Here’s one thing that seems clear about the management at EOIR–the Executive Office for Immigration Review, the office that oversees our nation’s Immigration Courts–no one who works there has ever represented a noncitizen in Immigration Court. How do I know? If the leadership at EOIR had any experience in court or with clients, they would not be implementing so many misguided, destructive, and ineffective policies that are doing great harm to immigrants, their attorneys, and even to DHS attorneys (the prosecutors in court).
The latest dumb idea involves an effort to administratively close cases where the respondent (the noncitizen in Immigration Court) may have some temporary or permanent relief available from USCIS.
What’s that you say? Why is this a dumb idea? Doesn’t it make sense to close cases where the respondent has some other relief available? Wouldn’t most noncitizens be relieved to have their court cases closed? I will explain, but first, let’s talk about what EOIR is doing.
The agency is identifying any respondent who might be eligible for some type of relief outside of Immigration Court, and sending that person a “Notice of Intent to Take Case Off of the Court’s Calendar.” If this happens, the case will be administratively closed. The case remains alive, so if you have a pending asylum case, for example, you can continue to renew your work permit, but it is removed from the calendar and there will be no more hearings, at least for the time being. In the future, you or DHS (or the court) can ask to return the case to the court’s active docket.
EOIR is sending these notices to respondents who have Temporary Protected Status (TPS) or could qualify for TPS, to people with a family- or employment-based petition pending with USCIS, and to unaccompanied minors who might be eligible for Special Immigrant Juvenile status. EOIR also seems to be sending notices to respondents who they believe have relief available, even though these respondents do not, in fact, qualify for any other relief.
Once you receive the notice, you have a choice. You can do nothing, which will cause your case to be automatically removed from the court’s active docket and set aside, perhaps forever. Alternatively, you can send a response to the court and ask that your case continue as scheduled. Hopefully, judges will honor this request, but they can administratively close a case even if the respondent prefers to go forward. According to EOIR, “Where a request for administrative closure is opposed, ‘the primary consideration [for the judge] is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed and be resolved on the merits.'” In other words, if you want to keep the case open, you have to give the judge a good reason to go forward.
So why is this policy a bad idea?
First and foremost, many respondents want to finish their cases and get a decision. They do not want their cases closed and placed into eternal limbo. There are good reasons for this. It is stressful and depressing to wait forever, not knowing whether you can stay in the U.S. or whether you will have to leave. Should you buy a house? Get married? Have children? Will you ever be able to reunite with family members overseas? It is difficult to live life under these conditions, especially for years on end. I worry that some Immigration Judges will close cases regardless of the respondent’s preference. Or perhaps some respondents will not have a good enough reason (in the judge’s opinion) to keep the case open.
Also, even if the judge is willing to abide by the respondent’s wishes, the respondent still needs to reply to the notice. For people with lawyers, this will likely involve extra costs, which may be a financial hardship. For respondents without lawyers, these notices are not particularly easy to understand, and I suspect that many people will ignore them, and their cases will be closed for failure to respond. Others might respond but fail to provide a convincing reason why their case should continue, and so their case may be closed against their will.
Admittedly, some respondents might benefit from having their case removed from the court’s active docket. These include people who can actually obtain their Green Card from USCIS–most commonly, through marriage to a U.S. citizen or to a Green Card holder who will become a citizen. Others who might benefit from EOIR’s policy include people who expect to lose their case. While this group may simply be delaying the inevitable, I suppose it is better to lose the case in the future (possibly the distant future) than today.
How could EOIR have implemented this policy differently?
I would have preferred one of two possible alternatives: (1) EOIR makes a general announcement explaining who is eligible for administrative closure and creating an easy way to request that the case be closed, or (2) EOIR sends a notice informing respondents that they have the option to close their case, and then the respondents can close the case if they so choose. In other words, I would have shifted the burden to respondents to request closure, rather than presuming that they want administrative closure, and then forcing them to take action if they want to keep their case open.
Why is this preferable? Respondents who have waited for years to resolve their cases should not have that opportunity snatched from them, either because they did not understand the need to respond to EOIR’s notice or because they could not provide the judge with a good enough reason to allow their case to continue. Also, respondents should not be forced to pay attorneys for additional work solely to keep their cases from being closed. Finally, if EOIR really wanted to help these respondents, it would give them an option to dismiss their cases, which would end the case entirely and allow the respondent to pursue other avenues of relief unencumbered by the ongoing deportation case.
One last point: I fear that EOIR plans to close some cases and then use those time slots to schedule other cases. As far as I can tell, the cases targeted for closure are all from this summer. If new cases are set for those same time slots, respondents (and their lawyers) will have very little time to prepare. Sadly, this fits EOIR’s pattern, which has caused great hardship for immigrants and their attorneys.
I suspect that the whole purpose of EOIR’s policy is not to help respondents, but rather to remove cases from the courts’ active dockets. If EOIR wanted to help people, it could have structured this policy in a manner that was more responsive to immigrants’ needs. In the end, this new policy seems destined to harm individual respondents and to do further damage to the Immigration Court system.
Hi Jason,
This post exactly described what happened to us, the judge wanted to give me TPS because I am Syrian national (not citizen). I had my individual hearing date set on Dec 5th now the EOIR portal shows no hearing for my case.
My question is: my wife is a derivative on my asylum case but she’s from a different country, her A number STILL shows a hearing date on Dec 5th, does that mean she no longer have a status and would be deportable?
It seems very strange that they would cancel one spouse’s case and keep the other spouse’s case going, unless you asked to do that. I would have your lawyer contact the court and/or DHS to determine what is going on. It is possible that they dismissed your case without your permission, but I have not seen that (though apparently it is somewhat common). Also, if your case was at the asylum office before court, my understanding is that the case cannot be dismissed unless you agree. Anyway, I think you need a lawyer to look into this. Take care, Jason
Hi Jason,
My wife and I are preparing to file our GC application. When my wife signed I-639, she signed with her preferred first name… while she signed all the past asylum-related documents with her full legal name. And her first preferred name does not have the same letters as her legal name either. Right now the I-639 form is signed by the civil surgeon and sealed already.
To keep the consistency with past asylum-related documents, I will ask my wife to sign I-485 with her full legal name. Do you think USCIS will reject her I-485 application, as the signature on the I-485 does not match what is on I-639?
I am not sure if USCIS will directly reject I-485 or send RFE for a new medical exam if they don’t like how she signed…
Should we spend extra money right now and redo her I-639?
Thank you!
I doubt USCIS would reject the I-693 due to the signature, but I am not sure. I guess if you want to be very cautious, you could get a new I-693. On the other hand, I think the worst case would be an RFE, and that would not cause a lot of delay, and so maybe it is not worth it to get a new exam. Also, the likelihood of USCIS rejecting the form because the signature does not match is pretty low – I have had many clients who sign documents in inconsistent ways and we have never had a problem from that. Take care, Jason
Hi Jason,
I got granted asylum status after my interview two months ago. One of my key witnesses has an interest in conflicts with me. She’s a foreigner. And she treated that she is going to tell uscis that she lied; all of the affidavits were written by my order. All of these are not true. Should I be worried about it? What should I do? Thank you
I would keep any documentation you have about that (for example, if she emailed threats to you, keep copies), and if anyone else knows about it, I would see if they would be willing to write a letter about what she is doing. You might also have a lawyer write her a “cease and desist” letter, telling her to stop it and threatening her with a lawsuit if she persists. There may also be criminal liability, depending on what is happening. I do think now that the case is done, any efforts to re-open it without real evidence will not be easy, but you should keep as much evidence as you can to prove that the case is true and to prove that she is threatening you and lying. Take care, Jason
Hello Everyone,
Any body knows the complete address where to send travel document I-131 and how much is the fee?
I am in Virginia.
Please help.
Thank you in advance.
Jimmy
It depends on what travel document you are applying for, but if you look at the I-131 web page at http://www.uscis.gov, there is a link to Direct Filing Addresses. Take care, Jason
I got individual Hearing court since last year, when i check on the website they said There are no future hearings for this case, can someone explain please.
Cases get rescheduled all the time – the courts are a real mess. You can call the court directly to ask – you can find their phone number if you follow the link under Resources called Immigration Court. Also, you can try to get your case scheduled by filing a motion with the court – I wrote about that on April 20, 2017. Take care, Jason
Hello Jason and Asylum Family,
Anybody knows if we can get fee waiver for travel documents I-131, as an asylee by applying I-912?
I applied and USCIS rejected the I-912 and said that under the current policy i am not eligle to get waiver for this petition. I-912 instruction it said we are I-131 is eligible for fee waiver? Please comment.
Thank you.
JImmy
As far as I know, there is no fee waiver available for the I-131. Maybe you can check the I-912 instructions to be certain, but I think it is not available. Take care, Jason
Hi Jason,
Thank you for your continued support for asylum community. I have question about asylee status and consequences of adjusting to permanent residency.
Asylee applies to green card – I485 adjustment: As I know when asylee’s I485 is approved, the applicant loses its asylee status as a result of I485 approval and change of status.
Question 1 – When asylee applies to green card what is the status of applicant while I485 is pending? Is the I485 applicant still asylee? The reason I am asking is to clarify if someone can choose not to apply neither for I765 nor advance travel document based on I485 application. I wonder if the person can continue using its asylee status for different purposes including as a proof of permanent employment authorization.
Question 2 – EAD issued under I485 – As I see EAD for I485 is optional. When applicant gets EAD based on I485 what does that mean? Does that mean the applicant can’t anymore claim being asylee and use its A5 asylee based EAD? If someone with asylee status and pending I485 can use its asylee based EAD?
Question 3 – Travel document issued under I485 – As I see travel document issued under I485 is optional. For asylees option 1b and for permanent residents as a result of refugee asylee status Option 1c is relevant. However, it is unclear for asylees with pending I485. Does the person need to select Option 1d? If yes, does that mean once the person comes back from travel, the person will be admitted as a parolee rather than asylee meaning that the person would lose its asylee status. As i understood, travel document offered with I485 (which has 0 USD fee with I485 package) is advance parole rather than refugee travel document (which has 135 USD fee).
Selection categories for I131 Travel document are as following:
Option 1a – I am a permanent resident or conditional resident of the United States and I am applying for reentry permit.
Option 1b – I now hold refugee / asylee status and I am applying to Refugee Travel Document.
Option 1c – I am permanent resident as a direct result of refugee / asylee status and i am applying to Refugee Travel Document
Option 1d – I am applying to Advance Parole Document to allow me to return to the United States after temporary foreign travel.
Option 1e – i am outside of the United States and I am applying to Advance Parole Document.
Option 1f – i am applying for an Advance Parole Document for a person who is outside of the United States.
References (Matter of N-A-I):
– An alien who adjusts status under section 209(b) of the Immigration and Nationality
Act, 8 U.S.C. § 1159(b) (2012), changes his or her status from that of an alien granted
asylum to that of an alien lawfully admitted for permanent residence, thereby
terminating the alien’s asylee status. Matter of C-J-H-, 26 I&N Dec. 284 (BIA 2014),
clarified.
– An adjustment of status under the Act involves a change from one status to another status, not
the acquisition of an additional status. In other words, an alien whose status
is changed does not retain his or her previous status. In the context of section
209(b) of the Act, the adjustment entails a change from “the status of an[]
alien granted asylum” to “the status of an alien lawfully admitted for
permanent residence,” which extinguishes the alien’s asylee status
– The Fourth Circuit recently reached the same conclusion in Mahmood
v. Sessions, 849 F.3d 187 (4th Cir. 2017). In that case, an alien granted
asylum had his status adjusted to that of an alien lawfully admitted for
permanent residence under section 209(b) of the Act. The Fourth Circuit
upheld our determination that his asylee status ended when it was adjusted
to that of a lawful permanent resident.
– As the court explained, “Congress, with the enactment of [section 209
of the Act], can be seen as deciding sensibly that, where an alien voluntarily
seeks adjustment under [section 209(b)] and gains the advantages of lawful
permanent residency, he gives up the absolute right to have the protections
of his asylum status adjudicated before removal.” Id. at 192. The court
further held that, even assuming the statute is ambiguous, our holding in
Matter of C-J-H- was reasonable and entitled to Chevron deference. Id. at
193−95.
– It is significant that an alien’s asylee status can only be terminated under
section 209(b) of the Act if he or she voluntarily chooses to seek adjustment
of status under that section. There are many reasons why an alien might
choose to give up the protections of asylee status for lawful permanent
resident status, but he or she is not required to do so and may remain
indefinitely as an asylee.
– We held in Matter of C-J-H-, 26 I&N Dec. at 285, that an alien whose
status is adjusted from that of asylee to that of lawful permanent resident no
longer qualifies as an asylee. We now clarify that adjustment of status under section 209(b), by its nature, changes the status of an alien granted asylum to that of an alien lawfully admitted for permanent
residence, thereby terminating the alien’s asylee status. We note that we do
not reach this conclusion based on the similarities between asylees and
refugees, but rather based on the language of sections 208(c) and 209(b) of
the Act, the language and structure of the Act as a whole, and the nature and
consequences of the process of adjustment of status.
– We are unaware of anything in the legislative history of the Act that
indicates Congress intended for an alien who voluntarily adjusted his status
under section 209(b) of the Act to retain the protections provided to asylees
under section 208(c)(1)(A).
– For the foregoing reasons, we conclude that an alien who was granted
asylum but subsequently adjusted his or her status to that of an alien lawfully
admitted for permanent residence under section 209(b) of the Act does not
retain asylee status and is therefore no longer protected by the restrictions on
removal set forth in section 208(c)(1)(A) of the Act or its implementing
regulations.
All this is related to a waiver, which you might need if you committed a crime or for other types of bad behavior (as defined by USCIS). For a normal adjustment of status case (no criminal or immigration “sins”), this would all be irrelevant. If you think you need a waiver, it is a very good idea to talk to a lawyer about the specifics of the case to see how best to proceed. Take care, Jason
Thanks, Jason, for reply.
No, I do not have any such issues requiring waiver. My only concern was that in case USCIS rejects our I485 application for early filing reasons (before 1 year deadline as per new USCIS rules) will we be in asylum status and be able to refile I485 whenever those conditions meet. From your responses, it seems that asylees remain in asylee status during pendency of I485.
Thanks again!
Correct – if USCIS rejects the I-485, you still have asylum and can still get an a-5 EAD (and, as Jamie points out, asylees do not need an EAD to work, though it is more convenient to have one). Take care, Jason
Thank you, Jason, I appreciate all your responses and patience.
ASYLEE AND PENDING I485, Jason will respond to your questions soon.
In the meantime, per Matter of N-A-I, asylum status is terminated when the asylee adjusts his/her status to LPR. I interpret Matter of N-A-I, and other rulings that seem to agree with Matter of N-A-I, as the asylee giving of the protection of being an asylee for a different status (that status being LPR). The rulings also explicitly state that asylees who’ve adjusted their status to LPR do not need the permission from the Attorney General- usually in the form of an RTD- to leave and return to the US. In addition, the BIA and the court made clear that an LPR, based on asylum status, cannot lose his/her asylum status because there are changed conditions. As well, nearly all of the sections under INA 209 and 208 cease to apply to an LPR once his/her status has been adjusted to that of LPR.
As for your questions:
1)During the pendency of the I-485 application, the asylee is considered an asylee. It is only after your application for adjustment of status is approved you are considered an LPR.
2)If your I-485 application is pending and you have an A5 EAD, you may continue to use that EAD until your I-485 application is approved. Bear in mind that asylees do not need an EAD to work. However, for convenience, the asylee may present an EAD for employment authorization purposes. Once the I-485 application is approved, you can ask your HR department to update you employment record with your new status. You only need a valid GC and unrestricted social security card for employment verification purposes (that is if you’re an LPR). You should not present an EAD, regardless of the code on the EAD, once you’ve adjusted your status to LPR.
3) For asylees with pending I-485, s/he should apply for a refugee travel document using the form I-131. That is because the I-485 applicant is still an asylee during the pendency of the I-485 application. Once the I-485 is approved, the LPR can apply for his/her country’s passport. As well, depending on the asylum case, the LPR may also apply for the RTD using form I-131. If the LPR intends to stay outside of the US for a period longer than 6 months, the LPR may want to apply for the re-entry permit so s/he does not have to worry about being accused of abandoning his/her LPR status upon his/her return to the US. It is imperative that the asylee does not leave the US with an Advance Parole document. If it was issued to you as an asylee, even during the pendency of your GC application, you should return the document to USCIS and let them know that you were supposed to be issued an RTD as a result of your asylum status. Theoretically, using an Advance Parole document to enter the US after traveling abroad can cause you to be paroled as a non-immigrant as opposed to be admitted in the US as an asylee.
My concern for asylees (or GC people who had asylum) who travel with their passport is that it could cause USCIS to conclude that the original asylum case was fake. Admittedly, this is very unlikely to happen, but it is still safer to travel with the RTD if possible (even though it is often not possible due to the eternal wait times at USCIS). Take care, Jason
Hi Jamie,
Thank you for your detailed responses. I really appreciate it and I wish you good luck in your life here in the United States.
1) It is clear – Thanks a lot!
2) It is clear – Thanks a lot!
3) RTD is issued only to asylees based on their approved asylum case. The cost of RTD is 135 USD. It has nothing to do with I485 application and travel document suggested by I485 application. Am i correct? Since, this travel document is free with I485 package, and I assume that you need to select 1d option. Returning to your response, which category do you imply I need to select. Is this Option 1b – I now hold refugee / asylee status and I am applying to Refugee Travel Document? If, yes, then it has nothing to do with travel document issued by I485 package. And if you leave the United States with RTD tied to asylee status rather than travel document tied to I485 application does that mean that you are abandoning you I485 application?
Maybe my understanding is incorrect I would appreciate any inputs or any past experiences.
The RTD and GC application are two separate applications – you can do them at the same time and save the filing fee for the RTD (which I think is $220) or file them separately. If you have asylum, your status is asylee. Take care, Jason
Thanks for all your responses, Jason.
1 – Until you get the GC, you are an aslee, even after form I-485 is filed. 2 – Asylees cannot get an EAD based on the pending I-485. They apply separately (and pay separately) using form I-765, category a-5 (asylum granted). Once you have the GC, you do not need an EAD, as the GC is evidence of your eligibility to work. 3 – If you want a travel document as an asylee while the I-485 is pending, you apply for a Refugee Travel Document using form I-131. If you file the I-131 and the I-485 together, there is no extra fee for the I-131. Once you have a GC, potentially you could get a re-entry permit (using form I-131) instead of the RTD, but really, for asylees or people who got a GC based on asylum, the RTD is the proper travel document. Advance Parole would not be the correct document for someone with asylum, even if the I-485 is pending. Take care, Jason
Thank you, Jason, for your reply and clarifications.
3) When asylee apply to Refugee Travel Document as part of I485 application which option do we need to select? Is this Option 1b – I now hold refugee / asylee status and I am applying to Refugee Travel Document. Is this travel document tied to our asylee status or I485 application? Because, if it is not tied to I485 package and if you leave the United States with RTD tied to asylee status rather than travel document tied to I485 application does that mean that you are abandoning your I485 application?
1&2) Then it makes sense that asylees are not eligible for EAD based on pending I485. Otherwise, it seems that they might lose their asylee status once they use C8 EAD based on I485. For example, in the case of H1b visa holder:
– If an H-1B visa holder uses his EAD while his I-485 application is pending, he will no longer have H-1B status and will be in I-485 pending status. If the I-485 application is denied, the applicant can no longer stay in the US and will have to leave.
– If an H-1B visa holder does not use his I-485-based EAD, he will remain in H-1B status. If the I-485 application is denied, the applicant will be able to remain in the US for the duration of his visa.
Thanks,
3 – The RTD is its own document; it has nothing to do with the I-485. The only relationship is that you can save the filing fee if the two forms are filed together. If you have asylum, you are an asylee and should use that category. 1&2 – correct, asylees cannot get an EAD based on the pending I-485. They get an EAD based on the fact that they have asylum, and once they have the GC, there is no need for an EAD. As for the questions about H1b, I do not know, but I do not see why you would lose H1b status by using the EAD. You might lose that status by going to a different employer. If this is relevant to your situation, maybe talk to a lawyer about the specifics, but it is hard to see why this would be an issue. If you have asylum, that supersedes the H1b. Take care, Jason
Thank you, Jason, I appreciate all your responses and patience.
Hi Jason,
I want to ask a question. I am in removal proceedings, but I would like to go to school in another State. However, I still plan to go to hearings in my current State. I heard that, in order to go to hearings in another State, you have to file a motion to change venue. Does that mean…if I don’t file…then the court won’t transfer ?
Cause I heard there are cases where, an IJ discovers that the person is in another State, and the IJ requests the applicant to change venue… Will I be forced to change venue if I move ? Do I have the option not to do so ?
Thansk
If you file the form to change your address in court, EOIR-33, the judge could move your case. However, if you are keeping your permanent address and attending school elsewhere, you can probably do nothing, since it is common for people to go to school at a temporary address and I do not see why the judge would have a problem with that. The only time you might have a problem is where the judge thinks you are lying about your address, but that would not be the case if you keep your permanent address (it is best to keep your driver’s license there and file your taxes there). Take care, Jason
Thanks Jason.
Hi Jason,
I want to ask, when you say file your tax there ? do you mean I put my permanent address in my tax form ? or file my tax while I am physically in my permanent address ?
Also, do you recommend I find a job in my go-to-school State ? wouldn’t that generate State Tax that is from that State ?
Sorry a lot of questions
If you list your permanent address on your tax form and have a driver’s license with your permanent address, that should be sufficient evidence of your address. If you file taxes and have a license in the new state (in other words, you no longer use the permanent address for most important purposes), you would probably be better off changing your address with USCIS. If not, they might decide that your interview should be in the new state and they might refuse to interview you in the old location. Or worse, they might think that if you are lying about your address, you might be lying about other aspects of the case. Take care, Jason
Hi Jason,
I submitted my I-485 based on my asylum approval. It should go to the Nebraska Center or Texas Center, but my case is processing in National Benefits Center (Case number starts with MSC). Do you know why? Is this center faster? Is there any difference based on your experience?
I do not know about their internal processes or whether the NBC is faster (I doubt it is any worse than the TSC, which is perennially a disaster). They do move cases around depending on work load, and I think it is normal to have a case processed at the NBC. In general, we have seen asylee green card cases take 2 or 2.5 years, though once in while, they move much more quickly. Hopefully, NBC will be on the faster side. Take care, Jason
Hi Jason,
Hope you are doing well!
Earlier I asked a few questions about I-485 and I-131, but I don’t see my comment here anymore. Did I say something wrong in the comment? Just want to make sure 🙂
Thanks
If comments have links, they sometimes need to be approved by the administrator before they are posted. Take care, Jason
Hi Jason,
Could you please help me with 4 questions I have regarding I-485 and I-131? Right now, my wife and I are Asylee, trying to apply for GC ourselves. I added my wife as a dependent for my I-589 before the interview.
For your convenience, I am linking the forms
I-485: https://www.uscis.gov/sites/default/files/document/forms/i-485.pdf
I-131: https://www.uscis.gov/sites/default/files/document/forms/i-131.pdf
Quetions about I-485:
Q1. Page3, 26.a, which I-94 info I should enter? the one from my last US entry when I was F1 or the one attached to the asylum approval letter?
Q2. Page3, 26.c Status on Form-I94, should I enter F1 or Asylee?
Q3. Page4, 3-9, Do my wife and I have to fill the principal applicant and derivative applicant part? if yes, which underlying petition should it be?
Question about I-131:
Q1. Page1, 6, what should I enter for Class of Admission? F1 or Asylee?
Thank you in advance!!
Sorry, I cannot review the form in this way. 1 & 2 – In terms of your status, we usually list the current status, but we also provide evidence of the old status, such as a copy of the old I-94. That way, USCIS has all the info it needs. 3 – You are both principals for purposes of the I-485. 4 – If this question asks about your last entry into the US, you should list that, but again, you can provide info about both with the application. In general, if you are not sure about an answer, you can put what you think is best, circle the question, write “see cover letter” and provide an explanation in the cover letter (or on the supplement page at the end of the form). Take care, Jason
Thank you!
What is the Class of Admission / Status on the I-94 that came with the asylum approval letter? just “ASYLEE”?
As you know it doesn’t have the class of admission clearly stated there, like F1.
I am not sure – for our cases, if the person left the US and re-entered as an asylee, we put asylee. Otherwise, we put whatever status the person had when they were last admitted. If you provide copies of your I-94 for asylum and your prior I-94 from when you entered, you should be fine. Take care, Jason
https://www.youtube.com/watch?v=ZOjytXjXxIQ
The media is airing this killer former-deportee…could this stir up more anti-asylum seeker rhetoric ?
They only show one side of the balance sheet. About 1/5 of all healthcare workers are foreign born, so how many lives do they save each year? Not to mention all the ways immigrants contribute to our country – economically, socially, culturally, etc. Maybe if they showed a more balanced and true picture, we as a country could be making better policy decisions. Take care, Jason
Hello Mr Dzubow,
I have an asylum case that is due for court appearance this year. I recently got married and my spouse has a green card.
I wanted to withdraw my asylum case but wanted to find out from you if I should first withdraw my case then apply for the green card through my spouse or vice versa ? Was afraid to remain without status whilst it’s processing.
Looking forward to your reply. Thank you.
You have to ask to dismiss or administratively close your case, and depending on the case, the DHS (the prosecutor) and the judge may or may not be willing to do that. Probably, you cannot get a GC based on the marriage without leaving the US or waiting for your spouse to become a US citizen. Even so, you might be able to get the case dismissed, as the courts are dismissing many cases (as I discuss in the above article). You may want to have a lawyer look at the specific situation and make sure you can get your GC based on the marriage, and then either try to dismiss the case or put it on hold until you are eligible to get the GC (for example, when your spouse naturalizes). I wrote a bit more about these issues in a series of posts on August 6 and 28, 2018 and September 6, 2018, and maybe those will help, but I think it would be wise to talk to a lawyer about the specifics of your case to see how best to proceed. Take care, Jason
Hello Mr. Dzubow,
I was granted asylum last year and heard that individuals such as myself no longer need to wait for 1 year before they can apply for a green card. Could you please let me know if you know anything about this?
Thank you!
That is correct – I wrote about it on February 8, 2023. Different lawyers are taking different approaches to this. I have been recommending that people wait 6 months before applying for the GC, but you can apply sooner or wait longer, depending on your goals and your willingness to possibly risk losing the filing fee. I explain in more detail in the February 8, 2023 blog post. Take care, Jason
Hello
I wanted to share my journey and hope it will end soon. I applied for asylum in November 2014 Arlington office, get an interview after expedited on September 2022.
And I’m still waiting for the decision.
What a long journey, do anyone know how long Arlington officers take to send a decision?
Do I have to expedite?
Decisions are coming very slowly, and so 6+ months of waiting is pretty “normal.” I did a blog post with ideas to try to get a decision and maybe that would help. It is from June 2, 2021. Take care, Jason
Hola Im xavier vega. Im columbian. I applied asylum at tustin asylum office. So i need to contact asylum office of tustin california regarding enquiries and issues work permit asylum clock. How do i contact them. Its because im not sure maybe my clock could be stopped. I dont have any attorney. So my ex gf who i dont talk anymore she knows my asylum receipt details . I was just thinking maybe after breakup she could be bitter and try to stop my clock etc by moving my case to other location without my knowledge or worse even withdraw my case without my knowledge . Im just paranoid or scared i guess. I just want to confirm with asylum office.
Also if i contact them by email. Do i send my A number and information. Uscis say dont put personal identifying information in emails . Or can i visit them in person Take care
You can find their email if you follow the link under Resources called Asylum Office Locator. I always include the Alien number, but I suppose if you want to be extra careful you can include only the last three digits, but then you will need to provide other info, such as your full name, country, and date of birth, so they can find your case. Some offices allow in-person visits at certain times, but I do not know about that office. Maybe email them to see if you get the response you need, and if not, then you can decide about visiting in person. Take care, Jason
Thanks Jason Just a quick follow up. If i email them ? How long can they take to respond ? Also alternatively can i call them over phone ? And do asylum offices accept walk in . take care
Sometimes they reply the same day; other times, they take days or weeks, and sometimes they do not reply. I would email first and if there is nothing in a few days, try again. You can also try to call. I have not called the VA office in years, since no one ever answered, but different offices have different policies. As for walk-ins, I do not know, as that seems to vary by office. Take care, Jason
Dear friend,
Jason is a lawyer and knows better, but I want to share my experience.Tustin is the new location of Los Angeles Asylum Office .You can call them every Wednesday to make an appointment (please call early in the morning and be patient).you must have an appointment to let you get in every Wednesday .This is a new policy after covid.You can go there and request your case inquiry in person and they promptly respond you.I hope my experience works for you too.
Good luck!
It looks like things are getting even tougher. I feel very sad with the whole situation. By the way Jason, how long do you need to wait after been granted asylum to bring your family over? Can you petition for them as soon as you are granted asylum?
You can file the I-730 petitions for your family members as soon as you win asylum; you do not have to wait at all. The process is slow and could easily take 2+ years, though you can also try to expedite and USCIS is hopefully making some changes that will make the process faster. Take care, Jason
Thank you so much for your quick response. Is is true that there are no filling fees for form I 730?
That is correct. Take care, Jason
Helo, i tell you story may be its help you. When your asylum case is approved you can apply for your family. There is no fees. Its will takes exactly 2 to 3 years to approve. Better idea is when your case is approved apply for RTD which takes one year, and you can meet your family any third safe country.
Than if family is out of United States, case will be transferred to NVC. In NVC their is no fees. They make appointment with your embassy than they send you welcome letter and inform you that your case is transfer to embassy. Within 4 to 6 weeks local embassy send you email and date of interview. NVC whole process takes 4 to 6 months.
I would just add that wait times are very unpredictable at USCIS and wait times are different at different embassies, but the times listed here are realistic; some people may have shorter waits and others may wait longer. Take care, Jason
Hello Jason and everyone,
Have any of you encountered a situation where, after attending a green card interview, your online status continues to display “interview was scheduled”? I understand this may seem like an odd question, but I’m curious to learn from your experience (if you had any) about potential explanations for why the online status hasn’t been updated even after a month since the interview took place. I greatly appreciate your response!
I think the system is just a mess and sometimes, the online message does not get updated. Take care, Jason
Hi came in the united states with my first daughter and 2 other kids with the age 10 years olds, my questions is because my first daughter has 20 years old I wanna back to my country and leave her with their little boys, do you think it’s going to be easy for her to ask for asylum, her and the 2 others little boys?
I am not sure I understand, but if three siblings want to apply for asylum, that is three separate cases. They cannot be part of the same case. However, if you (the parent) file a case, your children can be part of the same case, as long as the children are under 21 years old and not married. I think if you plan to leave the children with their sister and they all apply for asylum, that is going to be difficult and you should talk to a lawyer about the specifics of how they will do it, so you have a better idea about that. Also, you might ask the lawyer about “Special Immigrant Juvenile” status for the younger children, as that may be an option. Take care, Jason
Dear Jason,
I have a question that seems to be simple: Is a lawful permanent resident allowed to petition for a parent abroad or he/she has to wait until he/she becomes a US Citizen to do so? If he/she can, which appropriate form must he/she fill out to petition for a parent?
Thank you
Only a US citizen can file for a parent. If you are an LPR, your parent would have to find some other way to come here (tourist visa, work visa, student visa, etc) or wait for you to become a US citizen to file an I-130 petition for you. Take care, Jason
Hello Jason,
This question is off topic, but I want to hear your opinion.
Have you heard about bill “H.R.1511 – Renewing Immigration Provisions of the Immigration Act of 1929” that was introduced in the house on March 9th 2023?
I doubt it will pass house, but I’m just curious what is your thoughts?
If this is the Republican bill to limit immigration, I have heard a bit about it, but honestly, I stopped paying attention to most of these bills, since they are all going nowhere. Take care, Jason
Hello jeson. After 8 years, my asylum case was approved. I am also married to an American woman. They approved our file without calling for a marriage meeting. I entered the country illegally. Now, which one do you think I should apply for my green card? thanks
If you have asylum approved, you should be eligible to get the GC based on marriage. This will likely get you to US citizenship more quickly (people who get a GC based on marriage to a US citizen can file for their own citizenship 3 years after they get the GC). However, given recent changes in the rules about asylee GCs (which I wrote about on February 8, 2023), it may not make a huge time difference. Also, it will be less expensive to get the GC based on asylum, since you will not need to have your spouse file form I-130 (which saves $535). If getting US citizenship is more important, probably the marriage case will be faster, and so if you want to try that, talk to a lawyer to be sure you are eligible, given your unlawful entry (again, I think you are eligible, but I do not know the case and so it is best to double check so you are certain). Take care, Jason
Hello Jason,
I have a pending asylum case, and my wife is listed as a dependent. Additionally, I have been approved for TPS, which I keep renewing (my wife is not eligible for TPS). Once I have my asylum interview, if it is denied, will my case be referred to the immigration court, or will it simply be closed?
I do not think there is a consistent policy about this, but according to the Asylum Office Procedures Manual, if you have TPS, you are considered in status and do not get referred to court if you lose. However, I do not know if this happens in every case or if they alwys follow this policy. Certainly, you can ask this when you go to the interview. You can also try emailing the asylum office to ask. I doubt they will answer, and even if they do, the answer could change in the future, but anyway, you can try – you can find their email if you follow the link under Resources called Asylum Office Locator. You can also find a link under Resources to the Asylum Office Procudres Manual and you can see the TPS section there for yourself. Take care, Jason
Hi Alna,
Congratulations and that’s nice of you to share good news with all of us which suffering a lot in these days. Could you please share if you don’t mind, which asylum office it was, I had a friend that he had the same experience like you at SF court? Where you have referred to and how long take you to get your individual hearing after you referred to court? Was your case religion base from Muslim who converted and will heart locally and governmentally in danger of being prosecuted and killed, death penalty for not tolerating them and not letting them of practice of freedom of religion? I guess
Thank you again,
Pat
Hi Jason,
My asylum was recently approved by immigration judge and I got the final decision on the same day. DHS has not reserved any appeal.
1. Is this document is the final decision or should i expect any other email from EOIR?
2. I have also applied my work permit C8 category in October 2022 and still pending. Should I apply for new work permit under A05 or should I ask USCIS to change the pending application. I need to get WP so it’s easier to show to the employers. I have already applied for unrestricted social security.
3. If I apple for new permit A05, should I click new application or renew?
Thank you for always answering the questions.
1 – If DHS indicated that they would not appeal, the document you got that day is the final document. You should Google “post order instructions in Immigration Court” and follow those to get an I-94 indicating that you have asylum. 2 – I think you will have to apply for the new work permit (and lose whatever fee you paid for the c-8 permit), but at least the first a-5 work permit is free. 3 – It is a new work permit, not a renewal, since it is a new category. However, I do think you need to mention the old card on the application. We have posts from May 16, 2018 and December 15, 2021 that might be of interest – about what happens when asylum is granted. Congratulations! Jason
Dear Jason,
Is a permanent resident allowed to petition for his/her parent or he/she must wait until he/she becomes a US Citizen?
Hi Mentor, Congratulations and that’s nice of you to share good news with all of us which suffering a lot in these days. Could you please share if you don’t mind, which asylum office it was, I had a friend that he had the same experience like you at SF court? Where you have referred to and how long take you to get your individual hearing after you referred to court? Was your case religion base from Muslim who converted and will heart locally and governmentally in danger of being prosecuted and killed, death penalty for not tolerating them and not letting them of practice of freedom of religion? I guess
Thank you again,
Pat
Hi Jason,
Trust you are doing well,
I have a question , is it a good idea to send asylum office any evidence or documentary details on one or two points that were stressed during the interview in spite of the fact those points were crystals clear and evident at large and relevant documentary evidence submitted.
The reason I am thinking in doing so is to help them get a right direction and clarity if there is any sort of confusion due to their lack of knowledge or research.
Please advise.
Thanks
Sam
I very rarely send them anything after the interview, and I would generally only do that if some new evidence arrived or if they had asked for it. That said, you can send them evidence or a statement if you think that will help. You should make sure to include the Alien number and date of interview, and also the asylum officer’s name or number, if you have that. You can email them this information – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thanks Jason, the reason I am thinking to do is there were two points which were very evident and necessary evidence was documented along with verbal conversation.
But the officers stress on these two points made me think maybe I can send something afterwards that will make his understanding more clear if he lacks knowledge about country or certain elements.
If you think it would help, you should probably send something. Either the officer will look at it, which may help, or the officer will ignore it, and so it would have no effect. Take care, Jason
Thanks Jason , I do not know how much it will help inspite of the fact they had everything and I wasn’t expecting someone will ask or inquire about such an open & shut thing and very widely and well known and well pointed out by US government.
I just want to send them so nice the interviewer has stressed that and I want to make an effort to remove any left over doubt.
Thanks
Sam
Hi Mr. Jason
I applied for my EAD, and my reciept will also expire in a few months. I am just little wondering to not loose my job if I don’t get my card.
How can I follow up with them ? Is there any email or phone no so I can contact ?
You said your receipt will expire soon ? Did you get a 540 day receipt ?
You should have a 540-day extensions and usually that is enough for USCIS to issue the new card. But you can try calling them at 800-375-5283. I think unless the application is outside the normal processing time, they will not take any action, but I guess you can try. Take care, Jason
Please Jason can you tell me how much time the IJ takes to make a decision on my case after the final hearing?because she said i will send it to your lawyer by email
There is no time frame – usually, it is a month or two, but it could be shorter or longer. Each IJ does the cases on their own scheduled. Good luck, Jason
I wonder if that will be also happening for pending asylum cases? I have been waiting for an interview since end of 2015, last year I became eligible for TPS, and got it approved, now I fear that my interview will also be canceled or postponed because of this policy..
so tired of years in the waiting limbo..
Hi Jason,
The Judge granted my asylum application a month ago but I’m yet to get any documents to support that. My lawyer as of two weeks ago indicated he did not get any notification either. I’ve been tracking EIOR website all along and as of this morning it says “no appeal was received for this case”, before now is shows ” an appeal is due by April 19, 2023.
1. How would you advise I proceed from here?
2. Are there things I could do to move things along outside of my lawyer?
Thank you.
Hello Mentor,
Sorry for bothering but can i know how much time it took the IJ to make a decision on your case?
Hi, no bother at all. The IJ granted the asylum the same day, it was a online hearing though.
1 – You should have received an order indicating asylum granted on the day of the hearing. If not, it should either be available through the court’s online system or they should have sent a copy to the lawyer by mail. I would check with the lawyer. 2 – I guess you can go to the court yourself and get a copy of the order, but normally, the lawyer has it. Also, now that the appeal time is over, the order should be final, meaning you can Google “post order instructions in immigration court” and follow those. I also wrote about this on May 16, 2018. Congratulations! Jason
Thank you so much, Jason.
I guess I’m going to have to go to the court then. I’ve not heard from my lawyer in two weeks, he’s irresponsive as of now. All I see now is the grant information available via online status check at eoir.justice.gov.
Are there ways/weblink where such a letter can be pulled?
Best regards.
There is an online system called ECAS (I forget what the letters stand for), but not all cases are on that system. Plus, as far as I know, only lawyers can access it. Hopefully, your lawyer will just get in touch, but if not, you should be able to get a copy of the order if you go to the court (you can try calling first, but it is not easy to reach a person – you can find the phone number if you follow the link under Resources called Asylum Office Locator). Take care, Jason
Hello Jason and Asylum Family,
I am applying I-485 adn I-131 Travel document as an asylee with my family my elder daughter is above 21.
I am also applying I-912 Fee waiver. If approved my fee waiver my daughter will also included in the waiver as she is over 21 but umarried and my dependent?
If My waiver approved that will for both mean fo I-485 and I-131? Anybody has an experience?
Thank you.
Jimmy
Each person needs their own I-485 and I-131, and so each person will need their own fee waiver. Also, you might check the I-912 instructions, but I think you cannot get a fee waiver for the I-131. However, maybe if you get the waiver for the I-485, you can use that for the I-131. I am not sure. Take care, Jason
Guess this is just an attempt for them to reduce caseload, so their….”performance review”…looks better lol
I think that sums it up nicely. Take care, Jason
Hello. I got approval in the asylum case. They gave consent at the marriage meeting. I had not entered the country legally. In which one would you recommend me to fill out my green card form? asylum or mary. thanks in advance..
If you have asylum, you should be able to get the GC based on marriage to a US citizen (or a green card holder), even if you entered illegally. However, there are exceptions, and you would have to talk to a lawyer to look at your case and know for sure. Also, you no longer have to wait one year after winning asylum to apply for the GC, and so maybe you can apply that way if the marriage case will not work – I wrote about this new policy (to apply sooner for the GC) on February 8, 2023. Take care, Jason