They say you learn something new every day. I had always thought that asylum seekers, undocumented immigrants, and other non-citizens were not required to register for the Selective Service. Turns out, I was wrong. With very few exceptions, all males between ages 18 and 26 who live in the United States are required to register for the Selective Service.
Here, we’ll talk about the Selective Service requirement: What is it? Who must register? How do you register? What happens if you fail to register?
First, what is the Selective Service? The Selective Service is a system where young men register their name and contact information with the federal government. In the event of a draft (being called up for war or other national emergency), men are chosen from the Selective Service pool to serve in the military or–for conscientious objectors–to participate in some type of alternative service program.
There has not been a draft in the United States since the Vietnam War, and so for the last 50+ years, registering for Selective Service has basically been a formality (thankfully). Of course, as they say, past success is not a guarantee of future outcomes, and there is always a possibility that the draft will one day return, though that does not seem likely any time soon.
Who is required to register? Any male age 18 to 25 (up until your 26th birthday) is required to register. For purposes of the Selective Service, “male” refers to gender at birth. And so if you were born male, you are required to register.
For non-citizens, the only exceptions to this rule are for people on a valid non-immigrant visa, such as students (F or J visa), temporary workers (H1b, L), and tourists (B visa), among others. Men whose visas have expired or who entered the United States without a visa are required to register. Asylum seekers and asylees are required to register. Also, men with cases in Immigration Court or on appeal, and even men who have been ordered deported, but who are still here are all required to register.
There are two ways to register for Selective Service. If you have a Social Security number, you can register online. If you do not have an SSN, you have to print and complete a form (or get it from the post office), and then mail it to the Selective Service System. You will need to provide your full name, birth date, home address, email address, and SSN (if you have that).
Men who register are not asked to provide their immigration status (or lack thereof), and so there is no risk that registering with the Selective Service will result in being reported to the immigration authorities. According to the Selective Service website—
We do not now, or in the past, collect or share any information which would indicate a man’s immigration status, either documented or undocumented. Selective Service has no authority to collect such information, has no use for it, and it is irrelevant to the registration requirement. Consequently, there is no immigration data to share with anyone.
What happens if you fail to register for the Selective Service? The most common consequence for non-citizens is that it affects their eligibility to naturalize (i.e., to become a U.S. citizen). The naturalization form, N-400, asks whether you are a “male who lived in the United States at any time between your 18th and 26th birthdays.” If the answer is “yes,” you are required to provide your Selective Service registration information (which you can find here). If the answer is “yes” and you have not registered, and if you are still under age 26, you can register now for the Selective Service and obtain the verification information for the form N-400.
If you answered “yes” that you were a male who lived in the United States at any time between your 18th and 26th birthdays, and you failed to register and you are currently between 26 and 31 years old, “you must attach a statement explaining why you did not register, and provide a status information letter from the Selective Service.” When we submit explanations for our clients, we usually state that the person did not know about the Selective Service obligation and we apologize for the failure to register. You will also need to attach a “status information letter,” which you can find here. Alternatively, you can wait to submit the form N-400 until you are 31 years old, at which time the explanation and status information letter are no longer required (this is because you are only required to show that you are a person of good moral character during the five years prior to submitting the N-400, and the failure to register is considered a negative factor relating to good moral character).
For men who failed to register and who are 31+ years old, we sometimes submit an explanation for failing to register even though it is not required, as the person wants to explain why he failed to register.
Beside the immigration consequence, other consequences of failing to register for the Selective Service may include ineligibility for federal student aid, federal job assistance, and certain other benefits. You can also be subject to criminal penalties and fines, though it is unclear whether the government ever actually enforces such penalties.
The short answer here is that if you are a man between the ages of 18 and 26, you should register for the Selective Service. It is required by law, it helps demonstrate your commitment to the United States, and it helps ensure your eligibility for immigration and other benefits in the future.
Good Evening Mr Jason
I would like to seek your view on the following.
If an asylee’s relative ,benefiting from a approved petition , was asked to fill out the work permit application at the visa interview at US embassy before traveling to US , is there a need to file a new application for a work permit upon arrival in US or the one filled out by the relative at the US embassy will be processed by the USCIS and the work permit will be mailed? Furthermore, how long the process can take to obtain the work permit based on the assumption that the USCIS will process the application already filled out during the visa interview at US embassy?
Thank you so much for all your supports
There should be no need to fill a new work permit. I do not know the time frame to receive it once the person is in the US, and the time frame for work permits has been getting longer for certain types of applications. Depending on their status, the person may not need a work permit to work legally, but it is more convenient to have it. Maybe someone else has arrived recently and knows about the time frame. Take care, Jason
Dear Jason,
I want to express my gratitude for your thoughtful assistance. As a green card holder through asylum, I anticipate receiving my RTD soon, as it has been over 14 months since I applied. I have a couple of questions for you;
1. On the application form, I listed two random countries outside of my home country as the form required to mention countries where I’m intending to travel. Am I restricted to traveling only to those countries I mentioned on the application form, or can I visit any other countries that accept the RTD?
2. Is there a resource available that can provide information on which specific countries accept the RTD document and which ones do not? Knowing this is important for me since I do not possess a valid passport.
Thank you for your assistance.
1 – You can go anywhere. That is no problem. Also, you applied for the RTD long ago, and if anyone ever asks (which I think they won’t) you could have changed your mind about where you planned to travel since the time you completed the form. 2 – I do not know of such a resource, unfortunately. Some embassy websites list the documents that they accept. Otherwise, you need to contact the embassy to ask. Of course, that is not a great system, since the people at the border may not know what the people at the embassy say. As far as I know, my clients who have traveled with an RTD have not had issues visiting other countries, but it is best to learn as much as you can before you try to visit a country so you can avoid trouble when you arrive. Take care, Jason
Dear Jason,
My wife got a visa and came to USA three months ago based on I 730 form application.during the visa interview she submitted employment authorization document I765 form. As of today she didn’t get the receipt of it. She got her I 94 and social security already. When we go to motor vehicle administration for driving license they said we didn’t get a response from department of home land security. It looks she is not on the system. And then I called USCIS and asked them about the situation. They told me that they can’t see any application under her name except the I 730. And they advised me to resubmit the employment authorization document again. My question is that is it safe to resubmit it again? What willl be the reason that the motor vehicle administration couldn’t get the response from DHS?
Thank you
I do not know about the DMV, but in terms of the work permit, I guess she should submit a new form. I think she should provide an explanation (as you did above). Hopefully, you will not need to pay the fee, since it is still a first time EAD based on asylum approved (as a dependent). The person can work even without a work permit (see – https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees), but I do not know whether the DMV would recognize this or not – they should, but they can be difficult to deal with. Maybe try talking to a supervisor. Take care, Jason
Hello Jason,
I have a question, I have a pending aslyee case from 2018. This year I got married to my husband who is a USA citizen and also active duty military. We have orders to be stationed over-seas and i am included on his orders for this move. We read on the uscis website that spouses of military members can get an expedited naturalization if their foreign nationals, I wanted to ask if the same would apply to me someone who is currently living in the country but also a foreign national or would I need to apply for permanent residence based on marriage first. Any assistance is helpful. Thank you.
I have not done such a case and I do not know. There are periodic legal clinics to help soldiers and their families with immigration. I do not know about any specific events, but I hear about them periodically. You might look into that. I would imagine that you need to get your green card first, and you can try to expedite that process based on his orders – I wrote about expediting in general on January 29, 2020. Also, if you are living overseas, you need to try to “preserve your residency” for purposes of naturalization. In other words, you need a certain amount of time in the US with a green card to naturalize. However, in some cases, if you are overseas, that time can be counted as being inside the US. I do not know specifics about this, but it would be worth looking into. Take care, Jason
Hi Jason,
I am waiting for my asylum interview since 2018 I send expedite request twice my email but no response from USCIS, I talked with my attorney now and he told me only way to get an interview is to file a writ of mandamus to get an interview scheduled
Is it ok to file lawsuit against USCIS it won’t hurt my case,
And how long it takes to get an interview after the writ of mandamus is filed in the federal court
What are the chances that the USCIS will give me an interview and not fight the lawsuit ?
Thanks 😊
I think it is very unlikely to hurt the case, as I do not think the asylum office retaliates against people who file mandamuses – I cannot know for certain, but we have had a number of mandamus cases approved for asylum, and we once had a mandamus case denied under somewhat suspicious circumstances, but I doubt it was related to the mandamus (and he was approved pretty easily in court). In terms of the time frame, it seems to vary by office, but it is probably the best way to get an interview these days. Most times, I think they do not fight against mandamus cases, but again, that may vary by office and by case. Take care, Jason
Hello Jason,
I am an asylee in the U.S. My passport has expired. Would renewing it through my home country’s embassy in the U.S. jeopardize my asylee status? so I can use it for travels abroad (except to my home country) instead of using a U.S. issued travel document that may take too long to process and may not be accepted by a number of countries?
Thank you for all your help. Looking forward to hearing from you.
Best regards,
Solomon
It depends on the case and you should be prepared to explain why you renewed the passport and why the embassy was willing to renew it. If you do not fear your home government, this should be easy. If you fear the government, it may be less easy. I have never had a client lose their status (or even get into trouble) for renewing and using a passport, but it is best to be able to explain if asked. I wrote more about this issue on May 25, 2022. Take care, Jason
Hello Jason, I want to express my heartfelt gratitude for the invaluable assistance you’ve provided us. I’m inquiring about the possibility of expediting an asylum case that has been pending for six years. The urgency arises from the individual’s medical condition, which has been diagnosed as stress due to the prolonged case delays. Do you think this reason would be considered acceptable for expediting the case?
Thank you.
It is a good reason – I wrote more about that on March 23, 2022. However, it is very difficult to expedite these days, and the process is very arbitrary. Anyway, the person can try and hopefully it will work. If not, they might consider a mandamus lawsuit, as that can be effective at getting an interview. In any case, they need to try the “normal” way to expedite first and hopefully, that works. Take care, Jason
Could asylum office retaliate a person who did mandamus lawsuit ?
I suppose it is not impossible, but I think it is very unlikely and I would not let that possibility deter you from filing a mandamus. Take care, Jason
Jason,
I have a DACA status and recently was able to travel and come back to the US with Advance Parole Document.
My mom is a green card holder and my brother is a US citizen. Can either of them petition for me? What are your thoughts?
Also, do you know any experienced DACA lawyer?
Thank you.
I am not sure, as I do not do DACA cases, but I think if you have status based on DACA and you entered the US legally, which you now have, you can apply for a GC if your family member has a current petition for you. The problem is that these petitions take a long time to become current and you have to wait in line for a visa to be available before you can file for a GC (you can check wait times if you Google “DOS visa bulletin” and do not forgot to scroll down to see the second chart, which indicates the earliest you can file the I-485 form to get a GC). Wait times are long, especially for siblings, and a GC mother can only file for you if you are not married. I do not know a lawyer to recommend, but you can start by looking at the lawyer referral service at aila.org, as those lawyers tend to be better than average. I think you have to go to the bottom of the web page to find the link. Take care, Jason
Sharing my RTD (refugee travel document) approval timeline for benefit of others.
PROCESSING TIME: 16 months
— June 29, 2022 We accepted the fingerprint fee for your Form I-131, Application for Travel Document. Our Nebraska Service Center location is working on your case.
— July 15, 2022 The fingerprints relating to your Form I-131 Application for Travel Document, were taken.
— September 27, 2023 Case Was Approved. We sent you an approval notice. If you do not receive your approval notice by October 12, 2023, please go to http://www.uscis.gov/e-request.
— September 27, 2023 We produced your Refugee Travel Document.
— Since I have USPS ‘Informed Delivery’ activated, I know my RTD is on the way (its in reverse order):
Scan History
Sep 30
3:09 am
Arrived at USPS Facility
CHICAGO,IL 60653
Sep 30
2:36 am
Departed USPS Regional Facility
CHICAGO IL DISTRIBUTION CENTER
Sep 29
12:43 pm
Arrived at USPS Regional Destination Facility
CHICAGO IL DISTRIBUTION CENTER
Sep 28
2:49 pm
Arrived at USPS Regional Origin Facility
KANSAS CITY MO DISTRIBUTION CENTER
Sep 28
1:34 pm
Accepted at USPS Origin Facility
LEES SUMMIT,MO 64086
Thank you for sharing. It is really outrageous that it takes 16 months to produce a card that is valid for only one year. Hopefully, USCIS will increase the validity period to 5 years or longer. Take care, Jason
I am extremely worried about Nikki Haley’s rise, it appears that she doesn’t like asylum seekers.
She said that she wanted money to fix the border first and then address the root cause of humanitarian migrations…
I remember @Jason said that U.S. signed the 1967 protocol. So shall I assume that U.S. will not stop accepting and granting asylum to asylum seekers, even if Haley or Trump is elected ? Has U.S. ever reneged on some agreements it signed ? Could there be even a theoretical possibility of U.S. suspending asylum ? (like not accepting I-589 like for a year…like what the daca situation is…they are not accepting new applications…)
I remember I applied asylum shortly after Trump was elected but before he was sworn in…because I was worried that he would cancel or revoke entirely the asylum program…Now almost 7 years later… I am still in limbo…
The asylum program is part of US law and can only be changed if Congress passes a new law. So while the president can limit (or expand) asylum, only a new law can end it. Take care, Jason
I want to ask, do most immigration judges have a prosecutorial background (mostly govt lawyers or DHS officers) ? ?
Are there any immigration judge that used to serve as immigrant defense lawyers ?
They have all sorts of backgrounds. Probably more were prosecutors than defenders, but recently, we have seen a number of immigration attorneys appointed as judges. Take care, Jason
If an asylum seeker loses in circuit court of appeals, can this asylum seeker continue to fight for their case in the U.S. Supreme Court ?
They can try, but the court takes very few cases. Take care, Jason
It’s really sad…Supreme court should take more asylum appeal cases because it’s people’s life we are talking about…
Hi Jason,
I am on H1B status without a visa. But I do have an expired F1 visa. Under the automatic visa revalidation provision of U.S. immigration law, described in both 8 CFR 214.1(b) and 22 CFR 41.112(d), I am able to go to Canada for 30 days or less without a need of a visa to re-enter to the U.S. I am wondering :1) If my pending asylum will affect my eligibility to return to U.S. 2) If I need to close my asylum case to use automatic visa revalidation provision. Thank you!
Sorry, I do not know anything about this. I would certainly check with a lawyer before leaving if you want to return. Also, you should be able to get an H1b visa in Canada, and the pending asylum should not affect that (since an H1b is a dual intent visa, meaning – although it is a non-immigrant visa, even if you intend to stay in the US permanent based on asylum, you can obtain the visa). Even so, I would definitely talk to a lawyer about your specific situation to be sure you can return if you leave. To withdraw an asylum case can take months – I wrote about that on December 7, 2022. Take care, Jason
Dear Jason ,
I’m asking for somone . She entered through border and got detained .later on she attended few master hearings and few individual hearings. 1st individual hearing judge rescheduled 2nd individual hearing got resdualed by judge . 3rd individual hearing judge said the government ask for administratively close the case and he is supporting the government idea . on the other hand my friend and lawyer appealed and going against administratively close case and they want to be interview for asylum in the court . The judge also said you can go apply asylum with uscis . Now here is my question :
1. I have heard only people who came with visa can go through uscis . How come judge say that if from beginning you are defensive case ?
2.a person who started defensive asylum case , if now go open the case with uscis, Obviously the government might deny his case again and refer her to court .
3.can judge close the case without interview her about her case and going through her case ? If so then 7yrs of somone life just got waisted for waiting for interview, now the case is closed and send back to initial stage ?
Thank you for your support to asylum community
1 – When someone arrives and seeks asylum at the border, they get put into immigration court. If the case is dismissed, the person can apply affirmatively – keep in mind the one-year filing deadline (a person must file for asylum within one year of arrival or within a “reasonable time” of getting the court case dismissed; I wrote more about that on January 28, 2018). Also, the person would probably have to file at the Asylum Vetting Center in Atlanta – check the I-589 instructions at http://www.uscis.gov. Finally, if the case has been “administratively closed,” it is still pending at the court. If the case is “dismissed,” she can file affirmatively. 2 – that is true. The wheel is spinning around and around. 3 – My understanding is that the judge can do this. It is ridiculous, but I believe it is allowed under the rules. Maybe she can fight that on appeal, but I have not yet dealt with that problem, and so I am not sure. Take care, Jason
anyone worried about trump’s reelection
Hi Jason,
Here is a link of policy manual where the category of C8 is mentioned as well.
Thanks
Sam
Hi Jason ,
I saw a press release today on uscis that EAD period for certain categories is going to be increased for 5 years and C8 category is listed in the policy manual for this new change.
Some improvement which is a good sign of further improvements
Here is the link to PR
https://www.uscis.gov/newsroom/alerts/uscis-increases-employment-authorization-document-validity-period-for-certain-categories
This is good news. Any idea if RTD is included as well.
Thanks.
@John no it’s for EADs only of different categories , I think it’s a good start and will pave a way for RTDs as well in future.
Thanks
Sam
There is no news about the RTD, but hopefully, they will make that change, as it is important and seems like a super-easy fix. Take care, Jason
@ Sam : Thanks for sharing & this is really good news.
@ Jason – Can you help me ? you might have filled for your clients before. Here is my question?
We were proceeding cancelation of removal after my asylum denied, moreover my case was closed two months before(administrative close)
Now, we are in the process of renew work permit and trying to find the answer for these two questions.
Item : 27 – Eligibility Category , What should I fill? C8 or C10 (cancellation of removal)
My asylum was rejected first, then applied Cancellation of removal..
Item 25: Your current Immigration status : Can I write “Administrative closed” because I can’t put “asylum pending” since my asylum was rejected already.
If you admin closed, the case is still pending, but there is no court date. If so, you should just look at the expiring work permit and use the same category listed there. I am not sure what you mean that your asylum case was rejected – it was never filed? Or it was denied? If your case was admin closed, any application that you made should still be pending. For your status, you can list that application or you can just write that your case is in immigration court and is pending or admin closed. I do not think it really matters, as long as what you say is true. In other words, there are different “correct” answers to this question, and so you can answer it different ways. Take care, Jason
Thank you Jason. I mean to say “Asylum denied” anyway I will keep “C8” and Admin closed.
Yes, and it is good news. It shows that USCIS is finally, finally recognizing the reality that these cases are taking forever. Hopefully, they will take some other actions too, to try to improve the asylum process itself and reduce wait times. Take care, Jason
Hi Jason,
I was granted asylum over a year ago, and now I’m getting ready to submit my I-485 application for a green card. I obtained a Refugee Travel Document (RTD) in May, but I hadn’t submitted the I-485 application at that time yet. Do I need to separately request advance parole to travel while my green card application is processing, or can I use the RTD I already have from May to travel while my green card application is pending?
Thank you.
The RTD is the correct document to use for asylees, even if they have a GC application pending. As long as the RTD is still valid, you can use it to return to the US. Some countries may require 6 months of validity on the RTD, which can be a problem since the document is only good for a year, and so you may need to use your passport to visit the other country and you can return here as long as the RTD is valid. I wrote more about this issue on May 25, 2022. Take care, Jason
Hello Jason,
I really appreciate, things you are doing for asylum seekers.
1. I live in Orange County. I’ve been waiting for an asylum interview from last 7 years.
Do you have any idea, how long it’s going to take ?
2. I applied my work permit renewal 6 months ago and I haven’t get my work permit yet.
I heard, after October new work permit will be for 5 years instead 2 years. Is this true ?
I hope to hear from you soon.
With regards
1 – I have no idea, but I doubt it will be any time soon unless you can expedite (I wrote about expediting on March 23, 2022). 2 – My understanding is that work permits issued after October 1 will be valid for 5 years, so that should be you (assuming you don’t get the card in the next few days). Take care, Jason
“My understanding is that work permits issued after October 1 will be valid for 5 years,” Is it for real ??? That would be very good news
Yes, it has been announced and will go into effect in a few days. Take care, Jason
The lingering worry is that when/if tr*mp is reelected he will rescind this rule.
I was interviewed on December 15, 2022 and My asylum decision has been pending since then. I had filed the case in February 2017. Can I do Mandamus to get a decision in my case? In order to mandamus, Is it required to wait at least 1 year since the interview?
There is no requirement to wait for a year. However, you have to try the “normal” ways to get a decision first – I wrote about those on June 2, 2021. We also wrote about mandamus cases on October 2, 2018 if you are interested. Take care, Jason
Good day Jason,
I’m in the process of applying for re-entry permit for my child. He’s a permanent resident.
1- Since the application of it take more than a year before they approved it, can he still travel and wait for it outside the US?
2- Because it’s valid for 2 years, if the application take a year before approval, do that waiting time count against you?
Thank You!
The Re-Entry Permit is not always good for two years – it depends on how long you’ve had a GC and how much time you’ve spent inside the US. I think the instructions discuss this. In terms of picking it up while he is overseas, I believe that is possible, but I am not sure. He does need to be inside the US at the time he files and be here for any biometric appointment (though these days, there is usually no biometric appointment). I would check the instructions to be sure about overseas delivery, as I have not done that for anyone in a while and do not remember for certain. Take care, Jason
Hi,it’s been a year since my asylum was approved, I am preparing my green card application.
I have few questions
1. There is question asking for inspection for last arrival in the United States what was your status
Few months after being asylee I got refugee travel document and traveled outside of the US for 3 weeks, when I came back I was inspected by CBP but they didn’t put or write anything in my refugee travel document, they didn’t even tell me what status I m being admitted ,is it admitted as asylee, or what?
2. They ask also the I-94 number of last arrival, my last arrival was with RTD what should be the I 94 number how to get that one , the only I have was the one mailed to me with asylum approval, can I put that one as last I 94 on arrival
3. One question was on unauthorized work, to answer Yes or No.for a period of few month I did uber as uber driver and my work authorization had expired, in fact uber does not require EAD to drive on the app they only require Drivers license. Is this considered as unauthorized work or should I put No,on the question.
1 – I think it is asylee. You can attach a copy of your RTD + the old passport, visa, and I-94 that you used to enter the US before you applied for asylum. That way, USCIS will have all the info it needs. 2 – I would use the one with the asylum approval + attach a copy of that and the old I-94, as discussed in # 1. 3 – I am not sure, but you can put whatever you think is best and then write “see cover letter” next to the question. In the cover letter, you can provide an explanation about what happened (as you did here). Take care, Jason
Hello jason
I was granted asylum on january 2020 and i applied i applied my greencard right after one year which was febuary 2021, since then my greencard was pendinh. They just approved my greencard september 2023. After i looked the gc card they backdated to one year september 2022,. So is that mean i wont be eligble to apply citizenship untill 2027 , four years from now. I will lose the 3 years which was it was pending. Thank you
That is correct. You also “lose” the time you spent waiting for asylum. The system is that they back-date the GC one year from the date it is issued. Assuming you meet all other requirements, you can apply for citizenship 4 years and 9 months after the date on the GC. Take care, Jason
Hi,
Minutes ago I checked the asylum application status, and it says Fees Were Waived. And a notice was mailed.
May it be that my case was approved?
Please, advise,
Thanks,
Yes…congrats…
It is a good sign, but you have to wait for the paper letter to be certain. Good luck, Jason
Hello Jason,
I’ve been waiting for an asylum interview for a long time. How can I do to request an expedited interview? What are the requirements to request an expedited interview?
I hope to hear from you soon.
Terranova
I wrote about that on March 23, 2022 – that post should give you some ideas. Take care, Jason
Dear Jason,
I just got letter about the interview on i485. Because me and my wife are having rough times in our relationship I would like to delay the interview. If the government agrees to do so how long the delay would be?
Thank you, MA
@MA
WHAT is the reason for you to delay the interview and what woulf happen to get delay this interview.
I am not judging you at all, but either you legit married or not .. Either way USCIS will find out the real part.
Dove, you claim you are not judging but proceed to judge!
When people preface “I am not…” usually it means what comes next is the exact thing that they are trying to negate lol
@Jamie
May be I didn’t put the words in right way I should have been, but delaying the interview nowadays is carastrophic. Peaple waiting for these interview eagarly nowadays. Not quite sure when this person will be called to interview again once it gets postpond.
I do not know, but usually, delaying an interview is only a short delay – maybe a month or two. Take care, Jason
Hello Jason,
Thanks so much for all you do. I write to ask for your help. My EAD expires on 10/28/2023.
Please when should I apply for renewal?
Thanks so much again
It depends on the type of EAD, but you should be eligible to apply now (for asylum granted and asylum pending EADs, you can file to renew up to 180 days before the old card expires). The good news is that the next card should be valid for 5 years, under the USCIS’s new policy. Take care, Jason
Selective Service registration for males is based strictly on sex assigned at birth. It surprises me that “activists” don’t get around to noticing this.
Are you trying to ridicule me ? If I identify myself a woman, I will not register. Requiring me to register is discrimination based on gender identity.
https://transequality.org/issues/resources/selective-service-and-transgender-people
I hope you don’t consider an outdated requirement automatically establishing the truth or righteousness of it. The law needs to be amended, so is INA. And that’s something asylum advocates should also be pushing for.
Hi Jason,
I have an Asylum status, and I am a holder of a Refugee Travel Document. My RTD expires on April 2nd, 2024. Can I travel from December 16th – January 15th, 2024? My concern is can I return back to the US with a document that has less than three months validity?
Thank you.
Whether you can use the RTD to visit another country, I do not know (you could use your passport – I wrote about this on May 25, 2022). However, there should be no problem returning to the US, as long as the RTD is valid, even if there is only a day left on the RTD. Take care, Jason
Hi Jason, my most sincere gratitude to all your support.
After 4 years of waiting, I had my asylum interview about 2 years ago. At the end of the interview, I was told the result will be mailed to me in 4 to 8 weeks, which obviously has not happened yet.
My questions are:
1. Is it common for Afghan asylum seekers (which is where I come from) to wait that long?
2. What are some steps that I can take to kind of expedite this?
3. I am thinking of suing the USCIS. Will that expedite my case?
Very much appreciate your support!
1 – Very common. A recent lawsuit will help Afghans who arrived under the OAW program and who are waiting for decision, but I think it will not help other Afghans, 2 – I wrote about this on June 2, 2021. 3 – Yes. We wrote about this on October 2, 2018, but you have to try the “normal” ways to get a decision first, as discussed in the June 2, 2021 article. So try that, and if it does not help, talk to a lawyer about a mandamus lawsuit. Take care, Jason
I was in same boat; same country as yours.
Took 3.5 years for interview. And another 3.5-4 years for a decision. I tried all routes to expedite and did not work. At the end, contacted Ombudsman office. My decision came right away but it never was clarified if it was in response to my inquiry.
When I look at my case number here: https://hilites.today/, I noticed that most cases who filed around the same time with me took 7-8 years to get a decision.
Hopefully you get a positive result.
Hello Jason
I am a naturalized citizen though the asylum process. I am engaged with a non U.S. citizen who has been coming and visiting me here once a year on B1 visa. Every time she is admitted on visitor visa for a duration of 6 months but she normally spends 4 weeks before returning to her home country. We have decided to get married and she moved into the US permanently. Now my question is should I submit I -129f and get her here through fiancé visa or should we adjust her status once she arrives here on her current B1 visa which is good for 10 years…
Please kindly advise
Loe
You can do either. I personally do not like the I-129F, as it takes an unpredictable amount of time, and once she is here, it takes additional time to complete the case, but depending on your needs, it may be better. If she files after entering on the B visa, she has to wait a period of time (I think 60 or 90 days) after arrival. Otherwise, USCIS might presume that she intended to immigrate here at the time she entered with her nonimmigrant visa, and this could cause them to accuse her of fraud (entering with a nonimmigrant visa when she had an intent to immigrate). Maybe talk to a lawyer about the best way to approach this, but if she enters on the B visa and waits the appropriate period of time, she should be fine. Take care, Jason
The administration is once again soft on a certain totalitarian country, opening economic dialogue such.
Dear Jason
Quick question
Im an asylee
I applied for refugee travel documents but rejected because i didn’t pay the fee although it should be free if applied with green card application and i resent them again with explanation again they ask the same shit
Im tired of explaination
What is the RTD fee i wanna write them a check!!
Thanks
The fee is $220 and the check is to “US Department of Homeland Security” (you can also try a fee waiver using form I-912, if you are eligible, but that may cause even more delay). Normally, if it is the first RTD and you send the receipt for the I-485 (or apply together), USCIS should not charge for the RTD. However, here, it sounds like they are screwing up or something else is wrong, and maybe you are better off just paying. Take care, Jason
Hî Jason and thank you for all you do.
I applied for I-485 adjustment of status in February,I checked my case status yesterday which is telling me’we transferred your case to another USCIS office,That office now has jurisdiction over your case.
My question is,what does that mean?
Thank you
USCIS often moves cases around during processing and I think it is nothing to worry about. Why they refer to “jurisdiction”, I do not know, but maybe you filed the case in the wrong office and now they moved it to the correct office? Either way, it sounds like they are processing the case and there is no problem. Take care, Jason
I feel a little triggered by this article tbh because it mentions men……
gender is no longer a simple thing…Sometimes it’s difficult to know what a man is…
but that aside, I would like to ask. How receptive today are most asylum advocates regarding the whole gender ideology thing…should I assume it’s a safe space to…talk about that with an asylum advocate ?
A lot of people who don’t fit in this traditional gender binary have to seek asylum in the U.S., but I am worried that some asylum advocates clearly don’t feel comfortable with this…And I would assume a lot of asylum officers and IJs won’t be comfortable with a gender variant asylum seeker either…I am worried such asylum seekers will be denied asylum…
The root cause of the confusion comes from the interchangeable use between sex and gender. Sex and gender are not the same thing and do not refer to the same thing.
Sex refers the biological characteristics people are born with, typically genitals or a genetic karyotype (XX or XY chromosomes) are good indicators of someone’s biological sex. Nothing in biology is absolute, and so there is a scale (also referred to as a spectrum). The scale ranges from male to female. Typical characteristics of a male are penis for genitalia and functioning XY sex determining chromosomes, and for a female are vagina for genitalia and functioning XX sex determining chromosomes.
Keywords I used are ‘indicators’ and ‘functioning.’ As I indicated, nothing in biology is absolute. A person could present with a vagina for genitalia, but with an XY karyotype. Are they male or female? This upends our understanding of XY for male and XX for female. Spoiler alert: to form a penis for genitalia, not only do you need to have XY chromosomes, but also need to have the SRY gene present on the Y chromosome, AND the gene needs to be functional. Another case is a person with a penis but XX chromosomes. This only highlights that sex determination is way more complex than the very elementary understanding most people have of it.
Gender, also referred to as a gender role, is the psychological character a person adopts in society. This is heavily influenced by said society and a person’s early upbringing. Similarly there is a scale (moderates would arguably accept it as ranging from male to female – others would argue it could be any character with any label). The typical male character is generally accepted as a person who has features as short hair, deep voice, and who uses He/Him pronouns and etc… while a female character is generally accepted as having long hair, soft voice, and uses She/Her pronouns. People are not born with the binding ability to adhere to these man-made conditions. If a person has long hair, but uses He/Him pronouns, does that make them a male or a female? It’s just a matter of character, how they act, and what they’re comfortable with, and so the gender argument begins.
If anyone, including people acting on behalf of the U.S. government, ever denied you your natural right to say or be who you are, then, they are at the very least violating your civil rights, and at most are uninformed people that are acting upon the very basic education their local school had to offer them. I’ve interacted with scholars from some of the biggest schools from around the world, and they all seem to agree that affected people will (unfortunately) suffer from discrimination on this topic for a while, or maybe at least until the world is educated. But until then, stay safe and be proud of who you are not matter what your sex or gender are.
Well said (I particularly like the “spoiler alert”). For purposes of Selective Service, though, the determination is easy. If the birth certificate says “male”, you have to register. Take care, Jason
Unfortunately discrimination alone will not be a basis for asylum.
True, but our office does a lot of transgender cases (mostly trans women from Central America), and those cases are almost always granted because such people face discrimination AND persecution. I suppose one often leads to the other. Take care, Jason
Very good. I applaud that.
Trans women around the world, probably except Finland or Denmark…almost all need protection and should be able to get asylum…
I guess I am just sad that this gender ideology thing right now is a very controversial issue in the U.S.
I imagine some decision-makers are not comfortable with gender issues. However, I have not seen any problems with decisions in such cases due to the decision-maker’s prejudice. In fact there, is specific training from the government for judges and asylum officers related to gender issues and sexual orientation, and such cases tend to be very strong (because such people are so badly treated in many countries). Take care, Jason
“Men whose visas have expired or who entered the United States without a visa are required to register.” It’s not the visa that matters, but status. US visas are solely for entry. It’s perfectly normal for someone to be in legal nonimmigrant status with an expired visa; such a person is not required to register.
Fair point. Once the person’s non-immigrant status expires, they have to register if they are here. Take care, Jason
Hi Jason,
I recently received asylum approval after waiting for eight years. In the past eight years I remained in the United States without traveling to overseas. Per your information I read in your blog, I should wait for one year to apply for green card. I am wondering if there is any legal provision that entitle me and individuals in my situation to directly apply for the US citizenship because I already resided in the US for more than eight years. I hope this is some pathways to follow.
There is no way to get citizenship in this way. However, you no longer have to wait one year to apply for the GC. Most lawyers (including me) are recommending 6 months, but you can apply any time after receiving asylum – I wrote about that on February 8, 2023. Also, once you gt your GC, it should be back-dated one year, which allows you to apply for citizenship a bit sooner (4 years after getting the GC instead of 5, and you can mail the application 90 days before the 4-year anniversary). Take care, Jason
Hello Attorney Jason,
Thanks so much for all you do for the asylum community. God will bless you. I am filling out the online form to renew my work permit. I am not sure what to fill out on Item Number 25. Your Current Immigration Status or Category.
I am still waiting for my Asylum Interview which I applied at the Asylum office.
Please do help me.
Regards
For that, we sometimes put “B-2 expired” or whatever visa you entered on. Otherwise, you can probably write “asylum pending.” I think it does not much matter (though to be honest, I have not filled that form online and do not know what all the options are, but for the paper form, USCIS seems not to care what you write, as long as it is basically correct). Take care, Jason
Hello Jason. Thank you for helping us. As far as I know, if I move to a different state which is associated with a different asylum office after the interview but before the decision, I have to go through another interview session at the new asylum office. To be scheduled for the second interview, do I have to wait another 6-7 years (as same as the first interview)? or will it be very quick?
If you have already been interviewed, you would not normally need to be interviewed again. Some people get second interviews regardless of whether they move or not, and if you got a second interview for that reason, it would be at the new asylum office. However, moving alone should have no effect and the office that interviewed you should issue the decision. Take care, Jason
Hi Jason,
I hope your summer is going well!
QQ- I have an asylee-based green card and work for the government (county-level). Are there ways to expedite my naturalization since I work for the government? Or do I still have to wait for 4 years to apply for citizenship? Many thanks!
I know of no way to make that faster – the soonest you can apply is 4 years and 9 months after the date on the GC, assuming you meet all other requirements. Take care, Jason
I cannot for the loving god of my life figure out why I seem the only affected by EAD discrimination ?
Where do y’all DACA and asylum folks find professional employment opportunities with employers who don’t discriminate you based on EAD status ? Like whenever my asylum pending status is known, usually it’s not moving forward……
I need a job to pay rent and afford a living, while I wait for asylum adjudication…and frankly…some people are granted withholding of removal, some people are in daca status … are these people permanently blocked from professional works ?
Most of my clients have jobs and immigration status is rarely an issue, as long as they have a valid EAD. There are plenty of state and local resources available for job seekers – one place to start is the local library. Take care, Jason
I guess more than that, I need a career not just a job. I don’t want to be a cashier for the rest of my life.
There are many people with temporary immigration status…some people are granted withholding of removal, TPS… but won’t qualify for residency forever… If professional employer has a problem with my immigration status, that is a serious issue…I don’t want their discrimination cost my career development…
To be honest, I’m not sure what industry are you in, that discriminates you basing on having pending Asylum EAD. I’ve been waiting for interview for almost 8 years now, and all companies I worked in never had discriminated me or were concerned by me having c08 type EAD.. sometimes it took me a minute to explain it to recruiter, but that’s basically it.. and I’m a designer, not a cashier
I know there’s some positions that only allowed for citizens or green card holders, but there are plenty of others that would allow c08 EAD..
Hi Naya, thanks for sharing you experience.
Do you mind me asking which state are you located ?
I feel it’s because my state is not very immigrant friendly…or asylum seeker friendly…
Most employers only like OPTs/H1Bs…
In professional settings, many employers may disregard your eligibility for employment with an I-589 EAD. Instead, they tend to favor individuals with temporary statuses like F-1 OPT. This preference for OPT-based EADs over I-589 EADs is often due to the fact that employers can sponsor other EAD holders based on their legal status or provide them with an Adjustment of Status (AOS) option. In contrast, I-589 holders lack these benefits, and if asylum is denied, employers cannot retain them. However, for other EAD holders, employers can potentially offer H1B status as an alternative.
@Mizra, thanks for saying this.
It’s entirely what they are thinking.
I know I am not being reasonable in this. But theoretically, an H-1B visa or an L-1 visa could also be denied just like asylum…
In fact, anybody who is not a natural born citizen could lose their work eligibility…(a naturalized one could be denaturalized). Why employers believe that H1B visa is more likely to succeed than asylum ?
But it is what it is…An asylum seeker should be able to pursue their profession while waiting for asylum…Now that employers’ discrimination is established…is there anything we can do about it ?
In professional settings, many employers may disregard your eligibility for employment with an I-589 EAD. Instead, they tend to favor individuals with temporary statuses like F-1 OPT. This preference for OPT-based EADs over I-589 EADs is often due to the fact that employers can sponsor other EAD holders based on their legal status or provide them with an Adjustment of Status (AOS) option. In contrast, I-589 holders lack these benefits, and if asylum is denied, employers cannot retain them. However, for other EAD holders, employers can potentially offer H1B status as an alternative.
But what is even a man lol…
I heard that it is very difficult to give a definition of what a man is…
Good Morning, Sir I always appreciate your help. May you get rewarded highly for this social work. I am on a pending asylum since 2016 and waiting for an interview.
My son is turning 21 who is a dependant in my asylum case. What will be his options in this situation. Can my son apply for student visa or any other visa? Kindly help.
Even if your son is 21 or older, he can remain a dependent on your case as long as he is in the US and unmarried. However, unless he is in some type of valid non-immigrant status at this time (and asylum pending does not count), the only way he can get into F status is by leaving the US. Given that he is an asylum seeker dependent, he will probably not be issued an F visa overseas, since that visa requires that the applicant promise to leave the US at the end of their studies, and he cannot do that (since he has asked to stay permanently through the asylum case). Most asylum seekers can attend school with a work permit, so maybe he can try that. Otherwise, I guess he can talk to a lawyer about other options, but almost everything (except marriage to a US citizen) would require him to leave the US and return, which may not be possible. Take care, Jason