I don’t mean to be a Negative Nelly, but why is it that when USCIS tries to make things better, it often creates more problems? The latest difficulty involves a (presumably) well-meaning effort to allow asylees to adjust status (i.e., get their Green Cards) more quickly. The problem is that the memo creating the new policy is confusing, and leaves us (or at least me) wondering about how best to conform to the new system.
Up until last week, if a person with asylum wanted to apply for a Green Card, she needed to have one year of physical presence in the United States after receiving asylum and before submitting form I-485, the application for lawful permanent residency. In other words, the asylee had to wait one year after the grant of asylum, and once the one year was complete, she could file her application for a Green Card. This one-year time period refers to “physical presence” in the U.S., and so if the asylee left the United States for two weeks, for example, she would have to wait one year and two weeks before applying for the Green Card (and of course, meet all the other requirements to qualify for residency).
Last week, USCIS issued a new Policy Alert that seems to indicate that asylees no longer need one year of physical presence in the U.S. at the time of filing the I-485. Rather, they must have one year of physical presence at the time USCIS adjudicates the I-485. From the Policy Alert–
To be eligible for adjustment of status, an asylee or refugee must have been physically present in the United States for at least 1 year after either being granted asylum status or admitted as a refugee.
Although this eligibility requirement is similar for asylees and refugees, USCIS guidance has differed on whether refugees and asylees are required to satisfy the physical presence requirement at the time of filing or the time of adjudication of adjustment of status.
USCIS is updating policy guidance to clarify that both asylees and refugees are required to satisfy the 1-year physical presence requirement at the time USCIS adjudicates the adjustment of status application, rather than at the time of filing.
Turning to the USCIS Policy Manual (which has been modified by the new Policy Alert), the relevant section explains–
Asylees may adjust status to a lawful permanent resident after being physically present in the United States for at least 1 year at the time of adjudication of the adjustment of status application. A principal asylee’s physical presence starts accruing on the date the asylee is granted asylum.
If a derivative asylee was physically present in the United States when USCIS approved their Refugee/Asylee Relative Petition (Form I-730) or the principal asylee’s Application for Asylum and for Withholding of Removal (Form I-589), whichever is applicable, then the derivative asylee may start accruing physical presence on the approval date of the petition or application. If the derivative asylee is living abroad when USCIS approves the Form I-730 petition, then the derivative asylee’s physical presence begins accruing on the date of admission as an asylee.
A footnote to this section adds–
Because USCIS’ practice and policy has varied with regard to whether the 1 year of physical presence was required at the time of filing or at the time of adjudication of the application, USCIS considers an asylee who was adjusted to lawful permanent residence despite not having accrued 1 year of physical presence at the time of filing their application for adjustment to have been lawfully admitted for permanent residence if the applicant had accrued 1 year of physical presence by the time of adjudication and the admission was otherwise lawful.
As I read all this, asylees are no longer required to wait one year after receiving asylum before they file for their Green Card. If an asylee files before completing the one year, he is eligible to obtain the Green Card, as long as he has accrued one full year in the U.S. prior to the time when USCIS adjudicates the I-485.
Given that it takes months or years for USCIS to adjudicate form I-485 for asylees, all this would seem to indicate that an asylee can now file for his Green Card as soon as he is granted asylum. By the time USCIS processes the application, the asylee will have been in the U.S. for one year, and will thus be eligible for the Green Card. If this is correct, it will save significant time. But of course, things are not so easy.
The main question is, When should an asylee file form I-485 to apply for the Green Card? The day after receiving asylum? Should she wait six months to be safer? Or wait 11 months to be super-safe?
Also, what happens if USCIS adjudicates the I-485 before the asylee has accrued one year of physical presence in the United States? Will the Agency issue an RFE (Request for Evidence) to delay the process and give the asylee sufficient time to meet the physical presence requirement? Or will it deny the I-485 and the asylee is out of luck (and out $1225)?
The Policy Alert does not answer these questions, and so we are left to speculate.
Given the absence of information, I expect to chart a middle course for my clients. Until we know more, I will advise my clients to accrue at least six months of physical presence in the U.S. before they file for a Green Card. It is very unlikely that USCIS will process an I-485 in less than six months, and so I think the risk is minimal (and of course, I will need to advise my clients about this risk). As we learn more, I may change how I approach asylee adjustments, but for now, this seems like a reasonable plan.
While I am certainly grateful that USCIS is taking steps to speed processing for asylee Green Cards, it would be helpful if the Agency could provide a bit more clarity. That way, asylees could file their adjustment applications and feel confident that they are eligible to receive a Green Card.
Good day
Thank you for the information. I filed for asylum in 2017 and l was recently granted 2 June 2023. With this new policy you mentioned does it mean l can apply for GC or l wait for six months. I never left the country ever since . What would you recommend
It’s up to you – I am recommending 6 months, based on the risk of potentially losing the filing fee, as I discuss above, but if you do not mind that risk, you can file now. Take care, Jason
hey jason, a quick question: if i have an unexpired u.s. non immigrant visa, and i wish to travel while my i 485 is being processed, do i need to apply for i 130 or can i just use the non immigrant visa? or does the niv get terminated once you file for asylum?
I am not sure I have enough info to answer the question, sorry. If you have an I-485 pending based on asylum, you should travel using a Refugee Travel Document. I think there is a good chance that the non-immigrant visa will not work, since you obviously have an intent to remain permanently in the US, and this conflicts with a non-immigrant visa, where you must have an intent to leave when the period of stay ends. Take care, Jason
Hi Jason, thank you for the blog, that kept the USCIS a little more transparent than they wanted it to be while we were seeking asylum in USA. After 8 years and USCIS denial after an interview an IJ finally granted asylum in Feb’23. I have a family of 5 and applying for I-485 with an attorney becomes financially burdensome next to impossible. I have a lawyer’s experience from the other country and I think it’s managable to fill out the forms ourselves. Do you know anything if applying independently could delay the processing time for green card approval?
It will not make any difference in the time frame whether you use a lawyer or not. I did a post about applying for the GC on November 13, 2017 and maybe that would be helpful. Also, depending on your financial situation, you may qualify for a fee waiver – check out form I-912, available at http://www.uscis.gov. Even if you pay full fee, you could save a bit by everyone applying together – if you do that, certain minor children (I think under age 14, but you need to check the I-485 web page) pay less when filed with a parent. Take care, Jason
Hi Jason! Thank you for this post and other posts. My question is short. Why processing an asylum based green cards takes longer than any other green cards? Can you give us explanation on this?
I do not know, but it may be a holdover from the Trump Administration, that tried to make it more difficult for asylees to get a GC. Also, it could just be that USCIS is a mess, and they have not chosen to prioritize asylee adjustments. Take care, Jason
HI JASON,
after approval of asylum case, is USCIS Counts the 1 year waiting period in one shift ? means suppose, my case approved on MARCH 01, 2023 and i applied right way for refugee travel document., and adjustment of status ( I-485 ) . After 10 months , on 31 December ,2023 , my refugee travel document approved and on i left USA for vacation into Canada. i spent 2 months in CANADA. and came back in USA on MARCH 01, 2024. Will USCIS , count 1 year presence in USA up to May 01,2024 or i have to reside in USA again for ONE year from 01 March ,2024 and complete one year presence without any break .thanks
You have to add up all the days inside the US, and those must be 365 or more days on the day that USCIS decides your case. If you plan to spend significant time outside the US, you may want to wait a bit longer before filing for the GC to be sure that you have a full year in the US before USCIS adjudicates the case. Take care, Jason
Hi Jason,
I got an approved form I-140 (NIW) in nov 2022. Due to pending asylum, I was waiting for advance parole before applying for adjustment of status.
However in March 2023 I had the asylum interview and the asylum was given.
Can I adjust status as an asylee using the I-140? What would you recommend?
Thank you so much for your help.
There are no rules about adjustment, and so you can do it sooner (see the above article). However, asylee adjustments are generally pretty slow. I do not know the time frame for the I-140 adjustment, but the asylee GC is back-dated one year. My sense is that it will not make a whole lot of difference one way or the other. I do not know all the rules about I-140 adjustments, so you should obviously make sure you are eligible, but I am guessing you are. If so, I think either way should be fine. Take care, Jason
Hello Jason! I have a question about timeline of becoming a citizen for asylees.
I waited 7.5.years the first interview and finally few months ago I was granted asylee status.
Now according to a new rule I have to wait at least 6-7 months from the moment of granting asylee in order just to apply for a green card.
The processing time for asylum based green card is 40 months now according to USCIS. So realistically I might receive a physical green card in 43-47 months (3.5-4 years) from now.
And then, do I need to wait 5 years (60 months) only from the moment of the receiving/approval a physical green card in order to apply for citizenship?
Currently processing time for that is 15 months.
So seems like in total I might be able to become a citizen only in 43+60+15=118 months (9-10 years) from now. Could you please confirm that my analysis are realistic? Thank you
The new rule does not require you to wait 6 or 7 months before filing for a GC – that is just my recommendation. I suppose you can file immediately, but if the case is processed quickly (before you have one full year in the US), it might be denied – we do not know what USCIS will do in that situation, since they have not told us. In terms of your time line, I do not think it will be that bad. We see GCs based on asylum take about 2 years for most people. Then you have to wait 3 years and 9 months after you get the GC before filing for citizenship (most people have to wait 4 years and 9 months, but asylees’ GCs should be back-dated one year, so the wait is shorter). For citizenship cases, those are currently moving very fast – maybe 4 or 5 months. Of course, this all may vary depending on where you live and depending on the policies of the next Administration, but that is how things look at the moment. Take care, Jason
Hello, and thank you for the article. I was going through same thoughts as you. I am taking a risk and filing my i-485 as of 3/23 being granted derivative asylum status as of 8/22. I am also not including a proof of physical of 1 year presene in USA since they made that change. My question do I have to include a proof of 1 year physical presence ??.
We never include proof of physical presence unless there is a good reason to, and so far, that has not been a problem. I would have such evidence available in case USCIS asks, but probably, they will not ask unless there is some reason for them to think you have not been the one-year physical presence requirement. Take care, Jason
Hi Jason
I applied for asylum on Aug 2015, finally had a interview and case was referred to court for a hearing dated November 22 appeared in court without a translator they didn’t let me have my hearing so moved my date for March 23 now my question is I don’t have any supporting documents to present to the court at this time so what will be the outcome of this situation. Thanks
The law requires you to submit evidence if it is available, and if not, you have to explain why you do not have evidence. So it is much better to get evidence and to prepare for the case. Hopefully, you have done that; otherwise, the chances of success are lower. I wrote about evidence in a post on April 18, 2018 – maybe that would give you some ideas. Take care, Jason
Omg Jason. Thank you for this. I had no idea and my lawyer as well as their associates didn’t inform me about this new change. After I was granted asylum, they kind of left me on my own so I am looking everywhere i can for help. I was granted on Nov 2022 and they told me that i had to wait till nov 9 2023 plus until the decision is made for GC. He said it could even take years so advised me against traveling outside. But according to your info, are you saying that I can apply on may 9,202.
After that i cannot travel until uscis decides so as to complete 1 year right which we dont know when?
Also does states make difference in the processing time? I am New york resident but changing to Pennsylvania. would you know if PA is faster or slower with GC compared to Ny?
This has no effect, though you are required to inform USCIS about the change of address using form AR-11, available at http://www.uscis.gov. Take care, Jason
The new rule only recently went into effect, and it did not exist at the time you filed for asylum. You can apply for the GC at any time; I am just recommending 6 months as a balance between the risk of an early decision (and possible denial if you have not been inside the US for 1+ years) and getting the GC as soon as possible. You can travel (with a Refugee Travel Document), but when you add up all the time in the US, it must be one year or more at the time USCIS adjudicates your I-485 application; if not, that application may be denied (USCIS has not stated what it will do if the person has not accrued one year inside the US at the time the I-485 is adjudicated). Take care, Jason
Follow up question: If I am denied due to being shoet of 1 year. Let’s say the tome it reached adjudication, I had few months left, what are the risks? Is it just monetary risk of losing application fee? Or are there some other risks? Can I apply again right after or do i have to wait for certain time after denial? If it just monetary, I feel its worth the risk.
Again Thank you so much Jason for your information. I really appreciate you replying to each and every comment. Even when I asked my attorneys just recently, they didn’t inform me about this rule. I would not travel without getting GC just to be on the safe side.
The general problem is that USCIS has not said whether they will try to give you more time if you fall short of the one year, and it would nice if they would clarify. But the only risks are (1) losing the money; and (2) having to re-apply and losing some time for that second case to get processed. Otherwise, there is no problem that I can see. Take care, Jason
If that happens, I suggest you use the option at the bottom of the interview notice to ask for a continuance. My two cents on timing (that seems cheap, so maybe $250 on timing?), if the processing times are two years, I think it’s very safe to send right away. I would check the processing times prior to filing the I-485. Its extremely unlikely for the processing times to change as dramatically as a year in the time between filing and adjudication. I second what Jason said, this news only came out in Februrary 8th, 2023 and as Jason said, they haven’t been crystal clear with the new message. I imagine they don’t want to be challenged in court and are hoping that the language used will avoid a lawsuit and/or injunction to stop the rule.
I hadn’t really thought about a court challenge – maybe that is the reason for the vagueness, but it is pretty annoying. I hope all is well. Take care, Jason
Hi Jason thank you so much for clarification on this new policy. But I honestly still confused.
I’ve been granted asylum in the court in October 2022. Can I apply now for Adjustment of status or should I wait and apply in October 2023? Some people told me you can apply now, but I asked few immigration attorneys and they informed I still have to wait one year before applying but also I must have 1 year of physical presence by the time they will review my application in a simple words while my case is pending I cannot travel outside or it will be denied. But I also applied for travel document and for example If I’ll get it it will expire and I cannot travel outside? Thank you also do you think it’s better to submit medical exam when filing for AOS or send it when they will request?
You can file now, but if you do not have at least one full year inside the US at the time USCIS decides your case, you risk having your case denied. If you leave and return with your travel document, that is fine too, as long as the total time in the US is at least one year when USCIS decides the case. Of course, we do not know when USCIS will decide the case, and if that happens quickly, and you do not have the full year, maybe they will deny the I-485. In terms of the medical exam, you can send that when you file, as long as you do the medical exam and file the case within less than 60 days. You can also wait to do the medical exam until USCIS asks for it. Take care, Jason
Thank you for your article! Could you please clarify for me one question – what is “physical presence”? I came to the USA in August 2021. I was granted asylum in April 2022. I am going to file my application for adjustment status soon. I plan to travel abroad this year, but I am afraid that I must be in the USA for one year when USCIS will be making a decision (adjudicate) for my I 485 form.
If you are physically inside the US for one year, then you meet the physical presence requirement to receive a GC. If you leave for a trip after you have been inside the US for one year, there is no effect on your case, as you have already fulfilled this requirement. Of course, you need a Refugee Travel Document or some way to return to the US if you travel, and you need to be present in the US for any USCIS appointments, but otherwise, the travel should have no effect and you can get the GC. Take care, Jason
My asylum is granted 0n 19 May 2022 am I eligible to apply for Green Card in the USCIS new rule
If you think you will have a total of one year inside the US within the next few months, then there should be no problem filing now for the GC, as discussed in the article above (assuming that you meet all other requirements for the GC, of course). Take care, Jason
Jason,
Thank you for sharing this. I granted my asylum in May last year (2022) after 8 long years of waiting. I would like to apply to the GC since my daughter is turning 14 years old in about 2 weeks. So, what is your recommendation, should I apply now or wait until May? Assuming that USCIS will check that I have been in USA at least for a year at the time of GC adjudication, will they count the 8 years I have been here since I applied?
Thanks in advance.
JJ
You should be applying now, assuming you will have a full year inside the US in the next few months. Unfortunately, you get no credit for the 8 years, though USCIS is supposed to back date your GC by one year, which lets you apply for US citizenship a bit sooner. Take care, Jason
This is a good news for Asylees/Refugees. Thanks for sharing!!!
hello,
im an asylee and getting ready to apply for an adjustment of status, but recently I had a debt collection added on my credit score account, will this stop me from adjusting? i plan to dispute it but I don’t know the impact it can have on my case if I file now. does USCIS check credit scores? thanks
I do not see how that would have any effect on your eligibility for a GC, and so I think this is not an issue, as long as there is no criminal charge (which it seems there is not). Take care, Jason
Hi Jason,
I hope you are well. I am the portioner. I am petitioner for my parents who are not in the US.I have a pro bono lawyer. they are paying all the immigration fees on my behalf. NVC created mother a case number over 5 months ago but my lawyer is not ready to help my mother with the next steps. I left her voice message but haven’t received anything and i sent her email, follow up emails and WhatsApp messages but to date we have not received anything from her. My mother is very worried about her case,. What should i do if the lawyer is not saying any word about my case? How long should i wait to wait for a respond.
I look forward to your reply.
Thank you.
Maybe you need to find another lawyer. There are forms to fill and documents to gather, and even if the consulate is not ready to process the case, you and your mother can be gathering what you need. If the lawyer is not helping, I think you may want to talk to a different lawyer. Take care, Jason
Hello JASON,
Thank you for great post. I am received granted asylum 6 months ago. Is it time to send i485 now or wait a little bit to get more information about this change from USCIS ? what would you recommended? just don’t want to get deny. thanks!
There is no answer to this. If you really do not want to take a risk of being denied, you can wait until you have one full year in the US. I think 6 months is probably safe, since it usually takes USCIS much longer than that to process an asylee I-485, but if you file it, I suppose it is possible that they will process the case very fast and maybe they will deny it. It really depends on how much risk you want to take and how much of a hurry you are in. Take care, Jason
Hi Jason,
My expedited asylum interview just re-scheduled. Is this normal? I mean do you see this usually?
Thanks,
Zufan
It happens sometimes. Usually, a case gets a new date within a month or two. If you do not hear anything in that time frame, you can email them to follow up. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thanks Jason,
Be blessed!!!
Hello Jason,
I am kind of depressed. Baltimore court keeps postponing my case and now it is for 2024 with Crosland David. Is there anything I can do to make the hearing date in 2023?
J. Crosland passed away, and so the case will probably be re-assigned soon. You can call the court clerk to ask – You can find the number if you follow the link under Resources called Immigration Court. Also, you (or your lawyer) can file a motion to request a sooner court date. I wrote about that on April 20, 2017. Take care, Jason
Hi Jason. I am a green card holder based on asylum. My asylum claim involved LGBT and political issues. The oppressive government (the one I had the claim of asylum against) in my home country is gone (voted out) and the new government belongs to the opposition side. Is that reassuring in case I want to use my passport to travel to a third neutral country (not my home country)? In case the US government asks, can I say that the oppressive government is no longer in power? Should that be considered a good answer? Thanks
I doubt the US government will be concerned about using your passport, but if they did ask, this is certainly a reasonable explanation. It might also be that your main fear was not from the government, but rather from members of the community who target LGBT people. If so, that is another explanation. Take care, Jason
Hi Jason. I am Asylee. I granted Asylum some months ago. I applied i730 for my family in Home Country. I received letter from uscis to send my Marriage Certificate by English Translation. I did it by certified person. Now i checked that i did a typo mistake for writing of CITY OF MARRIAGE.in filling the form i730. So how i can do the correction? I have to mail my marriage certificate to uscis now. So can i add corrected page with corrected name of city along with? Or wrote again i730 forms of my wife and kids? Or nothing do and send Marriage certicates only. How i do resolve this issue?
I would send corrections + a cover letter explaining the correction, so USCIS understands what happened. You might also considered getting a USCIS online account at http://www.uscis.gov. If you do that, you may be able to upload documents to add them to the case, which will be more reliable than sending documents by mail. Take care, Jason
Dear Jason,
If I’m a derivative asylee who was already in the US for many years when I received approval of the I-730, does this new rule mean I can apply for my Green card earlier? And I don’t have to wait a full year? It’ll be a year since derivative approval in about 6 months. It looks like they didn’t really update the manual yet and I’m very confused.
You have to have one year of physical presence after asylum is granted. So the time before asylum was granted does not help. However, if you already have 6 months of physical presence in the US since you got your asylum derivative status, you can probably apply for the GC now and be ok. The problem is, we do not know how long it will take USCIS to adjudicate the I-485. If they do it super fast, before you have reached the one year point, it is possible that they will deny the I-485 (the new rule does not make that clear). However, most such cases take 2+ years, and so you will probably be fine to apply now. It would be nice if USCIS clarifies this, but for now, people have to decide when to apply and whether they are ok with some risk of having their I-485 denied (if USCIS happens to process their case quickly). Take care, Jason
Hello Jason. I have 2 questions.
1. I have green card based on asylum. I don’t have a passport or RTD. I plan to visit Canada by land and I might be allowed to enter Canada with my green card. Should I anticipate any issues entering the US by land by using my green card only ?
2. Obviously awaiting. Naturalization in a few years. If I travel abroad for let us say 2 weeks for vacation . Would do those 2 weeks delay my eligibility date to apply for citizenship?
Thanks
1 – I do not know about the rules to enter Canada, though people on this forum seem to have entered Canada with a GC and passport (no RTD or Canadian visa). In terms of returning to the US, the GC is enough. If you also need to use your passport to enter Canada, the US government could ask about using the passport from a country that wants to persecute you, and so you should be prepared to explain that, though it is very unlikely to come up or be an issue. 2 – No, as long as you have 51% or more of your time in the US and have not left for any period of 6 months or longer, you can naturalize in the regular time frame (assuming you meet all other requirements). Take care, Jason
I entered Canada by land only with green card, no canada visa, no passport or no RTD in 2021. I didn’t have any issues returning to the US as well. However, Canada issued a new requirement to have a passport + green card to enter to Canada with all the means including by land in April 2022. You may visit their website-travel.GC.ca for travel requirements of people with green card.Hope this information helps.
Thank you that was very helpful
@A,
I wanted to share my recent experience traveling to Canada by land with just a Green card and it’s pretty smooth. I went through customs without any issue. Returning to the US was even smoother.
Thank you for your response. Do you mind sharing when did you do that? Was it in 2nd half of 2022?
Did you have to fill arrivecan app?
I (from Nepal) am waiting for my decision from asylum interview from May 2,2022 in San Fransisco. This time I went to USCIs office and they told me FBI had not sent my background check. Do you know how long they might take as it’s been a long time now. Also, there is some change in my country and I found more evidence favoring me. Is it ok to submit more relevant documents now or just wait as it might more delay my case. Thank you for your help.
There is no way to predict the time frame for a background check, but at least in my experience, cases from Nepal tend not to have such long delays. Certainly, you can contact them to ask about the case. I wrote about that on June 2, 2021. In terms of new evidence, you cam email that to them, but I do not know whether they would consider new evidence or not. Anyway, I guess there is no harm in sending it. You can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank you sir for your prompt reply. I highly appreciate your valuable suggestions
Hello Jason,
I hope you and everyone in here are doing well . I have a question , I am reapplying for TPS and I travelled last October and came back in December using my advance parole . My question is what date of admission and arrival I have to mention in the application , do I have to mention the first date I arrived into USA (03/2015) or the latest arrival date (12/2022)?
Thank you
I am not sure, as I would need to see the specific question, but I think you can put whichever date seems more appropriate, and then you can circle the question, write “see cover letter” and in the cover letter, you can provide an explanation about the different entry dates. You can also include evidence (such as the I-94 and entry stamps) showing the different dates. If you do that, you should be fine. Take care, Jason
Hi Jason,
Will that have an impact on the naturlizatoon timelime for people who already had their GC based on Asylum ( we waited for one year + 1.5 year processing time ) will USCIS consider this 1.5 l year toward the citizenship requirments ?
Thx,
Applied :March 2015.
Interview : October 2022.
Fee waived: Feb 2023.
A journey of 7 years 11 month is about to come to an end , thanks to the asylum community especially Jason for your update throughout the years ………….. about to open another chapter (Green Card), guys let do this !
I am too superstitious to offer my congratulations until you actually receive the letter with your decision, but this is a good sign. Good luck, Jason
May I ask which office are you with? I’ve been waiting for my interview since 09/2016.
As I read the new rule, there is no effect on when a person can naturalize. You have to look at the date on the GC, and you can file for citizenship 4 years and 9 months after that date (it is really 5 years, but USCIS lets you submit the N-400 up to 90 days before the 5-year anniversary). Of course, you have to also meet all other requirements for citizenship. Take care, Jason
Hi Jason,
Thanks a lot for helping us with your information.I have a question about my situation.
I am on Asylum pending in the US.My mother came to US recently as a green card holder.She is eligible to apply for me for green card.Since Asylum pending is not a Status,I am not allowed to adjustment of status.I have 2 questions:
1.When my mother apply for me,It will take some months for i130 form to be approved,Can I stay in US on Asylum pending during that time?
2.After i130 approval,I should send my documents to NVC and it will take around 1 year to give me an interview,Can I stay in the US on Asylum pending during that one year? If yes,I can go abroad to US embassy after receiving interview date
Or I should leave the US at the time of submitting my application to NVC?in this case I need to live in another country for one year which is very hard for me.(As I said,it will take one year from the time I send my documents to NVC to the time of interview)
I will be very thankful if you clarify this for me.
You should Google “DOS visa bulletin” to see how long the waiting period is for an I-130 filed by your mother. If you are over 21 years old, it is probably 7 or 8 years, and you would probably need to leave the US to get the GC. If you are under 21, the wait time is much faster, but you would still probably need to leave the US to get the GC (talk to a lawyer to see if there is any way to get the GC without leaving the US). As to your questions: 1 – You can stay in the US based on the pending asylum case. 2 – You can stay here until the interview gets scheduled overseas. I wrote more about leaving the US to get a GC on September 6, 2018, but if you try this path, you definitely should talk to a lawyer beforehand. Take care, Jason
Dear Jason,
I’m going to file a writ of mandamus against LA asylum office due to unreasonable delay for almost 8 years despite multiple inquiries and expedition requests.
My declaration was written by me in 2014.Now in 2023 ,during these 9 years, my life has changed that I haven’t written in my declaration. During these years, my cousin , neighbors from my country, who are American citizens and visit my home country every year , have said my mom and sister multiple times we will be arrested in the airport if we return to the home country.They blame me too because I put my kids in danger.They called my husband, who is still in my home country, with unknown numbers and threatened him because of me as a converted religion that put all her family in danger with the stupid beliefs. He hasn’t record the voice.can I revise my declaration with no written proof? how can I express my future fear to the officer with no written proof?Do they believe me?
Can my mom ,sisters, my husband write this down and email me?do they have to notarize it ?is it acceptable and shows honesty?
This is a common situation – you filed your case years ago, and now there are new developments. You can make a supplemental affidavit and get new evidence about the new developments, including letters from people and updated country condition evidence. In terms of letters from your family members, I wrote about how to prepare a good letter on August 16, 2012, and maybe that post will be helpful. Take care, Jason
Hi Jason,
My asylum was approved on January 24 but on before then I applied for EAD renewal with my pending asylum because I didn’t know that my application was approved. On January 30, USCIS sent me a notification to let me know that they had received my application and they even provided me with a receipt number. Today, I see that the asylum office has sent me my EAD A05. Here is my question, Can USCIS refund my money? Also why did they cash my check when they are technically supposed to know that my case was approved? I asked my lawyer but all he could tell me was that what USCIS did was very shameful. What is your take?
Like you, I had a pending EAD application when my case was approved.
USCIS sent me a denial notice for the EAD. I am still “waiting” for a refund of the fee 2 years later.
Based on my experience and what I have read, they will deny your CO8 EAD. Whether they will refund the money, I have no idea because technically, denying a case takes processing.
I am glad you received an unexpired EAD. I think I read in this forum about someone that received an almost expired A5 EAD because of the time it took to issue the decision. Mine had a date 3 months prior (the day of my asylum approval).
Hi Tina,
That is too bad. Mine was still valid for two years that is why I don’t care about the refund anymore and I see no need dwelling on that. Let us know when your family reunion is done and good luck in your endeavors
I highly doubt you will get a refund, as USCIS only issues those if there was an error on their part. Arguably, they made an error, since they may have taken your fee after asylum was approved, but I think this will be an uphill battle. I suppose you can call USCIS at 800-375-5283 and try to reach a person to ask about a refund, but again, I think it is very unlikely you will get your money back. Take care, Jason
Hey Jason,
That is very shameful if they don’t give any refunds. However, money is not the end of the world. Once again, thank you for taking your time to help people like me.
Hi Jason, as always – thank you for all you do! I am preparing my green card application ( got asylum approval 6 months ago) and have a question – do I need to fill out a separate form for my husband who is my derivative? Also there is a question that is asking if person was working illegally in USA , and my husband was , will he get in trouble for this?
Hi Alena,
I am not Jason, and i am sure that he will reply to you appropriately. My understanding is that every one who is part of the case has to submit an individual application. On the question of illegally working; my understanding is that asylum cures that.
thank you ))
Each person needs their own I-485 form, so you would each need a complete application. If he worked illegally, he should reveal that now. Otherwise, it can create problems later on. We have not had issues with people who worked illegally, but USCIS could potentially require a “waiver,” which is another form (form I-602, available at http://www.uscis.gov) where he asks forgiveness for the “sin” of working illegally. Such a waiver is normally easy to get at this stage, and it is better to resolve this issue now than to have trouble later. For my cases, USCIS has never asked for a waiver in this situation, but they could. Take care, Jason
thank you so much! I am disclosing everything, just wanted to see if he potentially could get in trouble for that 😉
Good Morning Jason,
As an Asylee should we send our Mecial with I-485 form when we apply for GC or we send it when they required? If yes from where we can get doctors list for medical?
Thank you.
Jimmy
You can do either way, and in the past, I have sent the I-485 without the medical exam, since I worried that the exam would expire and the person would have to pay for it again. However, USCIS recently announced that cases will go more quickly if you file the medical exam with the I-485. As long as the doctor signed the exam less than 60 days before USCIS receives it, it should not expire (or at least this is what USCIS is telling us). You can find the list of doctors here: https://www.uscis.gov/tools/find-a-civil-surgeon. I would contact a few to get the best price, as prices vary quite a bit. Take care, Jason
Hi Jason
I have pending asylum case in Arlington Va since feb 2017 do you know how long more I have to wait?
I have been waiting for the interview since September 2016. Houston office.
If it is at the asylum office, there is no way to know. Many people from 2015 and 2016 are still waiting for interviews, and when old cases get scheduled for interviews, it seems pretty random. You can try to expedite the case – I wrote about that on March 23, 2022 and maybe that will give you some ideas. Take care, Jason
Hello Jason! Huge thanks to you again for super helpful information here.
I 100% agree with you that the new rule is very confusing. Old rule was clear – applicant waits exactly 1 year after getting asylee status in order to apply for a green card. No questions about this.
New rule says “asylee a must have been physically present in the United States for one year when we (a.k.a USCIS) adjudicate their I-485”. But how applicants can know when USCIS ‘adjudicates’ their application for a green card which is in another words makes a decision?
If they make a decision (adjudicate) super quick in 2-3 months after receiving the application – does it mean, according to the new rules, that applicant doesn’t meet 1 year mark? Maybe they meant to say applicant must present in USA prior to ‘adjudication’ at least 1 year no matter when asylum was approved?
For example, applicant waited 8 years for first interview, finally got approved, then new rule is published 2 month later, then applicant applies for a green card next week or so. Even if ISCIS adjudicates the case after a short period of time (3–6 months) the applicant’s presents in states is more that year (7.5 actually). Is it a valid point or USCIS would consider starting point of 1 year mark after granting asylum only?
Thank you for your answer in advance!
As I understand this, the one year does not start to run until asylum is granted. And so any time in the US prior to that (while the asylum case was pending, for example) does not count towards the one year. Hopefully, USCIS will clarify what happens if they adjudicate the I-485 quickly, before the person has one year in the US after asylum was granted. For now, though, I think waiting 6 months is a reasonable compromise, since it is very unlikely that an I-485 will be processed in less than 6 months. Take care, Jason
Jason, your blog is the only source of reliable information about asylum. Thank you for doing this!
Quick questions, can the derivative apply for adjustment of status before the principal of the granted asylum case?
The only info I found is this
“a derivative may not be granted permanent resident status prior to the principal beneficiary’s obtaining permanent resident status, because the derivative has no right or eligibility for the classification apart from the eligibility of the principal beneficiary’s status, with the exception of U nonimmigrants, asylees, and refugees.”
It’s has exception of asylees, but it doesn’t really elaborate on that
Thank you
As far as I know, as long as the derivative is eligible to adjust, he can file earlier than the principal. I think the language you are quoting is not for asylum, as asylees are listed as an exemption, but I am not sure where that language is from. Take care, Jason
Jason, the average processing time for an asylee based green card right now is 36.5 months.
Do you think it’s a good indicator to apply for a green card?
Their policy is stating:
“USCIS is updating policy guidance to clarify that both asylees and refugees are required to satisfy the 1-year
physical presence requirement at the time USCIS adjudicates the adjustment of status application,
rather than at the time of filing.”
We have been seeing most such cases take 2+ years, but I have heard about some cases taking 6 months. The problem with the new policy is that we do not know what happens if USCIS processes the case quickly – before the person has one year in the US. Will USCIS deny the I-485? If you don’t mind taking that risk, you can file earlier, but I am recommending to my clients that they wait 6+ months to apply for the GC, as I think that reduces the risk that the I-485 might be denied because the client’s I-485 is adjudicated before she has 1 year in the US. As we learn more about how the policy is implemented, maybe I will change my recommendation, but for now, I think that is a good middle ground between filing immediately after getting asylum and waiting the full year. Take care, Jason
Hi Jason,
How can I make a direct inquiry with USCIS about my case.
Thanks
Ali
If you have a receipt number, you can check online at http://www.uscis.gov (check case status). You can also call: 800-375-5283, but it is not easy to reach a person. If this is an asylum case at the asylum office, the best way is to email them directly. You can find the email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thanks Jason,
I sent an email about the inquiry of my case to asylum office which is pending for 7+ years.
Surprisingly I got the response in two days.
I got the following response
An asylum interview will be scheduled as soon as resources permit.
From time-to-time, interview appointments become available after the normal notice period has elapsed. Please contact us in writing if you would like to be added to our “short-notice list” whereby you agree to waive the normal notice period and appear for an interview when contacted via phone. Please include your current contact information in your request, and if you have an attorney, please make your attorney aware of your request. Please note that by choosing to be added to this list, you agree to be contacted by our office within 24 hours of the interview and you agree to waive the 21-day notification requirement. You also agree to notify your attorney that you have been added to this list. Finally, you agree to appear for an interview when contacted, and understand that if you are unavailable at that time, you will be removed from the short-notice list.
Is this a good sign that they are acknowledging it and accepting the short list.
I think if you want to join the short list, you should follow up with them. If you have a lawyer, make sure to clear that first with the lawyer so you are on the same page, and make sure your case is 100% ready to go, so if you get called, you can submit any additional evidence and attend an interview on short notice. Take care, Jason
Thank You Jason ,
One thing I am a bit confused about it that when they say send the request in writing , does it mean to send the shortlist request by physical mail or an email.
Thanks
Ali
I presume by email. If you send it, they should (hopefully) acknowledge that it is received. If not, you should follow up with them until you have confirmation. Take care, Jason
Hello Jason,
My asylum was approved on 03/25/2022. Can i apply my GC this month?
Thannk you.
Jibs
Unless you have spent significant time outside the US, you should be able to apply for a GC now, since it will take probably a year or more to process the GC, but that time, you should have a full 1 year of physical presence in the US, as required to get the GC. Take care, Jason
Does the new physical presence guidance applicable to Naturalization? USCIS mentioned it on the article.
Thank you
It does not. It only applies in the sense that for some people who got a GC under the old rules, there may have been an issue about whether they originally satisfied the requirements to get that GC. The new rule basically resolves that problem (completely or mostly). But in terms of changing anything about naturalization for a person who already has a GC, as far as I can see, there is no effect at all. Take care, Jason
Thank you!
Hi Jason,
Im a GC holder based on a grantrd asylum case, I waited once year after my asylum was apprpved to file my GC and another one year and half to get my GC, and I have had my GC for one year, with that being said I still need to wait for another three years to file for my citizenship, but my question with the new rule is there a possobility to count the one year and half I had to wait while USCIS wad processing my GC and file for my citizen ship after one year and half instead of three years ?
Regards,
As I read the new rule, there is no effect on a situation like yours. You have to look at the date on the GC, and you can file for citizenship 4 years and 9 months after that date (it is really 5 years, but USCIS lets you submit the N-400 up to 90 days before the 5-year anniversary). Of course, you have to also meet all other requirements for citizenship. Take care, Jason
Hi Jason,
I remember you once talked about one of your clients whose case was taking so long for a decision (5+ years) and you guessed that it is due to TRIG issues. I remember you said they also applied to adjust status by being married to a US citizen. Were they able to final adjust status based on marriage? If so how long it took for AOS application to be approved?
I think this was a person who filed to adjust based on a US-citizen child. It took a long time (several years – I do not remember), but he finally got his GC based on the child. As far as I remember, we never canceled the pending asylum case and so that is still pending (I’ll bet that it has been about 10 years). Take care, Jason
I read your comments Mr. Jason and just got serious about your client who waited for 5 years for a decision, and still pending.
What does TRIG mean ? And if your case got this TRIG, does the USCIS tells you ?
Terrorism Related Inadmissibility Grounds. I wrote about that on June 24, 2016. Often, the US government will not tell you that this is the reason for the delay of your case. If the asylum office denies the case for this reason, I believe they generally would say so. Take care, Jason
A co-worker who arrived here from Afghanistan in April 2022 on an SIV told me they are getting help with applying for their green card. I don’t know if its different for SIV’s, but I considered the fact it hasn’t been a year yet but they were able to already apply.
On another topic, I am planning a trip to Canada in August 2023. My RTD happens to expire at the end of August 2023, but my trip is about 2 weeks before the RTD expires. I will also be using my COP passport which has my still valid Canadian visitors visa. On top of also having my GC, how safe it is to travel to Canada and back to the US?
Afghan nationals coming to the United States through SIV program are entitled to receive their green cards within a couple of week upon their arrival. They are going through a lengthy process before coming here. An average SIV case takes around three to four years. Recently thousands Afghan nationals eligible for SIV are stuck in Afghanistan and other countries such as UAE, Qatar and Albania. I believe your co-worker is one of those Afghan nationals that was in the final stage of getting SIV visa but the US Embassy got closed when the Taliban took power in August 2021. Some of the Afghan nationals in their final stages of SIV were evacuated with parole visas and can still get their GCs through SIV but the process might take a bit longer thane a few weeks, probably a few months.
When they were in Afghanistan, they started the process 6 years ago.
SIV cases are also like asylum. I know friends that their cases took 10 years and know people that their cases were processed within a year or two. Unfortunately, the situation is very horrible now. Afghan nationals with SIV cases are stuck in Afghanistan with an uncertain fate.
If an SEV case is granted, the person gets a GC, so maybe that is what the person means. Also, I think USCIS has waived the fees for certain Afghans to get GCs. As long as the RTD is valid, there is no issue returning to the US. In terms of Canada, I am not sure, but if you have a valid visa and a GC, I do not see why they would not want you (they are lovely people, after all). Take care, Jason
They were telling me about the experience once they arrived in the US. It was horrible, they were homeless for months living in a park. They went to several organizations and it wasn’t until they wrote a letter to someone in the governor’s office, they got some help.
As I know, eligibility requirements for Special Immigrant Visa (SIV) are also very lengthy. If i am not wrong, the person has to assist / help US government organization located abroad for at least 10-15 years before being eligible to apply for SIV visa.
There are different types of SIV visas, but I am not sure about all the requirements. Take care, Jason
Canada does not need to see your Canadian visitor visa (valid or not) if you have a valid, unexpired US “Green Card” and a valid travel document or passport. You should check with Canadian officials about the expiration date of the document you will be traveling with. Most countries require 6 or 3 months for the document to be deemed valid for entry into their country. Lawful US residents don’t need a Canadian visa to enter Canada for tourism/to visit family and friends. When you are coming back to the US, you should present your green card, and if you are asked to present your travel document or passport, you should present the RTD if you have it and it’s still valid.
I’ll use my COP passport and Green Card/Canadian Visa to enter Canada and use the RTD/GC for the return trip to the US.
Hi Jason,
One of my friends applied for EAD renewal but he forgot to add a copy of old EAD, and biometric notice. Is that a problem? I mean the application will be returned or rejected ?
Is there any contact number that he can call ?
I do not know if that will be a problem, but it could be. Once he gets the receipt, he can try to send these documents, or if he applied on line, he can submit them online. Or, once he has the receipt, he can create an online account and add this case, and then maybe he can submit the documents online. Otherwise, he can either just mail them in, or wait to see if USCIS requests them. Take care, Jason
Hi Jason, please I sent you an email on 02/07 about lawyer representation. Please can you check this for me ? Thank you for your time.
I have been in court or the asylum office every day this week, and I will get to the emails shortly and respond. Take care, Jason
Hello Jason
My asylum application have been pending for five years without interview. My husband is us citizen. We applied for adjustment of status at the end of November 2022 and my biometric reused on December 7th case being actively reviewed by uscis. On Feb 3rd i got an notification , the approved i130 and sent the approval we did not attend interview and according the uscis agents the interview has been waived on December for the both 485 and 130( i know it is not normal , but the uscis has started this practice for many cases ). Why the uscis did not approve the 485 along with 130. Is it possible there is something unusual in my case or the pending asylum causes delay the case? I did not get any rfe ( I submitted medical exam with package). I knew many cases they approved 485 in 48 hours after i130 approval. I am abit worried.
Thanks
I doubt they will waive the interview for the I-485 and so maybe they are waiting for that, but otherwise, I do not know. Forms get adjudicated by different offices and so it could just be a normal delay. I think it is too soon to inquire about this, but I guess you can try to call: 800-375-5283. I just think you need to wait longer for them to complete the case. Take care, Jason
Hello Jason
What are the things which I need to send to extend my work permit?
Thanks
It depends on the case, and you can find instructions for the form I-765 at http://www.uscis.gov. If the renewal is based on asylum pending, you need form I765, a copy of the old card (front and back), copy of passport and US visa, filing fee, 2 passport photos, proof of the pending asylum case, and possibly other documents depending on the case. You have to check the instructions. Take care, Jason
Hi Jason, this is wonderful news but I’m very confused about what the policy manual still states about derivative asylees. Do I still have to wait for it to be a year since my I-730 petition was approved?
If you were in the US when the I-730 was approved, you have to have one year of physical presence in the US at the time your I-485 is adjudicated. In other words, it is the same rule for dependents as for principals (the rule described in the above article). Take care, Jason
Sorry to write again with……..Hi Jason. I filed Asylum in 2015.My case rejected and now it is in an immigration court since last year. After it i filed i140 & i485 on labour certification,where i was working. Now i got my green card Catagory E36. My Questions are: 1. How i can dismiss my case from Immigration Court for Asylum? After how much time i can file for my Family,present in my Home Country? If yes then maximum what age children are eligible? 3. Can i Travel on my new green card to my Home Country with no issue?
Hi Jason,
Thank you so much for writing on this important topic. I have a request and maybe you got that before but please write something on the validity of the Refugee Travel document (currently it’s issued only for 1 year). Currently, it takes over 14 months to get a new or renew one. It gets even worse when you apply for renewal and takes 14 months to renew and you’re required to send your current RTD along with the renewal application.
If USCIS can extend the validity to 2 years more this will help to reduce the backlog and big relief for many Asylees. Top of it aligns with uscis recent trend to increase the validity of various documents to decrease backlog.
I have actually written about that a couple times – I know one was on May 25, 2022. There was a proposal in about 2008 to extend the RTD to 5 or 10 years, which made sense, but it never happened. I am hoping the Biden Administration will make this change, as it is easy to do and very long overdue. Take care, Jason
Hi Jason. I filed Asylum in 2015.My case rejected and now it is in an immigration court since last year. After it i filed i140 & i485 on labour certification,where i was working. Now i got my green card Catagory E26. My Questions are: 1. How i can dismiss my case from Immigration Court for Asylum? After how much time i can file for my Family,present in my Home Country? 3. Can i Travel on my new green card to my Home Country with no issue?
1 – I am surprised that USCIS issued the card to you while you are in court, but you can try to dismiss the court case. I do have some concern that USCIS might realize it made a mistake, since they are not supposed to issue a GC for people in removal proceedings. You might want to check with a lawyer about that. If the GC is issued properly, you should be able to dismiss the court case. Contact DHS (the prosecutor) and see if they are willing to dismiss, and then they can inform the court. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. 2 – If you have a GC, you can petition for your spouse and children using form I-130 (one form per person). 3 – I would be careful about this. The fact that you got a GC does not negate the old asylum case, and if the US government thinks that the asylum case was fake (because you returned home), you can lose your GC. I wrote a bit more about this on January 6, 2016 (this is for asylees who return home, but the same rules basically apply to you, since you had an asylum case). Take care, Jason
Will USCIS cancel the green card if they realize it was a mistake since they don’t issue green cards to people who have pending asylum cases in court?
If you have a GC, I would try to use that to get the court case dismissed, but I do think in this situation, there is a concern that the GC was improperly issued. Normally, USCIS does not have authority to issue a GC while a person is in court (only the judge can issue a GC while the case is in court). I might have a lawyer look into this more to see what is going on. Take care, Jason
Next 06-Apr-2023 I will complete my 1one year of physical presence in the US, So I thinks I can Apply next week (:
You could probably apply now, given this new memo, but you can also apply next week if you do not trust the info in the new memo. Take care, Jason
Hi Jason,
I have a question for you. 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
As far as I know, that person gave you wrong advice. The I-730 is processed by USCIS and not the asylum office. Maybe if the person is inside the US, the asylum office would have something to do with that, but I do not think so. You can always email the asylum office to check this – you can find their email if you follow the link under Resources called Asylum Office Locator. If they cannot help (and I doubt they can), maybe you can try calling USCIS again. Good luck, Jason
This is very confusing . Does it mean that dependents who are not physically in the US will have to wait one year after arrival in the US , while the principal applicant can already go ahead and apply if they have been in the US ? I thought that they should all apply together .
If a dependent gets asylum outside the US as a result of the I-730, the one-year of physical presence starts to accrue once that person arrives in the US. And so the principal will be eligible for the GC before the dependent. If the dependent gets asylum status at the same time as the principal, they can both apply for a GC at the same time (assuming they have one full year inside the US). Take care, Jason
Thanks for the clarification.
Hi Jason,Thanks for your article on the updated policy regarding Asylee AOS,the USCIS representatives I spoke with on the phone had no clue about this new policy and didn’t know how to interpret it,they basically just recited it to me,my only fear of applying based on this new guidance is than an officer who doesn’t understand or is used to the older policy might reject my application and I may lose my application fees,in that case do you think it’s wise to include a copy of the updated policy in my application?,thanks
Unfortunately, the people who answer those calls do not always have all the info. I think there is no harm including a copy of the Policy Alert with your application, but you can also just wait until you have one full year in the US, if you want to be absolutely certain that the application will not be rejected. I do feel pretty confident recommending that my clients file after 6 months in the US, but this is really an individual decision depending on your comfort level. Hopefully, USCIS will clarify the memo, which would make everyone’s life easier. Take care, Jason