What should you file when you first file for asylum?
Here, we’ll discuss the documents needed to file an asylum application at the Asylum Office or in Immigration Court. Different lawyers have different opinions about filing an asylum application, but for me, the best bet is to keep the initial filing to the bare minimum.
Let’s start with the Asylum Office. These days, you have a choice of filing by mail or filing online. In my practice, I am starting to file more frequently online. There are benefits to this: You get the receipt and biometric (fingerprint) notice within a few hours or a few days of filing, you can easily upload evidence and be sure that it is received (the Asylum Offices have a history of losing evidence), and you save paper and mailing fees. There are also some disadvantages, primarily that the online asylum form is awful. It is annoying and time consuming to enter data, it is difficult to read and review, and the interface between the lawyer and the client is awkward. Why USCIS could not have created an easy-to-use online form, I do not know. For online filings, we prepare the “regular” I-589 form with the client, and once that is done, we enter all the data into the USCIS system. This is more time consuming, but it is easier to see and review the client’s information. Overall, for me, the advantages of filing online outweigh the disadvantages (barely), and so we are moving in that direction.
What documents should you file? Certain documents must be included with the form, whether you file online or by mail: A copy of all your passports and all your dependents’ passports; if you are filing with a dependent spouse, you need a copy of your marriage certificate and a certified English translation; if you are filing with dependent children, you need a copy of each child’s birth certificate plus a certified English translation. For the passports, you are supposed to include a copy of every single page of your passport(s), even blank pages.
Aside from these required documents, we do not include anything else with the initial filing. Why is that? Asylum cases usually take years–sometimes, many years. During that time, things change. If you file an affidavit and evidence with the initial application, they will likely be out-dated by the time of the interview.
Of course, nothing is ever that simple. The problem is that under LIFO, the last-in, first-out policy where USCIS gives priority to new cases over older cases, it is possible that you will receive an interview soon after filing. In the unlikely even that this happens, you need to be prepared for the interview.
Given the uncertainty and the long delays for most applicants, I believe the best approach is to prepare the affidavit at the time of filing, but not to file it. Also, I think it is best to gather as much evidence as possible at the time of filing, but not to file that either. The idea is that you will be ready to file your affidavit and evidence quickly if you are one of the few people who receives a fast interview. If not, you can update the affidavit and evidence later, when the interview is scheduled (keep in mind that interviews are often scheduled with only a few weeks notice, so there will be limited time to update everything and get it filed).
For people who have already filed their application and evidence, it is of course possible to file additional evidence and a supplemental affidavit. I just think this is not the best approach if you can avoid it, since having two affidavits can be confusing, and risks creating inconsistencies. Also, there is no benefit to having old country condition evidence, as the Asylum Officer will generally only consider the more recent evidence (unless the old country condition evidence relates directly to incidents in your case). For all these reasons, in my humble opinion, it is best to prepare your case as much as possible, but only file the minimum required documents and keep the rest until the interview.
So that is the approach for Asylum Office cases. What about Immigration Court?
In court, the procedures are more complicated. Any document that you file with the court must also be filed with the Department of Homeland Security (the prosecutor). Also, you have to send a copy of the first three pages of your asylum form (plus other documents) to USCIS in order to get a biometric appointment. Other than that, the logic of the initial filing is basically the same as for an affirmative asylum case.
There are a few differences worth mentioning, however. The biggest difference between the Asylum Office and Immigration Court is that you usually have a date for the final hearing in court, whereas at the Asylum Office, it could be in a few months or it could take many years. Of course, court hearings sometimes get moved around at random, but generally, you will know when your evidence and affidavit are due. Another difference is that Immigration Judges sometimes compel you to include additional information or evidence with the initial filing. If so, the judge should explain what is needed.
Sometimes applicants want to advance their cases. If so, it may make sense to file whatever evidence you have. That way, the judge will see that you are ready to go, and might schedule your case more quickly.
So there you have it. It seems to me that the best approach to an asylum case is to keep the initial filing to a minimum, but to have the affidavit and evidence ready, so you can file them as soon as they are required.
Hello Jason,
I have had an asylum application pending since 2015, and I’m still waiting for an interview. I’m considering filing a Mandamus. I have a quick question: Does a Mandamus simply compel them to schedule an interview, or does it also compel them to provide a decision? I’ve heard of people waiting for years to receive a decision after their interviews, so merely getting an interview doesn’t seem to address the issue. Do you think a case from 2015 is strong enough to warrant a Mandamus?
You should try to expedite the “normal” way before filing a mandamus (I wrote about some ideas to expedite on March 23, 2022). If you do not do that, the judge in the mandamus case could deny your case for failure to “exhaust your remedies” (i.e., attempting to expedite in the normal ways). For mandamus cases, normally the Asylum Office agrees to a schedule by which they will give you an interview and a decision. Without an agreement on the time frame for a decision, I agree with you that the mandamus would be pretty useless. Take care, Jason
Yes, Jason, I’ve followed all those steps – contacting senators and representatives multiple times, inquiring about my case, and requesting expedited processing twice. I believe it’s time to consider filing a mandamus. Do you think filing a mandamus could have a negative impact on my case?
I doubt it would have a negative impact on the case – in my experience, they adjudicate the cases without regard to whether a mandamus was filed or not. Good luck, Jason
Hi Jason,
Hope you’re doing well! I have my EAD C08 category with an expiration date Sep 2024. When my Asylum was approved, the office sent me EAD A05 Category with an expiration date Feb 2024! Can I assume I can use my C08 card since it’s expiration date is until Sep-24? And why would they do that?
Best Regards,
Asking why USCIS would do anything is a recipe for going insane, and so I have no idea. You should have received a 2-year EAD based on category a-5, but the fact that USCIS made a mistake is not really news. I am not sure whether you are technically able to use the c-8 card once the a-5 card expires, but I am not sure why it would make much difference. Also, you actually do not need any EAD to work lawfully once you have asylum (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). Finally, you no longer have to wait a year to apply for the Green Card (I wrote about this on February 8, 2023), and so you may want to file for that soon. Once you have the GC, you no longer need an EAD. Take care, Jason
Hello Jason, my friend just had their case terminated in immigration court. However being they are now unable to get an ead what do you think is the better option, waiting another year and try to reopen the case to try and get a 10 year removal of cancellation or to file a brand new 589. If they file a brand new asylum case would their case begin anew like any other case would(there isnt much detail about filing another a new case after termination) or does it begin at immigration court?
It depends what other options they may have (for example getting a GC in the US or overseas based on family or a job). If they have no other options and assuming the court case was dismissed and not just administratively closed, we are generally filing a new I-589. It gets filed at the Asylum Vetting Center in Atlanta, GA (see the Special Instructions on the I-589 web page at http://www.uscis.gov). Such cases must be filed by mail and so far, none of the cases we have filed this way got a fast interview under LIFO, and all are currently in the backlog. We have not done this too often, but maybe 3 to 5 times so far. I do not think that any of the cases will be interviewed any time soon, but they can get a new work permit after they wait 150 days. Also, if your friend has an old work permit, they should be able to use that until it expires (the law on this point is a little unclear, but most lawyers now seem to say that the EAD is usable until it expires). Take care, Jason
After checking the special instructions it seems there is a new updated guidance. Unfortunately it seems that it should no longer be filed with the Atlanta vetting service but with the general office based on region and that uscis will now directly refer the case to eoir skipping the interview altogether. This is extremely unfortunate.
I forgot – that is new. If you had a case with the asylum office, it was referred to court and then dismissed, if you file again with the asylum office, they may send you back to court. One advantage is that if you have 10 years inside the US at that point, you might also be eligible for Cancellation of Removal. If not, this seems like a huge waste of time. Note that if the person never had a case with the asylum office, they can file there and the asylum office should process the case. Take care, Jason
Hey Jason,
What happens in 2023 when an immigration judge denies I-589 at individual hearing? Do I get to have a chance to appeal it?
And just a note. I emailed to the administrator clerk at local federal immigration court and actually was able to get a date for individual hearing in 3 months!
It is the same as always – if you are denied, you have 30 days to appeal, and if you win, DHS (the prosecutor) has 30 days to appeal. Appeals themselves take anywhere from a few months to a few years. Take care, Jason
Greetings Jason,
How many days usually between when interview scheduled and the actual interview date? I haven’t received interview notice yet but want to start planning the next steps
It is usually 2 or 3 weeks after you get the notice, but it is not very predictable. We’ve seen where it takes only a week; in other cases, it takes months. For this reason, it is wise to have all your evidence and affidavit ready, so you can file it once the case is scheduled (assuming you did not already file it). Very few people are getting interviewed these days, but it is good to be ready, just in case. Take care, Jason
Dear Jason, we want to express our profound gratitude for your unwavering dedication to assisting the asylum community. I’ve been an avid follower of yours for years, and the support I’ve gained from your blog has been immeasurable. Sharing your website is the first thing I do for any asylee I kmow. Thank you immensely!
Regarding my situation, I received my asylum approval notice in 2019 and obtained my green card in 2021. Should I begin the four-year countdown for naturalization/citizenship from the date of my asylum approval or from the date of receiving my Green Card? What’s the optimal timing for submitting my application?
Thank you for the kind words. For citizenship, you have to look at the date listed on the green card (which should have been back-dated one year from the time you received it) and from that date, you wait 4 years and 9 months (assuming you meet all other requirements for citizenship). Unfortunately, they do not count your time from the date that asylum was granted. Take care, Jason
Hi Jason,
Q about reentry with a green card. My partner received asylum in 2018 and her green card in Oct 2021. She has been visiting family a lot. She was gone from Oct 2021 – Sept 2022, and has now been gone from May 2023 to, we hope, early Dec 2023 (she was going to come back sooner but needs urgent health care). We are concerned this recent absence will be longer than six months. She and I still have a lease together, she has an ID, etc. is she going to be considered as relinquishing her green card if outside the US for a total of 1 year and 7 months, even if she came back for a period of 6 months in the middle? I hope not but am not sure … thank you so much for all your help over the years
Whether a person has abandoned their residency is a question of fact and depends on many different factors – how long she was out of the US on this trip, how much time she has been outside the US altogether, her ties to the US, and more. I doubt she will have a problem coming back but if so, they would refer her to Immigration Court for a judge to determine if she has abandoned her residency. I recommend that when she returns, she applies for a re-entry permit, form I-131, available at http://www.uscis.gov, which allows her to leave the US for up to a year with no problem (in some cases, they give you two years, but given that she has been outside the US a lot, I think she would only get the one year re-entry permit). Take care, Jason
Not sure how many of you had this experience before, we applied an EAD for the entire family, my kid got approval of within 7 days with validity of 5 years. but no approval for my wife & mine.
It is very common for family members to apply together but then they get decisions at different times. Hopefully, you will get your EADs soon, and they should all be valid for 5 years under a new USCIS policy. Take care, Jason
Jason,
Do you know a nonprofit or other firms who could help on paying a permanent resident fee for derivatives asylum families? I can’t afford paying for five of my family.
Thanks,
Sambod
I did a blog post on September 22, 2016 with links to pro bono resources by state. Maybe that would help. Take care, Jason
I have a friend Jason who would like to cancel her asylum application and go back to her country she does not speak english. If she goes back. What does she need to do ? Just renew her passport and travel ?
Her employment authorisation is expiring at the same time she is trying to travel. Does she need to renew it ?
She has a daugther is who is a year old and was born here.
Will she face any problems at the airport ?
She should be able to leave with no problem, but I do recommend she withdraw her asylum case after she leaves, in order to avoid an eventual deportation order. I wrote about this with an explanation about how to withdraw on December 7, 2022. Take care, Jason
Hi Jason,
Hope all is well.Thanks for your great help by answering people’s questions always
I have few questions as below.
1.My case is in IC at NY and waiting for master hearing for almost 2 years not sure when they will call.
Mean time I am TPS holder too
So some people say I will not call for any hearing till my TPS status expires.Is it true? If it is true I have to wait until end of 2025.
2. If I buy house another State before my IC hearing ,I have to move my file from IC or I can keep continuing just change the address?
I mean if I buy house at Virginia I need to move my file to Virginia or I can keep continuing at New York?
I look forward your answer.
Thanks again Jason.
Best regards
Jhampa
,
1 – That is not my experience. They schedule cases for hearings even for people with TPS. Maybe there is a different rule in NY. You can try calling the court to ask the clerk – you can find the phone number if you follow the link under Resources called Immigration Court. 2 – If you buy a house and live there, and that is your address for purposes of jobs, taxes, etc., you should change your address, which will probably cause the judge to move the case to your new location. You can ask to keep the case where it is, if that is your preference, but it is not always your choice. Take care, Jason
Thanks Jason, appreciate.
Take care
Hello. I entered the US through Mexico under the CBP One program. I have not yet filed Form I-589, as I have no money for a lawyer. Master Hiring is scheduled for January. I have less than 3 months left to file Form I-589. I will have to do it myself. Did I understand correctly that I should send Form I-589 to the court only at the address where Master Hiring is assigned?
You need to send one copy to the court and a second copy to DHS (the prosecutor). You can find both addresses if you follow the links under Resources called Immigration Court and DHS Office of the Chief Counsel. Don’t forget that you have to file for asylum within one year of arrival, or you can be denied as untimely (I wrote about that on January 18, 2018). Also, I did a post about ways to find a free lawyer on September 23, 2016, and that has links to non-profit groups by state. So maybe it would be a starting point to finding a free lawyer, as it is a big help to have a lawyer when you are in court. Take care, Jason
Hi Jason. Thanks for your continuous support all these years; making this blog a source of strength for asylees, and asylum applicants,
Quick question: What is your approval rate for AP based on asylum? I have noticed AP issuance is being priotized to DACA and marriage (I130) applicants. It looks like Asylum based AP applications are the ones being delayed for 14 months or never approved. Do you usually track your AP issuances in a year? Is it even worth trying to apply? Thanks
We do not do a lot of AP for asylum cases, and have not done one for some time. We’ve only ever had a couple denials – one was where we provided evidence of the client’s mother being in the hospital, but since her condition was listed as “stable”, USCIS denied as they stated that there was no humanitarian need. Since that time, we have included stronger evidence about the condition (and yes, I think that was one of the most disgraceful decisions I have ever received from USCIS in any case). Another example was where they approved the AP, but it was only valid for 1 or 2 days after we received it. Since then, we have listed multiple travel dates, the idea being that AP will hopefully be issued for a long period of time. Aside from those, I think everything was approved. Also, while there was no USCIS announcement, some people are reporting that AP is now valid for 5 years. If so, that would be a big improvement. All that said, the main issue is delay, and while you can try to expedite, AP often takes well over one year to get. Take care, Jason
hi Jason. I came to the US with an F1 visa and am currently working with my initial EAD OPT. (I am still in F1 status). Meanwhile, I have applied for asylum before the one-year deadline. I have been waiting for over one year for the interview and it is still being processed, I have applied for my initial asylum EAD, but I received a denial notice today that says I don’t have any asylum application!! I had submitted my i589 paper form and biometric appointment as evidence of my asylum application before I got denied.
1. Do you have any idea what I did wrong? Is it because I have already an OPT EAD?
2. It is written in the denial notice that I can submit an I290B motion to reopen within 33 days, but I need to pay around 600$ which is hard for me at this time. Can I apply for another asylum i756 again? Since I don’t need to pay any fee for that.
thanks
1 – That is strange. I think I have had clients who had OPT and who also got the asylum-pending EAD, but I am not sure. In any event, whether you have OPT or not, you have a pending asylum case, as shown by your receipt and biometric notice, so I am not sure what has happened. Did you file under the correct category for asylum pending (c-8)? If not, maybe that could be it, but otherwise, I am not sure. You might try inquiring through USCIS Help (there is a link under Resources) or calling them (800-375-5283), which is very difficult. 2 – Typically, the I-290B is a bad idea, as it is expensive and takes a long time, and also, USCIS is usually correct in its decision and so an appeal will not help. Here, it does sound like they made a mistake, but I think you would be better off having a lawyer review the I-765 application and the denial to see if they can determine what happened. In general, I would prefer to re-apply using the I-765 rather than try the I-290B, but it depends on the case, and here, it may be worth having a lawyer take a look to see if they can determine what happened. Take care, Jason
Thanks a lot for your response.I have checked the denial notice and I have found that my A-number is same as my A-number in my OPT EAD card,But my A-number in asylum receipt notice is totally different!So I am a little confused.
1.Is there any legal problem that I have 2 different A-numbers?
2.I applied for asylum EAD with my online uscis account which I had previously applied for my OPT,So they have considered my OPT A-number instead of my asylum A-number.Can I creat another ISCIS online account with another Email and apply with my asylum A-number?Do you think it’s possible?
Thanks again.
1 – I do not think it is a problem, but I think the reason they denied your EAD is because you used the wrong A number, as that number was not associated with the asylum case and they failed to match it to the case. 2 – I am not sure, as I do not know how the online account deals with multiple A numbers. I would play around with it a bit to see whether there is any way to enter a second A number, but if not, I guess you can try creating a second account. I am not sure that would be allowed. If not, I guess you can file the EAD by mail, as those have not been taking so long recently and hopefully, you can get it soon. You should probably mention in the cover letter or somewhere that you have two Alien numbers, just so USCIS does not think you are trying to hide that. Take care, Jason
Hey Jason ,
hope you are doing well ,
I have a question or probably my assumption that needs to be corrected 🙂
Is it a sign that my asylum application decision is going on a positive direction if my work authorization renewal application is being done very fast without any issues or objections. I have already done my interview.
I know it doesnt make any sense to assume this way , but still I thought to ask this suppostion of mine based on a new thought out myth 🙂
Thanks
NAD
I would actually think the opposite…why would one fasten your renewal process when they are leaning towards issuing you your A5 EAD…unless…you are going into removal proceedings…
Sometimes, there is an online message about a new card being produced or fees being waived. That probably signifies a grant, though in my opinion, you need to wait for the paper approval letter to be certain. But if you are talking about the c-8 (asylum pending) EAD, I do not think that the speed of that document has anything to do with whether asylum will be approved. In general, EADs seem to be coming more quickly, and so it might just be part of that general trend. If you have done your interview, I did a post on June 2, 2021 with some ideas for trying to get a decision. Take care, Jason
Hi Jason,
Have you ever done a I-246 stay of removal (ICE form) for a client ?
Thanks
I have not, but I may try one for a client who currently has a case at the BIA where I do not think it is possible for us to win. We shall see. Take care, Jason
Awesome 🙂
Glad that you try new things. I’d like to follow up on how it goes. Good luck with you and your client.
Hi! I filed for asylum in 2017. I don’t expect to be interviewed anytime soon. I heard from someone that when someone has been in the states legally for more than 10 years, they could apply for a GC. Is that correct?
Is there anything I could do to expedite this? I have lost a couple of my relatives before seeing them and Im terrified to lose more while waiting 😭 I’m also a teacher at a public school and I will be asked to have GC in order to apply for the professional certification. I don’t want to lose my job):
Could you please advise?
Unfortunately, you gonna have to change your job.
The 10-year thing is called Cancellation of Removal and to do that, you must be in Immigration Court. Also, you need to have a parent, spouse or child who is a US citizen or has a GC and you have to show that that person will suffer extreme hardship if you are deported. If you meet those (and other) criteria, you would be put on the wait list for a GC, and the wait is currently 3+ (and growing longer all the time). The more realistic option is to try to expedite the asylum case (I wrote about that on March 23, 2022) and if that does not work, try a mandamus lawsuit to force them to give you an interview. Unfortunately, the system is very broken and suing the Asylum Office may be the only way to get an interview. Take care, Jason
Hello Jason, Thank you again for your continued support. Please help me with the following:
1. I have a master hearing, coming up few month time, and it is internet based.
2. I married a US citizen about a year b4 the master hearing.
3. And filed an I-130. It hasn’t been approved yet.
4. What should I do on the day of the master hearing?
5. Do I need to do anything before the day?
6. I will like to travel outside the country to visit my children whom I’ve not seen for over 6 years now. Can I tell the court to permit me to travel?
7. What is the best time for me to apply for a green card. Before, during or after the court?
8. Can i present all these requests myself during the master hearing, or get a lawyer
It would make life easier to have a lawyer, but you can at least go to the Master Calendar Hearing yourself and see what happens. If it is in person, you can bring copies of the I-130 receipt and (if you have it) the entire I-130 application and evidence you submitted. One copy for the judge and one for the prosecutor. You should also submit proof of your lawful entry into the US (copies of your passport, I-94). You can ask whether they will dismiss the case. Maybe they will, but that depends on many factors. If they do, you can file the I-485 (application for a green card) and at the same time, applications for a work permit and advance parole, which will allow you to travel. If they do not agree to dismiss, hopefully they can explain why and then you can decide whether to get a lawyer. Given that you have some time before the Master Hearing, maybe you do want to talk to a lawyer to at least review the case and determine your eligibility for a GC, and discuss the best path forward. The issue is that there are many options and it is difficult to know what is best without reviewing the specifics of the case. Take care, Jason
Hi Jason,
I had my asylum interview on October 5th, 2023. Until recently, the USCIS website listed my status as “Pending decision”. However, on October 25th, it was updated to indicate that my fingerprints for the Form I-765 (Application for Employment Authorization) had been processed. This morning, the status changed again to “Decision Was Mailed,” suggesting that a decision on my application has been made and I will receive the details soon. Does this indicate that my application has been approved? I would appreciate your guidance on this.
These online messages are consistent with a grant, but you really cannot be certain until you get the letter in the mail. Good luck, Jason
Thank you
Since the Web mentioned your Form I765. most definitely you case got approved.
Thank you.
Hello Jason,
I had my final hearing with an immigration judge 6 months ago and till now the judge didn’t make any decision on my case yet
Is that normal?
When should i expect a decision?
And is there any way to expedite the decision?
Thank you.
It is kind of a long wait, but different judges are different, and wait times are not predictable. I would call the judge’s clerk to ask about the decision. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi, how old is your asylum case? Mine is 10 years old. I am not sure if its happening to older cases. I am in the same situation. Waiting for a decision from Judge since April this year.
Same here…what court are you in?
What is the reason for judge not giving you a decision?
Las vegas court
I still don’t know why the judge is not giving me the decision
I’m confused
8 years old
I just need the decision I’m going crazy
Same…it’s crazy that we have to go through this. What court are u in?
IM in NY
Thanks for all you do Jason
I have a pending asylum case at the immigration court for the 1st appearance as we were referred by the asylum office.
My younger brother became a US citizen last year. Can he file for me as a.sibling? Do you know if a change of status will be allowed immediately or we have to wait for so many years like siblings that are out of the country when filing which take 5 to 10 years?
Thanks
He can file for you, but such petitions take about 13 or 14 years – you can Google “DOS visa bulletin” to see that. Even then, you would probably have to leave the US to get a GC based on the petition. There is no benefit available during the wait time, so while maybe you want to have him file for you, it would really be as a back up plan and you will need to find something else (like asylum or dismissal from court) for the time being. Take care, Jason
Hi Jason,
Thanks for your contribution to the asylum community.
I had a ticket for minor moving violation years back which was dismissed by a court. When applying for naturalization, to answer the have you ever been cited…question, do I have to state in DETAIL what happened? What’s your experience on this?
I think traffic tickets are excluded from the question – maybe read the question carefully to see. If you think it should be included, get a copy of the final outcome of the case if you can and include that, or if you cannot get that, state what it was (hopefully, listing the actual statute that was violated). A moving violation, especially if it is old, should have no effect, unless maybe it involved an accident or an injury where you were at fault and it was DUI or reckless driving or something like that. In those cases, talk to a lawyer about how best to approach the situation. Take care, Jason
Hi Jason,
Thank you so much for your amazing blogged that was helping me and my friends over the years!
I am writing to see if my friend has a path to get a green card.
My friend has a valid TPS status (Ukraine) and a Travel Doc (based on TPS). We was recently granted Withholding of Removal by the immigration court (regular, not Article III). Unfortunately, his asylum claim was denied by court, and he took the WoR instead. He came to the country initially on a visa but overstayed his legal stay by over 3 years before applying for asylum. He was also working illegally in the past.
He has been working in tech for many years (virtual/augmented reality space, the frontiers of technology) and his current employer offers employment based sponsorship for green cards (and also H1Bs I assume). Is there any way he can obtain a green card through work in his situation?
Thanks!
He may be able to get the GC, but it will not be easy. I think he will have to get the GC overseas. That means, if the company sponsors him for a GC and he is approved for consular processing, he will need to reopen the court court case, close the court case without a removal order (the current WOR is a removal order that was “withheld” as to his country), and then either get Voluntary Departure and leave the US or get dismissal and leave the US. I suspect he will also need a “waiver” to forgive the fact that he overstayed his visa for 1+ years, which means that once he leaves, he is barred from returning for 10 years (I do not see how the TPS would erase this bar, but maybe there is some way to do that). There may be other bars as well, depending on the case. In short, this is not going to be easy and he should have a lawyer thoroughly analyze how to proceed, and map out for him, step by step in writing, how the case will go. Maybe there is an exception that will make this easier based on his TPS or traveling and returning with AP, and looking at the case carefully could help find that, but given what you wrote, I highly doubt it. Alternatively, if he might get married to a US citizen at some point, that may be an easier option, as it should not require him to leave the US. Take care, Jason
Hello Jason and All Asylum Famly Members,
I sent expetidited request for travel document yesteday and is approved today . When will i get my travel document after the request approval?
Thank you.
JImmy
That is impressive. I do not know how long an expedited document takes – sometimes, they process it in a day or two; other times, it could take weeks or months. Maybe give them a couple days and then try to follow up if you can. Take care, Jason
Hello Jason,
I started to apply for citizenship but my green card is lost. Do I have to apply for replacement green card first before applying for citizenship. I really need your advice. Thank you.
Did anyone else experience this?
Maybe you have some other proof of your status, such as green card receipts or a copy of the GC. That should be enough, but check the instructions for the N-400 to be certain, as I am not sure. I do not recall doing a case like that before, and so I do not have an example to give you. Take care, Jason
Jimmy, they send expedited docs by USPS (not the highest priority). It took my expedited travel doc 10-14 days to arrive this summer after approval.
You can sign up for USPS alerts to get an email when the doc is arriving to you.
Congrats on your expedite request!
Hello Mr Jason,
Thanks so much for all you do. I have a friend who applied for Asylum 4 years ago and is still waiting for an interview date.
Her lawyer has decided to pursue the matter with the Ombudsman.
I have mixed feelings about this. Do you think it is a good idea? Could USCIS retaliate against her?
Thanks so much in advance for your response.
It is not problem, but I do not think it will work. Everything is super delayed and at least in my experience, the Ombudsman is not likely to help. But there is no harm in asking. I wrote about different ideas for expediting on March 23, 2022 and maybe that post would help. After she tries the Ombudsman and other ideas, she might consider a mandamus lawsuit to force the Asylum Office to give an interview. That seems to be the only thing that is working these days, though you have to try the other options first. Take care, Jason