Perhaps you’ve heard the parable of the blind men and the elephant. A king summons blind men from his kingdom and asks each one to examine an elephant. One man feels the elephant’s head and says that he’s touching a pot. Another man feels the elephant’s side and describes a wall. A third man touches the elephant’s leg and talks about a tree trunk. One lesson of this story: Unless we have enough information, it’s difficult to determine the truth.
That’s also the lesson of a new book, The Refugee System, by Professors Rawan Arar and David Scott FitzGerald. The book argues that many academics and policymakers view the refugee system too narrowly. Instead of seeing the bigger picture, they focus only on the elements of the refugee system that relate to their area of interest. This type of “siloed” approach has real-world implications for those seeking protection and for the nations that host them.
According to Professors Arar and FitzGerald, the “siloed” approach to refugee studies has a number of disadvantages. Perhaps the biggest of these is that the study and analysis of refugees often lacks context and fails to account for the wide range of factors that impact migration. Why do some people move and others stay put? How do people decide where to go, and how do prior migrant flows affect current movements? How important are economic factors? When the exit or admission policies change in one country, how does that change reverberate through the system?
One point that I found particularly interesting was the authors’ explanation of how refugee policies in the Global North rely on refugee policies in the Global South. Professors Arar and FitzGerald note that, “States in the Global North fund refugee hosting in the Global South, and in exchange, Southern states keep most of the refugees away from the North.” Indeed, “Southern states are the foundation of the contemporary system of refugee management.” “The current configuration of Northern refugee reception – even in the most generous states – is only possible because Southern states contain and control most refugee movement.” “In fact, all Northern states combined accept fewer than 1 percent of the world’s refugees through a process called resettlement that allows officials to select, vet, and invite refugees to settle on their territory” and obtain permanent status. In other words, the only reason a country like the U.S. can have generous refugee and asylum systems is because states in the Global South host the vast majority of the world’s refugees.
Of course, this system can be subject to breakdown. As the authors explain, “Governments sometimes use refugees to try to accomplish specific foreign policy goals.” One such goal may be “to weaken a target state’s legitimacy by highlighting the hypocrisy between a public commitment to rights norms and a limited willingness to accept refugees in practice.” “Liberal states are especially vulnerable to this kind of strategy.” An example here might be the Turkish government’s agreement to keep Syrian refugees out of Europe. Or the Mexican government’s agreement to keep migrants away from our Southern border. In each case, the destination country enlisted a third country to do its dirty work and help prevent a “liberal” refugee regime from being overwhelmed by untenable numbers of asylum seekers.
The book also highlights the long term harm caused by warehousing refugees in the Global South, where they mostly live without any permanent status. Generations of refugees reside in countries where they do not have citizenship and have few legal rights. “Conservative estimates suggest that 1 million children were ‘born into refugee life’ between 2018 and 2020.” Analyzing the situation through a “systems approach shows the role that Southern states play on a global scale as spaces of buffering and containment.” Whether this human cost is worth the price of preserving the image of Western nations as “generous” destinations for refugee resettlement, I do not know, but it certainly begs the question of whether there is a better way.
Another point that caught my attention was the difference between countries that have signed the 1951 Convention Relating to the Status of Refugees and countries that have not signed. Professors Arar and FitzGerald found that a “survey of Southern refugee host states reveal that signatory status does not reflect a state’s commitment to refugees.” I had always viewed the non-signatory states negatively, particularly a number of Persian Gulf states that are well-known for refusing to offer permanent status to displaced people from the region (many of my Arab and Afghan clients had spent time in the Gulf but were forced to leave once their status expired). However, the Professors note that many non-signatory states do, in fact, host forced migrants. For example, “To claim that Saudi Arabia has not received any Syrian refugees because those individuals have not been identified as refugees through a legal assessment is false.” And so while the Saudis are not offering permanent status to Syrians (or other refugees), they are probably no worse in this regard than signatory countries who specifically label people as “refugees” but do not allow them to permanently resettle.
There is one last point from the book that I want to highlight, mostly because it is one of my (many) pet peeves. Policies in the U.S. and in most host states can “strip people of refugee status if they have temporarily returned to their country of origin under the logic that a refugee who was wiling to return must be safe there and no longer requires international protection.” This policy creates a strong disincentive for people to return, since they can’t go for a short visit to scout out whether it is safe for them (and their families) to return permanently. If we want to encourage refugees to repatriate, we should allow them to make such trips without risking their status in the host country.
Professors Arar and FitzGerald’s book was not written for a general audience, and it is not an easy read. But I certainly hope it reaches policymakers, academics, and others in the field. The “systems approach” offers a broad and deep view of the refugee phenomenon. When we have a richer and more holistic understanding of causes, effects, and solutions to forced migration, we can make better policies and improve people’s lives.
Hello Jason, how do i contact or email or call asylum office if i have issues with asylum EAD clock. And also if i email them uscis says dont send sensitive information. Do i send my a-number or receipt number or not. And in subject of email what do i write. Do i write my a-number. Thanks
Have a Good day
You can find their email if you follow the link under Resources called Asylum Office Locator. They do say not to send the Alien number, but I send it because otherwise, they will not be able to easily find the case. I am not sure what you need, but you can mention that the asylum clock is stopped and ask them to start it. Some offices allow you to go in person to ask, and maybe you want to try to do that as well. It is not easy to get a stopped asylum clock started again, so it may take multiple tries. Take care, Jason
Good morning and happy Tuesday everyone!
Jason please advise on form I-485 question 69.a have you ever failed or refused to attend in attendance at any removal proceeding filed against you on or after April 1 1997 if I’m answering No, there is a following question 69.b if you answer to item number 69.a is Yes, do you believe you had reasonable cause? Can I skip this and just leave it blank? Can I just skip all the questions that is not applicable to me and leave them blank or I should put N/A or none? Thank you
Hi Star- Jason will respond. In the meantime, think about it… If a question has two parts (A and B), and part A of the question asks you to answer “yes” or “no”, and part B of the question says (if) your answer to part A is “yes”, then provide an answer, at part B of the question, as to why you answered “yes”. If your answer is “no” at part A of the question, how would part B of the question apply to you? In any any event, if you want to be extra careful, you can literally write “N/A” beside the question and initial it. I suppose that won’t hurt.
Thank you so much JAMIE! Yes I know that’s makes sense but this is USCIS and I just don’t want to mess up the application 😅 this form also not allowing me to type n/a do you think it’s ok to just hand write N/A?
Yes, it can be handwritten and initialed by you
For those questions, we skip them and leave them blank, but you can also write N/A as Jamie suggests. This is yet another sign that USCIS forms are poorly designed and need to be re-done. Take care, Jason
Good morning,
I decided to work on my green card application because I believe my lawyer is now charging me too much. However, I have a question for you. Where would you send your package if you lived in Kansas city, Missouri? Again, thank you for time and attention.
You have to go to the I-485 web page and look at Direct Filing Addresses for your category (asylum) and for your place of residence: https://www.uscis.gov/forms/all-forms/direct-filing-addresses-for-form-i-485-application-to-register-permanent-residence-or-adjust-status. Take care, Jason
Hi Jason,
I recently filed i-485 based on asylum granted by IJ decision 7 months ago. Should I expect an interview with the USCIS? Does i-485 usually get approved with or without interview when it is based on asylum granted?
Thank you!
The Trump Administration made a rule that every I-485 applicant should be interviewed. That was never fully implemented and the Biden Administration seems to have backed away from this (as it is a total waste of time). And so now, some people get interviewed and others do not; as far as I can tell, it is not predictable. Take care, Jason
Hi Jason,
I hope you are doing great. I would like to submit green card application on my own. Can you please help me with the following questions?
1) Do I need to submit 2 separate cashier checks for biometric and application or one cashier check for total amount should be fine?
2) Do I need to send the refugee traveling doc to the same address as the green card application? I would like submit I-131 and green card application together.
3) I came here with J1 with 2 year of residency requirements. I never fulfilled 2 years of the residency requirement. However, I was granted asylum by immigration judge. I say “NO” to the question “Have you complied with the foreign residence requirement. Do you think it is the correct answer? Also, Can you please send me the law (code) where asylum waive off the 2 years of requirment?
4) My asylum is granted by immigration judge (previously denied by asylum office). I say “NO” to the question “have you ever applied for any kind of relief or protection from removal, exclusion or deportation.? Is “NO” the correct answer?
5) Can I submit a green application without a medical form?
Thank you so much again
1 – Either way. We try to submit one check for the fee + biometrics. 2 – If you submit them simultaneously, they go to the same address (for the I-485). That way, you get the RTD at no extra cost. 3 – There is a specific section of the Code of Federal Regulations that exempts asylees from the home residency requirement, but I do not remember what it is. If you cannot find it, you can probably provide an explanation that you are an asylee and thus exempt from the home residency requirement. 4 – I would put “yes” since you applied for asylum as relief from being removed. 5 – Yes, but make sure the medical exam is dated shortly before you file the I-485 (less than 30 days is best, though I think a bit longer is ok). Otherwise, the medical exam could expire and you would need to re-do it. Take care, Jason
Hello Mr. Dzubow,
My nephew’s i-730 application has a misspelled last name (one extra letter in the middle of his last name). The application was already filed several years ago and it’s currently pending. Unfortunately, I did not see the application when it was being filed.
Is it possible to fix the error? And if yes, what would you suggest in such case?
Thank you so much!
Whoever filed the I-730 can make an online account at http://www.uscis.gov and submit a letter explaining the error with some evidence (copy of passport, birth certificate, etc.) containing the correct name. If the person cannot create a online account, the person can mail a letter to USCIS with this same info and a copy of the receipt, so hopefully, the letter will get matched with the pending I-730. But if this can be done online, that would be better. Take care, Jason
Good Evening Jason
Thank you a lot for all you do for us!
I’m currently preparing my AOS package myself
Could you please advise if the package is ok?
This is what I want to send:
1. Form I-485 Application to Register Permanent Residence or Adjust status
2. Two passport-style photos
3. 2 checks with fees 1 for the I-485 form and 1 for biometrics fee
4. Proof of grant of Asylum – copy of Immigration Judge order
5. Copy of USCIS Asylum granted status letter
6. Copy of form I-94 with current Asylum status
7. Copy of form I-94 when was admitted to US from the website
8. Copy of government-issued ID- Driver’s license
9. Copy of Employment Authorization Card
10. Copy of Passport page (biographical page) and copy of US nonimmigrant visa with entry stamp
11. Copy of Birth certificate with an English translation
12. Form I-693 Report of Medical Examination and Vaccination Record
13. Form G-1145
I submitted form I-131 for travel document few month ago should I submit it again? Since it’s free with AOS?
TYIA
I do not know the case, so I cannot say for sure that this is everything you need, but it looks good for a case with no criminal or immigration issues. If you already filed the I-131, there is no reason to file it again. Maybe you can use the I-485 fee receipt in the future to “pay” for your next I-131 (this should work, but the rules change now and again, so try to double check when/if the time comes). Take care, Jason
Hello Jason,
The Hill and other newspapers are reporting that this new bipartisan bill introduced by two Latino Democrat and Republican congresswoman is a nice one and may have enough support!
My question on the bill is
1. Does it include pending asylum like most of us following your forum here?
2. Do you think the House leader McCartey allow the bill to be voted on?
3. Is there any chance for the bill to pass congress but fail in Senate
4. Do you think the next one year and nine month of Biden Presidency enough for the bill to pass with enough support?
Thank you,
Unfortunately, this bill is not going to pass.
I say this with 99.99% certainty, meaning virtual certainty.
There have been many bills introduced over the years and nothing has passed, and so I’ve stopped paying much attention to these things. If it gets further along in the process, I will take a look, but so far, I have not looked at it. Take care, Jason
How to check which address uscis or asylum office has on file. I asked my lawyer to change my uscis asylum address but before that i stopped taking his services. Im not sure my address changed or not. Can i do foia with uscis. If yes how do i do it and what do i specify there. My a- file or my i-589 details or just write i need to know most current address uscis has on file for me
You can just file a change of address yourself, form AR-11, available at http://www.uscis.gov. It can be filed online. You can also email the asylum office directly. You can find their email if you follow the link under Resources called Asylum Office Locator. A FOIA should also get you this information, but it will take a few months. Take care, Jason
Hi Jason,
Thank you for all that you’re doing. I really appreciate it! I’m an asylum dependent (along with my two siblings, and dad) and my mom is the main applicant. If I get sponsored by a company, will this affect my mom’s asylum status or my siblings and dad’s dependent statuses? Thank you so much!
It will not affect them, but you should make sure that you are eligible to get a GC and ask whether you can do that in the US, or whether you will have to leave, and if you have to leave, how exactly will that work. I would get this all in writing from the lawyer before you start the process. I wrote about this issue on August 28, 2018 and September 6, 2018 and maybe those will help, but you will need to talk to a lawyer about the specifics of your situation. Take care, Jason
Hi Jason,
If my mom’s asylum application is still pending, will her pending status effect my greencard application to get approved? Do I have to wait until her application gets approved or denied for my greencard process to go through as in will this slow my process down?
Also, to process my greencard through employment EB-3, do I continue to hold my current dependent pending status until I receive greencard? Or will I hold a different status before then?
Thank you!
If you have an independent basis to get a GC and are eligible to do that, I do not see why your mother’s asylum application would have any effect on your GC application, and I also do not see why you would need to wait for her case to be approved. However, if your only status is asylum pending based on your mother, you are likely not eligible to get a GC without leaving the US (and you may not be eligible at all). You would need to have a lawyer look at the specifics of the case to know for sure, but I wrote articles that might help on August 28, 2018 and September 6, 2018. If you get your GC while you are still a dependent on your mother’s asylum case and the asylum case is still pending, probably you will want to withdraw yourself from her case, since you will no longer need that. Take care, Jason
Hi Jason, thank you so so much for answering my questions.
I was f-2 under my dad and I turned 21 in on October and my mom’s asylum application was received in December but my name is still under her receipt and I was still called in for biometrics and I was later given an A number and even EAD. Am I officially her dependent?
Also, on this page does this mean that I’m not technically unlawful presence because I overstayed the visa by less than 180 days and they mentioned that asylum pending isn’t unlawful presence? https://www.uscis.gov/policy-manual/volume-7-part-m-chapter-3
But does it mean I held an invalid/void non-immigrant visa status when my mom included me in her asylum application, making it harder for me to adjust status in the US through employment green card?
But I’m not technically unlawful presence, would me holding a void visa holder when I was initially included in my mom’s application be a huge curveball?
If you were 21 years or older when your mother’s I-589 was received (check the receipt date), you are not permitted to be a dependent on the case. If that happened, it is probably a USCIS error, but I do not know that this would protect you. I would talk to a lawyer and have the lawyer look into this. One option would be to file your own asylum case and argue that the USCIS error caused you to believe you were a dependent and that is why you had not filed previously. Also, I do not know about F-2 dependent children, and though I suspect that 21 is the cutoff, I am not sure and so maybe you want to double check about that. Also, maybe you could somehow reinstate yourself into F-1 status (or some other status) based on the USCIS error. In terms of unlawful presence, it would depend on the issues above, but if your F-2 status ended in October and you improperly became a dependent on your mother’s case, USCIS could consider you unlawfully present since you turned 21. I think this is an issue that you would have to argue against, but it is certainly a danger. Even if you are an asylum dependent, it is not easy to get a GC based on employment – I wrote more about that on August 28, 2018 and September 6, 2018, but I think you need to talk to a lawyer and sort out your current status, so you can better know your options. Take care, Jason
Hi Jason,
Here’s the situation. Mother and daughter came seeking asylum 7 years ago. Never had an interview so never referred to court. A year ago Mother got married to a US citizen. Daughter was then 18. Mother just got her Green Card as a Legal Permanent Resident, 2-year conditional.
Meanwhile daughter applied for and got TPS (Venezuela) when first available. At the time she did not apply for an EAD under TPS as she had the 2-year EAD as a pending asylee.
Now Mother will file the I-130 as a LPR for daughter. Once that’s approved daughter will file I-485 for adjustment of status to LPR. We hope that with the Child Status Protection Act, she won’t age out before being approved.
Questions:
Should Mother petition to withdraw her asylum application (daughter is derivative)?
What if she doesn’t? Does that cause any problem for Mother now, or later when she applies for citizenship?
Is there any benefit to daughter is keeping the asylum application active, especially if this drags on and the administration changes?
FYI daughter is a college student just finishing her sophomore year on a full scholarship at Smith College.
Thank you. As always everyone on this forum appreciates your time and generosity.
If the daughter has TPS, she should be able to get her GC in the US based on the mother, but I do not know how long the waiting period is – you can Google “DOS visa bulletin” to see that. On that web page, there are two charts – one indicates when the daughter is legally eligible to get a GC, but the other (which has an earlier date) indicates when the daughter can file her I-485. I do not think the Child Status Protection Act protects the daughter from aging out in this circumstance, but I have not looked at that in a while and I may be wrong. In terms of your questions: 1 – I would not withdraw, as the daughter may need to remain a dependent depending on how the case goes. Maybe the daughter wants to file her own asylum case? 2 – The mother can keep the case alive with no negative effect on your GC or citizenship. 3 – Maybe, especially if TPS ends or the adjustment does not work for some reason. To protect herself, the daughter may want to file her own asylum case. I would strongly encourage you to talk to a lawyer about the specifics of this situation. It seems to me that this might work out for the daughter, but I think you need a plan and to do that, you should get more specific advice from a lawyer who knows the case. Take care, Jason
Thanks Jason. Yes, I agree she needs to talk with a reputable attorney. The mom talked to someone a week ago but I’m not feeling very positive about her experience. Sounded like he wanted $3,600 to take her case, but it wasn’t clear at all what he would do or what he recommended. Since the daughter is in Massachusetts at college and will be for 2 more years, is this a case your firm would take? I’m really concerned that we do this right. She’s the granddaughter of my heart. There’s no good future for her in Venezuela.
I may have misunderstood the information on Child Status Protection Act on the USCIS site. It’s complicated, but I thought as a Family Preference F2A she’d fall into the category that would allow her to calculate her CSPA age using this formula:
Age at Time of Visa Availability – Pending Time = CSPA Age
Maybe I got this wrong, which is why she needs an attorney. Thanks again.
You may be right – I just have not looked at that issue in a while and I do not remember, so I am suggesting you double check. Also, if you consulted with a lawyer and still do not know the plan, my thought is that you should look for another lawyer. My suggestion is to find a local lawyer, but if you cannot find anyone and want to do a consult with me, you can email me: jdzubow@dzubowlaw.com. If I can find an answer about the CSPA during the consult, I will do that, but off the top of my head, I do not remember if it applies to these types of visas. Take care, Jason
Thanks Jason. Appreciate all you do.
Hello Jason,
My brother filed i-730 5 years ago for his teenage son. The application is still pending with Texas Service Center. Recently, my brother contacted a paralegal to cancel i-730. Several people including me are trying to convince him not to do it but he is convinced that bringing his son to the US will cause financial and emotional stress to his current family. As far as I know, he only made an appointment with a paralegal to cancel i-730 but hasn’t done any paperwork. My question is, can he cancel the processing of i-730? Is even possible? This is unique and heartbreaking situation for me personally because I love my nephew and I want him to come to the US.
Thank you very much.
As far as I understand, the I-730 is filed by the asylee and that person can cancel it at any time. Why it is taking so long, I do not know. Such cases are slow (maybe 2 years), but 5 is way too long. Maybe before canceling it, he should talk to a lawyer about his options, so he knows all the possibilities (including ways to try to expedite) before he takes such a rash action. Take care, Jason
Hi Jason, I have been waiting for my asylum interview since 2014 and I have a lawyer assisting me. How long do you think it will take for me to get an interview? Also, I am waiting for my EAD and it’s been about 11 months since I applied. Can it take more than a year to get the EAD?
No one can predict when the interview will be scheduled. You can try to expedite – I wrote about that on March 23, 2022. In terms of the work permit, they are mostly take between 1 and 1.5 years, but if you filed to renew before the old card expired, you got an automatic 540-day extension on the receipt, and that should be enough until the new card arrives. Take care, Jason
Hi Jason,
We preparing I-485 and I-131 to file ourselves. I see some people submitted proof of one-year presence in the US. Do we need to submit such proof?
Here are the things I am mailing:
– I-485, (Two cashier’s checks, each amount of $1,225)
– I-131
– 4 * passport-style photos
– Copy of USCIS asylum approval notice letter with attached I-94, and the most recent I-94 from F-1 admission
– Copy of Driver’s License
– Copy of marriage certificate and birth certificate of our child (US-born).
– Copy of birth certificate with English translation (my wife doesn’t have her birth certificate)
– Copy of passport bio page and visa page
I initially wanted to pay the fee with a credit card using G-1450, But I read online that banks frequently reject them due to the fraud alert. So decided to go with the cashier’s check.
I do not submit proof about the one year of physical presence unless there is some issue, and that has always been fine. The list of documents seems fine, but I do not know your case and so I cannot know for sure. Also, I think a personal check is best, but a cashier’s check is fine as well. Take care, Jason
Thank you! I mailed the application to USCIS and they accepted it.
I didn’t include a copy of my asylee EAD card as I am not filing an I-765, only filed I-485 and I-131, it should be fine right?
If you are not filing for a new EAD, you should not need to submit a copy of the current EAD. Take care, Jason
Hello Mr. Dzubow,
I recently submitted I-485 with an attorney. However, several days ago I realized that 2 passport size photos should have been glossy according to instructions. I did not know that, unfortunately, and sent in matte photos. My attorney did not catch this also and mailed the forms with matte photos. Could you please let me know if it makes a difference whether the photos are matte and not glossy? I think I might get RFE for this but wanted to see if I can be proactive and do something to fix this error.
Thank you!
I have sent matte photos before and we never had an issue. I guess it is possible that USCIS will not accept them and send an RFE, but I doubt that will happen and I do not think it is worth trying to send photos before they ask. If you wanted to do that, you would at least have to wait for the receipt, so you have a case number, but I would probably just wait to see what happens and not bother sending new photos unless asked. Take care, Jason
Thank you so much, Mr. Dzubow. I really appreciate your responses to all my questions. I am forever grateful.
Please Jason how much do you charge for a person that wants to withdraw his asylum case? Field office Arlington
I would likely not take such a case, as the person can easily do it on their own. I wrote about this on December 7, 2022 with information and instructions for how to withdraw. Take care, Jason
Please Jason after submitting the letter should I wait for a decision before I travel to another country? I got my GC through marriage.
If you are not traveling to your home country, I think it will not matter, but if you do plan to travel to your home country, that could raise issues, even if the asylum case is withdrawn (withdrawing the case does not erase the fact that you filed for asylum). I wrote about returning home for asylees, but this would apply to you as well – that was on January 6, 2016. Take care, Jason
I have a friend who had an individual hearing at the immigration court.
His witness affidavits have been signed and notarized by a notary
However, there’s no date and signature from the affiants. What could happen?
It may make the letters less useful. It is better if they are dated, but they can still be used as evidence. Also, I thought when a document is notarized, the notary includes the date, so maybe check for that. Take care, Jason
I filed affirmative asylum 150 plus days ago.around 4.5 months ago i had my fingerprints/biometrics. When i did it the officer there gave me a stamp notice of appointment of biometrics but he messed up there. First he wrote something than scratched it and wrote again on notice stamp. Secondly employee id number that he has to give on notice he only wrote it once on biometrics qa review but didnt write his id number on ten prints qa review. Will this all mess stop my clock. Its uscis related delay not mine tho
I highly doubt this will have any effect. If the 150 days has passed, I think you can just file now and see what happens. But I do not see why these issues would have any effect. Take care, Jason
Hi everyone,
Has anyone had experience delay for background check before immigration judge at hearing?
Thank you.
It is not common, but we see it now and again. I currently have one case that was delayed twice for this reason, and we are hoping the issue will be resolved next month. Take care, Jason
Thank you as always for your response
Hello Sir,
I fled persecution from my home country and arrived the USA 2 weeks ago.I was placed in removal proceedings and given a court date
a) Can I move my court case from Florida to New York since I will be living with my sister in New York?
b) I have trying to search my court case on the EOIR website invain using my A number. Please if I don’t fine it, can I file for Affirmative Asylum?
c) if I file for Affirmative Asylum do I still need to go to my Master hearing?
d) If DHS later on sends my case to court what will happen to my Affirmative Asylum?
Thanks so much
a – Yes. You can change your address with the court using form EOIR-33, but you may also need to file a request with the court to move your case. If you have a lawyer, the lawyer can help with this. b – If the case is not in the EOIR system, you can file affirmatively. However, once the case gets into the system, the affirmative case will be done and you will need to file again with the court (though you can use the same exact form). c – Yes. If they schedule a MCH, it means your affirmative case is dead and you must file again with the court. Also, if you miss a MCH, the judge will order you deported, so don’t do that. d – See b & c. Your case will probably be in court and you may want to call the court to ask (you can find their number if you follow the link under Resources called Immigration Court). Also, since the case will probably be in court, it is a good idea to Google “pre-order instructions in immigration court” and follow those to get a fingerprint appointment. This takes about 6+ months and you need to do it, and so it is best to start the process as soon as possible. Also, you may want to talk to a lawyer to help with this, as the situation can be tricky when they issue a Notice to Appear by they do not schedule your case for court. Take care, Jason
Hello Jason, Thanks so much for all you do. I am a dependent on my husband’s asylum case. We have been waiting for 4 years invain for an interview. I have 5 siblings who are US citizens already. Can one of them petition for me? Waiting for my husband’s case has been very traumatic. Thanks again
They can petition for you, but the wait time is usually 13+ years (Google “DOS visa bulletin” to see this). Maybe you want to have them file the I-130 so that it is pending as a plan B. Also, even if they do that, and you wait the 13+ years for a GC to become available, you would most likely need to leave the US to get the GC. I wrote about this on August 28, 2018 and September 6, 2018 if you are interested. Take care, Jason
Hi Jason,After waiting 8 years finally my individual hearing was done in Newyork.But after the interview judge didn’t give any result because she need more time to see whole documents.Now what do you think it will be positive or negative?
There is no way to predict and you will just have to wait for a decision. Good luck, Jason