It’s been more than a year now that we’ve been able to file the Application for Asylum, form I-589, online, and I think the verdict is in: The online system stinks. So much so, that I have decided to stop filing my cases online and return to sending the paper forms by mail. Among attorneys I know, I am not alone.
Let’s start with the form itself. The online I-589 can be completed by the applicant or her attorney. I think if you are filing without a lawyer, the online form is not too bad, assuming you are computer literate and have access to a decent scanner.
To complete the form, you enter your biographic information and an explanation about why you need asylum. Each piece of data (first name, middle name, last name, street address, zip code, etc.) must be entered into a separate box, which is awkward and time consuming. You then upload documents and evidence.
Once you are done, you have to review the form before you submit it. This is more difficult than it sounds, as the information does not appear in a user-friendly format. Instead, it is spread over one large document that you must scroll through to see, and the personal data is difficult to distinguish from the text of the form. All in all, the process is tedious, but if you only have to do it once, it is bearable.
Things become more tricky if you use an attorney. In that case, the attorney completes the form and sends it to the client for review. The interface between the lawyer and the client is not very convenient, and so, for example, if I fill the form and send it to my client, I lose access to the form until the client either approves it or un-approves it. Also, it is not so easy for the client to review the application because of the way it is formatted.
To make it easier, our office has been completing the old-school I-589 with our clients, and once that is done, we enter the data into the online system. This is more work, since we are completing both the online and paper forms, but it saves time overall, as the old form is much more user friendly.
Awkward mechanics aside, the real problem with the online I-589 is that it does not always work. Once the data is entered and the form is approved by the client and our office, we receive an automatic notice that the case was successfully submitted. But beware! Success does not always mean success. In many cases, after a few moments, a message appears indicating that the form cannot be filed online and that it must be sent by mail.
USCIS offers no explanation about why a particular applicant’s form cannot be filed online, and I cannot see any difference between a case that is accepted and one that is rejected. That’s a problem, as we are forced to waste time entering data for people whose cases will ultimately be rejected. If this only happened once in a blue moon, or if the system informed us that we had to file by mail before we spent time completing the online form, it might not be a big deal. But that is not how it works. We only learn whether the system will accept the form after we do all the work. Also, rejections are common. I would guess that about 50% of applications get rejected by the online system.
If the application is rejected, you cannot return to the fillable form (though you can still access a non-fillable PDF of the form, so at least you have a record of the information you entered). When the form is rejected, USCIS issues an Alien number and a receipt number (though there is no actual receipt). Why the agency gives the asylum seeker an Alien number and a receipt number when the application is rejected, I do not know. But after the rejection, when we file by mail, we include the Alien number on the paper I-589, and in the cover letter, we explain that our online filing was rejected and we list the Alien and receipt numbers.
One question that I cannot answer is whether filing online and getting rejected protects the applicant from the one-year filing deadline (asylum applicants must show that they filed the I-589 within one year of arriving in the United States or that they meet an exception to that rule; otherwise, asylum may be denied as untimely). For a paper application, where the form is mailed within one year, but rejected and re-sent after the one year deadline, the application is considered timely as long as it was re-sent within a “reasonable” period of time after the rejection. See 8 C.F.R. § 208.4(a)(5)(v). I would imagine that the same principle should apply to rejected online applications, and so if this is an issue for you, it is best to mail the paper application as soon as possible.
When it works, the online system is probably better than the paper system. You don’t have to worry about the application being lost in the mail. You get a receipt and biometric notice very quickly, and you can submit additional evidence online. Unfortunately, all the random rejections make online filing unpredictable, unreliable, and a huge waste of time. I hope USCIS will resolve these issues in 2024 so I can return to filing online. Until then, please pass me my inkwell and quill pen, as I have some forms to complete…
I am trying to help a woman who arrived two weeks ago fill out the change of address for mom-line. When she enters her information and submits, an error comes up that she cannot be found in the system. Is it possible she has not been inputted yet?
I am not sure what you are trying to do, or what a “mom-line” is. Normally, to change your address, you file form AR-11, available at http://www.uscis.gov. You should be able to do that online, but if the person is just here on a tourist visa, there is no need to update the address. Also, if the person has an Immigration Court case, the form is the EOIR-33, which you can find through Google. Take care, Jason
Thanks. I intended to put fill out her change of address form online, not momline. A woman approached me and asked for help. She just arrived from Ecuador, was apprehended at the border and was released on parol. Her paperwork has her court location in Minnesota. She is in Phoenix and intends to stay here. When I tried to help her fill out EOIR-33 she was not able to get past the first page because it said she could not be located in the system. I was wondering if it was possible she has not been put into the system because she just arrived and she has not been formally entered into the system, or if you know why she could not be located. I hope this makes more sense. Thanks.
It sometimes takes time for the case to get entered into the system. There is a link under Resources called EOIR Cases Status, and she can check there using her Alien number (or call 800-898-7180). There is also a link called Immigration Court, and if she follows that, she can find the phone number for the clerk in her court and ask them about it. She should keep track of this, because if she misses a hearing appointment, she will be ordered deported. Take care, Jason
Jason,
First of all, Happy New Year!!! I received the i-485 approval for me and my daughter, however, we have not received the approval for my wife. Is that common? or I should be worried? I am the principal, my daughter and wife are dependent. We send all 3 applications and RFE’s together, so I don’t know what happen.
Thank you in advance,
JJ
Happy New Year! It is very common for family members to apply together but get decisions at different times (sometimes, many months different), and so I would give USCIS more time. My guess is that she will get her GC pretty soon. Take care, Jason
Thank you for your response. I guess there is nothing else to do than just continue waiting. This process has been a nightmare. We applied for asylum almost 10 years ago 😔. Hopefully this long wait will end soon.
I have another question. Due to the long processing time for RTD, do you think if we go to Mexico to renew their our home passport may impact our future citizenship application? We are from Venezuela and unfortunately there are no Venezuelan Embassy in USA. My wife has 8 years since the last time she met her parents and sister and we would like to meet them in a third country like Colombia but we won’t like to take any potential risk in the future.
Thank you again for your time.
JJ
I did a post about this issue on May 25, 2022, but if she was a dependent on the asylum case, it is unlikely to have any negative effect. If she was the principal asylum applicant, she needs to be more careful, depending on what the case was about. At a minimum, she should be prepared to explain why she got the passport and why the government was willing to give her a passport. Take care, Jason
Jason, thank you for your response. I guess we have nothing else to do than continue waiting. This has been a long process, we applied for asylum almost 10 years ago and still dealing with this.
I do have another question. Since we are now GC holders, do you think that it will be OKAY to renew our home passports in Mexico (due to there is no Venezuelan Embassy in USA). So, it has been 8 years since my wife last seen their parents and sister, and we would like to travel to Colombia to meet them over there. Also, since our passports are expired, can we come back from Mexico using our green cards and an expired passport? I know that we have to apply for an entry and exit permit in Mexico, they issue that for Venezuelan only for passport renewals.
Thanks again for your time.
JJ
Hi, I have asked 2 weeks ago about my friend, He was arrested then referred to the court for shoplifting then in the court he got Dismissal prior to arraignment is when the prosecutor dismisses the case before it has been arraignment, Before that ( one month before )he applied for the RTD with expedited request, now he has fingerprints appointment next week ? Is this arrest will show up ? And what will happen later. ?
Thanks
I do not know that the arrest will show up, and if it was a dismissal with no penalty or punishment or community service, there should be no effect. That said, he should have a copy of the “disposition” (final outcome) of his case, so he has that document in case USCIS asks for it. Take care, Jason
Happy New Year, Jason,
Wishing you a prosperous year ahead!!
Quick question. I have an asylee green card and applied for the Refugee travel document but it’s been more than a year and still waiting for it.
I was just thinking, is it possible if I can apply for different citizenship (through investment) whilst I wait for 2026 to apply for my US citizen? I can’t even travel cause my RTD has been pending for more than a year and really want to go home and even when I get that RTD it expires within a year, considering that applying for a visa sometimes takes a minth and that eats up time i have on my passport as one other countries require 3-6 months on a passport. I’m alone in this country and it’s weighing on me. So was thinking if I can get citizenship from a different country and go home anytime I want whilst I wait to apply for US citizenship in 2026.
Thank you!
If you can get citizenship from a third country, that is fine, since you now have a GC. Returning to the home country can raise issues, though, as it could cause the US government to view the old asylum case as fake. At a minimum, you should be prepared to explain why you went home and how you stayed safe, just in case you are asked. I wrote more about this issue on January 6, 2016. Take care, Jason
Good Morning & Happy New Year.
Jason i filed for my renewal ead, I was given the 540 day extension. However I want to know what happens if that extension expires and I still don’t have the new ead card yet?
Thank you for being so active in responding to all the questions you get from all of us.
Best Regards
I have not seen that happen to anyone, and all the people I know about who renewed got the new EAD before the automatic extension expired, but if it did expire, you would not be eligible to work lawfully, and I guess you would have to try to contact USCIS to get them to issue the new EAD more quickly. Take care, Jason
Happy new year
I hope we will have a better year than the last one . I have a quiestion and need advice . I applied for asylum in 2014 almost 10 years ago , received my first interview in June 2022 and the second one in September 2022. It’s been more than 365 days that the decision is still pending.
My question is should I sue the asylum office or I have to wait again . My daughter stayed in my country and it’s so hard for me knowing she is there and I can’t sponsor her so she can come
I wrote about some ideas when a decision is delayed – on June 2, 2021. You may want to try those first. If they do not work (and probably they will not), you can then try a mandamus lawsuit. We wrote about that on October 2, 2018, and that should get you a decision. Good luck, Jason
happy new year to @Jason and the whole asylum community :), it’s a rough year and I hope 2024 could be better with the re-election of President Biden and hopefully retainment of the Democratic Senate
Happy New Year, Jason
I want to find a better job while waiting for asylum. But I have a lot of concerns regarding surrendering my asylum EAD or disclosing asylum status altogether. First, in my current job, the employer, while accepted me as an asylum seeker to work there, has shared with employees that I am asylum seeking. That is unprofessional at the minimum. I get it they probably haven’t seen an asylum seeker in real life but seriously, it’s not something people should chat about particularly asylum seekers like confidentiality and too much spread could put the asylum seekers at risk. Second, while I don’t worry too much that they call ICE, what if someone from the employer that holds a personal grudge against me calls the country of origin’s diplomatic mission the US ? They could be saying that, hi we have a XXX from your country that is currently seeking asylum…of course I can request employers to not disclose to colleagues or unnecessary people, but they don’t have to honor that right ? I mean I would assume they will honor but ultimately they don’t have to. But during the I-9 process, you will have to surrender your asylum C8 EAD, at least employer will know, what if I have some wage or labor issues with this employer in the future and I am worried that me being an asylum seeker gives the employer an additional advantage … They could retaliate by calling my country of origin’s diplomatic mission disclosing my asylum seeking status … Is there anyway we could work around that ? Could maybe we can ask a judge to order this employer not to disclose ?
I do not know about the employer’s obligation to keep your immigration status confidential, but I would imagine there is some requirements for confidentiality. Maybe you want to talk to a lawyer who specializes in employment law for some advice. Take care, Jason
I want to say that I have a little mixed feeling upon hearing that.
What you give is obviously a legally accurate and correct answer, nothing wrong with that, let me be clear.
But your answer leaves me wondering, because immigrants and asylum seekers will encounter issues that intersect with their immigration status. For example, when their immigration issue intersects with criminal issue, then it will create an intersection what we call as “crimmigration”. If those immigrants ask for advice from their criminal lawyers regarding how their convictions will affect their immigration status…and their criminal lawyer says “oh, we are not familiar with issues related to immigration, you gonna have to check with an immigration lawyer”, and then I would assume most immigration lawyers would not be able to adequately help noncitizens with criminal issues, and these noncitizens might as well receive advice like “oh, we are not familiar with criminal law, you gonna have to check with an criminal lawyer”…This is a situation that I am worried about…
Many non-immigration legal issues intersects a noncitizen’s immigration status and I feel the above situation may come up a lot…and I wonder what could be a way to handle that. @Jason, may I ask in your practice, have you worked in tandem with like criminal lawyers, or lawyers specializing in other areas (employment lawyers, civil rights lawyers, medical malpractice lawyers) regarding a certain alien that happens to encounter those non-immigration legal issues (that might nevertheless intersect with alien’s alien status) ? How do lawyers generally handle intersectional legal issues that concentrate on one client ?
If I do not know something that a client needs, either I can research it and find an answer, if I am comfortable with that and have time, or I tell the person to find a lawyer who can assist. I do not do employment law and I do not have time to learn about that, and hence it is not a question I can answer. It seems normal to me to use a lawyer who specializes in the area where you need help, and I would be suspicious of a lawyer who claims to know all areas of law – as they say, “Jack of all trades, master of none.” Take care, Jason
What you said makes a lot of sense. Obviously an immigration lawyer shouldn’t bear the burden to be jack of all trades. Totally agree with that.
I think the burden should fall on other non-immigration lawyers. For example, criminal lawyers, employment lawyers, it’s astonishing many of them don’t know how to handle if their specialized issue happens on an immigrant. A large part of our society are immigrants, some of them are asylum seekers. We really should add more non-citizen education in legal training. Because they should not just assume that every client will be a US citizen and start from that benchmark. An example is that, in the past, criminal lawyers don’t understand how pleading guilty could significantly harm a non-citizen … So many non-citizens pleaded guilty instead of fighting in the criminal court and was placed in removal proceedings after pleading guilty…
My opinion is that this is an ongoing issue that non-immigration attorneys need to improve on.
I agree – lawyers need to know enough to at least spot the issues, so they can point them out to the client and refer the client to an expert in that area for help. Take care, Jason
My employer has been nitpicking on me for minor issues constantly since day 1. I have a feeling that they are trying to build a performance case 😕… to legally fire me … What should I do…
HI
Am not Jason, but Jason will reply to your question. Having gone through the same, i would advise you to cover yourself. Try hard not to communicate any official duties by phone, use email. Leave a clear precise paper trail. Copy any official email to several individuals. If any of your bosses calls you, answer the phone. Immediately after the conversation, write them an email; As per our phone conversation……..
If you build your case and you feel that it is strong remember you could always walk into the EEOC offices and file a complaint. If you are an asylee or asylum applicant, don’t be scared, they will treat you with dignity. and will care less about your immigration status. Good luck
Thanks shocker. Tho it may be more complicated than you think…
You have gone through the same, did you eventually keep the job ?
I was aske to resign. I had worked for them for 9 years. They couldn’t fire me because they did not have concrete evidence against me. The boss just wanted to fill the position with her friend. I went to EEOC and reported them. Then sued them AND WON. My immigration status never even appeared in the entire scenario.
That’s rough. So glad you won.
They could fire you for putatively any reason even though for like reason is they don’t like you. Though you obviously have the option to sue. And you may get some compensation or even be reinstated in this job. But I honestly worry about future repercussions. I totally support you are standing up for yourself !
Does it mean you are currently staying in this job ? If so, how’s the experience ? In your situation, I don’t think your employer will trust you anymore. If they want to get rid of you, they have a lot of ways. Maybe this time you won, but next time they could think of some legally compliant way to legally fire you and you will be under scrutiny. And it’s not very easy to prove it’s retaliation…
So I don’t know in this situation, how an asylum seeking worker could do…
If you don’t mind, may I ask what’s the protected ground you use for EEOC ? Cause I vaguely remember that most asylum seeking status or immigration/citizenship status is not regulated by EEOC but DOJ… Even for DOJ, the only protected immigration statuses don’t include asylum seekers, were you already an asylee when this happened ?
This all sounds like a reasonable approach to me. Take care, Jason
Hi Jason,
If anyone has J visa how long they are legal to apply for asylum?
Thanks
Steve
A person must apply for asylum within one year of arriving in the US. There are exceptions to that rule, and one exception is that you are in lawful non-immigrant status (J visa or any other visa). So if you are still in lawful J status, you can apply for asylum and it will be considered timely even if you have been here more than one year. That said, it is always best to apply within one year of arrival if possible. I wrote more about the one year filing rule on January 18, 2018. Take care, Jason
Thanks Jason for your reply. The person who wants to apply for asylum his 1 year visa will be expired in one weeks but he went to his native country in September and re-entered USA in September too. Do we count his recent arrival date or the first arrival time when he came to USA for the first time?
The one year asylum bar is based on his last entry into the US, and so if he last arrived in the US in September 2023, he has one year from that date (until about September 2024) to file for asylum. Take care, Jason
Thank you son much for your response, Jason.🙏
Hi Jason. I applied my I-589 application online but the case status say that THE APPLICATION WAS NOT ACCEPTED ONLINE. And it instructs me to mail giving me a receipt no. Considering the time for me to loose if i mail it, Can i re-apply online again?
I have not done that, but I have heard about an attorney who did it and the case was accepted the second time. The problem is that you have to re-do the entire form from zero and there is no guarantee that it will be accepted the second (or third or tenth) time, and I am not willing to do that. However, you can try, and if it fails, you can apply by mail. Take care, Jason
Hi Jason,
Thank you for everything you doing for this blog,
I would like to know how much time needed USCIS to respond to RFE ? it’s has been exactly 3 months since I mailed the RFE that was requested from USCIS and still not have a response, is it due because of holidays or it’s still normal processing time 🤔. Thanks
It depends on the RFE and the type of case, but it is very common to have a long wait after you respond to an RFE, and if you are still inside the normal processing time, probably everything is fine. Take care, Jason
I have my i-485 pending base the family (IR-5) . Last month I just learned that I have cancer. I would like to know if I can take this as a reason to ask USCIS to expedite my case so that I can go for treatment abroad (in France). or else that would not be good for my case. Thank you for your response
That could certainly be a reason to expedite – I wrote about expediting with USCIS in general on January 29, 2020. Take care, Jason
Hi Jacob, I am so sorry to hear about your diagnosis. I hope you get the strength to pull through, and I pray for your success and healing.
thank you very much Jamie .
Hi Jason,
I’m applying for green card based on asylum. I came in visitor visa which was filed by my agent in my home country. He showed me married in my visa application and i let asylum officer know during my asylum interview that this was the mistake in my visa application.
Now in I485, do I say yes to the question that Have you ever fraudulent or counterfeit documents to any US government official including to attain the visa or entry to US?
Even though I cleared this issue with AO during my interview and he was fine with that.
Yes – you must disclose the fraud on your visa. If you do not, it could easily result in a denial and other immigration problems. You can provide an explanation about what happened and note that you told all this to the Asylum Officer. Most likely, that will be the end of it and they should approve the GC. However, they might want a “waiver,” which is another form where you ask forgiveness for the “sin” of misrepresenting your information on the visa. At this stage, the waiver is free and very easy to get. However, if you do not disclose the misrepresentation and get the GC (which is possible, as asylees often do not get interviews for the GC), it will be very difficult to get a waiver later when you want to naturalize. In other words, there is no downside to disclosing the misrepresentation, but a big downside to not disclosing it. Take care, Jason
Hi, Jason. I recently tried to file I-589 online with my attorney but i received a case status with APPLICATION WAS NOT ACCEPTED ONLINE. It basically told me to mail my application. Shall i try again send it online or mail it. I heard there is delay responding to mailed application.
Thank you
I have heard that it is possible to re-enter all the data, starting from zero, and try again. I personally have not tried that, and I won’t. The system is a real disgrace (as I discuss above), and in each case where we got rejected online, we have filed by mail. If you try again online, please let us know whether you had any luck. Take care, Jason
Just curious 🙂
In 2016 you endorsed Clinton, in 2020 you appeared to have endorsed Biden. And in 2024, I am guessing you will make one towards the end of October 2024, right ?
I am not sure whether I endorsed anyone, or why anyone would care who I endorse, but certainly, I think Trump is a grave threat to immigrants and to our democracy. Take care, Jason
Jason. I did submit the I-485 application for me and my family back in March 2023. On December 1st, I did receive the RFE for medicals which was already sent and received by USCIS on December 21st. How much longer should I wait to receive the final approval?
Thank you in advance.
JJ
It used to be that people would usually get a decision within a few weeks of responding to the medical exam RFE. These days, it seems to take longer than that, and so I would not be worried if there is no decision soon. Take care, Jason
Hi Jason, how are you? i am a refugee under UNHCR and i live outside the USA and i live in the refugee camp. my usrap case denied, closed and archived. when my relative decided to sponsor me through the welcome corps. unfortunately. the program does not apply to those who have been previously denied for resettlement to the United States through the USRAP. is it a good idea if i try my luck and submit the welcome corps application to see if they will approve me?
The US Government says below:
https://www.state.gov/welcome-corps
How can I sponsor a refugee I know?
1. They live outside their country of nationality, or if no nationality, their last habitual residence;
2. They do not live in the United States;
3. They live in a country where the U.S. government is able to interview sponsored refugees and process their cases (Note: See further information on countries where the Welcome Corps is not available at https://welcomecorps.org/);
4. They are already registered on or before September 30, 2023, as a refugee by the UN Refugee Agency (UNHCR) or by the government of the country where they live; or refugees of Cuban, Haitian, Nicaraguan, or Venezuelan nationality must have a Form I-134 or I-134A already filed on their behalf before September 30, 2023. They must have been outside their country of nationality by the time the form was filed.
5. They are at least 18 years old or, if they are a child, they are being referred with their parent. Without exception, anyone under 18 must be referred with their biological parent or legal guardian, and;
6. They have not been previously denied for resettlement to the United States through the USRAP.
It sounds like you are not eligible based on number 6, but I do not know whether there are exceptions to this rule. You might seek help from a non-profit that deals with refugees – examples are HIAS, Lutheran Immigrant and Refugee Services, Catholic Charities, and Friends Service Committee. There is also a non-profit in Egypt that helps with refugee resettlement: https://stars-egypt.org/. I would look into it more, as there are sometimes exceptions to these rules and maybe there is a way. Take care, Jason
You already have refugee status, you are safe now, why do you need/intend to come to the U.S. ? Are you seeking asylum ?
Hello Mr Jason,
I am looking to withdraw my asylum case as I have got my GC from marriage to my spouse. I have a pro bno attorney who is not usually responsive. I have emailed him but I do not think he will respond any time soon. You think it is a good idea to follow your instructions from blog of December 7, 2022 “Withdrawing Your Asylum Case” and email asylum office myself instead waiting on my asylum attorney?
And also we are planning to travel to Canada in March and to Italy in May. You think it will be a problem to travel there if my asylum is still pending. Please note my asylum is pending since May 2015 without an interview and I am not planning to travel to my country of origin (persecuation) anytime soon. Thank you very much and Happy New Year
I would never suggest a non-citizen to travel until you become a naturalized citizen. Even if you have a green card, there is a possibility that you will be refused entry by CBP…In addition, if you have a green card but not a us passport, you are still a citizen of your country of persecution, which may have extradition with the country you are traveling to. Canada and Italy are probably okay, but if it were me, I still wouldn’t travel overseas…I also feel that a non-citizen’s safest option is to stay within the interior of U.S. until naturalization.
Travel, thank you for your response to Ghugho. Respectfully, your advice is not correct. As an asylee- a person who was granted asylum- or a lawful permanent resident (LPR), you are free to leave the U.S. and return. Where it gets complicated (the “gray area”) is whether or not the asylee or asylum-based LPR can return to the country of persecution (COP) or travel with his or her passport. Most experts believe it depends on who the persecutor is- whether it’s the government or non-state actors or private citizens. To the best of my knowledge, there is nothing in the INA- and that is regardless of how you adjust your status to that of LPR- that prevents or prohibits an asylum based LPR from travelling with his COP’s passport or leaving the US. In fact, one of the benefits of adjusting your status is that the LPR is free to travel. The only restriction is that the LPR should be mindful of the frequency of his/her travel and how long s/he intends to stay out of the U.S. But there is nothing that explicitly says that the LPR should wait until s/he becomes a naturalized U.S. citizen. I believe what you intended to say is that the LPR should wait until s/he naturalizes before s/he returns to the COP. That is also not necessarily true. But I can see why you believe so as this was/is a widely held belief in the immigration/asylum community- even by attorneys and non-profits. Aside from the fact that I see many former asylees (LPRs) returning their COP and coming back to the US without incident- and have also managed to naturalize- an immigration officer cannot deny a LPR resident admission to the U.S. Even if there is evidence to suggest that the LPR has abandoned his/her LPR status, the immigration officer can only confiscate your GC and ask the EOIR to determine if you actually abandoned your LPR status. As for the naturalization interview, the officer can’t just accuse you of fraudulently getting asylum because you returned to the COP. That is because ever case is different, and people travel for different reasons. USCIS knows that a return to the COP does not automatically mean fraud! The officer would also have to demonstrate fraudulent intent- and even the first officer does, you can ask for another officer to review the case. If the other officer arrives at the same conclusion, you can file an appeal with your state court. In any event, the BIA and some circuit courts have recently ruled that an adjustment of status terminates the asylum status and all the “vestiges”- good and bad- of the asylum status.
@Travel @Jaime, thank you very much. I don’t think I will have issues traveling internationally as my asylum was based on Non State Actors. My country of origin doesn’t know if I ever applied for asylum in US. I agree with Jaime. @Jaime what are your thoughts on withdrawing asylum? Any experience what works faster to close asylum application? TIA
Given that you fear non-state actors, I think there is no real danger of traveling with your passport and GC, even if the asylum case is not withdrawn. If asked why you used your passport to travel, you can explain that pretty easily. Take care, Jason
The lawyer has a duty to respond, even a pro bono attorney, but if he is not responding, I guess you have no choice and you can file to withdraw on your own. In some cases, the withdrawal happens quickly; other times, it takes months. Whether the asylum is withdrawn or still pending, you can re-enter the US using your GC, and so that is not very relevant. However, you will presumably be traveling on your passport, and if you think using your passport could cause the US government to suspect that your asylum case was fake, you should be prepared to explain why you used the passport. You could get a Re-Entry Permit (form I-131, available at http://www.uscis.gov) and maybe use that instead of a passport, if Canada and Italy will accept it. If you use your passport, I did a post on May 25, 2022 about that, and maybe that would be helpful. Take care, Jason
Thank you Mr Jason. take care
since application processing for UVisa EAD takes long to get,
I applied for a Uvisa and Bonafide determination EAD over 2yrs now and stay waiting for the uvisa Bonafide determination EAD, can I file for a Uvisa EAD based on my UVisa application for my Husband if he is in the USA? so we both come together wait for our EAD together or even later apart when they are approved or send apart? Or will I have to wait to get my EAD before applying for his?
Or to get his, we will have to wait for my final UVisa application to be approved before we can request his? I understand that the final approval takes almost 6yrs. I he is in the US, what option he can or will have to apply for a social security number or an EAD to be working along with me until the final Uvisa is approved for me?
or how can he get an EAD or a Social security when he is in the USA to not just be sitting without working since application processing for UVisa EAD takes long to get?
I do not do U visas and do not know about that. Mostly, those are done by non-profits and so you may want to look into that. I did a post with a link to non-profits by state on September 22, 2016. Also, if your husband has a fear of return to his country, he can apply for asylum, as that is a way to get a work permit (though you have to wait 150 days after filing before you can apply for a work permit). Take care, Jason
Dear Jason,
I’m applying for green card based on asylum. I came to US on b2 visa and my country passport is expired. Should I include my visa copy with entering stamp and copy of my expired country passport?
I have entered the details of my I-94 and visa information. In the instructions it says asylees do not need to provide to evidence of arrival record. Not sure if I should include it anyways.
We always include it if we have it, and so I recommend including it. I do not think they need it, but there is no harm in including it, just in case they want it. Take care, Jason
Hi Jason,
Happy Holidays!
I am a pending asylum and trying to get AP to go through a consulate process for EB GC. I know you mentioned previously that traveling for work might not be enough for AP approval. Do you think explaining about the Embassy appointment for EB GC will be a good reason? If i need a humanitarian reason, is visiting my sick mother in law a strong reason? Thank you!
I think visiting your sick mother in a third country is a much stronger reason for AP. I wrote more about this on September 11, 2017. If you have AP, you can use it for anything you want, and so if you get AP based on your mother, you can use it to re-enter the US in the event that something goes wrong with the EB GC. Take care, Jason
Hello Jason,
If my spouse lies on DS-160 for F1/B visa about my presence in US and is denied. When I am approved asylee and I file I-730 for her, will the lie in DS-160 affect her I-730 approval?
Thank you
It could have an effect and I think the spouse would need to reveal the lies during the I-730 process. There may be a waiver available for this and I doubt those lies would block her, but if the Embassy thinks she is trying to hide the lies or is lying on the I-730 itself, they could deny it. Take care, Jason
Hello Jason, my asylum case was denied by uscis, Immigration judge , bia due to 1 year deadline. I had work permit but it expired and after bia denial i didnt appeal so i got removal order. Now i was working at gas station got robbed at gunpoint. Can i apply u visa. I live in new york and police here are good and they offered
me u visa certification . But can i apply u visa after deportation order moreover can i apply work permit too or i have to wait 5 to 10 years for work permit or u visa grant. Can u visa or u visa work permit be expedited after applying . Thanks
May I ask how we’re you able to keep your job after BIA finalized ur removal order ?
I’m sorry to hear that, it much be very touch on you. I have a question, what was the approval rate of you judge and did you go in person to court or had hearing via online and did you go through the actual hearing or just denied even before stating the case. Thanks in advance and I hope someone thing works for you.
I am not sure, but before you can get the U visa, you would need to reopen the BIA case. I think you will need to have a lawyer help you, but I suspect that you would first file the U visa with USCIS and then send a copy to the BIA with a motion to reopen. I do not know whether you would be eligible for that or whether the BIA would agree, but if you talk to a lawyer who knows about U visas, maybe they can advise you. Take care, Jason
Hey Jason, I have question similar to JIMMY.
I have a valid travel document and valid Visa for Canada and want to travel to Canada by Land border. Will there be any problem re entering USA through land border? Or is it same to travel by air or land border?
Best Regards,
Ahmad
As long as you have a valid travel document, such as the Refugee Travel Document, you can enter the US by land or air (or sea). Take care, Jason
Hello Jason and Asylum Family,
My Asylum was approved and my GC application is under process. I Applied and got my Travel Document. Got UK and Canada visa and planning to visit for a week. I will keep my asylum approval documents during my travel. Should I need any additional document from USCIS to reenter in US or travel document is sufficient? Please advice.
Thank you.
Jimmy
When did you apply for travel document ? How long did it take ?
Applied in June, 2023. Request expedite on 25th October and received the travel document on 29th at home.
Hi Jimmy,
How did you expedite your travel document? I applied for it early August and I have been thinking about expediting it. Please let me know how you go for it. Happy new year.
How were you able to apply/stamp these visas ?
Did you use your country of origin’s passport to apply ? do these applications require you to provide your country of origin’s passport ? And do these visas get stamped on your passport or refugee travel document ?
I used my travel document and stamped both visas on travel document.
Thanks. I think UK and Canada are generally safe countries to visit for asylum seekers or asylees. Have a good time 🙂
As long as you have a valid Refugee Travel Document, you should be able to re-enter the US with no problem. I do recommend you also have access to your asylum documents (maybe save in your email so you can get them if needed), but normally, you would not need those. Take care, Jason
Greetings, I would like to know if married couple who has the immigration’s pending cases is obliged to jointly file the tax or both partners could opt to separately file their taxes.
Thank you in advance.
You can do it either way. However, filing separately might raise questions about the validity of the marriage, and so you should be prepared to explain why you filed separately. Take care, Jason
Dear Jason,
Thank you so much for your usual support. My asylum case was approved two months ago after being pending for over seven years. I am currently in the process of preparing my green card application. Do I need to wait for one year after my asylum approval to apply, or can I submit my application now?
Additionally, should I include my medical evidence with Form I-485 when applying, or is it better to wait for a request?
Your advice on these matters would be greatly appreciated.
Kind Regards,
You do not need to wait the full year – most lawyers, including me, recommend waiting at least 6 months. I wrote about that with an explanation on February 8, 2023. In terms of the medical exam, we normally do not send it, but you can do either way. If you plan to file the medical exam with your I-485, make sure that the doctor signs and dates the exam shortly before you submit it; otherwise, it could expire and you will need to re-do it (I forget the time frame, but I think it is 30 days or something like that; you can check the instructions to form I-693 (available at http://www.uscis.gov), which should explain this. Take care, Jason
Hi Jason and the blog members,
Four of my family members applied for asylum ( parolees from Afghanistan). For one of them, it shows that the fee is waived, and work authorization card is mailed. We didn’t apply for work authorization renewal yet and i heard from some people that it is indication of approval. What is your thoughts about this ? Or i appreciate others comment and experience in this case.
If the case is at the Asylum Office (not the Immigration Court), this could mean that asylum was granted, but you would have had to have had an interview for that before they can approve a case. You might email the asylum office to ask about the status of your case. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Just want to shout it out loud, this is my sincere wish for 2024
Dear Lawyer Jason,
i am outside the USA. ALSO A REFUGEE UNDER UNHCR. My USRAP case is previously rejected, closed and archived. Am i still eligible to apply welcome corps group 5 Program?
thanks
I do not know about this, as I do not do cases involving refugees. There is an organization in Egypt that is quite good, and maybe they can assist (https://stars-egypt.org/). Otherwise, there are different resettlement agencies in the US that might know about this: Catholic Charities, Lutheran Immigrant and Refugee Services, HIAS, and Friends Service Committee, to name the big ones. Maybe you can reach out to them. Take care, Jason
Hi Jason. After I saw this article I have question: may be it is good idea to file online I-589 with the aim to add my husband to my decision pending case because even if rejection he will get a number and receipt, and biometrics appointment immediately?
He is waiting for any receipt since March so maybe this will be helpful?
And is there any other option how to get this receipt?
Adding a dependent to a case has long been a problem. If that is not working, you can try emailing the local asylum office to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. Probably, they will not be helpful, but you can try. If that does not work, the husband could file his own asylum case. He can try to do that online (we recently did they successfully for a situation where they refused to add a spouse as a dependent). If it does not work, you can then file by mail, and you will have a receipt and Alien number. Take care, Jason
hi Jason.
welcome corpse of Group 5 is now open. I am stuck about training certificate. most sponsor dont know how to complete this step. its the hardest part. and the form doesnt require a lawyer to help you. there is no section for lawyers to fill out on behalf of the sponsor. if the training certificate of the sponsor is not included in the application. by now it was good to go. my application is pending to continue because of training certificate.
i look forward to your reply.
thank you
Sorry, I have no idea what you are asking about. Maybe you can clarify? Take care, Jason
https://www.reuters.com/world/us/new-us-refugee-program-lets-americans-choose-who-sponsor-2023-12-19/
I honestly find these kind of programs are devaluing our immigration system tbh…
I don’t really agree with that – it is a way to involve ordinary people in the refugee system. However, it does seem kind of unfair that refugees can come to the US based on the fact that they have a connection here. So I guess for me, it is a mixed bag. Take care, Jason
I concur, nepotism needs to be eliminated in every aspect of our society. People should not get unfair advantages based on who they know rather than what they know.
Hi Jason,
Happy holidays. I have been reading your blog for a long time and it’s always informative. I have learned a lot from it and I just want to say thank you. I recently got my approval from IG at Chicago. I waited this for more then 10 years. I feels so good. And for all readers I want to say never give up one day your case will move forward and you also will get your approval.
Best wishes to Jason and his team.
John
Thank you and Congratulations on your case (finally)! Take care, Jason
Congratulations John. I was in the boat than you. I just got my approval back in February. I don’t know what is wrong with Chicago asylum office.
Hi Jason, Happy Holidays to you and your family..
My cousin enter from the border, and got an A number, He suppose to file the I-589 with the court directly, not with USCIS according to the I-589 form filing tool…. My question is do you know what is the address we suppose to mail the form to. Can you please replay to me with the address.. Thanks in Advance..
It depends on what court his case is located in. If you look under Resources, you will see EOIR Case Status and if you enter the Alien number, you will see the court location. You can also look under Resources for more info about the Immigration Court and DHS Office the Chief Counsel (the prosecutor). You will need to give copies of the I-589 to both the court and DHS. Also, you will need to Google “Pre Order Instructions in Immigration Court” and send a copy of the first three pages of the I-589 to that address, so you can get a fingerprint appointment. If your cousin can get a lawyer to help with all this, that would be best. Take care, Jason
Hello Jason, I’m currently completing the I-675 work authorization form online due to my asylum application that is still being processed. Could you guide me on how to respond to the question regarding my current immigration status or category?
I assume you mean the I-765? If so, we usually put whatever category you had when you entered the country (B-2, for example) and if that status has ended, we note that as well (so we write, “B-2 expired”). Some people write “asylum pending” and that should be fine as well, as long as you include documentation of your entry into the US, such as the I-94 or a Notice to Appear in immigration court, if you entered without a visa at the border. Take care, Jason
Jason, what do you expect will change in the new Year in terms of immigration and asylum in general ? I am worried that Biden, because of his reelection attempt, will try to be harsh in immigration and hurt asylum seekers……and worse, immigration issues are among the top priority in GOP voters…like they really hate asylum seekers it seems…
I do not know, but I think if there are “harsh” changes, they would be for people at the border, and not for people with pending asylum cases. Given the Republican-controlled House, I do not really expect any additional funding for the Asylum Office, so I am not optimistic that we will see progress on the backlog. Anyway, my predictions are usually wrong, so we will see what happens. Take care, Jason
Hi Jason, I just wanted to ask you is there any possibility of you helping and taking over my asylum case and helping me to expedite to see if I can get a decision as soon as possible? I’m just been waiting since 2016 and it has been very difficult to wait this long. My parents are not well and I need to go see them and I just don’t have any documents that I can travel with. I’m more interested in you taking over my Khais as a lawyer and helping me to expedite it Just to see if I can go ahead and apply for the green card. I appreciate your help. Thank you.
I think if you really want to expedite, you would need to file a mandamus lawsuit. This is where you sue the Asylum Office and ask a judge to force them to give you an interview. Our office is not doing mandamus cases at this time, though we are doing expedite requests, which you are supposed to try before filing a mandamus. Anyway, if you want to contact me after the New Year, we can arrange a consultation. My email is JDzubow@DzubowLaw.com. Take care, Jason
Thank you and Merry Christmas!
Merry Christmas, Jason
Good morning Jason,
I am so confused because I submitted form I 730 four 5 of my kids. One is a biological child and the others are my adoptive children. For some reason USCIS only approved my biological child’s petition and I don’t still know the outcome of others. Is this common? Do you think there is nothing to worry about? Please let me know
Maybe your case is different, but usually It means they suspect fraud and don’t believe the relationship between you and the adopted children. I know a close co workers who applied I 730 for his wife , kids including 1 adopted children, USCIS approved all them but the embassy refused the adopted and the i 730 ended up denied for all the family after being on hold for more than 5years,
Hi Hill,
I don’t know what kind of fraud they may suspect but it only took them 2 days after I responded to their RFE to approve my biological child’s application, and his application did not have lots of evidence like the ones for my adopted kids. I will let you guys know how it will end up. Merry Christmas to you all
Me and Me,
I don’t really know for sure the reason behind USCIS suspect fraud in cases. But when it come to adopted children they seems to be on alert,I think for them in their mind these adopted are immigrant’s nieces/nephew or something close to that that the petitionner want to bring in America. My friend told me that such suspicious issues happen especially when the adopted children are teenagers or something older than that(in other words someone who will no count on you and will even be able to live without your support). Maybe if the adopted are like toddlers or very young child 4-5 years old they tend to believe the relationship. But just appeal or send a new petition for them if possible to see what happen.Merry Christmas to you and family.
Thanks Hill. I still do not know what the issue is at this point. I don’t think that they have denied their applications but let us wait and see.
I responded to the other post, but just so you know, when there is more than one link in the comment, it has to be approved by the administrator (i.e., me or someone else who works on the blog), and that is why the post did not appear immediately. Take care, Jason
Hi Jason,
My sister is a permanent resident in the USA. She got her greencard through DV Lottery 4 years ago. Since then, she hasn’t been outside of the USA for more than 5 months.
She is going to marry a Canadian Citizen in the next 3 months and will be living in Canada. She wants to get US citizenship too, so she plans to come and stay sometime in the USA at my address.
Will getting permanent residency in Canada affect her US Citizenship application?
Thank you,
Happy Holidays.
Residency in Canada should have no effect, as long as she meets the requirements for citizenship in the US in terms of her time spent here in the US. If you check the N-400 web page at http://www.uscis.gov, there should be a Guide to Naturalization which talks about the requirements. Take care, Jason
Hi Jason, I applied for 5 kids among which 1 biological child and 4 adopted but USCIS only approved my biological child’s application. Is this common? What would you do? On December 22, 2023, we approved your Form I730, REFUGEE/ASYLEE RELATIVE PETITION, Receipt Number SRC,,,,,,,,,,,,,,,,,. We sent you an approval notice. Please follow the instructions in the notice. If you do not receive your approval notice by January 6, 2024, please go to http://www.uscis.gov/e-request. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
Hello Jason,
I applied for 5 of my kids among which 1 biological child and 4 adopted ones. Today, USCIS only approved for my biological child but not for my adopted children. Is this common? Here the notification I received today. On December 22, 2023, we approved your Form I730, REFUGEE/ASYLEE RELATIVE PETITION, Receipt Number SRC+++++++++. We sent you an approval notice. Please follow the instructions in the notice. If you do not receive your approval notice by January 6, 2024, please go to http://www.uscis.gov/e-request. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
There are issues with fraud and adopted children, and so maybe USCIS is giving extra scrutiny to the cases. I do not remember all the legal requirements for an adopted child to be approved, but the adoption must be legal under the laws of the country where it occurred (and not informal), and I believe (but I am not sure) that the adoption had to be before the child turned 16 and that the child had to live with the adoptive parent for at least some period of time. Anyway, I am not certain about the requirements (or if there are other requirements), but if USCIS has doubts about the adoption, they should send a request for evidence indicating what they want you to provide. Take care, Jason
Thank you so much for your response, Jason. Following your explanation, all my adopted children must have met all these requirements. They were all under 10 when I adopted them. They lived with me for years before legal proceedings were completed. I am so confused. So, from your experience, such applications are always approved all at the same time?
I do not know all the requirements for certain, but it sounds like you should be able to satisfy them. Even so, USCIS is suspicious of adoptions and so maybe those cases will take longer. I would make sure you have as much evidence as possible about the adoptions – photos together, school records or other official records listing you as the parent, and any other documents you have about the adoptions, so you will have that if asked. You might also identify people who can write letters attesting to the adoptions. Also, by the way, it is common to file for family members together and the cases get processed in different time frames. I think you will have to wait to see whether USCIS requests more info. Take care, Jason
Thank you for responding as always. May you live longer and Merry Christmas to you and your family.
HI Jason,
I worried about my asylum case. Came to the US in 2019 and filed in 2019 did biometrics a month later but still haven’t been called for an interview. I have been depressed and got a Cwof for OUI in 2022. Late 2023 my spouse and I had a disagreement and were arrested for assault & battery but case was dismissed after invoking 5th amendment. I filed for divorce because I have been unhappy in the marriage and the asylum wait is taking a toll on me.Other than that, I pay my taxes and have maintained decent employment history. Will the 2 arrests affect my asylum decision? Could they lead to deportation?
An arrest without a conviction should not affect your case, but you will need proof of the “disposition” (the court documents showing how the case ended). Also, based on your message, it seems like you were the primary asylum applicant, but if you were the dependent, you would need to file your own application if you are divorced, and you have to do that as soon as possible. Take care, Jason
Thank you.
Hi Jason- Thank you so much for you help. I went to my citizenship interview but it seems like to me that the officer was not satisfied with my previous asylum approval. And honestly he was even harsher than my asylum officer. Can my citizen case be denied because of inconsistency in my asylum statement like he asked if I drink and I say no but in my asylum statement I did go for drink in a bar?
That seems like a small inconsistency, but I guess if there are other issues, they could try to re-open the asylum case. That would be pretty rare unless they really have evidence that the asylum case was fake, but I guess it is possible. Hopefully not, and hopefully, you will get some positive news soon. Take care, Jason
Thank you so much Jason, just got the positive new that the case has been recommend for approval.
That’s great – Congratulations! Take care, Jason
Hey Jason
My case status has changed A week ago to “ Interview Is Scheduled “ I haven’t I have received notice on the mail
Do you know normally how long takes to get it
Thanks
It may take a week or two, and the holidays may make it slower. You can try to email the asylum office to ask about the date. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Saido, congrats on your interview ! May I ask which office ? And did you expedite ?
Hello Sir Jason,
Thanks for all you do. I applied online for an initial EAD based on pending Asylum on 11/13/2023.
I got the receipt and have been checking frequently online. The status went from 3 months until we make a decision to 2 weeks until we make a decision and has been stuck there. I am worried and do not know what to do at this point as USCIS says initial EADs are delivered within 30 days.
Please do advice sir
Happy Holidays
I do not think there is anything you can do at this point. Most EADs seem to take 1 to 2 months, and so hopefully, you will have it soon. Take care, Jason
Hi Jason,
If you get your form I-730 approved, how long does the consular process take? Have you ever expedited such application? There are elections in my home country and things are really rough and I was thinking of asking for expeditious processing of my application. Do you know what king of evidence I need to submit? Have you ever had a client whose form I-730 got approved in a few months? The online processing time is so scarry. Again, thank you for your time.
We often include evidence with the I-730 requesting expedited processing. This could include evidence that the beneficiary is sick or in danger (letter from the beneficiary or petitioner, medical records, country condition information, etc.). In my opinion, it usually does not work, but maybe it does – it is difficult to know. In terms of consular processing, time frames are not predictable and vary from one embassy to another, but in my experience, most cases get processed within about 2 to 6 months. Most embassies have email addresses on their website, and you can email them to explain why expedited processing is needed and request that the case be expedited. You can also ask your Congress person to contact the embassy to help. Whether that will speed things along, I do not know, but it might, and in certainly will not hurt. Take care, Jason
Thank you for your response as always. I don’t want them to be there any longer. They have not seen me for the past 12 or 13 years now. This entire process is not but a mess
I have a pending asylum with uscis. I have work permit. My house owner wants me to leave house by next month. Can i use us mail box as an address in meantime i get a place where i will live. In the meantime i ll be living at friends house but they dont want me to use their address.
You can get a PO box with the post office, so your mail can go there. You need to inform USCIS using form AR-11, available at http://www.uscis.gov (this should direct you to a way to file the change of address online). You might also want to get “informed deliver” with the post office – that way, you will get an email with a photo of any mail that is coming to your PO box. Take care, Jason
Greetings Jason
Quick question:
If I-589 was referred to IJ.What if one has new reasons for asylum to include,like changes in country conditions.Do I have to file new application with the new reasons before IJ?or that is sent to Asylum office?
Appreciate your help.
Regards
Normally, if a case is referred from the Asylum Office to court, you do not need to file a new I-589. Some judges do want that, and we have gotten into the habit of submitting a copy of the original I-589 along with an update sheet (I wrote about that on July 6, 2022). You can and should provide updated country condition evidence and any other relevant evidence, including evidence of any new fears about returning to your country. Take care, Jason
Trump’s comment is frightening, signaling what he is going to do should he ascend again to the presidency…
Hi Jason! Happy holidays to you and your family!
I married my girlfriend. She is an American. I applied for GC based on marriage. I’ve been waiting for 1.5 years now. I’m wondering will I get conditional GC or full one. What is the closing date they take to calculate the length of the marriage?
Thank you for your reply!
If USCIS issues the GC after you have been married for 2+ years, you should get a 10-year GC. If they issue the GC before 2 years, you should get a conditional (2-year) card. They do not always follow these time frames exactly, but that is how it is supposed to work. Take care, Jason
Thank you for the reply! So it’s the date when the GC issued, not the date of the interview, right? If so, then when do they usually issue the CG after the interview?
It should be the date that the GC is issued, yes. In terms of the time frame for issuing the GC, it is not predictable and varies a lot by case. Probably most people get the GC within a few months of the interview, but definitely not everyone. Take care, Jason