A forthcoming article by Professor Faiza W. Sayed of Brooklyn Law School examines the history and failings of the U.S. affirmative asylum system, and proposes some bold solutions that could help save asylum as we know it.
I should start by saying that I am a fan of Prof. Sayed’s work. She and her team at the Safe Harbor Clinic recently published a scathing report about the New York Asylum Office, which examines why that office has the lowest grant rate in the United States. The Professor was kind enough to send me a draft of her upcoming article, Reimagining Affirmative Asylum, which builds on her previous study. Her proposed reforms offer hope that our beleaguered asylum system can still be salvaged.
Anyone familiar with affirmative asylum in the United States knows that the system is a disaster. There are currently more than 1.1 million cases pending in our nation’s Asylum Offices. Many applicants have been waiting six, seven, eight years or longer with no hope of an interview or decision anytime soon. This mess leaves many–including me–wondering whether the affirmative asylum system is worth saving. As I read her article, I get the sense that Prof. Sayed is not sure either.
The Professor begins her analysis with an important and often overlooked observation. Policy makers who created the affirmative asylum system–
believed that the Asylum Office would quickly grant meritorious asylum cases and refer frivolous or complicated cases to immigration court for further adjudication. They imagined affirmative grant rates would climb as quick adjudications by AOs [Asylum Officers] and other features of the new system would discourage the filing of frivolous applications. Speedy grants at the Asylum Office would save money by reserving immigration judge (IJ) time for difficult cases. Creating a professional corps of AOs would also increase the quality and consistency of decision-making in the asylum system.
This for me is the key point: The affirmative asylum system exists to quickly grant eligible cases and to refer all other cases to Immigration Court. Unfortunately, that is not how things have worked in practice. The AOs spend significant time nit picking their way through cases looking for reasons to deny. They waste precious time orally updating the asylum form with information that is mostly irrelevant to eligibility. Worse, the AOs frequently make the wrong decision. The “most recent statistics reveal that IJs ultimately grant asylum to 76-83% of asylum seekers referred to [Immigration Court] by AOs.” As one of Prof. Sayed’s interviewees, a former senior official in the Asylum Office asked, “If people are just going to end up in immigration court anyway, what’s the point of any of this?”
So what can be done? While Prof. Sayed has some helpful suggestions on the individual level (focus on preparing testimony rather than creating a detailed affidavit, find opportunities to highlight corroborating evidence during the interview, don’t be afraid to request a supervisor or file a complaint), the main focus of her article is on “the system.” Prof. Sayed recognizes that “new and creative solutions are desperately needed,” and she offers several reforms intended to help save the asylum system:
Backlog Clearance: For a new adjudication system to have even a chance of succeeding, it must begin with a fresh start. Therefore, the first step in reforming the affirmative asylum program must involve swift resolution of the 1 million pending cases before it. Prof. Sayed presents two options. The slower option involves AOs conducting a paper review of all pending cases to either grant asylum to eligible applicants or refer them to immigration court where they could pursue asylum or other relief. The faster option involves an “asylum amnesty” where all applicants with currently pending asylum applications would be granted temporary legal status so long as they completed an application form, paid a fee, and passed a background check. The fee would allow USCIS to hire sufficient staff to review the applications. After one year in temporary status, applicants would be eligible to apply for permanent residence.
Ending AO Diversions for Border Work: 89% of AOs were diverted to conduct border interviews during FYs 2016-19. This diversion must end if the reimagined system has any hope of succeeding. Rather than deploy AOs to do Credible Fear Interviews (initial evaluations of asylum eligibility at the border), arriving noncitizens should be referred directly to court for a fuller exploration of the asylum claim. In the alternative, if CFIs are retained, different officers should conduct them so that AOs can focus on affirmative adjudications.
Group-based Asylum Claims: While the United States has always relied on individual adjudication of asylum claims, group-based recognitions exist in other countries. Prof. Sayed suggests that the Asylum Office use the “pattern or practice” provision to establish group-based asylum claims that dispense with individual interviews. Under this scheme, certain groups would be designated as presumptively eligible for asylum because country conditions information establishes that members of the group face a “pattern or practice” of persecution based on a protected ground. Group-based adjudications have many benefits, including quicker adjudications and greater consistency.
Speedy Adjudications via Paper Grants and Brief Interviews: Once the backlog is cleared, it is important that a new backlog does not develop. Brief adjudications are key to accomplishing this. This will require three major changes to the way the Asylum Office currently operates: (1) paper grants without an interview, (2) shorter interviews in cases not appropriate for a paper grant, and (3) a revised and shortened decision write-up. Prof. Sayed notes that there is precedent for adjudicating humanitarian immigration applications without an interview, including T-visas for trafficking survivors and self-petitions for abused spouses.
Promoting Transparency and Accountability: To promote transparency and to ensure AO accountability, a neutral party–such as UNHCR–should be allowed to observe asylum interviews and review decisions to ensure they comply with the law.
Increasing Representation Rates: For a system of paper grants to be efficient, asylum seekers must submit fully documented claims. To do that, most asylum seekers will need the assistance of an attorney. Advocates should push for funding to increase representation in affirmative asylum cases.
Changes to AO Qualifications: The AO position should require a law degree and experience with immigration law.
Increasing Pathways for Alternative Legal Migration: The unceasing media attention on the border and politicians’ extreme proposals in response to it reveals the politically fragility of asylum protections. To save the asylum program, attention does need to be given to reducing the number of people arriving at the border, but the answer is not getting rid of due process or curbing asylum protections. The only way to reduce the number of migrants is to create other pathways for legal migration. If more migrants can apply for lawful migration without leaving their homes, less will risk the dangerous and expensive journey here to apply for asylum once they arrive.
The asylum system is in a desperate state. We need bold, creative ideas like these to reduce the backlog, ratchet down the political tension related to asylum, and save our humanitarian immigration regime. Prof. Sayed’s article makes many excellent points. I hope policymakers will pay attention.
If you are interested in obtaining a draft of Prof. Sayed’s article, you can contact her through Brooklyn Law School.
[…] a recent post, I discussed Faiza W. Sayed’s bold ideas for reforming the Asylum Office and reducing the […]
Dear Jason! Regarding NY Asylum Office… Passed my interview in September 2023 there and still no decision. What do u think Jason, why is it so difficult just issue a decision (approval or referral, doesnt matter just a concrete decision) after 3 hour interview and full package of submitted evidences? Almost 9 months for what? I understand people who stuck for years without even interviews scheduled, but after interview why they take so long? If u want and can (legally) deny, just do it! Let us look ahead and continue our struggle! In situation when I feel my case is really strong and feeling after interview was only positive (I dont know how they could deny such case), its heartbreaking to wait for no reason. I dont afraid of referral at all, cause 100% sure IC will approve my claim. Just seems like they cant refer-they’d gladly do it but they dont have legal bases for that. In IC they will definitely look like incompetent structure again. And somehow they dont want to approve (why?) and just threw the case waiting for decision away for years. What is ur opinion dear Jason, and what steps should I take here?
Respectfully,
Your fan
It is extremely awful and I have reached the conclusion that the best thing to do with the asylum office is to eliminate it and send everyone to court. It really serves no purpose, especially the NYC office (there is a link in the article above about a report on the NYC office – it is quite damning if you have not seen it). In any event, you can try to get a decision from them – I wrote posts with some suggestions on June 2, 2021 and March 30, 2022, and maybe some of those ideas will help. Take care, Jason
Hello.
I’m in the US as an F-1 visa student. I want to apply for asylum but I’m scared it would affect my mother whom is being filed for currently to relocate to the U.S by my brother, who is a U.S citizen. Would seeking asylum affect my mother’s immigration process ?
If your brother is a US citizen filing for your mother, your asylum case should have no effect on that. A person’s asylum case only affects their relative if the relative is coming to the US on a non-immigrant visa, such as a tourist visa. Take care, Jason
Today I want to discuss some lighter, tho still difficult topics
I wonder how an asylum seeker in our situation could find love ? This question is directed to @fellow asylum seekers…
How one is supposed to communicate to any one person that their status is tenuous…they could be gone tomorrow … they are not meeting the partner for green card…and I would assume that many people in America need a whole crash course for immigration. How do you share your asylum seeking identity to your potential partners ? (or do you share ?) This limbo makes some aspects of life unstable…particularly the LGBT communities. They have an extremely small pool…This kind of stress is also a big cloud over relationships…
@Jason, have your clients in backlog been able to find love, start a relationship and start a family while seeking asylum (minus the ones doing it primarily for immigration purpose), and do you see your LGBTQ clients finding love/relationship ?
Maybe love finds you. It is a mystery. But in terms of immigration, many of my clients are in their 20s and 30s and it is common to meet someone and get married. I don’t think the uncertainty makes a lot of difference for most of them. I wrote something about this on January 9, 2018. Take care, Jason
well, love is difficult to find in the LGBTQ community anyway, especially among gay men from what I have noticed. I dont think being an asylum seeker would prevent you from dating or getting married. I would say there is misinformation because a lot of US born individuals dont even know what asylum is, therefore if things are getting serious in a relationship it’s important to explain your immigration status to your partner.
Being an asylum seeker it’s legal immigration status, it;s not like you live in the country without status…I dont see why someone would think you dating them for a green card.
Well said, Baxbaaba!
Hi Jason, thanks for all the help you have provided to the asylum community.
Me and my family were granted asylum in November 2018, filed I-485 in December 2019, and got our Green Cards after waiting for almost 3 years in September 2022.
As you know (and wrote about), in 2023 USCIS made some changes on when asylees can file their I-485 to allow filing virtually immediately instead of waiting one full year (like we did back in the day). I heard from some people that this rule/regulation change also affects current Green Card holders and their naturalization applications, basically starting the “5 year clock” from one year after being granted asylum. I even heard about people who successfully filed N-400 less than 4 years after receiving their Green Cards because it has been more than 5 years since they were granted asylum, and apparently someone has their oath scheduled soon (??).
Is this some sort of an urban legend or something true?
Thanks,
ME
I have never heard of such a thing. You are not eligible to naturalize until 5 years after the date on the GC. USCIS allows you to file the N-400 up to 90 days before the 5-year anniversary. Maybe if you file earlier, USCIS will still approve the case as long as you have the full 5 years by the time they process the form. I have never heard that that will work, but maybe. I would not recommend that to my clients and I would not file a case before the 90-day period, as I fear the case would be denied and the person would lose their money and have to start all over again, causing delay. I guess if you don’t mind those risks, nothing stops you from filing earlier and you will see what happens, but it is not something I recommend. Take care, Jason
Hi Jason,
I am an avid follower of your blogs for the past many years. Your blogs have helped me and alot of others. We really appreciate your insights. I wanted to seek your advice and see what your experience can tell. I am an asylum based green card holder and have applied for N-400 based on my 5 years US residency. I have not travelled to my COP. I recieved a misdemeanor ticket before my Asylum interview and this was cleared during, then during my GC interview the USCIS officer asked in detail about it and submitted more documents. Short story, My N400 has been pending for over a year now and i see that currently Citizenship applications are on surge and gettind adjudicated in less than 3-4 months. I dont really understand why my application has been pending for over an year now. When i inquire with USCIS they tell me that there is a backlog and that is beyond their control, At some point i reached out to tier 2 officer and they told me that my application is currently under pre-background screening. I dont really get it what kind of background check USCIS does. During my GMC i never had any trouble with LE or i never ever had any LE trouble in this country or my COP except that misdemenor citation that i wasnt even arrested.
Do you think Mandamus lawsuit would be appropriate to ask USCIS to send me an interview notice and adjusdicate my petition. This is really frustrating. I have waited over a decade for my immigration fiasco to end and then there are those who get sorted in no time. By the way i am from a Muslim country.
Thank you for your advise.
I think the info you have about the surge is probably out of date, at least in my part of the world. There was a brief golden age when N-400 forms were taking 4 or 5 months, but that is long gone. Now, it is very typical to wait more than a year. So I guess I do not think this is unusual. I also doubt it has to do with a ticket, but maybe I am not understanding what that is. It may also just be that the N-400 is the last chance for USCIS to review your case and they seem to be doing that very thoroughly (or at least very slowly) these days. All that said, I think you could try a mandamus. It is obviously ridiculous that you are going through this now, after you have already been vetted. If you have not already tried it, you may want to inquire with the USCIS Ombudsman Office – there is a link under Resources. They sometimes help with delayed cases and it is easy and free. Maybe try that before the mandamus (to do that, you should first make a regular inquiry with USCIS based on the case being outside normal processing time). Take care, Jason
Good Morning Jason. First of all i think we uscis asylum seekers waiting for years for interview should get permission from govt to exit and enter country travel abroad while our cases are pending. Are you and fellow immigration lawyers ever meet uscis representatives. If so please can you raise this issue of mandatory adva parole like work permits for asylum seekers.
I have been waiting for my interview since 2017 . And i really need to go abroad. Can i get multiple entry adv parole if i want to go to canada for my sisters wedding plus a short 5 months course abroad in toronto canada. I have been in usa since 7 years. Its very hard to remain in usa this long without traveling abroad
Third my country passport is expired. Can i renew it will it affect my asylum case. I meed passport to make advparole work thanks
When USCIS issues AP, I think they usually issue the document for multiple entry and for one full year, assuming you ask for multiple entry on the I-131 form. I really do think they should issue a “combo card” work permit and AP document, but they do not do that for asylum seekers. My lobbying efforts, to the extent I have time, have been related to the backlog and not to this issue. I do not know that anyone is lobbying on this question, though it is a good idea given how important it is to be able to see family members and how long these cases take. In terms of renewing the passport, many of my clients have done it, but if you fear your home government (as opposed to a terrorist group or other non-state actor), you should be prepared to explain why you got the passport and why a government that wants to harm you is willing to issue you a passport. Take care, Jason
Hello Jason,
I hope you’re having a good day.
While I was waiting for my MCH, thanks to the Goddess of life, I ended up marrying a good soul. I am now a dad, by the way. My spouse filed an I-130 on my behalf, which got approved. We then proceeded to terminate my case from I.C. and started the AOS application process in mid-September 2023. In December, we received the C9 category and AP combo, which is cool. However, even though our application for the I-485 is comprehensive and my spouse is US citizen and I was hoping for approval within 6 months, we haven’t heard anything yet. Should I be more patient?
Also, with my passport and advance parole card, can I travel to Europe while my green card is still being adjudicated? FYI , my Field Office is in Nebraska. Thank you for your advice.
It sounds like your court case is dismissed, and if so, you can travel to a third country and return with AP. You will still need a visa if that is normal for your country. Also, if you travel with a passport from a government that wants to persecute you, you should be prepared to explain why you did that. I highly doubt it will cause issues, but it is good to be prepared to explain if you are ever asked. In terms of the time, the process is again quite slow, and in general, cases dismissed from court seem to go slower than cases that were never in court (at least that is my perception). I would guess that most cases take 1 to 2 years. Take care, Jason
Hi Jason,
Hope all is well with you and everyone in the blog.
I have my siblings that got approved their asylum cases like 5 months, and now I am filing their green card applications. My question is that there is no harm that I am filling those as a “preparer”, and it will not have any affect since I am the family member and I have also a pending asylum decision for more almost one and half year.
Thank you and god bless you
There is no harm unless for some reason USCIS concludes that their applications are fraudulent, in which case maybe there is some risk to you. Aside from that, as long as you make it clear that you are not a lawyer and are filing as a family member, it should be fine (maybe just note next to your name that you are the sibling). Take care, Jason
If an asylum seeker develops mental illness after applying for asylum…and don’t have the competency to attend the asylum interview or removal hearings…
Would that make it difficult to order this asylum seeker removed and/or execute the removal ? just curious…
There are provisions for how to deal with cases where a person is incompetent, and it would depend on those and the specifics of the case. Take care, Jason
Okay
Sir my case of asylum was in los Angeles asylum office . Its pending since jan 2023. I have a work permit . I just moved to Chicago. My case will now transfer to Chicago office. Will this result in me getting my interview faster or will i still be in Backlog
I do not think moving the case makes much difference, since basically no one is getting an interview these days. You can try to expedite – I wrote about that on March 23, 2022. If that fails, you could try a mandamus lawsuit, which is how most people get interviews these days (though the fact that you have been waiting “only” 1.5 years may work against you, as some lawyers will say that you need to have a longer delay before trying a mandamus case – I am not sure about that and you would need to talk to a local lawyer who knows how mandamus cases in Chicago are working). Take care, Jason
Dear Jason
When Afghanistan collapsed alot of people came here as a parole, and i heard alot applied for their family member and brought them here on parole visa huminitarian bases,
I have a green card, can i apply for my brother who is stranded in Afghanistan. At this point please guide me. If so what form and how to apply for him.
You cannot file a petition for him based on the family relationship; only a US citizen can file for a sibling and that process takes 12+ years. You might try other programs – there is a parole program for Afghans. I do not know whether it is still working, as it seems to have worked for a bit and then stopped for some reason. You might also think about the SIV program if he is eligible. Maybe talk to a lawyer about specifics, and it would be especially helpful to find a lawyer familiar with the Afghan parole program, as that would be a good option if it is available. Take care, Jason
Hi Jason, Is there any update for 5 years validitidy of i-131?
Not that I have heard about. I heard they are working on this and so I am hopeful that will see some movement, but they are really taking their time. Take care, Jason
[…] do so (The Hill, May 2024) [text] Reimagining the Asylum Office (The Asylumist Blog, May 2024) [text] Trump promises to deport all undocumented immigrants, resurrecting a 1950s strategy − but it […]
I have been thinking about doing mandamus, I have been waiting for quite some time…But, I was thinking, tens if not hundreds of thousands asylum seekers are waiting. The difficulty and obstacles I am facing, will be similar to them. What standing do I have to convincing the district court judge to order USCIS asylum office to schedule interview for me ? What “excuses” have you seen your clients used ?
You do not need an excuse. If the case has been pending for a long time and you have tried to expedite in the “normal” way, you can file a mandamus. Make sure your case is complete and ready to go before filing the mandamus, so you are prepared for the interview if and when it is scheduled. Take care, Jason
Thanks Jason. I cannot deny this is what I want to hear and want to be such case. it def has been some time for me
But, contrary to our hope…I do see some court cases in the federal districts in my state (as a diligent and meticulous person I am)…as they are publicly available online……some judges side with government lawyers…claiming that…1) the exceptional situations of uscis backlog and workforce/money shortage justify the long delay, and 2) many people are in such situation, granting one interview will move others back…which is unfair and 3) affirmative asylum seekers can stay lawfully and have EAD while waiting…so no urgency… (btw, what do you think of the reasons cited by those judges…I think you disliked the LIFO in the beginning)
I don’t know how I can refute those reasons…they all seem very sound and legitimate…
The only argument I’d have is … I have waited for long…I mean…I don’t know how persuasive that would be if government lawyers list the above the reasons…
What do you think would help in potential round 2 of my rebuttal ? (that is, in round 1, I say I waited for long and want an interview, and the government and district court judge deny me, citing the 3 reasons I mentioned above…) I know I may sound like I am asking for legal advice here…but I guess I am just asking in general, could there be any factor that you think would help in a general mandamus case ?
I think you would want to talk with a lawyer who does mandamus cases to decide how best to proceed. I know lawyers who do mandamus cases for people regardless of how long they have been waiting. Other lawyers will tell you that you must wait 3 or 5 years before filing. I do not know, but I imagine it varies by jurisdiction and the reasons why you need a faster interview. I also think different judges will have different opinions about how is best to proceed given the overall problems at USCIS. In other words, this is very case specific and you will have to decide how best to present the mandamus based on your particular circumstances. Take care, Jason
That’s fine, I know it won’t be as clear to you considering that you yourself don’t handle mandamus cases. Totally understandable.
All this is caused by LIFO…it’s been … 6+ years ?…and you have been voicing against such practice for 6+ years…But the USCIS seems to be very stubborn…
The afghan-first congressional mandate also made the situation worse it seems…
So what’s your opinion regarding the future of LIFO … will it change ? And for people who have waited for a long time and still not interviewed…your advice would be, expedite through USCIS, and if not working, mandamus…correct ?
The Biden Administration has not changed it in 3.5 years, and so I doubt it will change in the next 6 months. After that, we shall see. If people want to expedite, I recommend they try the “normal” way (i.e., ask the Asylum Office), and if that fails, try mandamus. Take care, Jason
Hi Jason, so are you trying to say that they are going to help people who have been waiting for the asylum case interview for a very long time? Are they going to come up with the law that those people can get permanent residency if they have stayed a number of years in the country without creating any problems. We have been waiting for eight years now and haven’t heard anything about our interview, can you please also, can you let me know if you are available for consultancy
This is a proposal by a professor at an immigration clinic. These are just her ideas – as far as I know, the government has no plans to implement these ideas. I hope that USCIS will look at her article and try to use some of her ideas to improve the system. In terms of your own case, I wrote about expediting on March 23, 2022 and maybe that would give you some ideas. If that fails, you might consider a mandamus lawsuit. Take care, Jason
Hi Jason,
Hope you’re doing well. I filled my I-485 form in January and did a minor mistake. On marriage question, I forgot to write #1 in how many times you got married. I want to correct that mistake and send updated page of that info with cover letter explaining the error. I am not sure how to send this to USCIS as online account doesn’t shows me the option to upload documents. Can I send via mail?
I am not so great at the online account stuff, as I am not a fan of the USCIS system. However, maybe double check again to see if you can find an option to upload documents, as it should be there. Sometimes, it is not easy to find what you need in the account. If you cannot find it, you can send a response by mail. Send it to the address where you last received a receipt and include a copy of the receipt so they can hopefully match your letter to your file. Keep a copy + the mailing receipt so you will have proof that you tried to correct the error if you are ever asked. Also, if you have not submitted the medical exam, you will get a request for that, and that would be a good time to send the correction (i.e., with the medical exam). If you end up getting an interview, you can also bring the correction (and proof of mailing) to the interview. Take care, Jason
Hi- in your online account, navigate to “Documents”>”Upload Evidence”… If this option isn’t available in your online account, then you can mail and or email
Thank you Jason. Once I filed RFE not received notice, I got one in mail today and it is for I-693 and it is due by 05/13.
First, I never received the RFE in February, my online status still shows status from 2022, and now this letter says if they dont receive the RFE response by this Monday, it will be denied and there is no extension.
So, how can I handle this situation given it was not my fault? I also tried to file ‘Outside Normal Processing Times’ before April but the online tool didn’t allow me and told to wait.
The only reason I found out about RFE was once I was able to file the ‘Outside Normal Processing Times’. I also filed a case with USPS and got a call from local postmaster who claims no such letter ever arrived in the post office and I do check USPS informed delivery everyday which didn’t have anything from USCIS.
I never moved, no address change or anything.
It does not make sense like how does one even find out an RFE was issued, when it was never delivered, no status updates in the USCIS case status and no way to talk to a live person?
It seems like half of an immigration attorney’s job is to correct mistakes made by USCIS, and so the fact that they screwed this up and put you in this position is (sadly) not a surprise. Obviously, you can try to call around to see if you can find a doctor to see you today, but my guess is that will not be possible. If you have an online account, you can file the RFE response through that with an explanation about what happened, including any documentation you have such as screen shots of your efforts to communicate with USCIS and any written documentation of your efforts with the post office. I would also include a letter explaining what happened and including specific dates for your actions. Then I would request extra time. You will have to send a copy of the RFE cover letter back to USCIS – put that on top of your submission (whether this is done online or by mail). Keep a copy for yourself so you can submit that with the medical exam after you have it. When you submit the exam, I could again include all the info about why it is late. Also, as much as it is their fault, and you will need to explain that, you have to keep the letter polite. This is all pretty awful and stressful, but I think there is a good chance that if you explain what happened now and send the medical exam as soon as possible, that you will be ok. Good luck, Jason
Thank you so much for your valuable suggestion. I submitted a request for extension with all evidences and screenshots from their websites with no status updates and to check uscis status to check if RFE was issued. I was also able to squeeze in an appointment with civil surgeon and she asked for TB test and few other STD tests and I was able to get all these tests done with my insurance provider scheduled for this Monday. I think I should have the response to USCIS by end of next week with overnight since the USCIS office is like 10 miles from where I live.
So, now if they still deny my request even with no fault, is it better to file motion to reopen or just reapply from scratch?
If they deny it, I think you will need to see what the denial letter says. Sometimes, it talks about reopening and other times, it says that you cannot. In general, I would say that if you want to move faster, you should file again, but before you do that, you definitely want to see what the letter says. Hopefully, this will not be necessary. Take care, Jason
Thank you Jason. I don’t know why but problem keep following me. I have one final question for you.
I met with civil surgeon and got all the test done and looks good except one.
Civil surgeon ordered TB Gold test/blood(IGRA) but my PCP performed TB skin test(TST).
My TST came positive so I did a chest xray and my PCP cleared and certified in a letter that I do not have TB.
Civil surgeon was little hesitant to accept it since initial screening is not what was recommended but he said he will accept it since XRAY was performed and the report looked good and PCP cleared me with a letter. So, he gave me that sealed envelope with a little note in i693 stating what happened above.
Since USCIS requires IGRA test but my test was TST followed by X-ray which would have been the same route if IGRA was positive as well, I am not sure, do I send that to USCIS or do I have to again do IGRA and include the same Xray and certification that my doctor did to meet USCIS requirement?
1. Since, I am already late for submission, I am not sure do I hurry and send what I have or wait little more to fix the screening test result?
2. Since civil surgeon said its fine but USCIS doesnt like it, will they send me another RFE to fix ir or will they deny my i485 for that IGRA vs TST TB test?
Any thoughts or experiences you have?
1 – I would send it now, and if you are worried it will not satisfy USCIS, you can include a cover letter about the issue, explaining that you had little/no time to get the exam done because you did not receive the USCIS letter timely, and that you will send another exam as soon as possible with the other test. Then, you can send the new test once you receive that with a cover letter explaining again what happened (you will also need to copy the USCIS letter to use as a cover letter for both submissions). 2 – I have not seen this exact issue, and so I do not know about that, but I believe if the exam is faulty, USCIS will generally send a letter requesting that it be corrected. Take care, Jason
Thank you so much Jason. I just wanted to update you that I was approved today. They also accepted my request my extension and officially updated case status stating they sent me the RFE again which I am yet to receive. Couple of days after that update, they updated the status stating that they received my response. I suppose they only opened my RFE response after accepting the extension request.
So both, late submission with explanation and mixup of TB test for medical were accepted by USCIS.
Thank you once again.
That’s great – you can’t always trust USCIS to do the right thing, so I am glad they did here (and to be fair, they often do the right thing in situations like this, but when they don’t, it sticks in my memory). Take care, Jason
So sad , how people lives are not considered. Some families are separated for 6-7or 10 years and nobody seems to care in asylum office . Every steps take a ridiculous amount of time even to renew your work permit , the system is so broken and I think they did it on purpose. But those are people , families, children , spouses and parents that are sometimes separated. I’m in a middle of a breakdown because of the long waiting. 8 years before having an interview and 2 years waiting for the answer . My family is still overseas, when I will see them , only God knows , separated for 10 years now . I’m writing this with some tears but what can I do ? I even try the mandamus lawsuit it’s just a waste of money .
I wrote posts that might be of interest on May 31, 2023 (about the idea that the long wait may be deliberate) and January 9, 2018 (about the hardship of waiting). I do think it is worth trying to expedite – I wrote about that on March 23, 2022. If that fails, which it likely will, you can try a mandamus lawsuit. As far as I know, such lawsuits are usually successful. It may vary from office to office, but at my local office (Virginia), it seems like the only way to get an interview is to file a mandamus lawsuit. Take care, Jason
Jason,
We enjoyed reading this article at our office. Thank you for sharing the pre-publication summary.
James
Hello Jason
What will happen if I applied for renewal for my work permit on asylum pending after the existing one expired
They will issue the new work permit, but technically, if you do not file before the old card expires, you are not eligible for the automatic 540-day extension. If someone looked carefully at the receipt and the old card, they might notice that the receipt date is after the expiration date on the old EAD card. But whether employers understand this and will not allow you to work, I do not know. Take care, Jason
So…Will Professor Faiza W. Sayed do a better job than DHS secretary Mayorkas and USCIS director Ur Jaddou ? in terms of designing and implementing asylum policies ? Should Pres. Biden have appointed Prof. Sayed instead of Mayorkas and Jaddou to those positions ?
I have no idea, but she has some excellent ideas and those in power would do well to pay attention. Take care, Jason
I am sure she has some excellent ideas 🙃…
But your blog is very publicized and sometimes quoted. The status of you as an asylum expert also will lead people to your blog…
Do you really think DHS or USCIS officials haven’t read your blog and haven’t given them any thoughts ? (as opposed to, they saw your comments and articles, considered…and eventually rejected…your proposal ?) I remember, from you, that your blog is banned in certain countries…So I believe that…I mean I speculate that…domestic officials will have a higher chance to see your blog than those foreign officials ? right ? just curious…
I have no idea who sees it, but so far, no one has come calling to me for advice. I will let you know…
TBH, your overuse of ellipses and your ridiculous, and sometimes rhetorical, questions have got on my last nerve!!! If I could block you, I would.
Did I say something that is wrong ? I asked him a yes/no question, and he didn’t provide a satisfactory answer. That is from my perspective of course. Because satisfaction is subjective. Some other people see the same text…and might feel satisfied with his answer.
In fact, I know for a fact that former IJ disagreed with one of his positions and I know for a fact that people who at least used to work for asylum offices visited and commented (and that is a disagreement) on some issues. My question is much simpler and non-adversarial compared to the kind of cross examination that immigrants and their counsel will face at immigration court…my bar is low…This kind of no-answering will be frowned upon by immigration judges and could undermine the immigrant’s immigration case and could have real life consequences.
I also want to clarify that my comment is not to bash anybody. We have different opinions regarding asylum and issues around it and different approaches and standards to things. But this is not to say that @Jamie have the license to criticize me for my commenting style. And my question is fair, in my opinion. It may not be a question you like, but it’s a fair question.
The only and easiest solution to the backlog is the amnesty to all those in the backlog and hire five times as asylum office they have now,if they are willing the budget can be found.Even if they require asylum seekers to contribute by paying fees to get interview (it sound weird but better than a lifeyime in backlog).People do pays thousands lawyers fees for mandamus, do you think paying it to uscis to get the same results as mandamus would be an issue?.People separated from family, children over a decade would give anything to see their case resolved.
I realised few asylum seekers even know about what mandamus is, otherwise they ll file in big numbers as we see now.
The real solution is to punish foreign persecutors so that nobody will need to seek asylum.
But unfortunately, there are people whose income depends on asylum seekers…so…if there is no asylum…a lot of immigration lawyers/advocates will be without jobs…
These factors disincentivize them to put out and push for real root-cause solutions.
I 100% agree that asylum seekers should be able to pay a fee to expedite (as certain other types of USCIS applicants are able to do). I wrote about this (most recently) on January 17, 2024. Such an arrangement would benefit those who can pay and also those who cannot pay (since there will be more money in the system overall). I think the backlog can be eliminated without an amnesty by giving much shorter interviews or no interview at all for those who qualify based on the written submission. I wonder if Biden wins another term if he might do that. Take care, Jason
Hi Jason,
Where is this data about the success rate of referred cases in IC?
I did a post on March 8, 2023 that has some data on that point. Take care, Jason