In June of this year, the USCIS Ombudsman released its annual report, where it “details the urgent systemic issues affecting U.S. Citizenship and Immigration Services… and identifies potential solutions to resolve these problems.” This year, the agency’s various backlogs loom large in the 120-page report. Making progress on those backlogs has been difficult for various reasons, including the state of the world: “Global upheaval, political confrontations, and climate issues created populations in need of temporary protection, and the United States took on its share of assistance to these populations.” While the Ombudsman applauds the Biden Administration’s efforts to help those in need, it notes that other asylum seekers and immigrants have been harmed by diverting resources that might otherwise have been available to complete their cases.
To be honest, I have avoided reading the report until now because it is simply too depressing. We know the basic problem: Too many people and not enough resources. We also know that Congress–which controls the nation’s purse strings–is not likely to approve any additional funding, especially while the House of Representatives remains in Republican hands.
As I reviewed the report, I found myself feeling some sympathy for USCIS, which is being asked to do too much with too little. But the key word in that last sentence is “some,” as I also feel that–at least with regards to affirmative asylum cases–the agency has utterly failed to take bold and creative steps to alleviate the ever-increasing backlog.
Here, we’ll discuss the Ombudsman’s findings and try to explicate what is happening at one of the U.S. government’s most troubled agencies.
The first thing to know is that USCIS is still digging itself out of the hole created by the pandemic and the Trump Administration. In addition, throughout Fiscal Year 2022, “the agency was beset by complications it could not have foreseen.” These include responses to multiple humanitarian disasters, including in Afghanistan and Ukraine, as well as parole programs for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV programs). “As of March 2023, approximately 75,000 Afghans… and approximately 116,000 Ukrainians… have received parole to enter the United States.” “So far, the CHNV programs have allowed 75,637 individuals to be paroled into the United States; at 30,000 per month, this total population is as yet unknown.” These new arrivals lead to “downstream challenges,” as many will apply for additional services, such as work permits and asylum.
Indeed, “USCIS continues to receive historic levels of asylum receipts in FY 2023, particularly from nationals of Cuba, Haiti, Nicaragua, and Venezuela.” “In FY 2023 through March 9 [the first five months of the fiscal year], USCIS has received 164,000 asylum applications, of which 62 percent (i.e., 101,900 applications) were filed by nationals of Cuba, Haiti, Nicaragua, and Venezuela.” “However, at this early point in the CHNV parole process, it is unlikely that most of these asylum applicants were paroled into the United States under the CHNV parole processes, but rather entered the country through other means.” In other words, we have yet to see the impact of these new CHNV parolees (at 30,000 per month) on the asylum system.
“In addition, in FY 2023 through March 9, USCIS has received fewer than 700 asylum applications filed by Ukrainian nationals…. It is probable that USCIS will start to receive more asylum applications filed by Ukrainian nationals as more time passes since the beginning of U4U [the Uniting for Ukraine program].”
Aside from dealing with large numbers of new filings from paroled asylum applicants, many Asylum Offices (AOs) have been deployed to the Southern border, which has “continued to impact the affirmative asylum caseload and the agency’s ability to chip away at it.” Not only must AOs make credible fear determinations (initial evaluations of asylum eligibility), but under a new program, AOs–rather than Immigration Judges–are beginning to adjudicate asylum cases, further limiting their ability to process affirmative asylum cases.
All this has resulted in increasing backlogs and increasing delays for affirmative asylum applicants. “While USCIS has not provided any estimates on backlog reduction efforts related to Form I-589 [asylum cases], for affirmative asylum, processing times are likely now approaching a decade as backlogs in that humanitarian program now stand at 842,000 and are projected to reach historical records of over 1 million by the end of calendar year 2024.”
While the Ombudsman’s evaluation sounds dire, in reality, I think it is overly optimistic. There are already many asylum applicants who have been waiting 8+ years for an interview, and there is no reason to believe they will be interviewed any time soon. On top of that, decisions these days often takes months or even years, and so receiving an interview is no guarantee of a quick decision. Also, since November 2022 (the last time I saw data), the backlog has been growing at more than 20,000 cases per month, meaning that we should expect to hit the 1-million mark by about February 2024 (not the end of 2024). Finally, these numbers refer to cases and not people. Since some cases have more than one person (spouse and children), the backlog is already well over 1 million people.
The report acknowledges the agency’s “many challenges,” but ends on an optimistic note: “With help from Congress for badly needed resources; from stakeholders who provide insightful feedback; and from its partners, such as [the Ombudsman’s] office, who constructively collaborate to ensure the agency completes its mission fairly and on time, the agency can proceed on course to master its daunting tasks.” Such optimism is sorely needed, and perhaps the power of positive thinking can help steer USCIS towards a better future. While I personally have my doubts, I am certainly rooting for USCIS to succeed–for the sake of immigrants and asylum seekers, and for the good of our country.
[…] now 1 million pending affirmative asylum cases. Only three months earlier, the USCIS Ombudsman was estimating that we would not reach the 1 million mark until the end of calendar year 2024! Also, by the way, […]
Hi Jason! Didn’t they issue a similar letter where they asked USCIS for LIFO to be implemented? Like last year or so? What happened back then?
I am not sure I know what you mean. As far as I remember, all the USCIS and Ombudsman reports indicate that think LIFO is helping to reduce the backlog, though I have not seen anything from them about the backlog lately, as LIFO is pretty clearly doing nothing except harming the longest-waiting applicants. Take care, Jason
Dear Jason:
How are you? I am writing to request you USCIS Washing DC office phone number.
USCIS
Refugee, Asylum, and International Operations Phone number.
The reason i am asking is that i am sending an Appeal about my case denial to USCIS refugee officers in Wshington but POST OFFICE from Africa cannot deliver my envelope to USCIS unless i provide landline number.
Kindly request Refugee, Asylum, and International Operations Phone number.
I hope a feedback.
Thank you.
Sorry, I have no idea about such an office or that number. Take care, Jason
Hi Jason,
Thank you very much for all your relentless efforts to help asylum seekers and asylees!
I am an asylee in the United States with my Green Card application on pending for over 1.5 years. I have matters in Ethiopia that need my urgent attention. And, I need to grant my brother the power of attorney so he can take care of those matters as my legal agent in Ethiopia. To do so, however, requires me to go to the Ethiopian Embassy in Washington, DC.
Nonetheless, the Vienna Convention on Diplomatic Relations of 1961 prohibits host country’s/i.e.American/ agents from entering the premises of the Ethiopian Embassy without the Ambassador’s permission. This special status seems to have made embassy premises de facto territories of the home countries. Besides, as an asylee, I am not sure if the American government allows me to interact with civil servants of the very government that persecuted me and from which it is protecting me by granting me with asylum.
Given this, could entering the Ethiopian embassy premise and receiving the services of the embassy staff to make my brother my legal agent back home cause questions about the validity of my initial claim of persecution in Ethiopia and initiate a process to terminate my asylum per Section 208(c)(2) of the US Immigration and Nationality Act (INA)?
Looking forward to hearing your reflection and advice with immense gratitude.
Best regards,
Solomon
The US government does not ask about visits to the embassy and so I know of no way that they would know about the trip. Also, I can’t imagine that it would impact your asylee/I-485 case. There is no danger of being persecuted at the embassy. I suppose if the US government somehow knew, they could ask why the Ethiopian government was willing to let you in to the embassy and why they were willing to help you. You should be prepared to explain that, in the unlikely event that anyone asks. Take care, Jason
Thank you very much, Jason!
Hi,
A friend of mine is an asylee since 2018.applied for spouse and 2 of adopted minor children I 730 which has been pending for 5 years.But thing took a bad turn from the beginning , the principal applicant forgot to add them on the initial I 589 and added them during the asylum interview.
Now the case at embassy is stuck they are not convinced of the 2 adopted kids,the officer believed they are added up ,they are not geniune adopted, kids are now studying college abroad and they are no longer gonna join the principal and the principal applicant want to remove them from the I 730,so the spouse case can be approved ,
How to proceed with the case and remove the children.
I think they should talk to a lawyer, as the case should not be taking that long and probably the US government suspects fraud. I suppose they can try to withdraw the adopted children by emailing the embassy, since that is where the case is located. The children themselves can also contact the embassy. That may not cause the spouse’s application to start moving, but they can try. Take care, Jason
Hi Jason,
My N400 interview is on 16th Oct. Can I travel internationally after the interview and come back to United States before the Oath Ceremony. Is there any restrictions on travel? Also how soon do I have to return back to the United States before the oath Ceremony. I heard that applicant has to enter the United States 14 days before the Oath Ceremony but not sure if that is true.
I have never heard of that 14-day rule, and so I am not sure. I also have never heard of anyone having trouble traveling during this time, as long as you attend any appointments. I guess if this is a concern, you can have an attorney look into it, but I have never heard of that. Also, maybe at the interview itself, you can ask the officer whether there is any problem traveling – and if you are lucky, maybe they can schedule the oath ceremony quickly, before you travel. Take care, Jason
[…] time, I wrote about the Ombudsman’s 2023 report and the state of USCIS. Today, we’ll look at what the […]
I live in virginia. I have pending asylum. I have work permit. My case pending with uscis. I want to go to texas to meet family by driving. There is a interior border patrol checkpoint in texas. Is ead enough for them or i need full i-589 application as proof of status
I think you should be fine with a work permit and driver’s license. If you have a passport, you should have that with you too, and there is no harm in having a copy of your asylum receipt. Take care, Jason
Timeline for ssn
Approved i-765 aug 23 2023
Aug 31 ead arrived in mail catogary c(8) pending asylum
Sept 1 applied ssa in office. I checked save check it says returned to agency
Sept 5 called ssa went to office they said ssa issued ssn number and i wrote number on paper and got it
Still waiting for ssn card. How long will it take for it to arrive by mail. Are there recent delays
Also i heard your house mailbox should have your name or else usps doesnt deliver ssn envelope is it true
I do not know how long it takes, and I doubt you need your name on the mailbox, though there is no harm in having your name there. You might consider signing up for “informed delivery” with the US post office, and then you will get an email notice about the mail that will be delivered to your house. Take care, Jason
SSCs can take about 2 weeks (give or take a few days) after the date of application to arrive in the mail. I am not sure if things have changed but I got my SSC delivered in my mailbox and my name wasn’t on the box.
Jason, thanks for everything you do!
I have a question: have you ever had a client (or heard of anybody) having issues during the citizenship interview because they travelled to a third (neutral, non-neighboring) country using their home country passport? Or even been asked why they did so?
I have a green card based on asylum (LGBT issues) and like to travel abroad a lot for vacation. Every time I came back to the US from a trip abroad, I showed my green card and passport and was never ever asked anything about my asylum or why I was using my passport, etc. They only asked the regular questions like where I was travelling and I always answered the countries I have been to (all of them were far away from my home country by the way). So the process has been always very smooth! It is worthy mentioning I never returned to my native country, nor any neighboring country and never renewed the passport after applying for asylum.
Thanks
Envy…
I have seen naturalization interviews where they ask about the asylum case, though that is not common, and when they have asked, it is pretty minimal. I think it is unlikely you will be asked about using your passport, but it is not impossible. You should think about how you would respond to such a question, so that you are ready (for an LGBT case, it should be pretty easy – the government may not know about your sexual orientation and your primary fear may not be from the government anyway). In short, I think you will be fine, but there is no harm in being prepared to answer their questions, so you are ready in case they ask. Take care, Jason
Hi Jason,Thanks a lot for your information.
I have filed AR-11 form for changing my address,I have received a notice response that shows the change of address was approved and changing asylum case from Chicago to Arlington is pending.But I have not receive any new receipt notice since then.Since my asylum office has been changed,I assume that I need to receive a new notice with new notice number.what should I do in this situation?
There is no new receipt or new number. If the address was changed, when the time comes for your interview, it will be at the new office. There is nothing more that you need to do. Take care, Jason
https://www.nytimes.com/2023/09/09/us/deportation-pennsylvania-fugitive-danelo-cavalcante.html
This kind of news makes me worried that the Biden administration will use hard-line immigration policies to placate moderate voters…in order to win reelection…
I am more worried that Republicans will use this issue to sway moderate voters in their favor unless the Biden Administration figures out a better approach. Take care, Jason
Hello Jason,
I was granted asylum in February of this year after 7 years. Thank you for all the advice in this platform , i pray God should continue to inspire you with more wisdom like king Solomon in the bible so you can continue to give hope to the hopeless, To everyone hear please never give up! There’s always light after the tunnel, remain resilient in this journey.
Jason, with alot of changes in USCIS what is the right form to used to apply for travel documents after Asylum being granted! Please kindly help me
If you have asylum, use form I-131, available at http://www.uscis.gov to apply for the Refugee Travel Document. This form is used for different types of travel documents, so make sure you complete the relevant parts. You can ask to expedite the RTD, but if that does not work, wait times are currently 1+ years. I wrote more about the RTD on May 25, 2022. Take care, Jason
Hi Jason; hope you’re doing well. I submitted my I-485 application and today I received the I-797C notice(I-485 application to register permanent residence) they waived my biometric test & will reuse my previous one. But when I put my application number in USCIS case number; it said: “we received your Form I-131, Application for Travel Document and sent you the receipt notice that describes how we will process your case” which is wrong; USCIS website don’t show anything about my I-485 form and it shows form I-131; although my mail notice everything looks accurate; is this something I should be concern or probably it’s just some sort of error?
There may be two different receipt numbers, so make sure you are checking both. Otherwise, I doubt it is a problem, since you have the receipt, but maybe you want to make an online inquiry using USCIS Help (there is a link under Resources). You can also try calling at 800-375-5283, but that is a big pain in the neck. Take care, Jason
Thanks Jason for the good work you do . We immigrants are thankful to you.
I have pending asylum with immigration court in boston ma. First i had asylum pending with asylum office for 5 years then got referred to court. Now waiting for final hearing which is kect year june 2024. The problem is i have been in usa for 12 years. I filed asylum really late like after 6.5 years due to stress. Then i was interviewed and denied by uscis and now in immigration court i have master hearing now final hearing next year. I have work permit . The reason for referral was one year deadline
The problem is i havent been in usa since 12 years in 12 years i have established a life in usa, business, cars, houses, i donate to my place of worship plus attend my religious places , pay taxes no criminal record but i m not married or i dont have kids yet. Under these circumstances any way possible instead of getting ordered removed which is 80 percent chance in boston and also due to one year deadline i can ask immigration judge to pause or administratively close my case so i can live and renew work permit in usa indefinitely thanks
Unfortunately for you…There is always a chance that the IJ will deny administrative closure and order your removal…
BANDARI I was granted asylum in immigration court, before my hearing my lawyer told me the prosecutor offered a “deal” to avoid a hearing – for me to keep continue to leave in US and just renew Work authorization, I declined I filed for asylum within a year and had a strong case. But in your case if you filed for asylum after 1 year most likely IJ will deny.. so such “deal” that they offered for me is your best choice, so I suggest to talk with your lawyer maybe they will agreed for that, good luck!
You can try – you ask DHS (the prosecutor) if they would agree to prosecutorial discretion or PD. There are different types of PD – the case could be dismissed and then you could re-file at the asylum office. Mostly, this just buys you more time, but it could easily get you several more years or even longer. Alternatively, in some cases the judge will administratively close the case, which keeps the case alive and allows you to keep renewing the work permit. If a new administration comes with a new PD policy, they could re-calendar the case and force you to do the case. Most judges will only agree to dismiss, and then you cannot renew the work permit, but you can file again for asylum. Talk to a lawyer about the best ways to do that and what would be best for you. Take care, Jason
Hi Jason,
On the USCIS’s website says IJ can not give benefit (approve) unless background check is completed but i have heard IJ can make decision even without that, which one is correct? thank you.
I have not seen an IJ make a decision without the background check in many years. I have at least one case where that has been a problem and the decision has been repeatedly delayed. In the past, I have seen an IJ grant the case and tell DHS that if the background check reveals anything negative, they can reopen, but that was easily 10 years ago or more, and I do not know if any judge would do that today. Take care, Jason
Hi Jason. How long does it take for the decision to come after initial interview? I had interview about two and a half weeks ago and still haven’t gotten my decision. Also i was told that i will get my decision in mail.
Regards
Decisions in asylum cases are generally slow – months or even a year or more. I imagine some decisions come more quickly, but we have not seen that in a while. At this point, I won’t even inquire for a client unless at least 3 or 4 months have passed since the interview, but if you want to inquire, I did a blog post about that on June 2, 2021. Take care, Jason
Hi Jason ,
After the interview is it wise to inquire about the status after 4 or 5 months or wait for sometime.
In one of your response, I got an idea that there is a risk that they send your case to the court if your pressure them and background check is still in progress or not completed or not started.
Regards
Sam
I do not think there is a risk that they will send you to court if you inquire about the case. I just think there is no point in inquiring for at least a few months. Four or five months is probably a good time to inquire. I wrote more about this issue on June 2, 2021. Take care, Jason
Thanks Jason ,
The reason I asked this is because two months ago i.e in July I wrote to asylum office feeding them with the current country situation and information which has even gotten worse after 7 years and directly relates to my claim and was the reason of my persecution in my home country to re-inforce my claim and not to inquire about the status of the case.
they acknowledged my email.
I wrote after two months of interview and now it’s 5 months.
Is it a good time to make an inquiry of the case now.
Thanks
Sam
There is no particular time frame and you can make an inquiry any time. My personal opinion is that the inquiries do not do much, but they don’t hurt, so there is no harm in asking. At some point, if there is no response, you can try a mandamus lawsuit – we wrote about that on October 2, 2018, We did just get a decision yesterday for a case that was interviewed in February 2023. While that is only one case, it does illustrate that decisions are taking a long time, but once in a while, we do actually receive a decision. Take care, Jason
Hi Jason thank you for everything you do.
I had my individual hearing for Asylum and cancelation of removal in April 2023. The Immigration Judge asked us to come back end of June for a decision, but just 2 days before the decision hearing my attorney received call from the court and was informed that they are going to mail the decision. Till date we haven’t received any decision. I live in New York. I am getting job opportunities in different states as well. Can i move to different state while waiting for decision. Cost of living in New York is unmanageable.
You can move, but you have to file a change of address using form EOIR-33 (your lawyer can do that). This should not cause the case to move, since you only need the decision. You might also call the judge’s clerk to ask if there are any updates, but that is really up to the lawyer. Take care, Jason
Jason, personally, the real victims in this quagmire are the people who filed their I-589 applications many years ago. Implementing LIFO, under the guise of finding frivolous, fraudulent and non-meritorious asylum claims, was a huge disservice to affirmative asylum applicants. Aside from the rationale for using LIFO being BS, one could reasonably argue that this unethical and unfair practice is inhumane. The US government has decided to punish those who seek refuge because there might possibly be a few fraudulent/frivolous asylum claims. This does not only fly in the face of what the Convention stands for, but it also shows how ineffective USCIS is at doing its job. There should be internal controls, practices and systems- not punishment and compounded trauma- should be used to weed out frivolous and fraudulent asylum claims. It also boggles my mind that USCIS continues to use LIFO even though the evidence suggests that this inherently unfair practice is not deterring people from filing asylum applications! I mean, what is preventing USCIS from returning to the old way of processing I-589 applications? The reason is certainly not their limited budget or the migrants from Haiti, Cuba, Nicaragua, etc.
As well, USCIS is clearly stubborn as a mule- they simply ignore very good suggestions/recommendations, though unsolicited, that could help improve the backlogs and never-ending delays. Take, for instance, the EAD renewals, I-485 and the I-131 applications (these are just a few examples). These applications need not take more than 1 month to be adjudicated. USCIS could simply extend the validity of the RTD. They could also extend the validity of the EAD- or they could just have the EAD valid until the applicant has exhausted all of his/her appeals. GC and EADs can be issued automatically. There is not much that USCIS needs to do to verify an applicant’s background or check for eligibility. Making some simple adjustments to how they do things could free up so much time for the agency, which they could in turn use for other services. We live in the 21st century- not the 19th century. Everything is done by the click of a button nowadays. In fact, technology is so advanced, we don’t even have to click on anything to get results. Those at the helm of USCIS, like any other organization, have to employ creativity, and they need to think outside of the box, so their organization can stay afloat and function well. It’s not rocket science.
USCIS is no victim here!
Why not ask US govt to petition to UN to punish persecutors ?
Like, I mean, I have to take the sides of USCIS being a victim. They are the downstream…the root cause are persecutors. They don’t have to offer asylum but they are offering asylum. Why are they responsible for somebody else’s evil act ?
Why can’t U.S. drop nuclear bombs to like evil axis ? we have done that before…right ? If the U.S. and its allies could eliminate state terrorism and state persecutors. Then everybody would live happily forever after. A few countries to name: Russia, China, North Korea, Iran, Cuba.
https://en.wikipedia.org/wiki/Axis_of_evil
Am I correct to say that, by your logic, the US government should sever ties with the Convention, remove asylum laws from the INA, and formally declare that we are no longer a safe place (or an option) for those seeking asylum or refuge? Is it that the US government wants to have an asylum system in place or it doesn’t want to have an asylum system? If it is that the US considers itself part of the Convention and vows to offer protection to those who are persecuted in their country of origin, why would the US government grudgingly, and in some instances inhumanely, offer asylum/refugee status to those who seek it?
Furthermore, if you have knowledge of US history, you’d know that people, some of whom helped built the US and contributed to the Bill of Rights, the Constitution, etc., have been fleeing oppression, poverty and persecution in their country of origin and coming to the US for refuge. This not something that is new. And even when you and I are dead and gone, people will continue to flee in search of safety or a better life.
And while the US can levy some sanctions and encourage other countries to change how they treat their citizens, from a practical (and safety) standpoint, the US government can’t go around dropping bombs on countries that it perceives to be in violation of their citizens’ human rights. In addition, your conclusion that the US dropping bombs on other countries will solve the world’s problems is wrong- based on historical facts and common sense- as the consequences of doing so would actually be more asylum seekers/people seeking refuge rather than preventing people from seeking refuge.
Furthermore, aside from the fact that levying sanctions, dropping bombs, and having hegemonic relationships with other countries do create more asylum seekers/people fleeing their countries (Cuba, Haiti and Afghanistan, for example), you’ve failed to understand that these kinds of punitive/hostile measures don’t take into consideration the fact that people flee their home country for a myriad of reasons (other than human rights violations perpetrated by their governments): social unrest (like what’s happening in Haiti), displacement as a result of natural disasters, the effects of climate change (usually caused by larger, more industrialized countries), economic distress, etc.
I mean…
If the U.S. doesn’t choose to do what I recommend
Then, I don’t know why advocates complain about LIFO or some other measures taken by U.S. govt to filter asylum applicants…If the root cause is not addressed, it’s inevitable the asylum system will backlogged…I mean it should be obvious to asylum advocates…
Agreed. I do recall that the Trump Administration finally found its footing close to the end of their term, and so maybe the Biden Administration will do the same. That said, I have no idea why it should be taking so long to make such basic changes that will make life much easier for asylum seekers and for USCIS too. Also, why we are still under LIFO when the purported purpose is clearly not being served, I have no idea. Take care, Jason
Well said Jason and Jamie. I would like to believe USCIS has potential to do better. They have more information than us, and therefore, can come up with better solutions than us. I don’t believe there’s anything new we can suggest to them that they don’t already know.
And some solutions solve more than 1 problem. For example, streamlining the GC process will also see a reduction in EAD applications. People waiting for GC are forced to renew EADs, which they wouldn’t need if their GC are processed on time.
I also feel another way of discouriging government perpetrators is empowering Human Rights Groups. Apparently Animal Rights Groups have more authority.
Take Care.
I have ead already . Asylum was filed with uscis and i got ead after 180 days but was put in removal proceedings after failing asylum interview. At master hearing i went to court ( San francisco court) didnt have lawyer so judge rescheduled another master hearing. Did this stop my ead clock or does ead clock exist anymore in my situation like when i renew my ead will it exist asylum clock . My master hearing is in dec 2023 in 3.5 months and now i moved to new york city. Will this move further delay my case and cause another new master hearing in nyc court thanks.
Once you reach 180 days, you do not have to worry about the clock anymore, so you can renew the EAD normally. In terms of the move, you have to inform the court and DHS (the prosecutor) using form EOIR-33. You can also move the case to NY. Usually, this causes a delay, but given that cases move in unpredictable ways, it is impossible to say whether doing the case in SF or NY will be faster. If you have a lawyer, the lawyer can help to move the case and maybe speed things along, if that is your goal. Take care, Jason
Hi Jason, i am derivative asylee and got GC on my father basis. I got marriage last month from my home country and filed online for i130 for my Spouse. I am strange that i filed Application from Texas but got receipt from USCIS Texas Service Center. 1. Why? Please guide. Thank you.
It is pretty common to file an application in one location and get a receipt from somewhere else, and so I think it is nothing to worry about. Take care, Jason
Would you please tell me the interview questions embassy asked you as derivative asylee?
They can ask many things, but certainly, they will ask about your relationship to the principal applicant, your biographic info, the “bar” questions (whether you are a criminal or terrorist). They typically do not ask about the asylum case, but I guess they could. If you do not know an answer, make sure you say you do not know – don’t guess. You do not want to contradict what they already know, as that could cause them to think you are lying. Take care, Jason
Thank you Jason
.Hello Jason. Thank you very much for the many help you give us. I have recently received a green card through my family. I wanted to see if I can file form I-130 for my unmarried child over 21 years old who is a pending asylum dependent in court (his father is the main applicant) right now. By filing the form I-130 for my child, will it affect his EAD ( C08 )Category? Would you recommend me to file form I-130 for my child? Thank you very much again.
A GC-holder can file an I-130 for an unmarried adult child, but the waiting period is probably 8+ years and the child would most likely need to leave the US to get a GC (you can see wait times if you Google “DOS visa bulletin” and look at the appropriate category). So in other words, the I-130 is unlikely to help. However, if he were to get deported and leave, he could potentially come back in the future based on the I-130, so maybe it is worth filing for that reason. Also, aside from paying the fee, there is really no downside, as it would not affect his EAD or anything else related to the current case. Take care, Jason
Hi Jason,
As always thank you for the support to Asylum Community.
I am an LPR holder via asylum (Principal Applicant). The government (Political Party) I fear persecution has gone last year. I have left one more year to apply for citizenship. I wonder if travelling back to my country, visit family, and also celebrate with the new party leadership in power. This is the party I was supporting and being persecuted.
I searched for any negative impact of my travel on my status in USA and did not found any. Is my assessment right?
Thank you,
Seta
I wrote about returning to the home country on January 6, 2016, but here, it sounds like you can explain how you can safely return to your country. I do think USCIS can ask you about that when you naturalize (and when you return to the US), but if you can explain, I think you will be ok. Take care, Jason
It’s true that USIC is being asked to do so much with so little recourses, however their main problem is not knowing how to use these limited resources. A lot of forms (at least the forms that dont need background checks) can be automated which will shave off a lot of USCIS’s work load. Take the work authorization for example (which might be the most filed form), there is no reason this form is taking 1 – 2 years to be approved. If USCIS can offer 6 months or more of auto extension they can also do automated renewals. This will dramatically reduce USCIS labor and wait times and officers can focus on other tasks.
Another example is the travel document. I just dont know how this document makes sense in USCIS’s mind. its taking close to 18 months to be processed so the person can only use it for 6 months (before having to renew it again). They can simply automate it and increase validity time to 10 years (as recommended by DHS) and the problem will be fixed.
The confusing part about all this is that USCIS’s director comes from an immigrant family. I am sure she lived through her parent’s struggle with USCIS. How come she is not doing these simple steps to improve the life off immigrants. We are not talking about making it easy for people to mass migrate to the country but to help the people who are already in so they can focus on their normal life problems (just like normal humans) without warring about things like files being lost by USCIS, expired work permits, or not having a valid travel document.
Some of these solutions are very simple and can cause major positive changes. The fact that USCIS is not doing them is scary. I dont know if the reason is just USCIS is being run by incompetent people (which I doubt) or its just a planned strategy for reasons they know.
@ SUHAIB
Thank you for your contribution, you just articulated my thoughts.
I agree and I also do not understand why they are not making certain changes that would be easy, would make people’s lives better, and would reduce their own workload. I think it is a lack of leadership and vision, which is a real disappointment. On the other hand, I am sure they would argue that change is always difficult, as there are various regulatory impediments. I just don’t buy that, and I think they like to hide behind the bureaucracy to claim they can’t do things when in fact, they just don’t want to do those things. Take care, Jason
No logic applies to USCIS actions…
They are going back to 180 days extension for EADs…
https://www.jdsupra.com/legalnews/uscis-to-revert-to-180-day-ead-6721094/
I have heard this, but I have chosen not to believe it. It seems too ridiculous. I guess the lesson is that if there is some stupid thing they can do, they will do it (on the other hand, hopefully, it means EAD processing times will be improved). Take care, Jason
Exactly!
Hi Jason,
Hope you’re well. Currently my mom’s asylum is pending in immigration court. We are in NYC. At this time if she receives home health care (via CDPAP), is this considered a public charge and would hinder her asylum eligibility decision later on? I know once you’re an asylee you aren’t impacted by public charge but while pending, what happens? Also if I ever applied for her as a daughter, would that lock her out?
Thanks for all you do
Asylee
Asylum seekers and asylees are not subject to the public charge rule, so there is no issue. If she files for a GC based on your petition, she is subject to the public charge rule and this could have an effect, though I doubt it would block her, at least as the Biden Administration is implementing the rule. Maybe a different, more anti-immigrant administration would behave differently, but I am still not sure if she would be blocked or if you would just have to jump through extra hoops for her to get a GC. Take care, Jason
Thanks for the good piece.
I am also rooting for USCIS’ success because, for many asylum seekers, the USCIS is the ultimate savior by granting them asylum.
However, I really feel that the USCIS needs to start advising DOS or the white house/congress to issue punishment or sanctions against those persecutors. Like seriously, if the country only offers asylum and not deter and punish persecutors, I don’t think the “Too many people and not enough resources” problem mentioned in the blog will ever be solved without the recommendation I just made…
And it doesn’t make any sense…like if an asylum officer
If an asylum officer grants asylum, that means…they recognize that the persecutor/persecution as credible ? So they can identify the persecutors ? the people identified, and the deed deemed credible…shouldn’t there be a verdict…delivered ?
It is nearly impossible to identify persecutors and even if you do, they are usually not in the US and there is no real way to punish them. I do know of at least one example where the US government is catching and punishing persecutors – I wrote about that on October 23, 2013. Take care, Jason
Hi Jason,
Thank you very much again for your amazing job here.
I have a question regarding missing RFE notice. My green card application (based on asylum) is at National Benefit Center (Kansas). I checked my application status and USCIS sent me a RFE on Aug 24 but I have not received it yet. I believe it has been lost. I was wondering if you know where I can submit my medical examination. I assume you have clients who are living in NJ/NY and their applications are being processed at NBC. Thank you again for your support.
I do not have many clients there and I do not remember. You can try to contact USCIS about the RFE – follow this link: https://egov.uscis.gov/e-request and make an online request. If they just sent the RFE, you should have some time before it is due, and so maybe you can get them to resend. If you have moved, make sure you file a change of address using form AR-11, available at http://www.uscis.gov. Take care, Jason