It is the job of a lawyer to learn about your situation and then advise you of your options. You want to know, “If I do X, what will happen?” In many areas of the law, attorneys can provide this type of advice. If you rob a bank and get caught, you will go to jail. If you sign a contract and then breach your agreement, you will be liable for damages. If you fail to pay taxes, you will face criminal and civil penalties.
But in immigration law–and particularly in asylum law–it is often impossible to provide precise advice. The unfortunate fact is that asylum seekers must live with significant uncertainty.
There are really two distinct problem areas: Asylum law and asylum procedure.
The bigger problems for most asylum seekers are procedural. People want to know how long their case will take, when will they receive (or renew) their Employment Authorization Document (EAD), what happens if they need to travel while the asylum case is pending, and if they receive asylum, how long do they have to wait to bring relatives to the U.S. or get a Green Card. From the perspective of a lawyer, these questions are difficult or impossible to answer because time frames are almost completely unpredictable.
Why is this so? The basic problem is mathematical–there are too many asylum applicants and not enough resources to properly deal with their cases. The U.S. government has used its limited resources to try to address the range of difficulties affecting asylum seekers, with varying degrees of success.
In terms of affirmative asylum cases, under the current system, which is called LIFO or last-in, first-out, the Asylum Office gives priority to new cases. Under LIFO, if you file a case today, you have priority over someone else who filed years ago and who still has not received an interview. However, because of other priorities (i.e., the border), very few new cases are being interviewed, and whether or not you get an interview is random. In other words, the Asylum Office does not care whether you have a lawyer or whether you have a strong case or are separated from family members. If they have an interview slot, they will randomly choose a “new” case to be interviewed. For this reason, when you file a case, you should be prepared for a “fast” interview (within a few months after filing), just in case you are one of the very few people who receive an interview in that time frame.
If you do not receive an interview in the first several months after filing, there is no way to predict when you might be interviewed. We do not know whether the Asylum Offices will interview backlogged cases from oldest to newest or from newest to oldest, or whether they will just randomly choose cases from the backlog (which currently stands at nearly 800,000 cases). You can try to expedite your case, but most such attempts are not successful, and while it helps to have a strong reason to expedite, whether a particular expedite request will succeed or not seems (to me at least) mostly dependent on luck.
If you have a case in Immigration Court, the timing is unpredictable in different ways, which seem to vary from court to court (there are currently more than 2 million cases pending in our nation’s Immigration Courts). In some locations (like where I live), many new Immigration Judges have been hired, and the courts have randomly advanced hundreds of cases, often without sufficient notice or regard for attorney availability. In other locations, there has not yet been an influx of new judges, and cases are moving slowly. And of course, there is the problem of cases being randomly canceled, sometimes at the last minute, which adds yet another layer of unpredictability to the whole process (though to be fair, this problem seems less prevalent than it used to be).
Aside from the courts and the Asylum Offices, wait times for many other associated applications–including Advance Parole to travel, EADs, Green Cards, Refugee Travel Documents, and follow-to-join petitions for asylee relatives–are also highly unpredictable, and usually quite long–you can check estimated processing times for some of these applications at the USCIS website, but be aware that these “estimates” are often not very accurate. It may be possible to expedite some such cases, but again, results are inconsistent and unpredictable.
One area where we have seen improvement is the initial EAD, where wait times have been reduced to (usually) one or two months. Of course, that did not happen voluntarily–it required a lawsuit against USCIS to force the agency to abide by existing regulations. We have also had an improvement of sorts for EAD renewals. Now, as long as you file to renew before your existing EAD card expires, you receive an automatic 540-day extension of the old card, which is usually enough time to get a new card without any gaps in employment eligibility.
Besides procedural unpredictability, the substantive law of asylum can also be unpredictable. The law changes when one Administration tightens or relaxes the rules, or when various federal courts issue decisions. These changes are fairly frequent and often have a substantive effect on asylum eligibility. Because we cannot know in advance what changes will occur, it is sometimes difficult to evaluate an individual applicant’s likelihood of success. Also, sometimes the law changes while a case is pending, and so a strong case becomes weaker or vice versa.
Aside from changes to the law, the Immigration Judge or Asylum Officer who decides your case makes a difference in how the law is interpreted, which can have a big effect on whether a case is approved or denied. While most decision-makers are reasonable, middle-of-the-road types, some are “easy” and others are quite “hard.” If you happen to land on the wrong adjudicator, even a strong case can get denied. If you have an Immigration Court case, you can learn about your judge’s grant rate here (newer judges are not listed). For Asylum Office cases, you will not know who will decide your case until you arrive at the interview. Again, all this makes predicting outcomes very difficult.
The unpredictable nature of asylum, the many unknowns, and the long delays all add up to create an extremely stressful process for most people (I have written a bit about ways to cope here). We can hope that the U.S. will one day be able to get a handle on asylum cases and start to improve the system. Until then, perhaps knowing about these problems as you move through the process will make the experience more bearable.
Hello Jason,
Thanks a lot for your crucial contribution to the immigrant community!
I have been on a pending affirmative asylum status in U.S for over 6.5 years since 2016.
I filed my asylum case 2 weeks after my I -94 admitted status date expired. I have been working as a health care professional in U.S for over 5 years. Waiting in limbo for a long time in a very complicated and backlogged U.S asylum system was unbearable! Recently, I applied for and got Australian Permanent Skilled Visa. I am planning to move to Australia as a skilled permanent resident and withdraw my asylum case in U.S
once I arrived there.
Will this affect my future probability of getting a U.S visa for work purpose or visiting my relatives?
Would you please explain in detail the likely outcomes if I apply for any kind of U.S visa in the future?
Keep up the good work!
Thanks!
First, I wrote about withdrawing the case on December 7, 2022. It is important to properly withdraw the case, or it could have negative immigration consequences. Assuming you properly withdraw and have no other issues, there should not be any problem to get a work visa in the US. Most such visas are “dual intent”, meaning that they do not care whether you have an intent to remain permanently, and so they should not care that you filed for asylum in the past (and attempted to remain here permanently). Some other visas may be affected, for example, an F-1 visa, but given your future status in Australia, I imagine you would have a good chance to get such a visa and return here. Of course, you can talk to a lawyer about the specifics of your case to know for sure. Take care, Jason
Hi Jason,
I filed for my father. My father’s case is Documentarily Qualified on November 2022 by the NVC, so we requested our lawyer to file an expedite request for my father who is sick.
My attorney says an expedited interview request is only available once an interview is available to be scheduled. we are still waiting for your father’s interview to be available for scheduling, at which point we will be able to request an expedited review.
My attorney’s message confused me. Does my attorney mean he will request an expedite request once US Consulate scheduled the interview for him?. Please elaborate to me what exactly he means. i am very confused.
I did not petition for my siblings for an interview to be available. I look forward to your quick reply.
Many Thanks
I do not know about this and I think you need to ask the lawyer what he means. I do not do much consular work, but I think you can try to expedite such cases. I just think such requests often do not work, and they will not expedite. Take care, Jason
I submitted i-765 c(8) application to uscis (Texas Service center) to this address USCIS Attn: I-765 C08 P.O. Box 650888 Dallas, TX 75265-0888 . Its been 2 months no receipt has come. And i also dont have the tracking details. I didnt use tracking service. I sent it by normal mail. What should i do . Should i call uscis . Can they help me. If i call uscis contact center, can they look up my application with my A-number
That looks like the right address. It is better to send these by certified mail or file online. You can try calling (800-375-5283), but it is very difficult to reach a person. The receipt is late, but not super late. Maybe wait a few more weeks (if your current EAD is still valid – you have to file before it expires) and if there is no news, file a new I-765, preferably online, and try to include an explanation about what happened – that you filed previously, but you do not know whether it was received. Take care, Jason
When i filed work permit after waiting 180 days. I got copies of my asylum receipt and i applied work permit. But the copied look different that original document. The font of printer/scanner was different and copies came little different in font and look little different but all the receipt number and other stuff on receipt look same. Can this be a issue while adjudicating i-765 or result in denial. Just by looking at it uscis could think its a fake receipt but its real only thing is bcuz of font it looks different.
I am not sure what you mean by “different,” but if it is a legitimate copy and contains your receipt numbers, you should be fine. Take care, Jason
Hi Jason,
Thank you for the article. I had an interview recently. And since I’m also a TPS holder, the officer told me that there would be 2 options after the interview: approval or denial. He said that I could also reply (appeal?) to denial letter within 10 days. I’m not sure what did he mean by that and I can’t find any relevant information. Could you explain that “reply/appeal” option please. Thanks
P.s.: also he was rushing through the interview, because he was trying to finish it before 3 pm, so it took under 2,5 h. I don’t think he was even listening to me or the interpreter, didn’t want to hear any details (just replying “I already forgot what you said (30 seconds ago), “I read what you wrote”, “I know, don’t tell me about it” so it made me feel really uncomfortable. Do you think in case of denial I could ask for another interview with a different officer?
I would make a note of the things the officer said, as they do seem problematic. If the case is denied, you can file a motion/request to reconsider, and maybe that is what he was referring to. They rarely work, but you basically argue that the officer made a mistake and explain why, On occasion, they do work, but it depends on the case and if you want to try that, maybe talk to a lawyer for help, as they often hinge on legal issues. Take care, Jason
Hi Jason thank you for your help I have a question I submitted my I-730 for my family and I checked my case status and I notice was sent to me asking for initial evidence , my question is what can be the initial evidence they are asking for.
You will have to wait and see, but one common piece of evidence they ask for is a birth certificate that was created at the time a child was born. These often do not exist, and so it is annoying. In any event, if you do not have that and cannot get it, they will list some alternatives. Anyway, once you get the letter, you will see exactly what is needed. Take care, Jason
Hi Great,
I’m in the same situation since May 2023. The fact is that I never received any RFE notice by mail from USCIS (even though a message in my online account is clear that RFE was sent to me). I had to submit and e-request and I never got the reply they promised by 7/5. I sent them a mail to request a copy, no update until now. I have been asking what initial evidence USCIS needed, but no answer since then. Seems really confusing and I’m curious what is behind that.
I think they are just a mess and you may need to make another e-request. Also, make sure that they have your most recent address if you moved since the time you filed the case. Take care, Jason
Is it mandatory to write A/number and name om back of photos for i-765. I submitted my application but i didnt write A-number and name in the back. Im worried my EAD will be denied. A immigration consultant told me dont write name in back. Will this result in denial
I do not know. Hopefully, it will have no effect, as it seems completely unnecessary. I think you will have to wait to see how they respond. I guess you could try sending new photos, but I do not know that it is worth the trouble or that they will be able to match the photos with your pending application. Take care, Jason
filed i-765 c(8) online . When i check my account on my uscis account .in i-765 online there is an option for unsolicited evidence. I forgot some stuff to include in i-765 application. Now can i add that evidence by unsolicited evidence or no.
You can submit it through the online account, yes. Take care, Jason
Hi Jason, thanks for the help you render us.
I have a friend who is in a dilemma. She applied for asylum in 2017 and is waiting for an interview. She wants to travel to a third country to visit her ailing mom. She is planning on applying for an AP.
before she filed for asylum, she had worked without authorization and had lied on her I9 that she was a citizen. Her worry is that they will deny her AP based on that or not let her back in on her way back(if they approve the AP)
Should she go ahead and apply or give up? Thanks
Your friend is in much bigger trouble I am afraid…
I think she would likely be able to get AP (assuming she can show a “humanitarian” reason for the travel) and if she gets it, she should be able to re-enter the US. That said, the false claim of US citizenship is a serious problem for purposes of immigration, and if USCIS figures out that she made this claim, it could affect her eligibility for AP. I do think it is unlikely that they will know about this claim, as it is not a question on the I-131 (the AP form) and I do not think they will check the I-9 records. Of course, I am not sure, and she may want to hire a lawyer to look into this before she files, but given that USCIS has not yet concluded that she made a false claim to citizenship, I expect she will probably get AP. The false claim could also affect eligibility for asylum, and so she may want to talk to a lawyer about that as well. Take care, Jason
AP is not easy to get a now a days I applied back in June 2021 and still waiting for the response, even put the inquiry why it’s taking time, got a automated response that you’re next in line for processing and but nothing changed, USCIC is too fast in one thing which is deducting the fees which is over $600 for AP and they deduct right after they receive your application which really doesn’t make any sense, but no one can ask them.
Now a days from asylum interviews to travel documents all are very delayed. Btw filed asylum back in 2016 and still waiting for interview
It is very delayed and also, it is not easy to get AP since you need a “humanitarian” reason for the travel. Take care, Jason
That’s even doesn’t work, applied in June 2021 and then in January 2022 my biological sister died due to heart attack and sent expedite request with the death certificate to attend the funeral but nothing happens and instead received below response.
Quote
We do not believe, based on a review of your request, that your case meets one or more of the expedite criteria and otherwise merits expedited processing. We review all expedite requests on a case-by-case basis, and we grant them at the discretion of the director. Information regarding the USCIS expedite policy, including the expedite criteria
Un quote
What other reason they required it’s so frustrating
It is a disgrace, but it is also common. USCIS has a long way to go before it is operating properly, and I doubt we will see significant improvement any time soon. Take care, Jason
So let me see if I’m understanding this correctly- you can pay $600+ for an AP document, and because it’s rarely granted, all your money would be flushed down the drain? If so, why ask someone to pay over $600, which is ridiculous by itself, for a document that they have a very low chance of getting? Isn’t that what a morally bankrupt institution or person would do?
AP is not always denied, but sometimes it is. I agree that you should be able to get AP as a matter of course, but you have to show a “humanitarian” reason for AP in order to get it. Take care, Jason
Hi Jason, during naturization does the officer go through your asylum applucation papeework or they just review your n400 form only? Thank you for all you do
They could review your asylum case, and so it is important that the information on your N-400 is consistent with your asylum form (I-589) and your I-485. They normally would not re-litigate the asylum case, though, and it is very rare that they would ask detailed questions about the asylum case. Take care, Jason
Jason, thank you for your response to Happy’s question. I have worked with a non-profit in NYC for several years. This organization helps asylum applicants, asylum seekers, and asylees mostly. I have seen-or heard of- where the officer has relitigated the asylum cases of 4 people at the N-400 interview. The cases were relitigated because of inconsistencies between and among applications (including visa applications), changed personal conditions from when asylum was granted (like an LGBT person having a child with the opposite sex after claiming asylum as a gay man), etc. If you lied on any application for any US immigration benefit, including visa applications, and if there are any inconsistencies/anything to cast doubt on your asylum claim (including how you live your life since you were granted asylum up until your citizenship interview), you must consult an experienced immigration lawyer as your N-4000 application can held up or denied. However, if you don’t have any criminal issues, no travel issues, and nothing I aforementioned applies to you, your N-400 should be approved.
Thank you – I have seen cases where the N-400 was significantly inconsistent with prior applications and it certainly can lead to the USCIS officer questioning your case, which can in turn lead to worse problems (potential loss of status and removal). Hopefully, I did not give the impression that this was not a risk – if an N-400 case is not consistent with prior applications, you have to be very careful, as it could cause problems. Take care, Jason
Jason, my response was to say that it does happen more frequently that we think. Some officers do review your entire immigration history, including your asylum application/notes (some officers are tougher than some). Like you said, they look for consistency. And applicants should carefully review EVERY single applications that they send to the US government. In fact, if they are not sure/can’t remember certain things, they should do an FOIA request.
I agree – think filing the FOIA is a good idea if you do not have copies of the old documents and are not sure what you said in the old forms. Take care, Jason
Hi Jason,
Hope you’re doing great. I have applied for Refugee travel document 5 months ago. I see on the USCIS website that it says it takes 17 months to process. I have urgent need to travel to 3rd country ( not COP) to visit my family member where they’re going for treatment. How can i submit my request to expedite? Do i need to attach these medical documents beforehand or should i call USCIS first and raise a request to expedite?
How likely they would accept my request or should I check with congressman office if they can help me?
Please guide me I really need to travel.
Thanks
You can attach the evidence when you file the case initially. If you have already filed, you can try to submit it online if you have a USCIS account. You can also call USCIS at 800-375-5283. If you can reach someone, you can explain the situation and ask about submitting evidence. Unfortunately, it is very difficult to get their attention, but if you can, maybe it is possible to expedite sometimes. Good luck, Jason
I applied i-765 with expired and water damaged passport with visa copy of b2 visa. I dont have other id. Can i still get i-765 work permit asylum pending based
You should be able to. If USCIS does not like the evidence you presented, they will ask for more – you will have to wait and see. Take care, Jason
Hi,
I am a US citizen. I want to sponsor my mother for tourist visa. My last name and hers don’t match. I don’t have any document like birth certificate to show the relationship.
Is it a problem to have different last names?
How to resolve it?
Thanks
You will need some evidence about the relationship – the birth certificate is the best evidence. You could also do a DNA test – you would have to Google around to find a reputable company to do the test; I do not know if there is info about this on the USCIS website, but you could look there as well. Take care, Jason
Hello Sir i hope you are doing well. When i applied work permit after waiting 150 after uscis issued receipt. In application documents i sent biometrics notice but it was black and white bcuz it was photo copy. But as you know the stamp they put on biometrics notice is red in color jut since its a photocopy its black and white will this cause any issues when adjudicating i-765. Thanks
It all sounds normal to me, so I think you are fine. Take care, Jason
Hi Jason,
My wife and 2yr old kid got Canadian visa. I am thinking that once she reaches Canada, she will cross the border to join me in USA. They are dependents in my case.
1- If she crosses the border and does not submit herself to USA Border Patrol and reaches to the city I live in.
a) Does she have to have her own case or she can be still be counted as my dependent?
b) If she is counted as my dependent, can she get EAD and most importantly, will they have a path to G.C and citizenship if asylum is granted to me? Keeping in mind that they entered illegally?
2- If she crosses the border and submits to border agents:
a) Can she state my case as foundation for the credible fear interview? Or she should have her own case?
3- Can a person entering illegally to USA, get G.C and citizenship?
Thanks
1a – A person who enters illegally could join an existing case as a dependent. 1b – A person who enters illegally would be eligible for an EAD at the same time as the principal, and so if the principal has an EAD already, the dependent could apply immediately. 2a – A person who enters from Canada is probably not eligible to seek asylum in the US due to the Safe Third Country Agreement between the US and Canada. She would normally be required to seek asylum in Canada and would likely be returned to Canada. There may be exceptions to this rule, but I am not sure and she should talk to a lawyer about that. 3 – Yes, if they get asylum. Take care, Jason
hello Jason.
i asked you few days ago about what are my options as i been waiting on decision for my i-485 as it’s been 54 days now after USCIS received my RFE (MEDICALS) and still no decision yet so i wanted to expedite by calling them, but info pass doesn’t work anymore so do you know how can i reach to live agent on phone?
Thanks,
I wrote about expediting in general on January 29, 2020, but one way is to call them at 800-375-5283. It is very difficult to reach someone, and unless you have a reason to expedite, they will not do it (and even if you do have a reason, they are unlikely to do it). Anyway, you can try. You can also try through your Congress person. You can find your Congress person if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
Hello Jason,
To request an expedited interview (affirmative asylum pending interview case).
a) what does “communication from relatives” mean? do they have to write about dangers/risk my family is facing? can they write about the mental heath issues my family is facing? should this communication be addressed to USCIS or is it an informal communication they have had with me to let me know what is happening back home.
b) Can it be any mode of communication like, through social media channels (Whatsapp or other text or voice messages) or email?
c) In one of your articles you have mentioned “If you have a U.S. citizen friend (or church group or other group) who can make this request (expedite) for you, it may be more effective”. In the expedite form (Arlington office), the options for “requested by” are applicant or Attorney. My question is how can a US citizen submit the request on my behalf, if their is no option for a US citizen (other than applicant/attorney)?.
Thank you.
a – I am not sure what you mean. If your family member has a physical or mental health problem, that could sometimes be used to help expedite a case. I wrote about that on March 23, 2022. b – We normally get a letter signed by the relative with a photo ID and proof of the medical or other issue. c – I think that refers to contacting your representative in Congress. You can find your Congress person if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
I have a question regarding social security card. I already received work permit issued by uscis. I guess now the clock thing is not applicable anymore or is it ?applied after 150 days received my work permit on 182 nd day. But my landlord kicked me out . I am now getting my social security card mailed at new address. Will this asylum clock has any effect on ssn production or can i get it mailed at any address. Or will they refuse my ssn or does ead clock even exist anymore after 180 days
Once the clock reaches 180 days, you no longer have to worry about it, as it has no effect. You can continue to renew your work permit when you need to, and you should get the SSN normally, assuming they have your new address. Do not forget to update your address – if your case is at the Asylum Office, use form AR-11, available at http://www.uscis.gov. Take care, Jason
Thanks Jason for the good work by having this forum where we can have our questions and queries answered and keep up the Good work 👍👍. Just a quick question. I applied i765 asylum pending based c(8) inital Monday that was 17th July. How long do i wait for receipt of work permit application. Is there delay of receipts for work permits like when i applied asylum in dec 2022 my receipt from uscis came after 2 months. Right now are i-765 work permit initial asylum pending receipts getting delayed ? Or when can i expect to get my receipt thanks
The majority of initial c-8 work permits are arriving within a month or two, but not always. Receipts take a couple weeks, so you should get that soon, and then hopefully, the work permit will arrive soon after that. Take care, Jason
Hello Jason I live in Salt Lake City and i applied asylum and was refused by asylum office uscis . I used to live in san francisco then moved my case to Salt Lake city and my case moved to Texas Asylum office from San Francisco asylum office. Now after denial referral to court i have my master hearing in 2 months. But i moved to New york now. Can i get immigration judge to move my case my motion to change venue to new york . And will immigration judge allow it
That should be no problem – you have to file a change of address (form EOIR-33) and you (or–hopefully–your lawyer) can file a motion to change venue. If the motion is not granted, you must appear at the Master Hearing (sometimes you can appear by Webex), but normally, judges grant motions to change venue. Take care, Jason
Hi Jason.
Thank you for all the efforts towards asylum seekers.
This article is an overview of asylum seekers anxious and never ending hardship. A very long and
unpredictable process in terms of time and outcomes, which extends beyond decade and put a significant strain on asylum seekers mental health and overall well being.
Applicants who are not lucky enough to be interviewed early may wait nearly a decade to be granted or denied. Many forcibly abandoned kids, wives and family behind. Even though granted, they wait a year to apply for a green card which take another 03 years to be provided. If they submit family reunification petition, it looks like another asylum application, that will take an uncertain number of years to be adjudicated. Almost all may not be able to meet their love one even in third party country because Travel Document will take more than a year to be provided, and will only be valid for 12 months, and not all countries accept Refugee Travel Document.
During this absurd process which last about 12 -15 years for many, life is in limbo, family members pass away, some applicants too, some fall sick, even life energy has been consumed by anxiety , court hearings, life struggles, low wage work, fees, bills and most importantly aging. By this time, some start questioning and may be understanding the system, asking without answers if they made the right choice by escaping COP and searching survival just to stay alive to wait and wait without living.
Very well put @REFLEXION
It’s true , the sufferings are real and they happen.
People die , loved ones die But I do believe it’s not all because of Asylum .
This is life and life happens , things happens in life and what ever is happening was meant to happen with or without asylum.
We do get sick but not necessarily because of Asylum , it’s nature everything happens.
Yes the pain inflicted by these delays and uncertainty are no doubt damaging but other then that all of the things happen naturally in life you can’t control that.
Unfortunately, I think you are completely right, and I have seen many of my clients and other asylum seekers suffering in this way. The article I reference at the end (from January 9, 2018) provides some thoughts about dealing with the long delay. My clients who seem to do the best are those who can take classes, work or somehow move forward with their lives, to the extent that is possible (and it is certainly easier for those not separated from family). At least they feel that they have some control over what is happening, even though they are stuck waiting and waiting. Take care, Jason
Hi Jason,
I have a quick question regarding legal immigration status! is granted immigration status considered as legal immigration status? Would be possible to apply for adjustment of status like DV lottery if you’re granted asylum status?
What do you mean by “granted immigration status”? Asylum status is considered lawful status. Pending asylum application, however, just merely means that you are allowed to stay while your application for asylum is being reviewed. Theoretically speaking, I’d imagine that you can apply to adjust your status as an asylee- someone who has been granted asylum- under the DV lottery. However, realistically, the chance of you getting selected would be extremely low since you’re already in the US with a lawful status- and you already have a path to lawful permanent resident.
Why would you apply for DV lottery GC if you already have asylum status? You should bear in mind that immigration laws make provisions for asylees to be exempted from certain immigration violations that are not otherwise available to other I-485 categories (overstaying your visa, for example). In addition, the one-year physical presence would no longer apply to you; hence, you would have to wait the full five years- or 4 years and 9 months- before you are eligible to apply for citizenship.
By the way, I am not Jason. He should respond soon.
If you have asylum status (meaning asylum was granted), you are in a lawful status and are eligible to get a GC, normally, just by filing based on asylum, but I guess you could also get it through the DV lottery or any other way. Take care, Jason
Hello Jason,
I have pending asylum case with asylum office. My husband sponsored me for green card and I got my conditional GC( two years green card). Should I withdraw my asylum case or wait after got my ten years green card? I think because i have conditional green card I am not eligible for asylum anymore even though i have strong asylum case is not it?
Thanks
You are still eligible (some people with a GC need asylum to bring family members or get a travel document), but at this stage, unless you want asylum for one of those reasons, or if you expect that your marriage won’t work and you will not be able to get the 10 year GC, you might as well withdraw the asylum case. I wrote about withdrawing on December 7, 2022, and that will tell you how to do it if you need an idea. Take care, Jason
Hi Jason
I filed AOS on January 2023 and all were received within same month with i-693, i-131 and i-765 together based on granted asylum. Yesterday, on July 19th, i got an update for approval and “card was being produced” notice for i-765, 6 months later than filling date. The rest cases are still same “finger print was taken” no update yet. Can we get this sign like NBC(processing center) is getting accelerated? Do you think, at least getting take an action on my case whether it is only for i-765 may spark off and make it speed up my whole AOS application ? 😀
Hi LEVY,
Congratulations . You are among the luckiest ones to get your cases timely adjudicated. Seems like your asylum based AOS took only 7 months
QUESTIONS: Please Can you share when you were granted asylum? Has it been 1 year since you were granted asylum to be eligible to AOS ? Seems like rules changed.
Hi Hope
Thank you for your kind wishes, i wish same happens to you. One more update i got today (1 day later) travel document approval as well. I m not sure GC will follow it or not we will see. My time line is like that ; we got (family with 3 kids 2 parents) granted (since 2017 August was pending) on november 14th 2021. AOS submitted with medical including by January 21 2023 ( there was 1 year wait time rule at that time but i think this rule not valid anymore). I hope all the best for you. Do not give up hoping like your tag name🥰
I do not know – sometimes, I-485 cases go quickly (by USCIS standards), but most asylee I-485 cases take over 2 years. Whether the progress so far is a positive sign for the I-485, I really do not know. Hopefully. Take care, Jason
Hi Jason ,
Very thoughtful words of yours as you always try to highlight the pain and sufferings of people who are here just to for the relief and help.
My few thoughts on asylum seeker:
There are double persecutions and harm asylum seeker face.
1. The first one is their home country where they face torture , harm , persecution.
2. The second one is when they apply for asylum the same people face a long journey of torture , sickness, troubles , delays, rejections , uncertainty.
Turns out the second type of harm causes much more damage and misery than the first one.
Thanks
I have observed this as well, and I think in some (or many) cases, the harm caused by the asylum process is more damaging than the harm caused in the home country. Take care, Jason
Jason, I think the reason it appears more damaging is because its compounding the trauma.
I normally don’t comment. However, while I agree with @Jason about the damage our asylum system produced. I am not sure if it’s really more than the original harm that drives asylum seekers to flee their homes.
Because of the heavy criticism levied against our asylum system, people like @DANZ could think that the harm done by the asylum system is more than the harm done by the persecutors…well….to people like this, I would like to ask: if asylum system did so much more harm then why don’t you just go back ? I am sure travel document and flight ticket is not that hard to obtain ?
I feel like we really need to change the narrative when we talk about asylum system…they are doing the right, but incompetent, imperfect thing, yet I feel the media and other advocacy organizations place almost 95% of the criticism on them. But the persecutors, who are doing the wrong thing, receive little to no criticism…This I feel is… a little …. unfair ? if that makes sense ? Why the real evil is not criticized but the incompetent savior is receiving all the criticism…
Am I right in having this opinion about media narrative about asylum system ?
My friend @comment,
You are missing the whole point & context here about the sufferings after the asylum case is submitted and the whole purpose of Asylum.
It’s not that simple to get the ticket and go back,
It’s just like saying go back to your mothers tummy from where you got birth lolzzz.
You are not in the shoes of people who are waiting for their cases to be decided and what they are going through after going through enough in their home country.
Why don’t you go to the country of their persecution , get persecuted then come back and apply for fresh asylum? Unless you don’t go through and feel each step of process you cannot really just give one high level state like
“Oh go take tickets and documents and go back …”
I mean you said the damage by asylum system is more than the persecutor…so…assuming u r a rational human being…u would take the less damage ? Which is to go back ?
This is obviously a valid point. However, many asylum seekers have not been harmed at home; they just fear future harm. Also, the harm caused by the delay and uncertainty is on top of the harm they already suffered, including being forced to leave their home. Finally, we have made a commitment to asylum seekers. We did not have to do that, and we could change the commitment, but since we have made the commitment, we have a responsibility to fulfill our duty. That said, the persecutors are the first cause of this harm, and our inept system does not absolve them in any way. Take care, Jason
You are spot on Jason , this is exactly the point when we make a commitment then why not to fulfill that commitment with responsibility instead of exerting further hassles and problems to the people who are already broken from so many avenues… with scars and pain
Thank you for the article, reading your blogs and other people’s comments here helps my anxiety.
Last year a lot of us went through hell trying to renew our EADs, then automatic 540-day extension rule was implemented, but I recently read that it will be in effect until October 2023. All EAD renewals filed after October 2023 will have 180 days extension again, but renewal times on uscis website are awful, some of the offices are still processing ead renewals for 14 months. Is there a chance that 540 days rule will be extended maybe till 2024/2025?
I have not heard that, and I hope it is not correct. I did hear a rumor from a higher-up at USCIS that the EAD will be pegged to the asylum case itself, and so renewals will no longer be needed. I heard this a few months ago, but so far, nothing has happened, but I keep hoping for that. Take care, Jason
That wouldn’t have been such a relief for all pending asylum cases, but I doubt at this point USCIS will implement anything to help us, they could at least extend EAD’s expiration date to 3-4 years or allow people to apply 12 months before expiration.
Unfortunately, 540 days extension is until October 2023 – ‘If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply’, link: https://www.uscis.gov/eadautoextend.
Thanks – I had not seen that (or maybe I willfully ignored it). Given the slow processing times, I am guessing that they will extend the 540-day policy, but USCIS is not very reliable, and so we will have to wait and see. Take care, Jason
Hey there, thank you once again for the excellent article.
I completely agree with the points you’ve made in the article, especially regarding the issue of expedite requests being disregarded. I can personally attest to facing a medical emergency with all the necessary documentation from my doctor, yet my office has rejected my expedite request.
Even after I decided to reach out to the Ombudsman for help, it’s been like talking to a brick wall. They’ve totally ghosted me, and it’s disheartening to feel ignored and dismissed.
And you know what? This is not just a one-off issue. I’ve been talking to other people online, and it seems like many of them have faced the same disappointing treatment. It’s like we’re all stuck in this frustrating loop, desperately seeking help but getting nowhere.
Your article truly hit the nail on the head, and it’s comforting to know that others out there understand what we’re going through. Let’s hope this gets better, and our voices are heard soon!
We have been lobbying Congress for help with the affirmative asylum backlog, and they are sympathetic, but there is little they can do. I feel like unless they can get a lot more money (unlikely), USCIS needs to be much more creative, and they seem unwilling to do that. Take care, Jason