscis updated news since they included n-400 too . Have you read their post ? What’s your input ?

        Reply
      • No where mentioned . I was just trying ask Jason if that could be a correct assumption based on uscis updated news since they included n-400 too .

        Reply
    • This is how I interpreted updated policy. But maybe I am wrong.

      Previous rule – If you are granted asylum on March 1, 2023, you were eligible to apply for adjustment of status / green card not earlier than March 1, 2024. If your I 485 is approved on April 1,2024, then the date on your green card would be April 1, 2023, which means you can apply for citizenship on April 1, 2028, assuming that you do not spend anytime outside of USA.

      New rule – If you are granted asylum on March 1, 2023, you can apply for adjustment of status / green card before March 1, 2024, however your green card application will not be processed until March 1, 2024. If your I 485 is approved on April 1,2024, then the date on your green card would be April 1,2023 which means you can apply for citizenship on April 1, 2028, assuming that you do not spend anytime outside of USA.

      Only difference is you can apply to adjust status in advance but have to wait until at least 1-year anniversary after asylum grant before USCIS start to process your green card application.

      Reply
      • I think the new memo will allow people to apply earlier for the GC, which will mean they get the GC sooner and can then apply sooner for citizenship. One other point – when filing the N-400, you can submit the form 90 days before your 5-year anniversary, so that can save a bit of time as well (of course, you must also meet all other requirements to naturalize). Take care, Jason

        Reply
  13. Hi Jason,
    To get a cancellation of removal, does your case needs to be in the court system or if your case is pending with AO, one can still apply for cancellation?
    Please provide your expertise.
    Thanks

    Reply
    • You can only apply for Cancellation of Removal if you are in Immigration Court (and meet all the requirements). You are “cancelling” your “removal” and getting a GC. Take care, Jason

      Reply
  14. Hi Jason,

    How Can I file for a shortlist on my own , It’s been 8 years I have been waiting.

    Can a shortlist or a letter to director can be a basis for mandamus.

    Thank You as always!
    Regards
    Sra

    Reply
    • Not all asylum offices have short lists, but you can email them to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. I also wrote about expediting in general on March 23, 2022. Before filing a mandamus, you should try to expedite the case in the “normal” ways, such as emailing the asylum office to request that. I guess short listing the case would also be evidence that you tried to resolve the case before filing a mandamus. Take care, Jason

      Reply
    • Hi SRA, if you want to file for Mandamus and ready for your interview and you do not have any other remedy available to you, then just hire Mandamus lawyer and do it. Waiting 8 years for interview is itself abnormal, therefore, USCIS has had more than enough time to schedule your interview during this timeframe. Filing lawsuit against USCIS is not asking to expedite your case, it is suing government for failing to schedule your interview during abnormal timeframe (8 years) and you are asking judge to compel USCIS to execute its duties. Just understand it: shortlist and expedite letters are asking for favor whereas Mandamus is forcing USCIS for action.

      Reply
      • I would just add that to file a mandamus, the person should first try to resolve the delay in other ways – such as asking to expedite. If that fails, then the person can file a mandamus. Failing to “exhaust the remedies” could result in the mandamus being denied. Take care, Jason

        Reply
  15. How long after filing for spouse people getting marriage green card interviews now In California ? Anyone ?

    Reply
    • I do not have cases there, but most of our cases in general are taking about a year or 14 months. You can check processing times at http://www.uscis.gov. Take care, Jason

      Reply
    • I have applied for marriage based green card on November 2022. They have approved i130 less than 90days without interview. I am waiting for I485 result. LA office

      Reply
  16. Hello Jason

    Thank you for your all support you are a blessing for the asylum community.

    I have one question do we need Canadian visit visa to go to Canada on a US Refugee Travel Document based on asylum approved?

    Thanks

    Reply
    • Why don’t you ask the Canadian Embassy for information…

      Reply
    • Sorry, I do not know – You can check the Canadian embassy website and maybe that will help, or call them. Take care, Jason

      Reply
  17. Hi Jason,
    Thanks sir for all your support. I’m a dependent to my wife’s asylum application that is pending since 1/2018. I have been in the USA for 11 years and never left it a day. I know that cancellation of removal requires me to be in a court.
    1- Can I separate myself from my wife’s pending asylum application and apply for a new asylum application? In this case I will be transferred to a court and I can apply for cancellation of removal!
    2- does separating myself from my wife’s application require a reason as divorce?
    3- How long does the cancellation of removal process take to get green card?
    4- are there any disadvantages of getting a green card through cancellation of removal than asylum?

    Thanks a million Sir!

    Reply
    • What is cancellation removal?, if we request and judge grants, will be able to get green card?, also if i will have individual hearing in next month can i request that too?, thank you.

      Reply
      • Cancellation of removal is for those who remained in the US for 10 years with good morals and have American citizen children whom he fear the return to home country will harm them.

        Reply
      • To get Cancellation, you have to have 10+ years inside the US before the court case begins (look at the date your Notice to Appear was issued); you need to have a US-citizen or green card spouse, parent or child who will suffer extreme hardship if you leave; and you need to be a person of good moral character, meaning no serious criminal or immigration issues, paid your taxes, etc. If you think you may qualify, talk to a lawyer about the specifics of your situation to be sure. If so, you will probably need a continuance, as you need to file a form and get a receipt from USCIS, and I doubt one month is enough time to do that. Take care, Jason

        Reply
    • 1 – Potentially, but I doubt your asylum case will be processed any faster than your wife’s and so this may not get you to court more quickly. 2 – No, she can remove you from the case. I have not done that, but presumably, she can email the asylum office to ask that you be removed – she can find the email if she follows the link under Resources called Asylum Office Locator. Due to the one-year asylum bar issue, you should probably file your own asylum case before you are removed from her case. Also, you would probably file at the Asylum Vetting Center – see the Special Instructions on the I-589 page at http://www.uscis.gov. 3 – It is not fast. First, you have to get to court, which could take years, then you have to wait for the decision, and then, if you win, there is a waiting period for the GC. Maybe that is 2 or 3 more years. 4 – No, but my sense is that this plan is not going to make things faster for you, and you would be better off just sticking with your wife’s case. You can try to expedite her asylum case – I wrote about that on March 23, 2022. Take care, Jason

      Reply
  18. Hi Jason. I am Asylee with GC. I got my GC last year and it was dated one year back. Means 2 years old card date on Card.I applied for Asylum in 2015 and my Case granted in June June 2018.My old Lawer called me today. He told me that USCIS has changed the rules and you can Apply early for Citizenship.Is it True?
    Also He told that me about my a friend who is also his client and he Granted Asylum 5 months ago but he applied 7 years ago. He told that he can also apply for his Green Card Early. So is it True?

    Reply
  19. Hi Jason, my individual hearing for asylum is next week Wednesday. My attorney applied for cancellation of removal as well. I got the receipt last week. Upon checking the receipt today i saw my first name and last name got mixed up in the notice. I am not sure if its the error from my attorney office who filed my eoir 42b or from USCIS. Pls let me know what to do in this situation. How do I correct it. Thank you

    Reply
    • Certainly you should tell the attorney, but this probably will not make a difference – at least I don’t think it will. You can inform the judge and hopefully that should be enough, since the purpose of the receipt is only to get your money and make sure your biometrics are complete. The judge will decide the case and any order should be in your correct name. Take care, Jason

      Reply
  20. Hey Jason. Thank you so much for all you do here. My wife who is from my COP but not mentioned in my case at all and not mentioned as she would be in danger in COP. However, she is derivative and has RTD and unexpired COP passport. Can she travel to COP and return to USA? She can explain her situation to the CBP officers but I am cautious about her getting to the plane in COP since they will see her Refugee Travel Document when they ask for her visa.

    Reply
    • In that situation, I doubt there would be a problem for her or you in terms of your immigration status. She does not need to use the RTD when she enters or leaves the COP. She can use her passport for that. Take care, Jason

      Reply
      • I was worried for her when she leaves the COP to come to the US. What if COP officers would ask for her visa or travel document -which is RTD- to check at some control point at the airport.

        Reply
        • In that case, they would see her RTD which says Refugee/Asylee. I am worried about that.

          Reply
          • I think that is something reasonable to worry about, and she needs to consider this risk when deciding whether to travel. Take care, Jason

          • Another question related to my previous question. If she leaves the US with RTD to go to COP how long she can stay there and during her visit there if her pending green card arrives at our US address. Can I send her GC to her so she can leave the COP with her green card?

          • As long as she has a valid RTD, she can re-enter the US. The GC does not work like a passport, and so if she leaves the COP, she will probably need to show a passport. The GC lets her enter the US. In terms of mailing or sending the GC to her, I am not 100% sure that that is allowed. However, if she has the GC, she can use that to re-enter the US as long as she has not been outside the US for 6 months or more (well, she can re-enter the US if she was outside the US for 6+ months, but an absence of that length or longer can cause problems, especially if it is one year or more). Take care, Jason

          • Thank you so much, Jason. One last question, really, can she carry her RTD and passport together? Just to be on the safe side, we plan to get her a Schengen visa on her COP passport (She doesn’t need a Schengen visa if she has RTD). So she will go to Germany and then go to COP with her passport. When she flies back to the US, she will again fly to Germany with her Schengen visa, stay there for a night or 2 then she will get a ticket to US and come back here with her RTD. The only purpose of this plan is not to be asked by COP airport officers for her VISA or Travel document at the airport when she fly back to the USA. Because if they ask she will only have RTD for US which can cause problems.

          • I think most people who travel have the passport and RTD, and so I do not see that this would be an issue. She could, of course, be asked by the US government about using the passport, but I think she can explain that. Take care, Jason

          • I can’t thank you enough, Jason. What you do and help people here unselfishly is on another level of how a beautiful heart you have. I am forever grateful to you. Take care! God bless you.

          • My pleasure – Thank you, Jason

  21. Hi Jason. I am G C holder on basis of my father sponsored our all family on form i730 . He granted Asylum and he is Asylee. I want to go my home country for Marriage and then will apply my wife for i130. I am not any political person and i have no any charges in my Home country. Only my father is political person.
    My Questions are:
    1. Will it not be problem to come me back on airport?
    2. Will it not be problem to grant i130 form of my wife?
    Please guide. Thank you.

    Reply
    • 1 – I highly doubt you would have a problem. I suppose you should be prepared to explain why you went and how you stayed safe if asked, but it is very unlikely you will be asked. I did a blog post about this issue on February 10, 2022 (near the bottom) and that gives a bit more info. 2 – I do not see how there would be any effect on the I-130. Take care, Jason

      Reply
      • Jason, thank you for your response. I am just a little curious- if the asylum claim is political in nature (meaning, the father fled the COP because the government wants to persecute him), wouldn’t it stand to reason that the children could also conceivably be targets, regardless of whether the children are political advocates? This could easily be explained if the persecution was coming from private actors or if country conditions have improved such that there is no threat. However, since the government controls the borders and the airports, and the government also issues passports and birth certificates, and I am assuming that the oppressive government is still in control, I fail to see how the derivatives wouldn’t, at least, feel a sense of unease travelling back to the COP (uneasy because they could potentially be targeted by their government and not because of what the US government thinks). Theoretically, they could enter and exit the COP without being detected. But, that still does not get rid of the fact that the former asylee shouldn’t be aware that s/he could potentially be restricted/imprisoned, barred from leaving, or persecuted. The person who asked the question seems to be more concerned about the US government questioning him/her about his/her travel to the COP than actually travelling back to the COP where his/her immediate family is supposedly wanted/could potentially be persecuted.

        In any event, recent Circuit Court and BIA rulings have made it clear that former asylees- those who have adjusted their status to LPR- are free travel and they are not restricted by the travel restrictions outlined in the INA (such as asylees having to get an RTD before can leave and enter the US, for example). As such, it would be difficult for USCIS/EOIR to take away your status just because you visited your COP. As such, I am thinking that they would have to show, by almost a preponderance of the evidence, that your asylum status was fraudulently obtained.

        Reply
        • Jamie, would you be able to share the actual case from BIA or Circuit Court about that?

          Reply
        • Realistically, I doubt that a person whose dependents travel back to the COP would lose their asylum status. But I do think there is some risk that this could alert the US government to a potential fraud and that this could begin an investigation. Given that such an investigation is unlikely to get anywhere, maybe the US government would not begin it in the first place. The problem is that you never really know, and these issues can come up again when applying for a GC or citizenship. And of course, I do agree that any legitimate asylee would feel nervous returning to the a country where the anyone wants to persecute you or persecute your close family member, but there are many reasons to go back, and a return trip does not indicate that the case was fake – though it is a potential red flag. Take care, Jason

          Reply
  22. Hey Jason. Can you please explain what’s this about? Looks like USCIS is trying to get more work on their hands.
    https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230202-RefugeeAsyleeAOSPhysicalPresence.pdf

    Reply
    • This is new. I may write a blog post about it, and I have only seen the headline, but I think the idea is to allow asylees to apply earlier for the GC (instead of waiting for one year after asylum is approved) in order to save time. Take care, Jason

      Reply
    • It seems like the main purpose is to protect refugees who may have trouble satisfying the one year of physical presence requirement, but the memo is kind of confusing, so maybe USCIS will provide more clarity at some point. Take care, Jason

      Reply
      • Thank you, Jason! Definitely need some clarification as it’s not much clear about what they were planning to accomplish with this policy. Would love to see your blog post when you get the chance. Appreciate for all the help. God bless you and your family. Best!

        Reply
        • I am confused by the memo and so I am not sure when I will write about it. It seems to me that if an asylee has one year of physical presence in the US at the time the I-485 is adjudicated, the asylee is eligible for a GC. Previously, the asylee had to wait one year before filing the I-485. Since the I-485 often takes 1+ year to adjudicate, it may be that an asylee can file for the GC immediately upon receiving asylum. By the time USCIS adjudicates the case, the person will have been in the US for more than one year (since USCIS is usually very slow). The problem is, sometimes USCIS takes less than one year to adjudicate the case, and if that happens, presumably the GC would be denied. If this is correct, the whole process is quite arbitrary and it is completely unclear when an asylee should file for the GC, since we do not know how long it will take USCIS to adjudicate the case. Leave it to USCIS to implement a policy that is supposed to help, but only causes more confusion. Anyway, maybe they will clarify at some point. Take care, Jason

          Reply
          • I was wondering that too if it would take less than a year to adjudicate. My understanding to this they would ask for RFE to prove when 1 year presence completed if the person would apply for AOS as soon as granted for asylum. However, it’s just more work for them to do and it doesn’t make any sense. It’s crazy how they make everything more and more complicated even though there are thousands of cases backlogged.

          • Hello jason,
            It seems the memo does not eliminate the one year requirement. This memo clarifies that the one year rule for refugees is irrelevant if they can not prove that they physically present in the country during the one year period. For instance, I admitted as an refugee or got asylum status one year ago, but i have been out of the country for three months. Even if I am eligible for adjustment of status after one year , since i have been out of country the one year rule become irrelevant to my case.

          • I think the main point of the change is to clarify the situation for refugees (as opposed to asylum seekers). However, as written, the memo seems to indicate that asylum seekers can now apply for a GC before one year in the US. I am not sure this is the intention or whether it actually changes anything for asylees, as it is not very clear. Maybe we will get further guidance and if so, I will try to write about it here. Take care, Jason

        • Per this policy you can send your adjustment of status before the can satisfy 1 year physical presence at the time of the adjustment of status rather the time of filing . Based on this policy , I’m going to submit my AOS application next week. My asylum was approved on April 7 so by the time they adjudicate my case I will have the 1 year physical presence . Wish me luck and I will be sharing with you the outcome of this new policy .

          Reply
          • Looking at the memo, this makes sense, but whether that is the whole story, I do not know. You might also check the I-485 filing instructions (at http://www.uscis.gov) to see if USCIS has updated those and if so, whether that clarifies the situation. Take care, Jason

      • Several issues exposed by this memo and the thread.

        1). It seems the agency will need to do a clarification of their “clarification” 😂

        2). It once again reveals that so many so called “asylum seekers”…they are greedier than just obtaining asylee status…their true intention is permanent residency and/or us citizenship…

        I think this can say a lot about whether they are bona fide asylum seekers or … people who take advantage of asylum system to gain residency…the eagerness is out of scale upon hearing that you don’t have to wait for 1 year to apply for asylum…isn’t it ? 🙃

        Reply
        • I get your point, however, immigrants with legitimate claims like myself, main goal is to become a U.S. citizen as soon as possible. And obtaining permanent residence is the path to naturalization. With how the system is becoming crippled and the government is unpredictable, personally speaking I would be eager to file asap also for reasons like those etc.

          Reply
          • Why not just stay asylee status ? and keep renewing ?

            After your country’s situation is settled, you can always go back.

            In my opinion, permanent residency and us citizenship are unwarranted extension of immigration benefits to asylum seekers.

          • Hopefully, this also includes reducing the time to qualify for naturalization. I want to get my US Citizenship so I can stop applying for RTDs each year and paying $200 a pop. Also, would like to just feel like I am fully a part of American society without the asterisk.
            It still does say I need to satisfy the 5-year requirements on their website documentation, but reducing that to 3 years just like marriage would be awesome.

          • If I recall, the 5-year requirement is in the statute and so cannot be changed without Congressional action (and there is probably no chance of that anytime soon). However, if you are permitted to apply earlier for the GC, that will help. Take care, Jason

        • I am not certain that Asylee status can be renewed when it is granted indefinitely. Waiting almost 2 years just for a RTD that is only valid for 12 months is not much of a benefit as being a permanent resident who can travel and return as you like with a valid GC. Not to mention naturalizing, I don’t know about you but the administration seems like a terror and if things get worse and laws are changed, with you already being a U.S citizen it’s highly unlikely you will be affect by changes crippling the system more than it is. And by the way, returning to your COP with just asylee status after the “situation” is settled as you mentioned, would clearly indicate to the U.S government that you no longer need or qualify for asylum and it might be terminated if you intend to return to the U.S.

          Reply
        • 1 – Yes. 2 – Asylum seekers want stability and to call that greedy makes no sense. And in any event, this is a policy from the government; not a policy created by asylum seekers. Take care, Jason

          Reply
        • A lot of discussion here, @Jason @Asylee @Enronn, that’s a good thing 🙂

          But yeah, I correct that asylee, once granted, need not to be renewed.

          But still, it doesn’t justify the granting of permanent residence and us citizenship. Stability is not a valid reason for the privilege of permanent residency and us citizenship. I cannot show up at U.S. border and claim that “I want stability so I need to be granted permanent residency and us citizenship”. In my opinion, because of this, the asylum seekers are circumventing the rule, because they can’t get permanent residency and us citizenship on account of stability, they first claim that they fear persecution to secure asylee status, and then because the rule permits asylee to apply for permanent residency and us citizenship, they, after securing asylee status…naturally apply for permanent residency and us citizenship…

          I just feel that, they should not be allowed to vote, asylum seekers should be at best treated as withholding of removal people…no direct path to permanent residency and us citizenship. They can maintain their asylee status, and their family could follow to join as derivative asylees…

          US citizenship is a privilege and should be granted based solely on blood, lineage and DNAs (of course necessary but not sufficient)…this maintains the purity of the race and ethnicity of the country.

          Reply
          • To be honest, your opinion sounds like ignorance! Not just for the fact that you keep referring to asyless as “they”. Immigrants on a whole has been building this country so why are you disagreeing with the government for creating a path to citizenship for whichever category of immigrants they choose to? A lot of people actually remain as asylees and some even remain as residents, if that makes you feel better. As Jason said, the administration makes the rules, asylum seeks did not come to America and make up the laws themselves. Most major categories of immigrants misrepresent the government in some way or the other just like the government misrepresents themselves for the most part.

          • While I will leave this comment up, I am going to start deleting future comments from you. At this point, it seems you are mostly writing to antagonize people and it is simply a waste of everyone’s time, including mine. Take care, Jason

  23. Good afternoon Jason,
    After 7 years of waiting for my decision, here below the update I got this morning. What would this mean to you?
    Fees Were Waived
    On February 2, 2023, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number **************. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you have any questions, contact the USCIS Contact Center at http://www.uscis.gov/contactcenter. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.

    Reply
    • That means you are approved for asylum and they ordered a new EAD for you as category A5

      Reply
      • That is great to hear then. This has been a very very long journey. Hope I get the notice soon. Thank you for responding

        Reply
        • Congratulations ME! I am so happy for you. It is often positive news.

          Reply
          • Thank you. Let me get the notice first

    • @ME omg, it’s really long long time. Congrats!!

      Reply
      • SW, It is indeed long. No joke , it takes a man to wait for a decision for 7 years

        Reply
        • Me,

          Congratulations! Did it take 7 years after an interview to get a decision? Which office was handling yoir case?

          Reply
          • Yes, it took 7 years to get a decision. My case has been in Chicago

  24. Hi Jason. Thank you for all the help. My individual hearing for Asylum is next week. My Attorney has also applied for cancelation of removal (10 years) and i got the receipt last week.

    1. Will the judge address the cancelation of removal on the same individual hearing or will it be on a different hearing.

    2. What will happen if my asylum is denied. Will i be deported, or will i be allowed to stay until my cancelation of removal is processed. And can i renew my EAD under pending cancelation of removal application?

    Thank you.

    Reply
    • 1 – Normally, the judge would decide all applications for relief at the individual hearing. 2 – If cancellation is granted, you will get a GC. This takes a couple years, since there is a waiting period. If everything is denied, you can appeal to the BIA. That process usually takes 1 or 2 years, but sometimes, it is a lot faster (or slower). If the appeal is denied, probably you would need to leave. Best of luck with the case. Take care, Jason

      Reply
      • Thank you

        Reply
    • My uncle’s case is in Chicago, waiting more than 4 years for decision after interview and he is elderly man. Is there anything you did to speed this up? He is from middle east so I think that has to do with it.

      Reply
      • I did a blog post about this on June 2, 2021 and maybe that would help. I have noticed that men from majority Muslim countries tend to wait longer than others, though 4 years is a very long time to wait. Take care, Jason

        Reply
        • Hello All, Happy Black History Month!
          So I was thinking about contacting Senator or congress-person in my area and I found out that one is extremely on the right (anti-immigrant) and the Senator is Democrat but from his speech not a great fun of asylum seekers. Is it good idea to contact both of them or just stick to the Democrat one?
          Thank you,

          Reply
          • What’s strange is that when you reach out to these offices to help (with USCIS, for example), they tend to help, even if the Senator or Congressperson is anti-immigrant. So I think you can reach out to this Senator if you want, though I suppose if you have the choice, maybe the more immigrant friendly person is the better bet. Take care, Jason

  25. Hi Jason,
    After waiting for my asylum decision for 7 years, here is the case status update I received today. What does it mean.
    Fees Were Waived
    On February 2, 2023, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number ZCH-************** We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you have any questions, contact the USCIS Contact Center at http://www.uscis.gov/contactcenter. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.

    Reply
    • Many people would say that this is a positive sign, and that the fees were waiver to produce your new EAD, based on asylum approved. Hopefully this is correct, but you cannot be sure until you receive the letter in the mail. Good luck, Jason

      Reply
      • Thank you Jason. You cannot imagine how helpful you have been throughout this process. I will let you know as soon as I get the notice

        Reply
        • I feel like I am always the cautious one when interpreting this message, but mostly, I just don’t want to jinx anyone (I am very superstitious!). Take care, Jason

          Reply
    • Me and Me, I am so happy for you.
      By my understanding , they waived the fee for your asylee based EAD.
      CONGRATULATIONS!!!!!!!!!!!!
      Please keep us posted!

      Reply
      • Thank you Tina. I was already desperate at the point that I didn’t even want to post anything. I will keep you guys posted once I get the notice

        Reply
    • Me and Me

      Congratulations! Could you please share your timeline? When did you have your interview and when did you filed your application? Thank you so much!

      Reply
      • Hi Emad,
        I applied in 2014 and was interviewed In January 2016, finally the decision has just been issued

        Reply
  26. Dear Jason,

    I am the principal asylum applicant with a pending case. I am also a derivative applicant in an AOS application based on an approved employment-based petition of my wife. I have been working with my asylum EAD for 2 years and I have recently been offered a very good high-paying job in a big tech company, however, due to my nationality being subject to US sanctions and Export Control Licences, I can only work for the company if I become a permanent resident. I wonder if I can request to expedite my AOS application considering I am the derivative applicant of my wife’s case based on the fact that I am facing a great financial loss by not being able to work in the job which needs my AOS to be approved?

    Reply
    • You can try, as financial loss is a valid reason to expedite. I wrote about expediting in general on January 29, 2020 and maybe that will help. Take care, Jason

      Reply
  27. Dear jason

    I have a question. My children came in US through petitioning I-730 which required them to do medical examinations and vaccines with US immigration Doctor in my home country. Which is a year ago. So now they are due for applying Green cards. Do they have to do medicals again here? Or the US system already has their medicals.
    Please advice
    Thank you.

    Reply
    • Double check the I-485 form instructions, but my recollection is that they need to do the exam again. If you are not sure, you can just send the application without the exam, and if USCIS needs it, they will send a letter requesting it (we send most of our GC applications without the medical exam and it does not seem to cause any problem or delay). Take care, Jason

      Reply
  28. Hello Jason,
    USCIS confirmed receiving RFE medical examination for our asylum based I-485 application two months ago. As we have not received any interview notice neither via the online status nor via mail, today we received Form G-56 only for my wife and my kids to appear in the local office. The letter has scheduled a date to attend, stating that it is related to “…an official matter”.
    I am not sure if this is a negative sign to our application? Could that be for a regular interview?

    Reply
    • Maybe that is for the interview. I think sometimes USCIS uses this form for interview notices, though normally, they use a different form. If your wife and children have criminal issues or immigration fraud issues, you should talk to a lawyer to be safe. Since they probably do not, I expect that this is just their interview. As the husband/father, you can attend as well, but probably USCIS is not yet ready to interview you and you will have to wait for your notice. Take care, Jason

      Reply
  29. Good evening,
    Today afternoon and after 4 years from the asylum interview, my case status was updated from ( my application is pending) to ( my decision is pending). Any indication for something, does it mean something? Please advise.

    Thanks,

    Reply
    • After the interview my status was:
      1. Decision is pending
      2. Application is pending
      3. Decision is pending
      4. Fees were waived
      5. Decision

      Reply
      • Hi Andri,
        What was the outcome of your application. After the fees were waived yesterday, today the update is the following. Case Status Information for Receipt Number: ZCH************
        Boîte de réception

        USCIS-CaseStatus@uscis.dhs.gov
        08:30 (il y a 1 heure)
        À ELSI.TOP.CONST

        *** DO NOT RESPOND TO THIS E-MAIL ***

        There has been a recent processing action taken on your case.

        Receipt Number: ZCH***************

        Application Type: I589, APPLICATION FOR ASYLUM
        Your Case Status: Decision
        We reached a decision on your application. You should expect to receive the decision shortly. You must follow the instructions in your decision letter as to what to do next.

        During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.

        Log-in to your myUSCIS account to view your case history and understand what you can expect to happen next on your case.
        Current processing times can be found on the USCIS website at under Check Processing Times.

        Sincerely,

        Reply
    • I do not know that there is any difference between those two messages. It would be nice if USCIS provided an explanation about that. You can inquire about your case by emailing the local asylum office and asking. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason

      Reply
      • Hi Jason,
        I mistakenly posted the message above with my case number on it. Could you please delete it for me?

        Reply
        • I erased the case number. Take care, Jason

          Reply
          • Thank you very much Jason. You are a Godsent. By the way, what kind of mail does USCIS use when they issue a decision? Is it an express mail? Do they take long to deliver?

          • Usually, they just send by regular mail, but once in a while, they send by express mail or maybe UPS or FedEx. Take care, Jason

  30. Hey Jason,
    Thank you once again for your informative blog. I have been referred to the IC and the master hearing is February 2024. Now, I am married in State A where the court is but ready to relocate to State B with my spouse. Now, my question is-
    1. Can my spouse file for me in the new State we are moving to?
    2. Do I need to move my case from the IC to the new State I’m moving to?
    3. If i get a GC before the court date, what will the IC do. Will it quash my charges since I’m already married?
    Pls advise. Thank you

    Reply
    • 1 – Whatever address you have at the time of filing, you should use that address on the forms (and hopefully keep that address at least until receipts arrive). 2 – You have to file a change of address in court (form EOIR-33), but the case will go forward. You can talk to DHS (the prosecutor) and see whether they are willing to postpone the case or dismiss the case based on your marriage, which they often do. Normally, we first file the I-130 and once that is pending or approved, we try to dismiss the case. Hopefully, you have a lawyer to help, as it makes this easier. 3 – You cannot get the GC unless you either dismiss the court case and apply through USCIS or the judge gives it to you at a hearing. The most common approach is to get the case dismissed and apply through USCIS. Take care, Jason

      Reply
  31. Hi Jason,

    I have a pending i-485 application based on grant of asylum. My new employer wants to sponsor me for H1-B and enroll me in the lottery. I explained to them that my asylee status allows me to work in the US but it seems that they are not familiar with it. They still want me to enroll in the H1-B lottery arguing that it is “firm policy”. I am afraid that if I refuse to enroll in the lottery i will lose my job so I wanted to ask you what happens if I apply for h1-b while I have a pending i-485 application ?

    Thank you

    Reply
    • No offense to the employer, but that is a ridiculous idea. Asylum status is superior to H1b status, and you are simply waiting for a GC, which is far superior to H1b. I suppose if the employer insists, you can go along with it, but it is a complete waste of money and will get you nothing (except perhaps some confusion). I would try very hard to avoid following this hair-brained scheme. Take care, Jason

      Reply
      • On this point, I completely agree with you.

        I had issues with employers regarding immigration issues. In my opinion, I get total control of my immigration matters, together with U.S. government and my counsel.

        I don’t understand why employers feel entitled to get their hands on private matters (other than I-9/E-verify, which requires the submission of minimum documentation, though still subject to a lot of privacy provision)

        Reply
        • Just provide your grant of asylum notice that you got from USCIS with your i-94 to their HR department. Also, educate them on asylum by pointing them to US Government literature:

          https://www.uscis.gov/sites/default/files/document/brochures/USCIS_Welcomes_Refugees_and_Asylees.pdf

          Reply
          • Hi Jason,
            I have a question for you. Today I called USCIS contact center to expediate i730 (Asylee relative petition). The representative told me to contact arlington asylum office. I tried to explain to him my asylum case already approved and I applied to Texas service center to bring my family to USA. I got confused.
            Thank you

          • I do not think the asylum office has anything to do with the I-730, and so I believe that the person on the phone gave you wrong advice (it would not be the first time). There is link under Resources called I-730 Family Reunification Manual and I think it gives some ideas for expediting an I-730. Also, I did a post on January 29, 2020 talking about expediting in general with USCIS. Maybe those would help. Take care, Jason

  32. I have a question about work permit renewal, I have 5 months until the expiration date so my question is should I apply it now or should I wait until it left 3 months

    Reply
    • If the work permit is based on asylum pending (category c-8), the soonest you can file to renew is 180 days before the current card expires. Take care, Jason

      Reply
  33. my work permit will expire on July and I am not sure how many months before expire should I apply for renewal or how fast will it come after applying?

    Reply
  34. my work permit will expire on July and I am not sure how many months before expire should I apply for renewal or how fast will it come after applying?
    Thank you

    Reply
  35. I have a question about I-765 form, my work permit will expire on July and I am not sure how many months before expire should I apply for renewal or how fast will it come after applying?
    Thank you

    Reply
    • If the work permit is based on asylum pending (category c-8), the soonest you can file to renew is 180 days before the current card expires. Take care, Jason

      Reply

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