Thanksgiving is the immigrant holiday because it is a day to remember and celebrate new arrivals in a new land, and friendship between immigrants and indigenous people. It is also the anti-immigrant holiday, since things did not end too well for the indigenous people in the original T-Day story.
These days, though, we need to take our good news where we can get it, and so in that spirit, I want to focus on the positives of Thanksgiving. In particular, I’d like to discuss some reasons for asylum seekers to be thankful. And yes, there are a few.
Let’s start with the big, obvious positives–when the Trump Administration left office, a number of truly horrible and bigoted policies went with it: The Muslim travel ban, the refugee travel ban, limits on asylum for victims of domestic violence and gang violence, stricter rules regarding family-based asylum, child separation, more difficult rules regard employment authorization, extreme vetting, a narrowed definition of “torture,” severe limits on prosecutorial discretion, the “no blank space” policy for I-589 forms, decertification of the Immigration Judges union, the end of the BIA Pro Bono Project, reduced transparency of immigration agencies, increased use of private prisons, and much, much more. President Trump’s anti-immigrant and anti-asylum seeker policies did not all go away at once, but they have largely given way to a more humane (if not particularly well thought out) approach to immigration.
Since the Biden Administration came into office, we’ve seen a number of positive changes for asylum seekers. One recent change is the expanded validity period for Employment Authorization Documents (EADs). EADs were originally valid for one year, that was extended to two years, and now, EADs issued after October 1, 2023 will be valid for five years. This is an important improvement, since renewing an EAD can be expensive and stressful, and gaps in employment eligibility can cause asylum seekers to lose their jobs and their driver’s licenses. On the other hand, the fact that we need a five-year EAD is indicative of the interminable delays in the asylum system. But since this is a Thanksgiving post and I want to keep it positive, I’ll say no more about that.
This next “positive” is a bit of a mystery. Rumor has it that USCIS is issuing Advance Parole (AP) documents valid for five years. AP is permission to re-enter the United States if you leave, as long your case is pending with USCIS. You travel using your passport (which can potentially have negative implications for an asylum case) and you return by presenting the AP document at the port of entry. Up until recently, when an asylum applicant applied for AP, USCIS would issue a document valid for a (seemingly) random period of time. If you were lucky, you received one year. But I have seen cases where the applicant literally received AP for one day! Now, though, a Google search of “USCIS Advance Parole five years” reveals numerous sources reporting that USCIS is issuing AP for five years. I have not seen any announcement from USCIS itself, but if this is now standard practice, it is very good news. Given the long waits for asylum cases, the ability to travel and visit relatives or just take a vacation will allow asylum applicants to live a much more normal life. There are still difficulties obtaining AP for asylum applicants, since you have to show a “humanitarian need” for the travel, but since we’re staying positive, I will shut my trap.
Our next positive development is USCIS’s decision to re-use biometrics for most applicants. So instead of wasting time with multiple appointments for fingerprints and photos, most asylum applicants only need to go once. While this may not be an earth-shattering development, it is good news and saves time and inconvenience.
Another development, which began before the Biden Administration, but which now seems to have kicked into higher gear is online filing for USCIS forms and for Immigration Court cases. There is a lot I could say against the USCIS online system, but since we’re being grateful, I will simply say that when it works, the online system saves a lot of time and stress, since you can submit and receive forms and documents online. Electronic filing in Immigration Court is an all-around improvement. It saves time and money, and gives lawyers easy access to all the evidence and other documents in the record. In fact, it would be nice if USCIS took a look at the court system to learn how online filing should be done (oops, sorry, trying to stay positive).
One final positive development for this Thanksgiving is the influx of new judges in Immigration Court. In the past, most Immigration Judges were hired from within the government. The new judges have a more diverse background, including many with experience representing non-citizens in Immigration Court. These judges will bring a different perspective to court, which will likely improve the system as a whole. If I wasn’t being positive today, I would mention that the rapid roll out of so many new judges was a chaotic mess that damaged due process of law. But I am being positive, so please ignore that last sentence.
As you can see, there is much to celebrate in immigration world. So stay positive my friends. And have a happy Thanksgiving.
Hello Jason,
I participated in demonstrations against the government. We were peaceful on our end however since we would not obey the orders of police and push forward the police would start beating us, fire tear gas, use water canons… so we would also start fighting them back like punches, throwing stones, throw back their own tear gas shell on them…
My question is, how does participating in a demonstration turned violent by the authorities and I getting involved in the punching… effect my asylum claim?
Even though warning were issued by police e.g. not to cross a certain road or go beyond certain point, we weren’t obeying it, does that count as breaking the law? well I don’t anyways believe in the law of that country and I support separation from that country. If it counts as breaking the law, does it effect asylum claim?
I appreciate your answers. Thank you
There is a court case about protesters throwing rocks, but I can’t remember the details at the moment, sorry (though I did a quick search and the case is called Berhane v. Holder from the US Court of Appeals for the 6th Circuit). If you have a lawyer, maybe they can take a look for you. In any event, I believe that throwing rocks can be an adverse factor in an asylum case. In the Berhane case, the court considered whether that was a “serious nonpolitical crime” – and sorry again that I do not recall the answer). I do not think failing to obey an order about crossing a line would be an issue, unless there was violent conduct involved. I would recommend you talk to a lawyer about your case though, as I think some of this may create issues for you and it would be a good idea to address those ahead of time, to see how best to avoid any pitfalls. Take care, Jason
Hi Jason,
There is active separatist militancy and insurgency in my home state. Some of the militant groups are in the “Designated Foreign Terrorist Organizations” of state department. However, some of them have root support among the people of my state. It is like ANC (Nelson Mandela) considered terrorist by US till 2008. However, we all know how popular he was not only in South Africa but in world. My question is:
i) If an asylum seeker supports people/organization considered by the west (specially US) but have root support, how does this effect asylum claim, ii) does it delay background checks/ interview decision?
Thank you!
I think the answer will depend on the specifics of the organization you are supporting, and what you are doing to support that organization. If the organization engages in violence, it certainly could affect eligibility for asylum and could cause very long background check delays. This is true even where the violent organization is one supported by the US itself. One example that comes to mind is the Free Syrian Army, that was fighting the Syrian dictator. Even though we basically view them as the good guys, anyone who supported them is subject to significant scrutiny in an asylum case. Take care, Jason
Hello Jason,
I had to run away from persecution in my hometown to a different city in my country. However, being religious and ethnic minority I was harassed in that city too. After enduring harassment and threats for months I had to return back to my hometown. I stayed in my hometown for couple of years however, since it is an occupied region I faced detentions, beating, abuse by the occupying force. I thought may be if I go to another city this time I will be safe there. I faced persecution not only from authorities but also from general public at times. I stayed in this city for almost 4+ years. I decided that I should make a way to leave country. I came to US. My questions:
a) The fact that I went once to a different city to be safe but returned back to my hometown and left again after few years to another city to be safe, does it effect my asylum claim?
b) In the first city I stayed less than a year, in second city I stayed more than 4 years. As said both places I faced harassment. Does staying in the second city for more than 4 years even though I faced harassment/threats negatively impact my claim?
c) The fact that I was opposing the occupation yet I went to two different cities of the occupying country for living. Does it have an impact on my asylum claim? it is as if a Ukrainian goes to Moscow or a Palestinian goes to Tel Aviv.
Thank you.
Hi Shalla,
I am not Jason. Jason will get back to you later, but I have some feedback for you based on what I have learned from this platform. Please take my advice with a grain of salt and wait for Jason’s response. My knowledge is based on what I have learned from the asylumist.**
One of the key points in your case is that you were not safe even when you tried moving to different cities. However, you also need to clarify why you decided to go back to your hometown where you faced a higher risk of persecution. This may raise some questions about your credibility.
Another thing you should think about is who your persecutors were and whether they were the same or different in all three cities. If they were the same, then you can prove that you took necessary precautions to try to find a safe place and avoid persecution. If they were different, then you need to justify why you could not be safe in any other city. For example, if the persecutor is the same, it means that you are likely to be harmed even if you move to a fourth city. But if they are different, it implies that there is a chance that you may not be harmed if you move to another city. However, there may be some situations where they are different persecutors but they are connected, such as the state and an extremist religious group working together to harm minorities.
There are good points – you should definitely explain why you returned to your home town and identify who the persecutor is, and whether you can live safely in a new location. If the persecution is done by society in general (for example, maybe a single woman could not live safely by herself anywhere in a very conservative country), then that should be easier to explain, but you should still provide evidence of country conditions. Take care, Jason
Thank you, Shay.
Yes, the persecutors are same because it is the government and religious parties supporting the government. Majority of the population is also religiously different than my community. I have heard that one has to explain if they tried to relocate to different city, that’s exactly what I did however I wasn’t safe. so based on what you say it is explainable my going back going back and forth between my home town.
a – I think you will need to explain that. Under the law, a person cannot win asylum if she can relocate safely within the country. Re-location must be “reasonable,” meaning that you should not have to live in hiding or live in an area where people are harassing or harming you. It sounds like this is your situation, and so you would want to explain that and provide evidence, if possible. b – Again, you will need to explain the problem and how it ultimately forced you to leave. In other words, that relocating to that city was not “reasonable.” c – You will need to explain this, but maybe it was safer because you could at least live incognito, since no one knew you. But you cannot do that forever, and so relocating to the new cities was not reasonable. In the end, the most important thing is to explain what happened, and provide evidence, such as country condition evidence, letters from people who know you, evidence of any harassment or inability to find work, etc. Take care, Jason
Thank you, Jason for your valuable input. It is true that the two cities I lived in were “safer” than my hometown. The reasons for that are a) those cities doesn’t have any separatist insurgency. b) hence there is no military presence in those cities. c) unlike my home state which has special arm forces act which allows security forces to detain/arrest/search/beat… anyone on mere doubting them whiles as in those cities its regular police force not other types of security like army/paramilitary…
So, there is a difference in the type of threats and harassment which I and members of my community face in these two places. In my hometown we can be killed, detained, tortured and harassed with “impunity” because armed forces has special power while as in the other cities of that country members of my community and I personally experience harassment and threats from ordinary people as well as authorities because I belong to the community or the state which is fighting for freedom/separation from the country so when we go to the rest of the country we face harassment and threats even from ordinary people and authorities. It is like people of north Ireland going to London when IRA was active or Palestinians going for work to Israel. With any small incident or attack happening back in my hometown I experienced threats and harassment by locals and the authorities in these two cities. My question is if I’m asked in the interview that were these two cities safer than your hometown, will I have the option of explaining in details as I did here or well I have to answer with a yes and no? or which one is good to say NO in short or yes, with an explanation.
Thank you for your time and patience.
I think you will need to explain. And remember that these situations are very country specific. I understand that you do not want to give too much information here, as it is public, but for your case, you need to focus on the specific situation in your country. Besides explaining orally, you should include country condition evidence (human rights reports, news articles, etc.) showing that other parts of the country are not safe for you. If you include such evidence, even if you are not asked much about relocation, at least there will be evidence in the file supporting the idea that you cannot internally relocate. Take care, Jason
Hi shalla, even if you relocate before USA , you gonna win the asylum case , believe me! USA don’t look where you went before you entered America, even the transit in Europe they don’t consider it as a safe place to stay , America all they want a real evidence that you deserve asylum! Even if you travel to different countries before
Jason, on my application I am the main applicant and have family members as dependents. My case is in court for individual hearing. After my MCH , my wife applied for her own application separately in court. Now we both are divorced, and both of our attorney is the same. Do I have to inform court about our divorce at this time or we can update divorce status when we have hearing coming close? Do I have to file her change of address or she can do by herself using her own application number? Pls suggest. Thank you.
You both need to be aware about a potential conflict of interest in using the same lawyer – hopefully, the lawyer discussed that with you. I would probably inform the court in advance of the hearing and I would probably also want different court dates for each person. But this may depend on the case and your relationship to each other. Certainly, it is worth discussing with your lawyer (or with a new lawyer who represents only you and your best interests), and then deciding. In terms of her address, I think she would need to file that form, since she has her own case and she moved. Take care, Jason
Thanks for your reply. My lawyer is saying that we both will have to appear on the same day of hearing. I have not asked him about representing both parties through him. Before divorce we both were on similar grounds of persecution in home country so how will it change after divorce? Is there any rule that one lawyer can not represent both of us after divorce? We have kid on our application and for him, we have an agreement to cooperate on this case with each other until final hearing. I would like to know more about having different legal advisor in this matter. Thank you.
You can be represented by the same lawyer, but the lawyer is obligated to explain to you that there could be a conflict of interest between your case and the case of your ex, and in that situation, it may be difficult for the lawyer to represent you both. Also, the judge and DHS (the prosecutor) will likely notice that you are divorced and question whether you should both be present at the same hearing. To be clear, you may not have any conflict of interest between you and you may be cooperating, but I think it is important that the lawyer discuss this with you. At a minimum, you will then be able to say to the judge that you understand your rights and you have knowingly made a decision to keep your cases together. Take care, Jason
Had my IH a while ago but judge/dhs said that my background check isn’t ready.
I know that some people have had similar issues with court here, any updates?
We have that in a couple cases and so far, there is no progress. I am not sure how to resolve the issue, as DHS does the background checks and we do not have any way to force them to do their job. I was hoping to get the judge to pressure them, but at least so far, the judges have not been willing to do that. Take care, Jason
You personally have couple cases like that?my lawyer and my friend’s lawyer said that they have never heard about this problem before.
Could you please tell us in what court/city your have cases like that and how long they’ve been waiting for.
One case is in VA and the trial has been delayed once or twice over maybe a year. In the other case, the judge indicated that she wanted to grant, but the decision has been delayed a couple times over 1+ years (so far) while we wait for the background check. Take care, Jason
Hello,
My individual hearing has been postponed 4times since last December cause back ground check is not ready.
It’s so annoying!!!
What court? IM in NYC. I’m wondering how common this is and what can be done? I saw some people here with this problem, but a lot of lawyers still don’t have a clue about this issue…maybe they’re just lucky with the cases they have.
You can file a motion for an earlier court date (I wrote about this in a different context on April 20, 2017), but it may not help – if DHS has not completed the background checks, the courts seem unwilling to take any action on the case. Take care, Jason
Hello Jason,
My father is a Doctor and he was (forced) to treat militants. Some of the militant groups are considered terrorist organizations by US. I never witnessed/present when he treated militants.
a) Will it negatively effect my asylum claim?
b) and will it delay the relevant security check by US agencies, delaying asylum interview result?
Thank you.
1 – I do not see why this should affect your case, but I guess it depends on the specifics. If the US government thinks you were somehow involved with this, it could cause a delay or a denial. b – Maybe. I would get as much evidence as you can about this, so you have that in case you are asked. Also, before you even mention this to the US government, you might want to talk to a lawyer to see how best to approach the situation. Maybe you do not need to mention it at all, depending on what happened, and it would be worth discussing with a lawyer, as anything related to helping militants can cause big problems and very long delays. Take care, Jason
My all respect to Mr. Jason. But yes, your father gonna be affected cause he met criminals, and most of those cases will be rejected and they will be transferred to the court and in court they gonna ask a lot about the experience that he met with those terrorist, in this case, the officer and the judge will consider that he was involved with terrorist, and maybe he gained experience from them. Good luck.
Hi Jason and everyone here,
I have pending asylum application and I’m about to renew my ead, last renewal happened during covid, I was going to loose my job(as ead renewal was taking too long), but then uscis implemented the 540 days extention. Now when I check their website, for c8 ead renewals processing times are displayed as 16 months, I wanted to ask you, Jason, and everyone here what can we do to expedite? Or do you know if there’re any conversations about implementing another 540 days extention?
Irina,
Try to file ONLINE through myUsCis. Some people are saying that it takes less than 1 month to renew.
I’ve filed online and it says that estimated time is 2 weeks, but unfortunately it’s been 30 days now and no result
I am not sure, but I think they are only giving 180 days extensions these days. We are seeing EAD renewals go much faster – a month or a few months for many people. Also, new EADs are now valid for 5 years. I would just apply as early as you are allowed (180 days before the current card expires) and that should be enough time to get the new card without any gaps in employment eligibility. Take care, Jason
Hello Jason,
I am an asylum seeker, currently waiting for EAD. Sine my job in persecution country is remote. I have the option of working from US (remote). My question is:
While I am waiting for my EAD to be approved, is it legal to work remotely for a private company in my persecution country.
I understand that you are asylum lawyer, if it is legal (allowed) to work remotely for outside US company while waiting for EAD. Do I need to pay taxes in US.
Thank you.
I do not see why you cannot do that, as the income is presumably not earned inside the US. Whether you are required to pay taxes on that income, I do not know, and you might want to talk to a tax professional about that. Take care, Jason
Hello Jason,
I’ve applied for affirmative asylum and included my wife as dependent . I’m currently on an F-1 visa, and my wife is on F-2. I aim to continue my education and maintain my legal status for as long as possible, as I’ve heard that using an asylum-based EAD could impact F-1 status and person won’t be in legal status once they used asylum EAD
Now, my queries are:
1) Do asylum dependents qualify for EAD?
2) What becomes to their legal status upon using the asylum based EAD?
3) Lastly, Considering my wife has a strong case as well, should she also apply for asylum, allowing me to be the dependent in her application ?
1 – Yes. 2 – I think it is not clear. My guess is that such a person could still change status or adjust status to get a Green Card, but I am not sure. I think USCIS could also determine that such a person is out of status for certain purposes. In other words, I think there is not a definite answer to whether an F-1 or F-2 person loses status by applying for asylum or using the asylum-based EAD. You might want to have a lawyer research this question, but I have a feeling there is no definite answer. You can try to avoid using the EAD in the hope that you will be considered in lawful F status, but the mere fact of filing for asylum (asking to stay in the US permanently) is in conflict with the F visa, where you promise to leave at the end of your studies. I have not seen a case where USCIS concluded that an F student (or dependent) was out of status because that person filed for asylum, but they could potentially reach that conclusion. 3 – That is up to you. I generally do not prefer that a husband and wife each file for asylum and list the other person as a dependent, and I think the Asylum Office does not like that either (though maybe they do not care). However, it is legally allowed. If she decides to file, make sure to check the Special Instructions on the I-589 web page at http://www.uscis.gov, as she may need to file at the Asylum Vetting Center in Atlanta, GA. Take care, Jason
Seasons greetings, Jason,
Quick Question: Can a green card based asylee apply for a passport from their country of persecution?
Please kindly note that I applied for the RTD document but its still pending for over a year and thinking I should just apply for a passport from my home country -0 But I will not visit there.
And if that’s possible – how do I get back to the states? Do I need a visa or just show them my asylee based green card and country’s passport?
Thank you!
Best regards,
Steph
If you apply for your passport, you should be prepared to explain why you did that and why your home government gave you a passport (if you fear non-state actors, like terrorists, this is easy to explain). I have not had a client who had a problem because they renewed the passport, but if doing so causes the US government to conclude that your asylum case was fake, it could create problems for you. In terms of returning to the US, you can use your passport and your green card. I think it is also a good idea to have a copy of the RTD receipt, as that shows that you are trying to get an RTD, in case you are asked about that. Take care, Jason
Hi Jason , trust you are good . Please I filed an asylum appeal with BIA , please what will happen to my work permit because I have a 540 extension after I filed the appeal but I have not received the real work permit.
Also, Will my 10 years cancellation of removal clock stops when my asylum case was denied in court and I am presently in appeal?
You can renew the work permit normally as long as the appeal is pending, and you should get a 5-year work permit under new rules that went into effect in October. The Cancellation clock normally stops once the Notice to Appear is issued (the document that starts the court case). There may be an exception, if the NTA states that your hearing date and time is “To Be Determined” or “TBD,” the clock may not stop and you could try to file for Cancellation and remand the case from the BIA to the court. I am not sure whether this works, as the rules have changed over time, but it may, and if you now have the 10 years, you may want to have a lawyer look at your case and see whether it is possible. Take care, Jason
Hi Jason, thank you very much for your prompt response. I really appreciate. I have applied for my work permit renewal and I have been given the 540 days but it’s taking so long for them to send the card . I have used up to 250 days now and the card is not out.
I even called USIS that I am health worker so as to get it fast tracked but I was told the 540 days must be 30 days to expire before it can be expedited I don’t know if I should rely on the information I got from the customer service person that picked my call.
In my experience, they will not expedite and you should get your new EAD before the old card expires. Newer EAD renewals are going much faster, but the ones filed 6 months or a year ago are still pending. People do seem to get the new cards before the old ones expire, and the new card should be valid for 5 years. Take care, Jason
Hi Jason,
Thanks so much for your response. I applied for the renewal in March which is over 6 months now maybe that is why it is delayed like you said for people who applied 6 months or 1 year ago. But is there something I can do from my end to get it faster or I just have to wait. It’s really giving me anxiety. Thanks
It is very difficult to wait, since you never know when they will make a decision. I really do not think there is anything to be done. However, I guess you can try to expedite – I wrote about expediting in general with USCIS on January 29, 2020 and maybe that would help. Again, I do not think it will work, but maybe if you have some reason that you they will accept, you can try. Take care, Jason
I have a question about the EAD renewal by derivatives online . My asylum case has been pending for more than 9 years in Los Angeles Asylum office.Can my son fill out the form online to renew his EAD? Is it any privilege to do it online?How long does it take to receive the new EAD card nowadays?
Thanks!
We are still doing those by mail, as the online system is difficult to coordinate between lawyers and clients, but in general, it seems to be working fine, especially if you are doing it yourself. An asylum pending EAD can be renewed online and he should get his receipt that same day or within a few days. Renewals generally seem to be faster these days – it could be a month, but it could be several months or more. Take care, Jason
Jason,
I filed a lawsuit against the USCIS two months ago and served the last defendant on October 13. The USCIS now has until December 12 to give a decision in my case I-485.
The government General attorney just reached out to my attorney 4 days ago saying that USCIS would give a decision soon.
Why are they waiting until the last minute to send me a GC?
Is this revenge because I sued them?
I reached out to the USCIS field office, and they told me that an officer reviewed my case on October 31 but made no decision yet.
They also told me that your file is complete and that we don’t need anything from you and everything looks good.
Why is the officer waiting 40 days to give a decision???
I heard it doesn’t take more than an hour if there aren’t any complications.
My case doesn’t have any complications or criminal history so is it only as a revenge cause i sued them ?
It’s possible that your application is denied
@denied
hahah ain’t you funny?? dude not a single USCIS officer can deny my case cause my case is one of the strongest ever! in New York office!!! dude my asylum interview was only for 40 mins and i got the approval in 10 days so now go hit your head in the wall!!! plus i live in the north coast and my case was transferred to the west coast field office so USCIS even waived my interview. keep hating poor dude.
I said a legally accurate statement “there is a possibility that you application is denied.”
I don’t know why you have such reaction. No part of my statement is wrong.
@denied
i said that cause you are such a hater what the heck you talking about??? that it could be denied !!!!??? why would they deny it and if it was denied they would let me know immediately!!! not telling me it’s all good and no missed info on you forms and move it to the west coast while i live in NYC which means USCIS waived my interview so saying it might be denied means you are either a hater or just trying to be funny and in both ways you got the reaction you deserved.
now go back to hit your head at the wall again and keep hating.
I mean…it’s an accurate, matter-of-fact statement…for every petition, there is always a chance that it will be denied… I don’t know a single type of application or petition that has a 100% approval rate…
@denied
it’s me sir!!! they have 0% chance to deny my case!! i hope you feel better now and just don’t waste time here just go feed some cows as i’m sure you are such a redneck from KY OR TN so this forum isn’t for ya.
I do not know. I will say that lawyers (and many people) tend to do things at the last possible moment, and so this may be more human nature than maliciousness. That said, of course, I do not know. Take care, Jason
In a civil society, when people did something wrong, they apologize to the wronged party and improve and rectify themselves.
But in the case of asylum, should asylum seekers expect persecuting parties to sincerely apologize, say “I am sorry I have caused you harm, I shouldn’t have done that. I will do better next time”. It saddens me that I have not seen a single example of persecutors taking accountability for their actions. I mean don’t these asylum seekers deserve an apology from their government ?
That does sometimes happen – the Truth and Reconciliation Commission in South Africa and the Gatchacha Tribunals in Rwanda are two examples that come to mind. Even though they were far from perfect, they represented an effort in this direction. Take care, Jason
As an immigration/asylum advocate, do you wish we live in a world where people don’t have to seek asylum or any kind of protection from the U.S. ?
I ask this, because I come to realize and suspect that…U.S. foreign policy is not aimed at protecting human rights around the world……But rather…trying to maintain hegemony, which I don’t have a problem with…But to think…people live in autocratic countries suffer…because of a strategic policy by the U.S. govt…e.g. I have a feeling that NATO provoked the war between Russia and Ukraine…even though I don’t want to admit it…it just increasingly feels as so…
Millions of Ukrainians are killed by Russians…If the West could just destroy Russia…then many Ukrainians will live…But no…Russia has to be there, so the U.S. could be involved in European affairs…
when the war broke out, the West and U.S. could have ended the war immediately by annihilating Russia…but they didn’t…they wanted to weaken Russia but maintain its presence in the Europe…
Is it that…many innocent, democracy-, freedom-loving people in the world…become sacrifice of U.S. foreign policy of trying to maintain a unipolar world (I don’t have a problem that U.S. being the only superpower, but…can’t it achieve this and not sacrifice innocent people around the world ) ? Please share your opinion…it’d be an ugly truth if what I suspect is actually the case…
It would be harder for me to make a living if the world were a nicer place. But I have some ideas, and if peace breaks out, I will be perfectly happy to find another profession. Take care, Jason
Hi Jason. Have you heard the shoking report about the New York asylum office? They are allegedly denying valid asylum cases just because they don’t have enough time to process them. Could you please write about it, and propose a solution? I think it’s very unfair.
Based on USCIS statsticics, they deny %80 to 90% cases per year! Last year they send 1922 cases to court and they only granted 377 cases.
I hope you entitled asylum seekers realize that asylum is a discretionary benefit. Even if a person is statutorily eligible for asylum. The adjudicator is not required to grant this benefit…
Actually, “discretionary” does not mean the decision-maker can do anything they want. They have to follow guidelines and unless the person is a criminal or security threat, anyone who qualifies for asylum would generally receive asylum as a matter of discretion, and so there is nothing “entitled” about this. Take care, Jason
Hi Jason,
Tgank you again for all of your help’s. I have a question. My asylum was granted in March last year and applied for GCthis year in June. My EAD will be expired on April 2024. My employer is asking for EAD renewal. What should I do now. Do you know the waiting time for GC or EAD. I am from Los Angels.
Thank you again,
I expect that you will not get the GC that quickly, as most cases take 1.5 to 2.5 years, though you never know. We just had two cases (a married couple) get the GCs in about 8 months. You can work without an EAD (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), though most employers seem not to want to accept that, and so it is easier to have the EAD. I suppose you can wait until maybe March to see if you get the GC, and if not, you can file to renew the EAD. You will get a receipt quickly, especially if you file online, and this will automatically extend the existing EAD card so you can keep working. Take care, Jason
Hi Asylee4ever, Jason already responded to you and sent you a helpful link to review. I just wanted to add something. Let’s make one thing clear: Incident to your asylum status (granted asylum), you are authorized to work indefinitely without having to show an EAD. (I can’t emphasize this enough- you do not need to renew your EAD). There is a “but”, though. You must demonstrate using (acceptable/the correct documents)- during the employment verification process- that you are eligible to work in the US indefinitely. Providing an EAD and an I-94 document is not sufficient to establish this fact. In fact, presenting an EAD that has a validity period to your employer understandably creates confusion and doubt about your indefinite employment eligibility. Obviously, with the new validity period (5 years now), it would make sense to present this EAD to your employer as the validity is relatively long. Chances are that you would have adjusted your status by the time the EAD with the 5-year validity period has expired. For employment verification purposes, asylees (those who are granted asylum) should present a social security card- with no restrictive legend appearing on the front of the card- and a state-issued ID (like a drivers license or state ID) that does not have any restrictions on the face of the card. You could also present your I-94. These documents are sufficient to establish employment eligibility/authorization. If your employer requests additional documents, the employer would be violating the law and you could potentially sue your employer if you are let go before you are able to get the new EAD.
I have not heard about any report. However, for years, the NYC office had the lowest approval rate of any office, so it is not a surprise. Take care, Jason
https://anywhere.aila.org/aila-files/9cc75262-1940-4321-96f2-d132768021bb/23112251.pdf
The NY asylum office report looks pretty bad – I plan to write something about the report soon. Thank you, Jason
Hello Sir Jason,
Thanks so much for your help to us. I am so worried now. I filed for Asylum in May 2023 at the USCIS office in SF. After 151 days, I applied for initial EAD based on my pending Asylum. I filed online. When I checked the progress a few days later, it said “1 Week untill we reach a Decision”. I again checked a few days later and it said ” 2 weeks until we reach a decision”
This morning when I checked again, I was shocked to see the status had changed to ” 3 Months untill we reach a decision’
Please is this common? I am so stressed and worried about this situation
Please do help
Thanks so much
I don’t normally file online and so I do not know for sure, but this seems like something is wrong. There was a lawsuit that basically requires USCIS to process the initial EAD within 30 days of filing, so this timeline seems strange. There is a link under USCIS Help and you might try to contact USCIS through that. You can also try calling 800-375-5283. If nothing works, you might reach out to a non-profit called ASAP – Asylum Seekers Assistance Project. Maybe they can help, as they have been involved in a lot of efforts related to EAD delays. Good luck, Jason
hello jason I think I need your help. still waiting like this. When will this change? …..Case Was Updated To Show Fingerprints Were Taken
Oct 03, 2023
As of October 3, 2023, fingerprints relating to your Form 1-485, Application to Register Permanent Residence or Adjust Status, Receipt Number
MSC????, have been applied to your case. If you move, go to http://www.uscis.gov/ addresschange to give us your new mailing address.
Sorry, I thought you were waiting for an EAD based on asylum pending. An EAD based on a pending I-485 (green card application) is different. I do not know why it took from May to October to get fingerprints taken, but an I-485 can easily take 1.5 to 2.5 years, depending on the category. Also, unless you also filed a form I-765 with the I-485, then no EAD is pending based on the green card application. Maybe you can clarify what is the situation, but my guess is that if there is a pending EAD based on the I-485, it is still within the “normal” processing time. Take care, Jason
Hi Jason and asylum community,
I need your help.
Am planning to file mandamus lawsuit after waiting for 8 yrs. I did my interview back in March 2023, but no decision so far. Am sick and tired of waiting.
Jason, I know you don’t do Mandamus, but can you please rerefer me to someone who can do? I live in Arlington, VA.
I checked the website (AILA) you provided to somebody last time, but I couldn’t see lawyers list who can do Mandamus on the website.
I really do appreciate your help.
Thanks
If you email me, I will send you some names (JDzubow@DzubowLaw.com). Take care, Jason
Just did.
Thanks,
Hello everyone! I’m looking for a good immigration lawyer who can help expedite my I-130 form. I’m based in Brooklyn, NY. Any suggestions would be greatly appreciated. Thanks in advance, and happy holidays!
I can’t recommend lawyers here, but it is very difficult to expedite an I-130. Also, if the beneficiary is not an immediate relative (spouse or minor unmarried child of a US citizen, or parent of a 21+ year old US citizen), there is a waiting period that cannot be expedited (you can see wait times if you Google “DOS visa bulletin”). That said, I did a post on January 29, 2020 that might give you some ideas about expediting. Take care, Jason
Hello Jason,
Thank you for all you do. I have a question for a friend of mine who just got in through the land border, he has a immigration court scheduled for next year April 2024, I will like to know if he needs to fill the I-589 form and where will he send it to? Thanks Jason
He should talk to a lawyer, as court is difficult to win without help. But he would file the I-589 with the court and send a copy to DHS (the prosecutor). You can find links to both offices under Resources (Immigration Court and DHS Office of the Chief Counsel). He can file in court in April 2024, but he can also file before that time, which is probably a good idea, given that it protects him from the one-year filing bar and starts the “asylum clock” so he can eventually get a work permit. Take care, Jason
Hello Jason, I want to express my gratitude for your kindness and dedication to assisting asylum applicants. My brother legally arrived in the US, but he was apprehended at Washington Dulles Airport for the reason that we don’t know. We recently learned that he has been placed in a detention center in Georgia. They gave him two options, either deportation or seeking asylum and I believe he has decided to seek asylum due to his fear of returning home. We are uncertain about the next steps. Will he be released from the detention center to process his asylum request, or does he need to submit the request while in detention? Is a lawyer provided, or does he need to hire one himself? Your guidance on what to do and what to expect would be greatly appreciated. Thank you.
In many cases like this, the person is released from detention within a few hours or a few days. They will not give him a lawyer (except in rare circumstances – maybe if he is a minor or mentally incompetent). It would probably be best to find a lawyer to assist him to apply for asylum and get released. Technically, an arriving alien can be held in detention for his entire case and might only be released if he wins asylum, but in practical terms, unless there is some reason to hold him (maybe they think he is a security risk), he should be released sooner than that. He can also file for asylum on his own (form I-589, available at http://www.uscis.gov) by giving a copy of the completed form to the judge and a copy to the DHS (the prosecutor). There is a lot more for him to do, and so I strongly recommend you look for a lawyer to help him. Good luck, Jason
I become US citizen based on asylum. I want to invite/sponsor my parents and my siblings (older than 18 years) to leave in the US. Would you please tell me how long does it take? What are the steps?
You should probably talk to a lawyer to get more specific info, but in general, you file an I-130 petition for each person (available at http://www.uscis.gov). For parents, it is relatively fast and they should be able to consular process (if they are overseas) and come to the US within a year or 2. For siblings, there is a long wait, which you can see if you Google “DOS visa bulletin.” It is at least 13 or 14 years, and so it is not very useful. They can always try to come to the US some other way – tourist visa, work visa, student visa, etc. Take care, Jason
Hello Jason,
Happy Thanksgiving.
After 8 month of submitting, Can a green card applicant expeidite his application?
Thank you.
Jimmy
Jason will respond soon. You can expedite your application anytime after it’s been submitted. USCIS will determine, based on the reason(s) for the expedite request, if they want to approve the request. USCIS can be wildly inconsistent with these kinds of requests. I hold the belief, though, that it doesn’t hurt to start the expedite request. You should keep in the back of your mind, however, that the probability of the request being approved, especially since the application is within the “normal” processing time for I-485 applications, is very low. Ultimately, it’s not predictable.
Yes, you can expedite GC application. I did and it was accepted. I got my GC through expedite. Family member get sick and I need to travel.
You can always try to expedite – I wrote about that on January 29, 2020. The “normal” processing time is a lot longer than 8 months, and so you cannot make an inquiry at that time, but you can ask to expedite. Take care, Jason
Happy Thanksgiving Jason. May you live long. Just a question of curiosity. Have you ever seen someone get their green card in just 6 months? What is the shortest wait time you have ever seen in getting a green card? Also, when I applied for the green cards for my entire family, we all submitted our medicals. Since the medicals are only valid for two years, does it mean that if I don’t get our green cards in two years we will have to resubmit our medicals again? Will I have to pay the civil surgeon again?
Hi- Jason will respond soon. I’ve seen people get asylum based GCs in 3 weeks (the fastest). I’ve also seen GC applications take 4.5 years to be approved and issued. If I should take the average processing time for all the asylum based GC applications I know of (and I am talking about the asylees I work with in NYC), I’d say it takes about 16 months. But, keep in mind that the processing times also vary based on location- and the fact that USCIS can be very unpredictable and inconsistent. In my case, my GC application was approved in 3.5 months.
@Jamie, It is always refreshing to read your responses and thanks for always finding time to “help” Jason (!!).
Quick questions, among the asylum applicants that you work with; have you encountered some that have applied for AP? If you have; what is the success rate? Thanks
Shocker, so kind of you to say. Now and again, I see asylum applicants get AP to travel abroad. I can’t say I have seen lot of these cases. But most of them seem to leave and come back to the US without any issue. I often hear about being placed in secondary inspection with waiting time to get processed lasting up to 3 hours 9some are as quick as 10 minutes). What I do also know is that this particular document requires you to provide proof- a good amount of it- that your reason for wanting to leave the US is urgent and very serious. I don’t think they are going approve your application because your wife is giving birth or you want to attend your sister’s wedding, for example (a nice officer may surprise you with an approval, though). Some examples of these emergencies are death (or near death), injury, terminal illnesses, destruction of personal properties, etc. (these reasons have to be related to you, btw). The organization I volunteer with won’t submit an application for an AP document- especially since the price is hefty and the processing time for this particular travel document is ridiculous- unless they know you have a great chance of getting approved. Otherwise, the asylum applicant, if s/he really wants the document, would have to do the application by him/herself. Not to scare you- but we generally recommend that if you do not have to leave the US, you should not leave. Remember that the AP document only helps facilitate your travel back to the US. It’s not a passport- which means you’d have to use your COP’s passport. In addition, though most of them are understanding, the CBP officers have complete discretion over whether to let you back into the US. I don’t know about anyone but the thought of a CBP officer who, maybe because he’s having a bad day or he hasn’t had his coffee yet, threatening to send me back to my COP- and knowing I don’t have much control over it- would terrify me. But, of course you can request asylum at the airport. This means that they would probably hold you in a detention center until a judge has decided to hear your case, which may or may not be quick.
@Jamie, thanks so much for that info. I met an asylum applicant who had never heard of the AP or even the mandamus suits. I directed them here. I believe in taking risks because the greatest risk in life is to risk nothing.
Hmm. Most times, I would rely on Jamie’s answers over mine, and I agree with him here too. I would add that in order to get AP, you need a humanitarian reason, such as visiting a very sick relative. Once USCIS issues the AP document, it works as a re-entry permit, and we have never had a client blocked from re-entering the US as long as AP was valid. Also, just because you get AP for one purpose does not mean you cannot use it for another purpose. So if you apply for AP to visit your sick grandmother in France, but then travel to Japan for a Pokemon convention and use AP to re-enter the US, that is not a problem. Take care, Jason
I don’t really keep track of the time frames, but I believe I have seen a few people get the GC in 6 months or a bit less (based on asylum). I just had a couple who filed for the GC in February get their green cards a week or two ago, so that was pretty fast. In terms of the medical exam, if you submitted it within 60 days (I think it is 60 days) of the date the doctor signed it, it should remain valid regardless of how long USCIS takes to process the case. At least this is how it is supposed to work. I do not fully trust that it always does work this way, but hopefully, it will. Take care, Jason
Thank you again for your response and thank you Jamie for enlightening us. I have waited too long to get my asylum approved and I am sick and tired of doing the job I do. I have not been outside the US for past 10 years. I still feel like I live a jail life and I need that freedom that even a green card can offer. Though I have been serving this country since my CO, It looks like USCIS doesn’t care about all that. It is just sad.
The system is a total disaster, but some people do get lucky in terms of the time frame, and hopefully, you will have some good luck after such a long wait. Take care, Jason
Hi happy Thanksgiving
I have a pending asylum since 2016 no interview yet came in US in Septemberandapplied in November, I get married to a US citizen in June this year and then applied for adjustment of status receipt date August 11.
I have work permit with my pending asylum which will expire in April next year, I also filed another one with my adjustment of status application so my first question is , in case it taking too long to get my work permit based on marriage can I also applied for renewal work permit based on my pending asylum so I can keep working even if my ead based on marriage come after my actual ead expired?
Also how long do you think it’s going to take to adjust knowing that I have a pending asylum if it’s going to affect and delay my case or not?
I live in Chicago so everything is being done here.
Thank you 😊
You can apply for the asylum-based EAD. Probably you will have the marriage-based EAD soon if you applied in June, but if you do not have it by February, probably that is a good time to file to renew the asylum-pending EAD. In terms of the time frame to get the GC, I think it is not so predictable, but many cases are taking 1.5 to 2.5 years. I do not think the asylum case will have any effect on that. Once you have the GC, probably you will want to withdraw the asylum case – I wrote about that on December 7, 2022. Take care, Jason
Ok that’s good to know and thank you so much for your quick answer I really appreciate
@IZO: Will you have to leave the US then come back to get the green card? Thanks!
Happy Thanksgiving to you Jason.
We are thankful for having you .
Your heart is made of Gold
May God continue to bless you
Thank you and Happy Thanksgiving, Jason
Happy Thanksgiving Jason!
Can my wife adjust her status wit asylum pending with some illegal presence(B1 expired). I’m the main petitioner in our asylum case. Can she reason that her overstay wasn’t really intentional. I’m talking about EB1 self petition. Thank you.
Thank you and Happy Thanksgiving to you too. I am not sure about this, but I think if she has any unlawful presence (meaning that her period of stay for the B visa expired before the asylum case was filed), she cannot adjust status under INA 245(k) and she can only get her GC by leaving the US and getting it overseas. There may be exceptions to this rule, and so she can talk to a lawyer about the specifics of her situation, but I think that is not likely. If a lawyer has a solution for her, I would get that in writing so she knows step by step how the case should proceed and what are the risks. Take care, Jason