Let’s say you’ve found a lawyer–either based on a friend’s recommendation, through an internet search or maybe from an ad you saw on the bus–and you’ve arranged for an initial meeting. How should you prepare for this meeting and what should you expect?
There are a few purposes for an initial consultation. First, the lawyer should evaluate your case, discuss strengths and (especially) weaknesses, and help you understand your options. Second, you need to know whether the lawyer can assist with achieving your goals. And finally, you need to decide whether the lawyer is right for you. Here, we’ll discuss the initial consultation (affectionately called a “consult”) and hopefully help you get the most out of that meeting.
To prepare for the initial consult, you should try to gather all relevant documents from your case: Your passport and I-94 (which you can get through the I-94 locator), any documents you received from the U.S. government (such as USCIS receipts, prior decisions, documentation from your arrival in the U.S., and, if you are in Immigration Court, the Notice to Appear), documents related to any prior immigration cases, any criminal records, and any evidence related to your current case. It is very helpful for us lawyers to see the documents, as we can usually hone in on the relevant material. And so if you can bring your papers with you, it will likely make the meeting more efficient and more productive, and we will be better able to provide accurate advice about your case.
Prior to the meeting, you should think about (and maybe write down) any questions you want answered. What decisions do you need to make and what information do you need from the attorney to make those decisions? Time is limited, and you want to be sure you get answers to your most important questions. On this point, it’s not a bad idea to bring a pen and paper, so you can take notes.
Some lawyers will ask you to complete a form before they meet you, in order to gather information about you and your case. They may also ask you to send documents in advance or–if they are really fancy–have an assistant gather information from you before the meeting.
In addition, many lawyers charge a fee for the initial consultation. Some lawyers will apply this fee to the cost of your case; others will not. How much does an initial consult cost? Fees vary widely. In my office, for example, depending on the type of case, our consultation fee ranges from zero (for certain asylum cases) to $300 (for most everything else).
At the meeting itself, most lawyers will want to start with some basic questions, so they have your background and have an idea about what you need. Even if you have a particular agenda, lawyers often want a fuller picture of your situation before they advise you, so they can determine all the available options, even some you may not have considered. Information you give to an attorney is confidential. Lawyers are not permitted to share what you tell them with the U.S. government or anyone else (the only possible exception is if you reveal your imminent intent to commit a crime–so don’t do that!).
Once the lawyer understands your situation, she can hopefully present you with some options. In many of my clients’ cases, there is only one option–to seek asylum. But sometimes, there are choices to be made and the lawyer should help you understand the pros and cons of each choice (though as I have discussed, one question that is basically impossible to answer is, What are the chances I will win my case?). It is the attorney’s job to explain the options, and it is your job to choose which option is best for you. Make sure you understand what the lawyer tells you, and if you have questions, don’t be afraid to ask–that is the main purpose of the consultation after all.
Also, remember that it is the attorneys’ job to identify problems in your case so that they can be addressed (and hopefully overcome). If the attorney does not do that, she is not really helping you. An attorney who “guarantees” that she will win your case, or who glosses over your problems, or who seems more interested in selling her services than helping you, is an attorney that is probably best avoided. An attorney who listens to your concerns, identifies the risks and weak points in your case, and tries to honestly evaluate your options, is probably more trustworthy and will likely provide better service.
A final piece of the consult is the decision about whether or not to hire the attorney for your case. You do not have to make that decision immediately. If you are not sure or want to think about it, or if you want to talk to other lawyers before choosing someone for your case, you can do that. If a lawyer is pressuring you to sign a contract, you probably should look elsewhere.
If you feel comfortable with the lawyer and want to hire her, you can do that (assuming the lawyer is willing to take your case). Lawyers are required to set forth their fee (whether it is a flat fee or an hourly fee) and provide you with a written contract. These contracts are often difficult to understand, even for native English speakers, so take a moment to review the contract and ask any questions that come to mind. If you want to review the contract at home before you sign, you can ask to do that. Also, some lawyers have contracts in other languages, and so if that is something you need, ask for it.
In terms of the fee for a case, these vary widely from one lawyer to the next. I wrote something about fees here, but there is such a wide range of fees that the only real way to know is to shop around. I will say that lawyers who charge more are not necessarily better, and in fact, there is little relationship between a lawyer’s fee and the quality of her work.
Finally, remember that attending a consultation does not mean that you have a lawyer. Unless you have an explicit written agreement for representation, the lawyer you met with is not your lawyer.
In some ways, the initial consult is the most important meeting you will have with your lawyer. It can lay the foundation for the remainder of the case and set the tone of the relationship between you and your attorney. If you use your meeting time wisely, it will hopefully be the first step towards a successful outcome in your case.
Hi Jason,
I have a few questions but want to provide my timeline for those reading. I have read this blog since shortly after applying for asylum (based on fear of persecution due to my sexual orientation) and it has been my only source of hope sometimes throughout the years.
Applied for asylum: Jan 2014
Added Husband as derivate: May 2018
Approved: Dec 2020
Applied for GC: Jan 2022
Request for Initial Evidence (Medical): June 2022
Approved for GC: May 2023
1. Will I still need a travel document now that I have the GC?
2. Can I travel back to my home country without fear of issues when getting Citizenship in a few years?
3. Approx how long will I have to wait before I can apply for citizenship?
4. I assume I cannot apply for my mom or siblings?
Thank you for all you do!
WI
1 – It is always better to have a Refugee Travel Document, but it takes a long time to get that and it is only valid for one year, so many people travel using their passports. This is not ideal, but generally would not cause problems for you, especially if you do not fear harm from your government, but rather from non-government actors. I wrote about that on May 25, 2022. 2 – Generally that is ok, but there is some small risk – if it causes the US government to believe that your original asylum case was fake. I wrote about this issue on January 6, 2016. 3 – Assuming you meet all other requirements, the soonest you can file is 4 years and 9 months after the date on the GC (which should have been back-dated one year and say May 2022 – unfortunately, this does not always happen due to USCIS error). 4 – Once you are a US citizen, you can do that, but with a GC, you cannot (though they could try to find some other way here, the same as any other immigrant). Take care, Jason
@west indies
How come you waited 11 months to get the GC after the RFE for medicals? No way! It usually takes couple weeks to couple months! How did you talk to uscis 60 days after replying to the USCIS
Hi Jason,
I filed I-130 petition for my mother who is not living in the US. The country she is living is Kenya which is located in the Eastern Africa.
My mother did UNHCR interview and USCIS interview then her United Sates Refugee Admission Program (USRAP) case was denied by the Refugee Officer in error.
My brother-in-law was linked to my mother’s case and she was denied because of him. My brother-in-law was denied for security related after his enemies wrote about him false accusation to the U.S. EMBASSY.
If my mother informs about the false accusation submitted against my brother-in-law to the U.S. Embassy during her consulate interview and the U.S. Consulate finds out that our previous refugee cases was denied in error by the refugee officer. Does the consulate officer have authority to reopen our previous refugee application? Does the consulate have authority to contact the refugee office and inform about the error?
The false accusation about my brother-in-law was placed in my mother’s A-Number. If they find out the accusation was false does the U.S. Embassy have discretion to approve the entire family and give them visas. Does the consulate have power to inform the error to IRAD refugee office.
I look forward to your reply.
Thank you.
I expect that the US embassy will know about the accusation. Since they already denied her once, they may deny her again even though the I-130 is approved. I think you should gather as much information as you can about the prior rejection and find a lawyer who does consular cases to assist you. Take care, Jason
Hey jason,
I just checked online that USCIS sent me RFE initial evidence for my i-1485 which is most likely the medical report cause I didn’t send it from the start!
The question shall i send the medical report and the paper I received (RFE) inside envelope and ship it to the address that will be mentioned on the RFE ? Is that it or anything extra is usually sent with the i-693 ?
Thanks
Hi Human
Just a quick question, when did you submit your GC application? And how long to change online status from fingerprint was taken to RFI sent ?
Hello Human,
If you could share when did you apply and which service center? I applied last December no movement on my application.
Thank you
Sam
I applied for my GC based on approved asylum last Semester 2022 so we talking about 9 months ago! I hope that helps
Hi Human
Thanks for sharing, I applied apr-10-23 and still Case Was Updated To Show Fingerprints Were Taken ):
Good luck
You will have to wait to see what the RFE says. Read it carefully, as it is not always as clear as it should be. It will list the address where you should mail the medical exam and anything else that is needed. Take care, Jason
Thanks jason!!
Any idea how long it takes to get approved after sending the medical report? My asylum approval came quickly after 5 days of the interview !! I’m from Egypt so we shall have no delay in background
It is not very predictable, but many cases get decided soon after you submit the medical – a few weeks or a couple months. Take care, Jason
Hi Jason,
Thank you for you help!
I applied asylum in Nov 2016 in LA. Almost 6 and half years gone.
I talked with my lawyer. He said, he doesn’t know anything about interview.
Do you have idea about interview?
Thank you 🙏🏻
The system is not working (obviously) and no one can tell you when an interview might be. They are currently prioritizing new cases over old cases, and so it is unlikely you will get an interview any time soon. You can try to expedite (I wrote about that on March 23, 2022) and if that fails, you can file a mandamus lawsuit. I think those are becoming more common and it is one way to get an interview (and in many cases, probably it is the only way to get an interview). Take care, Jason
Hello RAJ,
I applied just one month earlier than you in the same office. I never heard anything after that! we may share information if you are willing, tgb2023@proton.me
Hi All Asylum Community,
Please see the message from Shubnam the last message before mine a guy from India, the biggest and most free country in the world, yes! Those Indian guys made the most load on the shoulder of US Asylum system and if you just simply Google it easily will find the result that more than 45% of asylum backlog is from most free country in the world!!! They just want to get away from that bad economic situation and poverty in India and I heard it from other Indian guys that despite most of them get deported eventually after the court they just keep doing that to have more years of opportunities to stay and make more money in US to bring back home which is AWFUL and misused the US Asylum system!
Hope God get them the wisdom and richesnous to not become the reason of other people to suffer more and more by their Fraudulent claims!!!
Thanks all,
Rex
Thanks for saying that !
I thought I am the only one who noticed this problem. Clearly not, but our voice has been silenced by this mob community and their mouthpieces.
Here is a piece from CIS https://cis.org/Bensman/Rare-Reveal-Mass-Asylum-Fraud-Southern-Border
“After years of prior administrations ignoring known fraud by Indians, the Trump administration in April 2019 ordered new India-specific training for asylum officers responsible for “credible fear” decisions. In the six months prior to that training, credible fear was found in 89 percent of Indian nationals evaluated by asylum officers. After the new training, the rate dropped to 17 percent through February 2020. (Very few asylum claims are being permitted at the southern border right now because of Covid-related public health rules, but that’s a temporary situation.)”
I am sure a lot of pro-Indian people are on their way to denounce me and dismiss my concern and/or attack me and/or accuse me of baseless charges like anti-immigrant and racism…I mean, I am sure they would do that. But I am glad that such exposure is made so that they cannot continue to fool good-faithed U.S. asylum system. I hope advocates of asylum seekers can note this problem as well. Unfortunately there are good people and bad people in asylum seekers. and we cannot ignore the negative impact those bad people have on our asylum system. EOIR and INS shouldn’t unfairly bear all the blames of the dysfunction. I think some asylum seekers themselves have contributed their part in our current immigration mess.
You are relying on data from the same administration that said women were safe in Central America. They “proved” that women were safe because they basically eliminated the “women” section from the US State Department report. As much as the current Administration is a disaster, the last Administration was incredibly dishonest. There is fraud from many countries, including many non-free countries, and I suspect there is fraud from countries like India as well. But there are also very legitimate cases from India, and painting the situation with a broad brush is simply not accurate. Take care, Jason
I am not sure why you assume that a “free” country is safe for everyone. There are tremendous problems in India, and I have seen very well documented cases where the person would have been in danger if he returned to India. In other words, it depends on the individual case and you cannot assume based on the country alone (though I do agree that there is some fraud from India, but that is true from many countries). Take care, Jason
Jason, I actually want to ask a question.
The other day, a friend of mine asks whether U.S. could send you to a safe third country instead of granting asylum ? e.g. people who are granted withholding of removal, or deferral of removal ? Has situation like this happened before in your careers ?
Something that is happening in the UK
https://www.bbc.com/news/explainers-61782866
I am somewhat concerned things like this might happen here in the U.S. should I be worried ?
It could happen to someone with Withholding of Removal or Torture Convention relief, but only if there is a country willing to accept them, and that has never happened to any of my clients or anyone I have heard about from other lawyers. Take care, Jason
That’s really reassuring. Thanks !
Good Evening Mr Jason, please how much is I485 fee for Asylee, I am a little confused. I read before I485 for asylee is $0. But today checking is $1225 and $85 for biometric for asylee. Thank you
The fee is currently $1225. If you qualify, maybe you can get a fee waiver to avoid the fee – look at form I-912, available at http://www.uscis.gov. Take care, Jason
Hello attorney Jason, good afternoon
Myself Shubham Singh i applied asylum in usa . Im originally from india. I filed asylum after one year cuz i was stressed of events happened to me back home .i applied it after 5 years. Its been 100 days since i got asylum receipt. When will i. Be scheduled interview.My aslyum office is Los angeles aslyum office. And secondly will applying late after 1 year bar me from work permit or straight i will be ordered deported without interview. Thanks im confused reading lot of stuff online about it.
Take care
I do not know specifically about the LA office, but it seems that most new applicants are not getting interviews quickly, and so I suspect that you will not get an interview soon. That said, I do not know, so make sure you have all evidence and are ready in case an interview is scheduled. In terms of the work permit, you can apply after 150 days have passed since you filed. Missing the one-year deadline should not matter. Finally, it is possible to overcome the one-year bar – I wrote about that on January 18, 2018, but you may want to talk to a lawyer about specifics, as it is very important for your case and you need to address that issue if you want to win. Take care, Jason
Hi Jason
We applied for asylum based GC last August but they only updated us about biometrics were taken. After that we did not get any update. We did not submit medical form with I-485.
1- Can we submit medical forms now or should wait till USCIS ask about it?
2- Any clue, how much more our GC can take?
3- Also we applied for travel documents 3 months ago how much that can take, any clue as well?
Thanks
1 – It is probably best to wait for USCIS to ask for it. I fear that if you do it now and submit it, USCIS will lose it (on the other hand, if you already did the medical exam, it will expire unless you submit it, so you should do that). 2 – Most cases are taking 2 or 2.5 years. 3 – The Refugee Travel Document is usually taking more than a year. I think the current processing time at http://www.uscis.gov is about 17 months, but we have seen most people get the RTD more quickly than that. Take care, Jason
Jason, what do you think about a class-action lawsuit against USCIS for taking well over 12 months to process the RTD- a document that has a 1-year validity? Resorting to a lawsuit against USCIS is, in my opinion, the only way of lighting a fire under USCIS, so to speak. Calling and emailing USCIS has proved incapable of simulating USCIS to do its job.
Bear in mind that 8 CFR 223.2 (c) and 8 CFR 223.3 (a)(2) explicitly state that asylees and refugees, who are in possession of a valid RTD, cannot apply for a new RTD until the current RTD, which has a 1-year validity, has expired. In fact, USCIS requires that the current RTD be submitted with the new I-131 application. With RTD applications taking up to 17 months to process, and USCIS is steadfastly refusing to amend 8 CFR 223.3 (a)(2), the section that is responsible for the RTD’s 1-year validity, how does the U.S. government defend against the accusation that it is (un)intentionally restricting the movement of those who have asylee and refugee statuses?
Waiting 17 months for the RTD application to be adjudicated restricts the asylee’s freedom to travel because of the following reasons (not an exhaustive list):
1) The asylee applying for and traveling on his/her COP’s passport may constitute voluntarily availing himself or herself of the protection of the country of nationality or last habitual residence. Thus, at least theoretically, the asylee’s asylum status could be terminated (see INA 208(c) and Matter of N-A-I).
2) Some countries require that RTDs should have a minimum of 6 months validity to get a visa or to be admitted in their country.
3) Some asylees and refugees are unable to get any form of ID, including a passport, from their government as their government wouldn’t grant them one.
4) Some asylees and refugees may lose the ability to do business overseas, which can cause financial loss
5) It prevents family reunification in a third country (during the pendency of the I-730 application)
Furthermore, it can be reasonably argued that asking the asylee to pay a filing fee of $220 for the RTD- and it can be a lot more if it is a family- is unduly burdensome. Bear in mind that the filing fee for a 10-year U.S. passport is much less than $220 for the RTD that is only valid for 1 year! Since the validity of the RTD is quite short, asylees have to meet a 1-year physical presence requirement (I- personally-don’t pay too much attention to the recent USCIS updated guidance in the USCIS Policy Manual), and it is taking up to 2.5 years for asylum based I-485 applications to be processed, and some asylees and refugees, even after becoming LPR, still can’t get a passport from their COP, it is logical to infer that an asylee would need to fork up a lot of money for the RTD applications.
You and I may think it is a no-brainer that the short RTD validity is contributing to the RTD backlog. It is befuddling to me that USCIS does not see it this way. Simply put, since the validity of the document is short, more applications, in a shorter timeframe, would be received by the agency. Thus, the agency would have more applications to process. Just extending the validity of the RTD by an additional year (I am not advocating for a 2-year validity, by the way), like they did with the EAD, would make a world of a difference for both the agency and the asylee/refugee.
It is quite rare for an asylee/refugee to lose his/her asylum status. In fact, the majority of U.S. asylees and refugees eventually become U.S. citizens and LPRs. There is no valid argument, then, why not to give asylees/refugees, who are de facto permanent residents and will eventually become LPRs and U.S. citizens, a travel document that has, at minimum, a 5-year validity.
Another burdensome requirement is forcing the asylee to complete the paper work and submit biometrics information. USCIS already has all the information on the applicant, including fingerprints, and so requiring the asylee to file forms and undergo biometrics screening is not only redundant but also unduly burdensome. I therefore cannot understand why the RTD can’t be issued automatically!
Interestingly, I still have an RTD application pending with USCIS, even though I became a citizen over 2 months ago. The I-131 application is pending for over 14 months. USCIS is not going to refund the $220 that I gave them. Instead, when they finally decide that they are going to look at my I-131 application, they are going to deny my I-131 application because their system will show that I was naturalized. This amounts to fraud. The filing fee- at least some of it- should be refunded since they are not actually issuing me an RTD, and they’ve willfully decided to delay the processing of the RTD application.
I completely agree with all this. There was some talk back in 2007 or 2008 of making the RTD valid for 5 or 10 years, but nothing eve happened, and it is obviously not a priority. I also think there is a provision in the Refugee Convention related to freedom to travel, and the RTD process also violates that. I have heard about some asylees sending the I-131 without the still-valid RTD and then waiting for a request for evidence to send it, which buys them some more time, but obviously this is not a solution. I would have expected USCIS to have resolved this issue long ago, but since they have not, a lawsuit would certainly be appropriate. There just has to be someone with the time and resources to do that. Take care, Jason
Can lawsuit be prepared and filed by petitioner ? Or it must go through the lawyer to help you to file? If this is something can be done by petitioner , is there any instructions ? because the processing time keep increasing and you can not arrange any plan
You do not need a lawyer to file a lawsuit. I do not know of a web page that provides guidance, but it is called a mandamus lawsuit. Remember that if you want to file such a case, you first need to try to resolve the problem in the “normal” way. I wrote about normal ways to expedite on March 23, 2022. After that, you can try a mandamus lawsuit. Take care, Jason
Hello Jason,
I have a question about the change of address. I am a dependent and my wife is the main applicant in our asylum application. I got a job offer in another state and am about to move there. My wife is still living at our current address for at least a year until she will join me. Do I need to file a change of address petition (Form AR-11)?
I was told by another lawyer that even though my wife is not moving, I have to fill AR-11 form; but choose “No” for the question which is asking “Have you filed an immigration-related application or petition and your case is pending a decision, or are you have not received a notice, card, or document?”. I really appreciate it if you advise me if this step is necessary.
If you are keeping your permanent address at the place where your wife lives, I think you do not need to change your address. But if you are moving your driver’s license, taxes, etc., then you probably should file a change of address. Also, of course, if you want to move your case, you can file the change of address, since you now have two legitimate addresses, I think you can choose which to use. However, if your wife plans to move pretty soon, maybe you are better to change the address now, since you will have to do it eventually. Take care, Jason
Thank you Jason for addressing my question. So if I change my address and check “No” for that question, It doesn’t change the address for our asylum application?
I have never checked “no” for that question. I think the only time you would do that is if you do not have any applications pending (for example, you have a green card). I think if it is a permanent move, you need to submit the form and check “yes”. Take care, Jason
Hello Jason,
My case has been transferred to an immigration court and my attorney is charging me about $1000 to just represent me for that, which i found super expensive for a roughly 15 minutes hearing before the individual hearing . He is suggesting according to him to do a “WRITTEN PLEE” where we accept our chargers via a written method. Cheaper (200$) which means we do not need to appear again in the court on the master hearing and according to him this written plea will substitute our appearance in August this year and we might get a court date for the individual hearing faster.
Questions.
1. Are such written plea effective? or going to court is ideal, The judge to see you better so as to have a face in mind on the case?
2. can I go to court on my own For the master hearing and then add a lawyer later on the main individual hearing? Since this is cheaper than I won’t pay anything.
3. how soon are merits hearing schedule after the master hearing?
4. any post you have done here about master hearing?
Yes he is right . I did same my master moved 3 times then jason suggested me for written plea and i got my individual within year and got approved my asylum. Chek your judge reating and play this game 99% you win best of luck
1 – It depends on the judge. Some judges require this and others want to see you at the Master Calendar Hearing. Personally, I prefer to attend the hearing, since with written pleadings, judges tend to schedule cases on dates when I tell them that I am not available. For whatever reason, they often do not respect our availability. That does not happen if you appear in person or by video. 2 – You can, but the judge might tell you to return with a lawyer and schedule another Master Hearing. Again, it depends on the judge. You can insist that they schedule an individual, but you have to make sure it is for a date when the lawyer is available. 3 – It totally depends on the judge. Anywhere from a few months to several years. 4 – I did one on March 7, 2018. Take care, Jason
Hello Jason,
I am an asylee. I received a C05 category EAD. It is going to expire in 2 months. I thought as an asylee I don’t need to have an EAD for employment. I have unrestricted SSN now.
Is having EAD for asylee optional or requirement?
Thanks.
I don’t want to find myself repetitive. But I need to reiterate it here.
First of all, Congrats to @asylee1 for your asylum grant. Your life is now good.
Second, I really don’t understand why asylees need to renew their A05 EAD. The first thing I feel an asylee needs to do is to go to SSN with ur A5 and apply for unrestricted SSN. And go to DMV to apply for State ID/Driver license, if applicable.
Third, I need to really call on all asylees to not using A5 EAD for employment. Because it furthers the impression that A5 ead is a needed documentation for I-9 purposes and will further their discrimination. I know in this one the employers’ discrimination is to blame. Not the government nor asylee or seekers. But I feel the govt needs to educate and make it an enforceable law to hold employers who discriminate based on types of work authorization accountable. In addition, the asylees, since u can now work without using an EAD, please don’t use EADs. Just use state id and SSN for I-9 purposes.
This is of course just personal opinions. You do what you want to do.
And again congrats on your approval @asylee1
You are not required to have an EAD (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees). However, it is more convenient to have the EAD since employers and DMVs are often unfamiliar with the rules. Also, you are probably eligible to apply for a green card by now, and so you may want to think about that. Take care, Jason
Asylum clock question. If asylum case is transferred from newark asylum
to arlington asylum office. The clock is 95 days. Due to moving. Will the clock restart at the interview or will it start as soon as my file is transffered to arlington office. If its at interview then i dont kno when interview will happen. Maybe years maybe 5 years plz answer take care
It is better to not move the case to a different asylum office until you get the EAD. If you have already done that, I am not sure whether the clock will stop or not, as the rules have changed about that and are not implemented in consistent ways. Maybe you can email the asylum office to ask about the status of the clock – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
Just wanted your opinion, it’s been couple of months since I did my asylum interview (after waiting for some years), but no decision so far. Was thinking of submitting FOIA request to USCUS to see if a decision has been made on my case. What do you think?
Thanks
I guess you can, but the FOIA will not necessarily give you an answer, and even if it does, you need the official approval letter. I wrote about some ideas to help with delayed decision on June 2, 2021, and maybe that will help, but almost all decisions are very slow these days, so your situation is (unfortunately) normal. Take care, Jason
Thanks a lot, Jason
Hello Eth,
Did you expedite your interview or they just called you? I am waiting since 2015 and just curious to know what is going on nowadays! Thank you!
WOW! Since 2015?!! That’s 8 years!! And there doesn’t seem to be any hope in sight. Having an asylum applicant waiting for 8-10 years for an interview or decision on his application, especially if the applicant has not seen his family since he fled his COP, does amount to cruelty as a result of the psychological stress and emotional toll. Then the applicant could conceivably wait another 3.5 years- the one-year wait before filing the I-485 application included- for the GC to be processed- and another 1-2 years for the citizenship application to be approved. I’m aware that USCIS updated its policy on when GC asylum-based GC applications can be filed (this policy, as of now, is very vague and has not been contested in court yet). As such, personally, this policy is up in the air- and, in my mind,
It’s ridiculous that an asylum applicant has to wait over 15 years in order to become a naturalized US citizen!
If you have the resources, perhaps you may want to file a mandamus lawsuit to force USCIS to do its work. If there is no thorny issue in the cases, I’d recommend that anyone waiting over 5 years for an asylum interview to save weekly or monthly specifically for the mandamus lawsuit. If you have the money readily available to do so, you should seriously consider it. This lawsuit is expensive, but it usually does work or it can worth it in the end: it forces USCIS to make a decision. Sometimes asylees get hope when we see our cases are moving or an actual person is looking at the case.
Hello Jamie;
I had few people telling me they are still waiting since 2014 and 2015 for interview just like me! I don’t know if suing USCIS really works! Any experience on this? Does it makes sense to sue them when tens of thousands applications are stuck in backlog? From personal point of view it hurts a lot and I feel like my life in America is all temporary and even start thinking about going back and taking the risk (fyi- my country went from worse to worst in the last 8 years and all my family and friends warn me not to come back! Even my mom was telling me how much she missed me but still want me stay in USA than not to take any risk by going back and get killed or being arrested)
Unfortunately, the world is getting worse and worse, particularly in certain part of the world. That’s why I keep saying, find and resolve the root cause. Remove the persecutors instead of offering asylum.
But I understand that it’s difficult to remove all persecutors in the world…and because offering asylum is, in my opinion, not a real, sustainable solution…I don’t think the situation is going to get better.
Talk to a lawyer who does mandamus cases, but it seems to me that they generally work. Before you try a mandamus, remember that you must try to expedite in the “normal” way, and so you can try that first. I did a post about expediting on March 23, 2022. Take care, Jason
Mandamus cases hit an all-time high earlier this year (see https://trac.syr.edu/reports/717/). I guess that is not surprising, but it is a sad testament to the state of affairs at USCIS. Take care, Jason
I want to chime in a bit about this as well and also want to ask what’s going on ? @ETH, did you do expedite ?
I also want to ask @Jason regarding @Jamie’s comments. I heard that govt lawyers are now actively fighting mandamus lawsuits…Is it true ? I know that usually, if you file a mandamus lawsuit, the service will back down and give u an interview, now the mandamus lawsuit could actually go to trial and the judge may actually rule in favor of the service, right ?
Yes, the interview was expedited after 7 years of wait.
I do not do mandamus cases, but my observation is that this has not changed. For the most part, they would rather expedite the case than fight the mandamus, but that is just from my person my person perspective and I have not seen data on this point. Take care, Jason
It was expedited interview. But the decision is taking time too.
Hello Mr. Dzubow,
I was granted asylum last year and I haven’t received a new EAD card. My old one will expire in September. Do you know how long does it take for the USCIS to send a new card and should I request it? I thought they process and send it automatically after an individual is granted asylum by the IJ.
Thank you!
They should send it automatically, but often they do not. If you have won asylum in court, you have to Google “post order instructions in immigration court” and follow those. If you won at the asylum office (or in court), you could just fill and submit the I-765 for category a-5 (asylum granted). The first EAD based on asylum granted is free. Also, if you won asylum last year, you may be eligible to file for your green card soon – I wrote about the new rule for GCs on February 8, 2023. Take care, Jason
Thank you so much! Since I already have EAD under c08 category, would this new application be a renewal or my initial because it’s now a05 category?
If it is a new category, it is not a renewal (though there is a space on the form to list info about prior EADs, and you should list the info there for the old EAD, even though it is a different category). Take care, Jason
Hi Jason,
I want to thank you for everything,unfortunately my application was referred to the Immigration Judge in 2026 about 3.5yrs from now.
Honestly,I have waited 7years already for all these drama and really don’t have the strength anymore to wait that longer,as I would have been 10.5 years in the country by then added to my age,leaving my wife and daughter behind in my COP.
Please,can I expedite for a faster date? And can I also get into another category without it obstructing one another.
Thank you.
@emmanuel
If i were you i would go back home or if it’s dangerous in all over the country then you can try immigrate to Canada or see european country like poland! Most likely the next president is a republican and he would make it hard as hell to get asylum anymore even from courts like trump did and hired the toughest judges of immigration in his era! Don’t waste anymore time and go another country and petition your daughter and wife!
You can try to expedite – I wrote about that on April 20, 2017. If you have other applications to try, you can try those too – it should not affect the pending asylum case. Most people in court would not be eligible for other types of applications (besides marriage to a US citizen or a few other obscure categories), but it depends on the case and you would have to talk to a lawyer about the specifics of your situation to know your options. Take care, Jason
Hi Jason. Last week I asked you a question regarding travelling with a Eb Combo card to a third country. And thank you for your answer. However, I have read somewhere that this can work against me; that the USCIS may accuse me of abandoning my asylum case despite them issuing me with the EB combo card. This has left me confused. Is this true? I really need to go visit my family. Thanks
I have never heard about that happening. If you have AP based on an employment application or any other application, you should be able to return to the US. I do not see why that would cause USCIS to consider the asylum case abandoned. I have had many clients travel with a pending asylum case, and that has never happened. If you go to your home country, that certainly would be an issue in your asylum case. Also, using your passport to travel could potentially be an issue depending on your case (you should at least be able to explain why you traveled using the passport of a country that wants to persecute you). Other than this, I do not see why the travel would be an issue. Take care, Jason
Good morning sir . My asylum case is at hartford immigration court Connecticut. My final hearing is july 13 2023. Around 2 months from today but i already moved 15 days ago to new york long island. I already have new york driver license an rent lease of apartment. How to get immigration judge in connecticut to approve motion of change venue. Will he grant it since final hearing is just 2 months away. And if its granted will i get new master hearing in new york
Dome judges will grant a change of venue (assuming you filed a motion to change venue) and others will not do that if you are close to the individual hearing date. You can try. If the case gets moved, it could be set for another MCH or an individual, depending on the judge. Take care, Jason
Hi everyone,
I will be submitting my for I693 (Medical Examination) for Green Card based on Asylum. USCIS requested the form as I had not submitted it along my Adjustment of Status application.
Does anyone know by average how long it takes for USCIS to process the adjustment after receiving the medical examination form.
I am from Afghanistan, if that makes any difference.
Thanks,
I think it is not very predictable, like everything else at USCIS. However, in many cases where we submit the medical exam, there is a decision in a month or two (though unfortunately, Afghan cases tend to take long for most types of applications, so it may be longer, but some Afghans are lucky and their cases go quickly). Take care, Jason
Hi Jason,
I am planning to file my application to adjust status but I have a question regarding the medical forms. Are there any specific doctors that need to fill them out or I can see even my primarily doctor?
You have to use a doctor from the USCIS list, which you can find here: https://www.uscis.gov/tools/find-a-civil-surgeon. Take care, Jason
Good Morning Mr Jason
I pray that everything is well and thank you so much for supporting asylum community.
Please I have some questions
I am filling I485, my son traveled last Christmas 2022 with his Travel document and I am trying to find online his I94 but not record. I know that is not anymore non-immigrant
1- do I put the I94 stamped granted?
2 regarding public charges, is Foods stamps included in public charges too?
I got only foods stamps not public assistance short period( 2 years trough my US citizen baby).
But I put ” No” for Public charge
Again thank you for your support 🙏 and have a blessed day
I am not completely sure I understand your question, but it sounds like your son last entered the US with a travel document of some kind and he does not have an I-94? If so, 1 – I would put the last I-94 you can find, and if that is not the last entry, you can include a copy of the travel document and entry stamp (if it was stamped when he arrived), and then in the cover letter or supplement page at the end of the I-485 form, explain that you included the most recent I-94, but that he had another entry and there is no I-94 for that. 2 – If he is getting the GC based on being an asylee, the public charge rules do not apply. Otherwise, I think food stamps counts and you have to list it, but I am not certain – you have to check the I-485 instructions. If you are not sure, it is probably better to list it, since you do not want USCIS to think you are trying to hide it. Take care, Jason
Thank you so much for responding promptly. Yes my son and I are asylee ( granted by IJ since April 2022 in NY).
He traveled last Christmas 2022 with RTD and returned no problem, I am trying to retrieve his I94 with his RTD informations but it said ” no record found for traveller”
So confused, I used his current citizenship because he is not US citizen yet?
1- Do asylee people travel with RTD and return to USA need I94?
2- How to track it, if RTD information is giving No record, can you use your Alien Number to retrieve I94 ( since alien number is included in RTD)
Thank you so much again
1 – I do not remember, but I think they do not get an I-94. In any event, it is not really needed, as long as you tell them about the travel. 2 – Maybe you can do a Freedom of Information Request with ICE/CBP, but I have never done that, and I do not think it is needed. Take care, Jason
Are you saying that your son entered Canada with RTD only with no issues?
No he( he is asylee) traveled to Dominican Republic and returned to USA in January 2023 with his refugee travel document, now he needs his recent I94 to apply for green card but he retrieved I94 online by using the RTD number it said ” no record found for traveler”
My question is Asylee who traveled and returned with RTD needs I94 for his travel history( or Asylee is included in exception for those people don’t need as USA citizens, Canadian, resident immigrants…)
If you cannot get an I-94, just submit the most recent I-94 that is available and provide evidence of the more recent travel, such as a copy of the entry stamp on the RTD. Take care, Jason
April, a couple of people, including Jason, already responded with excellent information. Just to add my two cents to discussion: According to U.S. CBP, asylees and refugees, when seeking admission to the US with an RTD, should be issued a paper I-94, after secondary inspection, with the printed number crossed out and the actual electronic I-94 number handwritten upon it. In other words, when your son arrived at the port of entry and inspected by the immigration officer, he should have been issued a paper I-94 that shows his class of admission and an I-94 number handwritten on the paper/in the RTD. This could also be in the form of a stamp in the RTD. If this did not happen, the immigration officer should have updated the CBP system with the arrival-departure info so it can be available online. If none of the aforementioned applies to you, you should simply use the original I-94 number, the one issued when he entered on the B1/B2 visa or the one that was put on the I-589 application, and explain, using the additional space provided on the I-485 application form, that a new I-94 number or card was not issued after his travel abroad/when he entered the US. If there was a stamp in the RTD/piece of paper issued to your son upon his return to the US, he should submit a copy of this with the I-485 application. In any event, I don’t think this is a big deal.
Hi jason sir if asylum is applied after 1 year deadline is asylum case straight without interview transferred to immigration court without interview. Im from la and in la asylum office i heard from some lawyers it goes straight to immigration court with out interview if filed after 1 year. And also can i apply work permit after 150 days of applying asylum too. I wanted to confirm that thanks a lot. Take care
You can apply for the work permit, the same as anyone else. I do not know about LA, but some asylum offices were giving people the option to skip the asylum interview and go directly to court. If you have a decent asylum case, you should not do that – there are exceptions to the one-year bar, and if you can show that you meet an exception, you can qualify for asylum. This is a tricky issue, and so you should talk to a lawyer about specifics, but I wrote about it on January January 18, 2018. Take care, Jason
Title 42 has been rescinded for a week now, may I ask how is the border situation at the moment ? And also how is the national mood towards immigrants in general ? Most sentiments I am getting is that, the immigration system is inefficient, dysfunctional, a mess…which is “fine” I think (bureaucracy always exists) ? but I worry has it advanced to a more immigrant-hating phase ?
It sounds like the feared “surge” at the border never really happened, but I think it is still too soon to know. We will see how things go in the coming weeks. Take care, Jason
Thanks Jason 🙂
Good Morning Mr Jason
I pray that everything is well and thank you so much for supporting asylum community.
Please I have some questions
I am filling I485, my son traveled last Christmas 2022 with his Travel document and I am trying to find online his I94 but not record. I know that is not anymore non-immigrant
1- do I put the I94 stamped granted?
2 regarding public charges, is Foods stamps included in public charges too?
I got only foods stamps not public assistance short period( 2 years trough my US citizen baby).
But I put ” No” for Public charge
Again thank you for your support 🙏 and have a blessed day
Hi Jason Many thanks for your blog🙏🏻
I’m currently filling the i485 form myself and have a question on the part 1. Section 26 should I enter i94 from the website when I entered USA or from the white card? Also status on I-94 I’m asylee should I put Asylum granted? And there is no expiration on white card should I just leave it blank?
Also the main question I got my Asylum via immigration court so on the question on part 8. Section 18. Are you presently or have you ever been in removal exclusion or deportation position and on section 23. Have you ever applied for any kind of relief or protection from removal exclusion or deportation should I answer both as YES? Since I was in removal procedure once Asylum office referred my case to the court? Thank you so much
If the question asks for your status at the last entry, put that, but if it wants your current status, put that you have asylum. You should include a copy of the asylum I-94 and the entry I-94, so USCIS will have both. For the questions about removal proceedings, you should put “yes”. I then circle the question, write “see cover letter,” and provide an explanation in the cover letter that you received asylum from the court. You should also include a copy of the court order. Take care, Jason
Does Anyone knows if Tina got her greencard through asylum or not yet? Long time no comments from here i wish everything is going well!
Hi Jason, first I want to thank you for all you are doing for asylum community, it means a lot to us, my husband and I have done our interview after 7 years of waiting and at the end of the interview officer has given us a letter notice regarding to go back to the office in two weeks to get our decision which is rare these days, should I take it as good sign? And when I check online it says “interview scheduled”
I would not worry about the online notice. Supposedly, some people do get decisions in two weeks, though I can’t remember when I last had a client who got that. If the decision is not ready, they sometimes call you, so you don’t waste time going to their office, but they don’t always call. Anyway, unless you hear from them, you should go back in two weeks. Good luck, Jason
May I ask which office?