In a recent letter to USCIS, 61 members of Congress have expressed their “concern” about delays at our nation’s Asylum Offices. The letter calls on USCIS to prioritize the oldest cases for interviews and asks a number of pointed questions about the reasons behind the agency’s interminable delays.
Anyone familiar with the asylum system knows why this letter was necessary–approximately 800,000 cases (representing well over 1 million people) are stuck in the affirmative asylum backlog. More than 180,000 of these cases have been pending for five years or more, and some applicants have been waiting for their interview since 2015 with no real prospect of being interviewed any time soon.
This is not the first time Congress has inquired about the backlog. In September 2021, forty Representatives wrote to USCIS about the same problem. Unfortunately, USCIS did nothing and since then, the number of cases in the backlog has almost doubled. So now Congress has sent a follow-up letter.
The letter, which is addressed to DHS Secretary Alejandro Mayorkas and USCIS Director Ur Jaddou, first makes two suggestions that each of the nation’s Asylum Offices should implement by August 18, 2023: (1) “Commit to designating asylum officers to work ‘back to front’ to address the backlog, giving those asylum seekers moved to the back of the line by the 2018 change to LIFO [last-in, first-out] the opportunity to receive more timely decisions in their cases,” and (2) “Commit to a five-year ‘cutoff period,’ after which time a pending application is moved to the front of the line, ensuring that applicants will not wait decades for an interview.” If implemented, these changes would provide relief to the longest-waiting asylum seekers. Unfortunately, however, these ideas are “suggestions” for the Asylum Office and not requirements, and so I would not be surprised if USCIS ignores them (again).
The letter also asks seven questions about operations at the Asylum Offices, and these will be harder for the agency to ignore. Assuming USCIS answers, we will have a better understanding of how the agency is addressing the backlog in each Asylum Office (since policies vary from one office to the next). The questions ask about how the Asylum Offices are handling 5+ year old cases, how many officers are devoted to adjudicating these cases, and how many such cases have been decided during the prior fiscal year. USCIS may or may not have data about 5+ year old cases, but they certainly should have information about what resources are being devoted to older cases at each office, and this would be helpful to know.
More than the specific content itself, the fact that this letter was sent is important because it shows that members of Congress are interested in what happens at the Asylum Offices, and that someone is paying attention. This is significant, as the affirmative asylum backlog has long been a hidden immigration crisis, and shedding light on the situation will hopefully push USCIS to do better.
Finally, it is important to understand a bit about the process that led to this letter. Congress did not simply act on its own. A number of agencies, advocates, and–most impactfully–asylum seekers lobbied Congress to make it happen.
I attended several of the meetings where we spoke to Congressional staff about the affirmative asylum backlog. The asylum seekers in our group (all of whom are torture survivors) explained why they needed protection and how the very long delays were harming them. It is one thing to hear about this harm academically, but quite another to sit in the same room as a person who has been waiting 6, 7, 8 years or longer for an asylum interview. Some asylum seekers were barely able to speak, as the pain caused by the delay and of missing family members was too much. Their stories of surviving persecution, escaping to America, and then getting stuck in the never-ending backlog were powerful and clearly affected the Congressional staff (and all of us in the room). Their effectiveness shows the power of stories and led directly to 61 members of Congress signing on to our letter.
Also important in this effort were a number of torture survivor organizations that endorsed the letter and worked to garner support. Led by the Torture Abolition and Survivors Support Coalition (TASSC), which has been working on this issue for 2+ years, the contributing groups were the National Consortium of Torture Treatment Programs (NCTTP), RIF Asylum Support-NYC (New York City), the National Immigrant Justice Center, Maryknoll Office for Global Concerns, Africa Faith and Justice Network, the DC Center for the LGBT Community, and the Common League of the Uganda Diaspora (CLOUD). Special thanks also to the Congressional offices that took a lead on this issue: Representatives Mark Pocan (Wisconsin), Jerry Nadler (New York), Ritchie Torres (New York), and Pramila Jayapal (Washington).
The effort of many people went into this letter, and now we will wait to see how USCIS responds. Hopefully, the agency will offer some relief to the longest-waiting applicants and give us a better idea about what is (and is not) happening at the nation’s Asylum Offices.
[…] data where we can. This isn’t easy, but recently–as a result of my involvement in some Congressional lobbying efforts–I came across information about the Asylum Office that I thought I would share […]
Hi Jason,
I applied for asylum in 09/2016, got my interview in 08/2023 after case was expidited. It has been more than 6 months I have not received the decision. My interview went well and the officer told me that I will get my decision in mail in two weeks. I inquired about the decision from the Houston asylum office and they told me to check back in couple weeks. I went to the office 6 times and they told me the same thing. In this last visit they told me that the case is pending due to background check.
I did some research on the FOIA, I came up with an idea to file for FOIA and then inquire through the congressman. Do you think this is the better option for me?
Or How should I approach this case, should I file a lawsuit against the agency.
Your help is appreciated.
Thanks
I did a post on June 2, 2021 that may give you some ideas. A 6+ month wait is pretty normal (unfortunately), and so I doubt the wait is anything unusual. I do think it is unfortunately when Asylum Officers tell people that they will wait only a short time, as the officers really do not know and those estimates are usually very wrong. It is better to not say anything than to give wrong information. In any event, you can try the FOIA also, and if all else fails, you can do a mandamus lawsuit. We wrote more about that on October 2, 2018. Take care, Jason
Hello Jason. I am I the case as a dependent and waiting for asylum interview 8.5 years. I am Ukrainian and I also received TPS. It gives me opportunity to try to apply for work visa which possibly will bring me to permanent status in the future. But I was told that it is a necessary to do re-entry to USA for that. So, I need to receive advance parole and temporary passport under the program TPS. So, do I need to be excluded from political asylum case? Or if not, do I need to receive some additional permission for re-entry to USA under political asylum program? How much risky it is to do this re-entry to USA? Thank you
i am not sure I understand why you would need to re-enter the US, unless maybe your first entry was not lawful. In any event, if you plan to leave the US, talk to a lawyer to see if it is necessary to leave and whether that will help you in any way, and also, whether you can return to the US. If you have valid AP, you should be able to return with no problem, and the trip should have no effect on your asylum case, unless you go to Ukraine. Take care, Jason
Hi Jason! Any news/ comment/ statement from USCIS regarding this letter? Their deadline was today lol.
No news (shocking, I know). But to be fair, the letter was revised a few times and then sent later than planned, but the deadline was not changed, so in effect, Congress gave them little time to respond. I do expect a response, but maybe not for a couple weeks. Take care, Jason
Hello Jason,
Typical of uscis, inefficient, no accountability, 8weeks after and no reply is forthcoming, really wonder what exactly they do…
I have not been involved in that part, but I imagine the lobbying groups will follow up with Congress. But yes, typical. Take care, Jason
Hello Jason,
if a derivative under asylum files for divorce before asylum was granted, can he visit the usa to see kids , would that count against the individual, life happens and husband intends to return to home country but still have opportunity to see kids.
If he can convince the embassy that he will not remain in the US and violate the requirements of the visa. Note that for some types of visas, it does not matter if they think you have an intention to remain in the US, and so being a spouse (or ex-spouse) of an asylum seeker will not matter – H1b visa and L visa are two examples of this. For the B visa, they may care and I suspect having an ex-spouse with an asylum case may make it more difficult to get a visa, but it may be possible. Try to present as much evidence as possible about your intent to return home at the end of your visit. Take care, Jason
The only option is Mandamus! it worked for me 2 weeks after submitting the complaint on federal court, I received my interview letter!
@Mike, how long had you waited for and what was the cost of mandamus pls
I was waiting for almost 6 years for the interview and the total cost was $5500
Hola Miguel. Podrías explicarme por favor que es “Mandamus” y como hacerlo? Gracias.
We did a post about mandamus on October 1, 2018 and maybe that would be of interest. That post is about mandamus lawsuits filed after the asylum interview, but the same idea applies for people who have not yet received an interview. Take care, Jason
Jason, thanks for your prompt response, but shouldnt his divorce and possible request to be removed off the asylum derivative process be sufficient proof he has no intent to live in the usa anymore? Is it possible to write uscis with the divorce and ask for no benefits under the asylum filing? regards
Maybe I am not understanding – he can only be a dependent if he is already in the US. I thought he was outside the US and was hoping to come here if his spouse won asylum (and if there was no divorce), I do not think that divorce alone shows that he has no immigration intent, as he at one time might have had that intent (given that he planned to come here if the spouse won asylum). If so, I think he will need to provide strong evidence that he no longer has immigration intent. Maybe the divorce documents will be one piece of evidence for that, but I think by itself, that is not enough. Take care, Jason
Jason, the individual is already here and intends to return back to home country but is worried he would not be able to return and see kids , prior to filing asylum, he had multiple visit visas and never exceeded his stay.
Maybe I am not understanding the situation. Certainly, he can apply for a visa and hopefully, that will work. Take care, Jason
Dear Jason,
My sister is in canda and she enetered there as a refugee. and she willings to sponsor her family who are outside canada and they are refugees also. I would like to know she can sponsor her married siblings who are registered under UNHCR.
I hope a reply.
Many thanks
I do not know about the laws in Canada sorry. You would need to speak to a lawyer there. Take care, Jason
Jason, thanks for all you do, looks like the year would end again with no feedback or concerted efforts by congress, at this point its difficult to disagree with immigration being nothing more than a political pawn by both parties.. the macabre dance party goes on
Yup. In fact, I just talked to someone from the organization that led the effort to have Congress send a letter to USCIS. USCIS has not yet responded, and I doubt they ever will. Take care, Jason
Hi Jason,
I filed my case back in 10/2015. Since then I keep renewing my EAD. Its been years and no movement in sight in my case for obvious reason that you and I know already.
I am a financial risk analyst and Ive been employed with same employer since 2015. My employer wants to file labor certification EB2 for me but my current attorney says that if you file eb2 labor certification your GC interview will be held in home country and not in USA since you dont have a legal status for adjustment of status. Now since I cannot travel back to home country for the threat that I face I cannot travel back home even for my interview. Do you think there is a way to present my case and request for gc interview here in usa for adjustment considering my situation in home country? I have nothing left back home that I can rely on plus the danger and risk I will have to take just for the interview.
Would you please comment on this situation and if you could consult me officially if you think there is a possibility that we can get my gc interview through labor certification here in us and not in home country due to the threat and danger.
Thanks
There is a section of the immigration law called INA 245(k) that basically says that if you (1) filed your asylum case while you were still in status; (2) had a long delay in your asylum case; and (3) an employer files for a labor cert/PERM for you, then you may be able to get a GC inside the US. I do not do such cases, but maybe you want to look for a lawyer who has experience with 245(k) (I do not know any). I have heard that it can work, but I do not know. There are also potentially other ways to get a GC without leaving the US, but you need to talk to a lawyer to see if you qualify for any. They are pretty rare and so probably it is not a possibility, but until a lawyer with business experience goes over your case, you cannot know for sure. It may also be possible to do consular processing in a third country. I wrote more about these issues on August 28, 2018 and September 6, 2018, and maybe those will help, but you should also talk to a lawyer with a lot of business immigration experience, preferably someone familiar with INA 245(k). Take care, Jason
One of my friends had pending asylum, and he filed for EB1 for himself. He got his Green Card in one year without leaving the US. Another friend also obtained his Green Card (EB2) through his employer without leaving the country.
My advice to you: First, get the labor certificate; it doesn’t hurt anything (by law, you are not allowed to pay for the process of getting the certificate). Then, for your adjustment of status and work permit, consult with an experienced lawyer. They may charge you around $15k for the entire process, but it’s worth it
There are different ways to get the GC based on employment and whether you can do that inside the US depends on many factors. I think it is best to start with a lawyer, have the lawyer map out the entire process in writing, so you understand each step from where you are today until you have the GC, and then start the process. Some lawyers will do the labor cert/PERM and the I-140 for you – and charge you money for that – only to reach a point where you cannot get the GC. So you have to protect yourself, and at least in my opinion, there is no point starting the process (and paying for that) unless you can complete the process and get the GC. Take care, Jason
Hi KHQ,
I am also on pending asylum interview since 2016 and my employer recently filed for my EB2 labor certification.
Many people with pending asylum have been able to adjust status on EB2 without leaving usa. plz contact some attorney who does this cases. Many people shared their success story on this forum for this case in the past.
I will also do the same once my labor certification and I-140 gets approved.
One person mentioned [redacted] who helped him adjust status with pending asylum on EB2. Note down the attorneys information quickly. Jason might remove it.
Thanks
Sorry, I have to redact attorney names, as I do not know them or have permission to list them here. If you go to AILA.org, they have a referral service for lawyers by practice area (employment-based immigration), and you can find an attorney on that website. Take care, Jason
I have a question
Why there is no a collective claim/suit from pending asylum applicants? They can get support from all these mentioned organizations and actually sue USCIS claiming certain terms and rules how to manage cases (based on human rights conventions), it will create a new precedent that will have power of law.
It is a good question, and I do not know. There are numerous things to sue about, but why there is no lawsuit related to the very long delays, I do not know. I have a feeling it would be difficult to win such a case, as there is nothing that requires the US government to process an asylum case within a certain time frame – the regulations say that it should be processed in 180 days unless there are extraordinary circumstances. In the eyes of the US government, there are extraordinary circumstances in every case, as the US government does not have the resources to process cases during the 180-day time frame. Take care, Jason
Same when you file writ of Mandamus. You think why USCIS never wants to go to the court and USCIS immediately schedules the interview for applicant. Because they know they will lose. There is a notion “reasonable time”. And accirdong to regular ration and practice reasonabke time is not several years, but should be less.
Unfortunately, mandamus interview are now normal, since most people seem to never get an interview without filing a lawsuit. Take care, Jason
Hi Jason.
My asylum case has been approved recently but I have not filed for i485 form yet.
I want to know:
If I get my green card through other categories like EB2 or F2A, can I visit my home country for couple of months? Or my green card can be revoked?(Since this green card is being approved by other categories)
Thanks a lot.
Maybe different lawyers will have different opinions about this, but I do not see why it would matter how you get the GC. You applied for asylum and said that you were afraid of your home country. Even if you get your GC some other way, it does not erase the prior asylum case. People with asylum do return to the home country, but there is some risk to their status, and I think that risk applies regardless of how you get the GC. I wrote more about this on January 6, 2016, but basically, you should be prepared to explain why you returned and how you stayed safe. Take care, Jason
Thanks a lot.Can USCIS revoke my GC if they don’t get satisfied by my explanation of returning to my home country?(In the case that GC is approved by EB2 category,not asylum)
In theory, they could revoke your GC. I think that is very rare and probably very unlikely, but it is not impossible. They would basically have to conclude that the original asylum case was fake, and them they would try to revoke your status. Take care, Jason
Hi Jason
I have applied for asylum in August 2022 from chicago.I have moved to Georgia recently and I filled Ar-11 to inform USCIS for changing my address.
I want to know:
1.whether transferring my asylum case from chicago to Arlington office can cause any delay on my case?
2.do you have any idea of the interview timeline?According to LIFO ,They should have scheduled interview for me by now ,I don’t know how many other months I need to wait to get an interview notice.
3.Can I file mandamus at this point to force USCIS for scheduling an interview for me in Arlington asylum office?one lawyer told me that it is possible to sue USCIS at this time, while others told me that I need to wait another one or two years to have higher chance.What is your suggestion?
Thanks a lot for helping us.
1 – I doubt it. The system is so dysfunctional that whether moving makes the case faster or slower, there is no way to predict. 2 – If you did not get an interview within a few months of filing, you are in the backlog with 800,000 other cases nationwide. No one knows when such people will be interviewed, and right now, probably your only chance for an interview is to expedite the case, which is very difficult, but you can try. I wrote about that on March 23, 2022. 3 – You can file a mandamus at any time, but it is best to try to expedite in the “normal” way first. If that fails, then you can look into a mandamus. Take care, Jason
Jason, I am principal applicant and have Individual Hearing scheduled in 2025.
After our master hearing, my wife applied for her asylum application separately. In this case, will she be called for an interview by the USCIS? If not, what should be next step from us in court? Do we need to submit her application info in court? We both received biometrics appointment scheduled after her filling I 589 application.
If she is also in court, her case will be decided by the court. If your cases are together, they should be decided on the same day. You would prepare your case and her case, and submit all evidence so that you are ready to present both cases when the time comes. Whether you actually want to present both cases, or maybe just rely on the stronger case, depends on the situation and hopefully, you have help from a lawyer to decide how best to proceed. Take care, Jason
Hi Jason,
I am in category C(8) pending Asylum interview for last 7 years.
While filing for form I-765 online (EAD Renewal). what is the answer to the below question?
What is your current immigration status or category? I selected: 999 – Alien Awaiting Decision Of Asylum
Is the above answer correct?????
I think that is correct. As I recall, there is no other category for asylum applicants. Take care, Jason
info@dzubowlaw.com
Gmail says the above email does not exist?
What’s going on, Jason? Am I doing something wrong?
I never email my firm, but I believe that is the general address and it should be working. Anyway, if you are trying to email me, my addrss is jdzubow@dzubowlaw.com. Take care, Jason
Hi Jason,
I entered the US through border illegally and my case was not filed with court, so i filed with USCIS online and got my receipt and did fingerprints. My that online account is locked and they’re not opening my online account. I made another account and going to submit my I-765 application.
I have 2 questions.
1. Is it ok if I create a new account and apply for I 765 EAD by entering all my information and documents?
2. Since I entered through border, what should i put under your visa status upon entry question? There is a option of entering OTHER. Is it ok doing that?
Please let me know. Your response would be highly appreciated.
1 – I do not know whether that will work, since the I-765 is based on the pending asylum. Maybe you should try to contact USCIS for assistance with the locked account. I am not sure if there is a specific way to contact them about online accounts, but in general, you can contact them through USCIS Help – a link is under Resources. 2 – We put EWI (entered without inspection), but if that is not an option on the online form, maybe you have to write “other” and include some explanation about how you entered. Take care, Jason
Jason,
I know this is specifically for asylum seekers, but I have one question I am hoping you are familiar with.
I am a DACA recipient and just got the advance parole document. I plan to go out of the country to see my grandma for a week. I wanted to ask about reentry and your experience with DACA people traveling to their home country. I never had any criminal history.
Thank you.
If you do not have a pending asylum case, traveling to the home country with your passport and returning to the US with Advance Parole should be no problem, as long as the AP document is valid. Take care, Jason
Hi Jason,
We recently got granted asylum in November of 2022. We submitted our application for greencard in April of this year. I need to travel to a gulf state to meet my family. I wanted to ask of this is a good time for me to travel and apply for a travel document or should I wait for my greencard first before applying. The waiting period for a travel document is quite long and I have heard that it’s best to apply after receiving my green card. Please advice me the best course of action.
Much appreciated,
Magaley
@ Magaley Hussien
As for as I know Gulf states do not accept RTD as a passport to enter those countries. You will need to have country passport to enter Duabi , Doha or Kuwait and saudi.arabia. Rest Jason and other friends over here might have better advice or an explanation for you.
Good point – You might check with their embassies to be sure, but I think this is correct. Take care, Jason
Saudia Arabia accept RTD. I travelled last year and they are familiar with RTD
I do not think the waiting period is different before or after getting a GC. You can apply any time for a Refugee Travel Document, form I-131, available at http://www.uscis.gov. If you have not applied for an RTD since you filed for the GC, you can use the receipt for the I-485 instead of paying the fee for the RTD. Otherwise, the sooner you apply, the sooner you get the RTD (though it is only valid for one year). Most people seem to wait more than a year for the RTD, but you can try to expedite – I wrote about that on January 29, 2020. Also, once you have the GC, maybe you can travel with your passport, though it is better to use the RTD – I wrote about that on May 25, 2022. Take care, Jason
Hi sir I was a co applicant with husband he was the principal applicant of asylum I just got divorced last month now I am married to a us citizen and going to apply for adjustment of status . What should I do with that asylum application..either I have to write them or my ex that I am no more in that asylum application and what should I write please help me I have no lawyer to advise me and asylum lawyer is in contact with my ex
You may want to do the marriage case first and only contact the asylum office once you have the GC. The problem is that if you withdraw the case now, before you have status, they might send you to immigration court, which will complicate your case and cause more expense and delay. If you file for the GC, get the GC, and then withdraw the asylum case, that is safer. I wrote about this in more detail on December 7, 2022. Take care, Jason
But sir I am not the principal applicant and if after the green card I want to withdraw as co applicant will it affect my ex husband asylum application that is the main confusion and secondly can i withdraw the application or he will have as principal applicant and we are no longer in communication ?? Is it possible. That he can write to asylum office and they put me in immigration court
When I say co applicant it means dependent thanks
If you are a dependent and you are removed from the case (by your spouse, or if you do that yourself, or if you get divorced and the asylum office knows that you are divorced), and you have no other status here, you may be placed into removal proceedings. As the principal applicant, I imagine that your husband can remove you from his case by contacting the asylum office. You may want to talk to a lawyer to see what option you have before you get removed from the case – you will be in a stronger position if you can make some decisions about how to proceed before you are withdrawn from the case, when your options will be more limited. Take care, Jason
Hello Jason I have a question it is little off asylum topics. I came here on b2 visa and overstayed and came 8 years ago and i married someone 5 years ago but never filed any i-130 or i-485. But we quickly divorced so marriage only lasted like 6 months plus 5 months for divorce total 11 months. Since i didmt have san or any legal presence we never got bank account together or rent lease or anything. Infact only document i have of that marriage is marriage and divorce certificate. Now after 5 years im remarried and we filed i-130 and i-485 combo. Im waiting for interview. Will at interview immigration officer ask about previous marriage and ask for proofs of bonafide documents from that marriage. The marriage was genuine but only issue is i dont any proofs of that marriage. Will i be denied green card on this marriage due to previous marriage due to 204(c) or marriage fraud bar .
If you did not file any documents for the prior marriage, I do not see why they would ask about it (other than to collect the divorce document, which is required for you to marry again). That said, it does not hurt to have whatever evidence and documentation you have, and to identify people who knew you were married at that time, and who can write letters in the unlikely event that USCIS asks for some evidence. Take care, Jason
Hi Jason,
I am one of those who are awaiting for 7+ years. You actually helped me submitting my asylum application in 2016. I have a new development and I am planning to consult an migration attorney but I thought you might now. My brother is now a US citizen. Can he file an i-130 application for me? Is it faster than waiting on the asylum backlog?
Your brother can file for you, but the wait time is very long (12+ years; you can see that if you Google “DOS visa bulletin”) and you would likely need to leave the US to actually get a GC, which may or may not be possible. I wrote about that on August 28, 2018 and September 6, 2018 if you need more info. Take care, Jason
Hi Jason,
I am a citizen of Bangladesh and I got my GC through asylum. Recently, I was arrested for domestic violence and got four charges ( 3 misdemeanor and 1 felony). I am released from Jail by bond. My wife already filed affidavits of non-prosecution to DA office. Plus, I hired the best criminal defense lawyer and he has high rate of similar cases dismissal and expungement. The case has not yet sent to court and I have not received any notice to appear from court yet.
Do you think this would cause any issue to my GC? My lawyer is very positive about a good outcome of this case ( possibly dismissal though no gurantee). Thanks
If the case is dismissed, it should have no effect on your immigration status, but given that the charge is related to domestic violence, any type of conviction could affect your immigration status. I would be very careful about this, and if the criminal law attorney is not familiar with immigration law, I would get help from an immigration lawyer before you agree to any plea deal or go to trial. Any conviction related to domestic violence can potentially be a deportable offense, so be careful about this as you move through the criminal procedure. Even if the conviction is not related to domestic violence, but the victim is a family or household member, it could have severe consequences, and so a lawyer with criminal-immigration experience should be involved with helping you. Take care, Jason
Hi fellow asylum seekers:
I am going to be homeless. So I don’t have an address, I am applying for jobs but every job application requires a home address. I don’t have a friend’s address to use and a mailbox could be easily googled to be recognized as a mailing address
What should I do in this situation ?
And fellow asylum seekers, may I ask how are you able to afford rent, afford to live basically ?
You can get a PO box at the post office for a low cost, and you can use that as a mailing address and then use whatever address you think best for your physical address. Also, you can sign up for a USCIS account, so that you get notices electronically and do not miss any mail. Take care, Jason
Hi Jason,
I recently applied for the Green card and it based on approved asylum. Do you know how long it’s taking now? When they call for the GC interview? I got a letter from USCIS and they told us we don’t have to go for the fingerprints.
Thanks!
It is not very predictable. Most cases are taking 2+ years, though once in a while, a case takes 6 months. Most asylees do not have GC interviews, but some do. That is not predictable either. Take care, Jason
Thank you Jason!
Hello,
I got my GC through my wife’s Asylum in 2022 for 10 years. Now she decided to have a divorce, will i face any problems while my citizenship application? My GC dated resident from match 2021. Please advise me if will face the problem. Thanx
You should not face problems, but one point to be careful about: Sometimes people back-date divorce documents and claim that they were living separate and apart from each other earlier than they actually separated (this speeds along the divorce process). However, this can conflict with claims to USCIS that you were living together. Where there was an asylum case, it may not matter, but it would be much better if the dates on all divorce documents and the USCIS were consistent. Otherwise, it could raise credibility issues that could ultimately affect your status in the US. Take care, Jason
If applying i-589 application (asylum) online and eventually i-765 work permit (c8) online is the receipt issued right away in one day or it takes a few days as in mailing application ?
I do not remember if you get the actual receipt immediately (I think they still mail you a copy), but you do get immediate confirmation that the case is filed. Take care, Jason
Hi Jason. (Sorry if it’s duplicated message because I wasn’t sure) Hope you are doing well. My spouse and I got the same exact RFE below for our I-485 application which we submitted together. We have copies of our applications which clearly shows that we both answered the question mentioned in the RFE. We both were thinking to answer the question again and send them back with the notice. However, we didn’t understand what we are gonna send them. Could you help me to understand the RFE below and how we should answer the notice? Which option do you think we should take option 1 or 2, or what do you think we should do differently?
1) Answer the whole page 10 and send it with the notice.
2) Answer the whole page 10, fill out the whole I-485 again, and send it with the notice.
” Incomplete I-485 Application
You submitted an Application to Register Permanent Residence or Adjust Status (Form I-485) Edition date 07/15/22 on October 7, 2022. You did not complete the following sections: Part 8. General Eligibility and Inadmissibility Grounds, Page 10, Question 15. Complete these sections on Form I-485 Edition date 07/15/22 and return your completed I-485 with your response to this notice. You can find the edition date at the bottom of the page on the form. Or you may fill and return a new completed Form I-485 with the current edition date and return it with this notice”
Hi Jason. Hope you are doing well. My spouse and I got the same exact RFE for our I-485 application which we both applied on the same day back in 10/2022. I’ve checked the copies that we sent them and it looks like we answered Question 15. Anyway, It says:
” INCOMPLETE I-485 APPLICATION
You submitted an Application to Register Permanent Residence or Adjust Status (Form I-485) Edition date 07/15/22 on October 7, 2022. You did not complete the following sections: Part 8. General Eligibility and Inadmissibility Grounds, Page 10, Question 15. Complete these sections on Form I-485 Edition date 07/15/22 and return your completed I-485 with your response to this notice. You can find the edition date at the bottom of the page on the form. Or you may fill and return a new completed Form I-485 with the current edition date and return it with this notice” As to my understanding they ask for that question to be answered and send to them. However, it’s not clear as the sentence says “complete these sections… … and return your completed I-485 with your response to this notice”
So I don’t understand if they ask just the question answered and send it to them with notice
OR the full page 10 answered and sent with notice OR the 7/15 edition I-485 application filled and answered with page 10 and sent to them with notice. What do you think about that paragraph? Thank you.
If you have your 07/15/2022 edition of the form, you can complete the (supposedly) missing section and submit that. If there are answers that do not apply, write N/A. If you do not have a copy of your I-485, you can complete a new I-485 online and submit that. USCIS does sometimes ask for info that you’ve already given them, and this could be their error. Nevertheless, you should comply with what they want or they will deny the application. Take care, Jason
Thank you for your answer. I’ll definitely comply with their request but I wasn’t sure if I should send just the page 10 or the whole I-485. Another thing is that my spouse and I got this same exact RFE notice for the same error, should we send back their request together in one mail or separate mail? Ps. we applied together for I-485 and my spouse is derivative.
I have another question related to this topic. When we fill out the 07/15/2022 edition, will we put the new address and up-to-date information? Because we had my previous address when we first submitted our I-485 application together.
I do not know whether it is better to send the whole form or just the one page, as I am not sure exactly what the problem is. Based on what you wrote, you may not be sure either, since the USCIS letter is not very clear. Maybe you want to send the whole form again, but somehow tab the “corrected” page. If you fill out a new form, I guess you should update it, but I would explain in the cover letter that this is an updated form with updated info from you. In terms of mailing the response, I think you can send them in the same envelope, as long as there are two complete packets – one for each of you, and a copy of the RFE is attached to the top of each packet. Given the various issues with their letter, you may want to have an attorney review it, to make sure you are giving USCIS what it is asking for. Take care, Jason
Thank you so much, Jason. You have been very helpful. I’ll send RFE, the corrected page, and a copy of the I-485 7/15 form. And I’ll write a note on top of it that explains I didn’t quite understand what the RFE asked for that’s why sent the requested page along with a copy of my I-485.
Hello Jason i called uscis helpline phone number and found out my application for i-765 is not in their system. Actually i applied i-765 based on pending asylum then i waited and waited no receipt came. After 30 days i called uscis plus when it was 15 days i emailed lockbox and no reply was received from them. Uscis told me there is no application for i-765 pending under my A-number or my name and date of birth. Only asylum application is pending which they have no access too. Only asylum offices have access to that. Should i refile my i-765 but this time online and hope they accept it ?
Maybe it got lost by the post office or USCIS? It sounds like you should re-file. You can do that online, which avoids the problem of anyone losing it. You can include an explanation with the evidence that you filed an I-765 earlier, but you believe USCIS never received it. Take care, Jason
Hello Jason,
I have a pending asylum application since 2018. I need to travel for a work purpose (I will stay for a few days to attend a conference). My passport has expired and I can’t renew my passport with my current status. I have applied for advance parole but I am not sure how I can travel without passport. Do you have any experience with your clients traveling with only advance parole but expired passport? Thank you in advance.
You must have a valid passport to travel. AP acts like a US visa and allows you to enter the United States, but it is not a travel document. If you cannot renew your passport, I am not sure whether there are any other options (and if you could get another passport, that would likely block you from asylum because you have status in a third country). There is a “world passport”, but I think that is not accepted by many countries (and maybe by no countries), but maybe you could look into that option. Take care, Jason
I appreciate your input, Jason. It appears that the ‘World Passport’ isn’t valid for the destination I intend to visit. I’m curious, though: if the advance parole document includes a photograph, could it potentially serve as a valid travel document for obtaining visa stamps? I’ve heard that traveling with advance parole and an expired passport (with a photo) might be feasible. Kindly inform me if this is a viable option.
The AP document is just a piece of paper and I have never heard of it being used as a passport to enter another country. I also do not know whether you could return to the US with only the AP document and no passport or an expired passport. In short, as far as I know, this won’t work. I suppose you could try to research more, or hire a lawyer to help you (for the country of travel and returning to the US), but I would be surprised if they come up with a different answer. Take care, Jason
Thanks, Jason. Your guidance in this situation is truly valued. While some lawyers prioritize money and might encourage you to apply for an Advance Parole (AP) even when it’s unlikely to succeed, I’m grateful for your honest assistance.
The problem is that it is difficult to know whether a particular application for AP will work, and some lawyers are more conservative than others about the risks. It should just be issued automatically, but unfortunately, USCIS does not work that way. Take care, Jason
DHS (the prosecutor) agrees to dismiss and the IJ judge was dismissal my case. Once a removal order is dismissed, the judge will issue a final order which serves as your proof to stay in the US legally. I did not receive any notice or any documentation.
Que: Could you tell me how can i get the final IJ order copy (dismissal notice copy). my attorney did not received any dismissal notice copy.
I would like to share with you a link if this attorney is right then maybe I am eligible for a work permit with Dismissal notice copy or any documentation. see this…. https://lairdlaw.org/blog/my-removal-case-was-dismissed-can-i-still-work/
If you have a valid work permit and the case is dismissed, you can work until the EAD expires. However, unless you have some other basis to renew the EAD, you cannot renew it. Your lawyer should be able to get a copy of the order, or you can contact the court to ask for it. You can call them – you can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason
Thank you for your incredible support.
My asylum based green card interview has been scheduled next month. My EAD card expired since January of this year .Should I still bring it to the interview ?
Whenever a client asks whether they should bring a document to the interview, I always say “yes”. It is better to bring too much than not to have what you need if they ask for it, and so I think it is best to bring all your immigration documents to the interview, including expired EADs and passports. Take care, Jason
I want to appreciate those brave 61 congressman and congresswomen! I would be very glad if they directed their letter to the White House and or directly the president. I have been waiting since 2016 andI remember when Trump directed his then USCIS director to go LIFO than FIFO! This is a mandate of the President not USCIS! USCIS should be approach only from their immediate boss like president (I know congress also have power over them too).
Certainly, they could have sent the letter to the White House too. Really, though, it is USCIS who will make the decision. Unfortunately, what is really needed is an immigration reform in Congress – a new law. Without that, even an Administration that wants to help is very limited in what it can do. Take care, Jason
I agree with your comment. I feel that the previous administration was much more effective in their attempts at destroying legal immigration to the US- and that included making it difficult for asylum seekers. But, strangely, and bear in mind that nearly half of the previous administration’s term was during COVID-19, things seemed to have been moving, albeit slowly. For the current administration, nothing, except some N-400 applications, seems to be moving. I-485, I-131, I-765, I-730, I-130, I-589, etc. applications seem to have been lost by USCIS. There are people who filed affirmative asylum applications from 2015 who are still waiting! And good luck with waiting for your I-765 renewal and your I-131 applications to be processed! I am still waiting for someone to tell me exactly what Ur Jaddou- especially Jaddou- and Alejandro Mayorkas have done to fix any of the issues at USCIS. To me, it’s almost like Jaddou is collecting a paycheck for absolutely nothing. Even if the intentions were nefarious, do you remember how strategic and effective the previous directors were? Imagine if a director of a private organization was so absent when his/her organization has literally fallen apart? Why is it that USCIS/DHS, and the current administration by extension, are acting like they need Congress to pass laws to make certain things better at USCIS? And let me not get started on the White House. They are no different from the previous administration when it comes to fixing certain issues with the asylum process. Why do the still have the LIFO in place, for example? They are certainly not fooling me!
Hi Jason,
Thank you for the article. It feels good to know that we’re not forgotten.
I haven’t seen my parents and siblings in 7 years. I don’t have strong grounds to apply for advance parole or expedited asylum interview. What would qualify as an emergency if thank God nobody is sick or dying? My parents are in their 80s though and my biggest wish is to see them one more time. They’ve been denied visa because of my status and they live in a third country.
Thank you
Dear Jason,
I have a question:
Does a naturalized American have the right to petition for his married son or daughter and over 21 years so as he/she could join him in the USA?
Yes, but the waiting period is very long. You can Google “DOS Visa Bulletin” and see the wait times. Take care, Jason
I wrote about Advance Parole on September 11, 2017 and maybe that would help, but basically, you need to show a “humanitarian” reason for the travel. If they can get a letter from a doctor stating that they have a serious health problem, you can use that as a basis for AP. Also, maybe you need some medical procedure, which you can say is cheaper overseas. That can also be a basis for AP. If you can come up with any such reason, maybe that will be enough. You will also need a valid passport for the travel. Good luck, Jason
Mr Jason, good evening.
I checked uscis processing times for i-765 pending asylum renewal/replacement it says 2.5 months for renewal. Is it true for new filed renewal ead cases. I know older cases take 1 years thanks
First time asylum-pending EADs take a month or two (usually). Renewals are all over the map. Sometimes, they take a week; other times, they take well over one year. Why is it so variable? I have no idea. Take care, Jason
Jason,
Hope all is well. I requested the Chicago office to withdraw my case in April after I got greened through marriage. I sent a reminder about a month ago but have not heard anything back. Should I just forget about it or can I ask a representative to ask from an update from USCIS about withdrawal request?
It is amazing that they can’t even get a case withdrawn. I would email them again and let them know that this is the third request. I guess you can ask your Congress person for help. Maybe it is good that they see how poorly the Asylum Office is functioning. Take care, Jason
I want to offer my perspective on this a little.
Of course the wait is inhumane to many longest-waiting applicants…But…
Is it possible that…even though they don’t have the capacity anyway…the nation’s asylum offices implicitly acquiesce this long wait because it may filter inauthentic applicants ? It seems a little…reasonable ? because only people who truly need asylum would wait …this … long ?
The same could be said about other obstacles in asylum: long EAD wait, etc…Unfortunately, ineligible ones could fool asylum offices and DOJ and federal courts, even though it’s not easy…Could these obstacles, be implicitly intended by the government…to serve as an extra layer of protection from frivolous applications ?
If asylum process is made too easy…wouldn’t there be incentives from many ineligible people to file applications that overwhelm the system ?
Just my personal two cents regarding what may have contributed to the sustaining of system…despite enormous good work done by the advocacy organizations mentioned in the article. If what my take in the reasoning behind the sustaining of the system is correct…then…I am a little pessimistic about what could really be done…the underlying condition is set…
Honestly, your attempt at playing devil’s advocate is terrible, to say the least.
An asylum process shouldn’t have obstacles- nor should it be about whether or not the process is easy or hard. That’s irrelevant!
And if the process does have obstacles- or if the process hinges on how difficulty/easy it is- these obstacles shouldn’t undermine efficiency, fairness and effectiveness. The asylum process, or the “mechanisms” in place, should be designed in such a way that the process weeds out, or recognizes, those are who are filling frivolous and fraudulent asylum applications. The asylum applicant cannot, and should not, be penalized for the possibility that some people may file fraudulent/frivolous applications. That would be tantamount to asking USCIS to penalize EVERY person who seeks immigration benefits (regardless of immigration category)- or intentionally cause them to suffer psychologically and emotionally- just because a few people may submit fraudulent applications for immigration benefits. Furthermore, the US asylum process- one that purports to offer humanitarian relief since the US is ostensibly a party to the Convention – should not be one that traumatizes, alienates, discriminates, and treats the vulnerable, or those seeking refuge, with disdain. If anything, the US is guilty of committing inhumane treatment, by virtue of psychological assault, against those vulnerable groups it promises to protect.
Hi Jamie,
I didn’t advocating the practice. I just offered a feedback and an educated speculation about the reasoning behind the sustaining of the system. And to be clear, I don’t like the system. However, at least from govt’s perspective, (my perspective as well), I don’t see that they know any better ways…so if they don’t seem to have a better way…the original way is … probably gonna stay…unfortunately…
I guess, to summarize, “appreciate but not optimistic about their chance of success” is my attitude…(shrug emoji)…
Sometimes silence is the best part of discretion, Jason is an amazing voice and this is a respectable forum, Your entire summation lacks empathy and displays a lack of undertanding of the integral factors at play, please read the room always.
I am also pessimistic about whether anything will change, but I do not agree that making people wait is a way to weed out fake applicants. In fact, the whole philosophy behind LIFO is to process applications quickly so fake applications can be denied, with the idea that people make fake applications so they can stay here for a long time and work while their case is pending. I do not agree that this works either (especially since no one gets an interview), but I do not see why fake applicants are any more likely to give up and leave than real applicants. Take care, Jason
I actually agree. I overlooked that fake applicants, though not in need of asylum, could nevertheless have a strong desire to stay and gain residency. So they will not give up.
Just disregard my first commentary.
@Reasonong and balance.
WOW, you don’t sound like a human being, that is what I can say!!!!!
Is this your way of reasoning. What a narrow minded, cruel individual!!!!
I mean…whether you like it or not…the situation is not good and probably not getting any better…it’s there…
I hope this letter finds you well. I am writing to seek legal advice and representation regarding an asylum case.
Information about U.S. Illegal Entrants:
Entered Date: February 11, 2016 at Calexico, CA
Charge: INA 212(A)(6)(A)(I) Aliens Present without Inspection, Admission or Parole EWI: Entry Without Inspection
Removal Proceedings Case Information:
I-589, Application for Asylum and for Withholding of Removal
Judge: Lorianne M. Campanella -26 Federal Plaza, New York, NY 10278
Decision: The Immigration Judge final ordered DISMISSAL. on June 23, 2022
Bond: Bond has been refunded form DHS/ICE.
Note: I did not received any final ordered DISMISSAL notice or others any documentation which serves as my proof to stay in the US legally.
Employment Authorization Document:
My EAD was expired after final ordered DISMISSAL on June 23, 2022.
Note: I got married with U.S. Citizen and she did I-130 Petition for me and I have a pending I-601A waiver.
Question:
How can I apply an EAD?
How can I legally work U.S. till my oversea consultant interview done?
Thank you for considering my request, and I look forward to the opportunity to discuss my case with you. Should you require any further information or have any questions, please do not hesitate to contact me via email or phone.
Yours sincerely,
Unless you have a pending case, you cannot apply for a new EAD (the I-130 does not help for this purpose; you need a new asylum case or other case). If you are planning on doing the 601A and then consular processing, I do not know of any way to get a work permit based on that. Working without permission should not block you from getting a GC based on the marriage, though depending on the circumstances, it could be a negative factor (talk to a lawyer if you are concerned about that). You can potentially file a new asylum case, wait 150 days, and apply for a new work permit (check the I-589 instructions, but probably you need to file that at the Asylum Vetting Center in Atlanta). Keep in mind that if you return to your home country for consular processing, it could raise issues about whether your asylum case was fake (since you returned home) and maybe talk about that with the lawyer. Take care, Jason
Removal Proceedings final ordered DISMISSAL. is that prosecutorial discretion?
It could be. If DHS (the prosecutor) agrees to dismiss, that is prosecutorial discretion (usually–but not always–the judge will dismiss if DHS agrees). Take care, Jason