This post is by Hélène Bonvalot, former Director General at Centre Primo Levi in Paris, France and a Fulbright Fellow at the Torture Abolition and Survivors Support Coalition (TASSC) International in Washington, DC.
As the leader of a French NGO working with refugees, I am often asked whether the asylum system in France is more effective than in the United States. Most of my American colleagues believe that the situation cannot be any worse than here, but in fact, seeking asylum is challenging everywhere, with differences and similarities.
From a legal perspective, the same criteria apply to qualify for asylum in both countries. These are defined by the terms of the 1951 Convention on the Status of Refugees, which are enshrined in the French Constitution and European Union regulations.
However, these protective principles are being challenged by restrictive policies, which result from growing anti-migration feelings. A striking example is the January 2024 French law “to control immigration and improve integration.” This rule relies on a narrow interpretation of the right to asylum, and speeds up the procedure to prevent people from settling in France. Similarly, the New Pact on Migration and Asylum, which was recently approved by the European Parliament, aims to strengthen controls at the EU’s external borders, harmonize asylum policies between EU member states–including the least welcoming–and enhance cooperation with third countries to prevent migrants from reaching Europe.
Despite the political will to restrict asylum, Europe and the U.S. are both facing increased migration flows, mostly due to various international crises, such as war and natural disasters. According to the European Union Asylum Agency, 1.1 million asylum applications were registered in 2023 in the EU, up by 18% compared to 2022 and a level reminiscent the 2015-16 “refugee crisis,” caused by the conflict in Syria.
The increase is significant in France, where 142,500 new asylum applications were submitted in 2023. This represents an 8.6% increase over 2022, and exceeds the figures from 2010 by 90,000, and 2016, by 60,000. Although France is the second destination for asylum seekers in Europe after Germany, with 15% of the applications received in 2023, it stands only in 13th place in terms of the number of applications per capita. Despite its major role in the promotion of human rights, France is no longer such a welcoming country for those fleeing war and persecution.
The main access point to Europe is now the central Mediterranean route via Libya and Lampedusa (an Italian island located between Tunisia and Malta). Before they reach European shores, asylum seekers face many hardships, including enslavement in Libya, criminal smugglers, and storms at sea. Most undergo a traumatic journey, that substantially alters their narrative and their capacity to cope with the administrative pathways that follow.
Once migrants reach France and apply for asylum, there are many challenges. While the procedure in France is quite different from the U.S., both systems are complex and difficult to navigate without support from civil society. Whereas asylum seekers in the U.S. endure long waits before getting an interview, people seeking asylum in France face an opposite problem, as there is significant pressure to process cases quickly in order to prevent migrants from settling in the country.
In 2023, the average wait time for an interview with the French Office for the Protection of Refugees and Stateless Persons (Ofpra) was 4.2 months. The wait time for an appeal before the Immigration Court was 6.1 months. These short time frames give asylum seekers very little time to complete their applications, which require that they write their narrative in French in a clear and consistent manner, and that they prepare for the interview or hearing, which potentially determines the course of the rest of their lives. All this takes place while asylum seekers are often still recovering from long and traumatic journeys, and living in precarious conditions. Speeding up the process also reduces procedural guarantees, particularly at the French Immigration Court, where three-judge panels (which had included one representative from UNHCR) are being replaced by a single judge.
Another difference–at least in theory–between France and the U.S. is that asylum seekers in France receive basic health insurance, accommodation in a shelter, and a monthly stipend. However, in reality, fewer than half are actually accommodated, due to insufficient beds. Also, some shelters offer unhealthy living conditions and are located in remote areas. Asylum seekers who are not hosted in shelters receive a higher monetary allocation, but the amount is less than a third of the poverty threshold for a family of four. Adding to the difficulty, the aid is given through a magnetic card, which can be used to purchase food or hygiene products in shops, but does not allow for cash withdrawals or payment online.
Given these conditions, asylum seekers must work to ensure their survival. As in the U.S., asylum seekers cannot work lawfully during the first six months after arrival. After that, access to employment is much more restricted in France than the United States. Indeed, before they can get a work permit, asylum seekers in France must first find a job (which is very unlikely since employers can more easily hire people who already have permission to work), and then their future employer can request a work permit on their behalf. It takes up to two months to get the work permit, which is valid only for a specific job and has a maximum duration of six months (renewable). Due to these conditions, many asylum seekers become undocumented workers.
Finally, let us see what happens after a decision is made. Formally, people who receive asylum in France receive a 10-year renewable residence permit, and are entitled to the same social benefits as French citizens. But in practice, their integration is made difficult by the economic and social isolation they experienced during the asylum process. Also, most face significant delays–exceeding 300 days in 2022–to obtain their residence card and gain access to the labor market or housing. In France, the backlog occurs after the decision, and significantly hinders integration for newly-granted refugees.
If the application is rejected, the asylum seeker loses all benefits and must leave the country. Persons from countries designated “safe” by the French government can be immediately deported. Others are subject to a decision on removal, which can be appealed. However, each year, an estimated 50,000 rejected asylum seekers remain illegally in France. And according to European figures, only 21% of rejected asylum seekers return to their country of origin.
The two different systems–in the U.S. and France–lead to the same struggles for legal protection and survival. The human costs are incalculable for asylum seekers. Host communities too face significant costs. Since the protection rate is roughly the same in both countries, around 40% approval, it is difficult to say which system is more efficient, or rather, less harmful.
Hi Jason,
I have one additional question. I am a refugee under UNHCR and i live in the refugee camp and my case was wrongfully denied by the USCIS refugee officer because of false accusation submitted by our enemies. and the USCIS or (RSC)Resettlement Support Center will not let me to write another Request for Review. my family filed for us an immigrant us visa I am waiting us embassy to schedule me an interview. i would like to know, during the US immigrant Visa interview if i tell the US Embassy about my previous refugee case denial that was denied because of lie against us. What happens about our case if they discover an error made by the USCIS refugee adjudicating officer. Do you think the US Embassy have discretion or full authority to reopen my refugee case. please let me know. I hope a well formed reply. thanks
I think they will ask about past applications and so you will have to tell them – they most likely will already know about it, so lying and trying to hide it won’t help. I think you need to get as much evidence as you can to show that the prior accusation was false. Maybe if you have that ready and can present it to the embassy, it will help overcome the prior problem. Take care, Jason
hello jason, I am a refugee under UNHCR and i live in the refugee camp and my case was wrongfully denied by the USCIS refugee officer because of false accusation and they will not let me to write another Request for Review. i want to file a complaint letter to the BIA. Are refugees allowed to file a complaint letter to the Board of Immigration Appeals? if yes, can you help with their contact address. please let me know. I look forward to your reply. thanks
As far as I know, the BIA does not do anything with refugee cases and so I think that is a dead end. If you are really wanting to come to the US (as opposed to another country), maybe you want to talk to an immigration lawyer here about your options. Specifically, you would want someone who does consular processing cases. Take care, Jason
I don’t have first hand experience in the justice system in the U.S….but the EOIR and BIA are both within the justice department…so…
In a lot of countries…people who are rich and powerful can influence the prosecutors and judges (bribe, kickback)…another is that in some countries, judges just rubber stamp whatever government prosecutors’ charges against the defendants…
Should I worry such things could exist in this country and be encountered by us ?
Many judges are former prosecutors and sometimes, they have a prosecutor mentality. Most judges I encounter are fair and do their best, but there are some outliers. Take care, Jason
That’s not very good…
Hello Jason,
My individual hearing at Baltimore Court was assigned for next month. But when I approved for TPs they removed the court date. My attorney requested a motion to keep the date. My question is there any chance the judge deniel my motion?
Much respect
This seems to vary by judge, but in the past (even the recent past), we have been able to complete cases in court where the person has TPS. So hopefully, the judge will grant the motion. Take care, Jason
Sharing my timeline:
01/2017 Filled I-589 (Arlington Office)
…
I sent many email about when my interview would be or whether it was possible to put me on the short list and nothing.
…
08/2022 Interview in Arlington Office
…..
in 2023 I sent a lot of emails to Arlington Office/Ombudsman/Congressman about decision and always received pending decision or you need to wait or something like that (auto response i think). Also I moved in FL.
…..
01/2024 I filled Mandamus with lawyer.
01/2024 3 weeks later lawyer said I has been approved and sent me letter. Status has been changed to waived fee.
Total 7 years
P.S. I filled and prepared everything without lawyer except mandamus on last step (to get decision)
Hello DV,
Congratulations on your approval. My decision is also still pending. Do you have any guess why yours took that long?
It’s always different…it could be 1 year, or it could be 3 years…
Can you please explain me how you did you mandamus lawsuit . Please email me I need help
Hey Jason!
My situation is:
1) I received approval for asylum (I’m asylee now) in January 2024. I have a wife (she is not included in my asylum case) and she has a separate case for political asylum (she sent i-589 in 2022 when she was in tourist status (B1/B2 visa) that is pending (no interview yet). She and I got married in couple days after I had an asylum interview (in 2022), but before the final decision (01/24).
2) Month ago I found out that I also won the lottery. In 2023 when I filled out the form for a green card, I indicated her as my wife.
I know that I can get a green card through political asylum or through the lottery.
Question: what is the easiest way for both of us to get green cards (let me remind you that my wife is in pending status and I have asylee status (I received approval for political asylum after the interview)? Asylum or DV lottery?
And in general, the main question is whether it is possible for her to adjust her status if she currently has no status, but is a derivative like my wife?
Thank you, Jason. I appreciate for your help.
Technically, you should be able to file an I-730 for your wife (I think), since you were married before asylum was granted. I am not sure whether it would be a problem that the marriage occurred after the interview, and thus there is no record of her at the asylum office, but you might check the I-730 instructions, as I think you can file for a spouse as long as you were married prior to the decision. If so, that may be the easier path, since I do not know that she could benefit from the lottery without leaving the US to consular process. If she cannot benefit from your lottery win, I think you are better off forgetting about the lottery, since you can file for your GC based on asylum (I recommend you wait 6 months after asylum is granted to file for the GC). If she is not eligible for the I-730, maybe you want to talk to a lawyer to see whether she has a path based on your lottery GC, but that seems less likely to me. Take care, Jason
Isn’t it possible that she lost her status due to the fact that USCIS is considering the case for a long time? She submitted Form 589 while she was in status, does that not give her the right to adjust her status in future?
Thanks Jason for your reply.
The fact that she submitted the I-589 while she was in status means that she has no “unlawful presence” and that means there should be no bar to leaving the US, obtaining the GC, and returning (though maybe there are other bars – you would have to have a lawyer look at the specifics). However, that does not make her “in status” for purposes of adjusting status (i.e., getting the GC inside the US) and I doubt she would be eligible for that. If she is eligible for the I-730, that can be done inside the US. I think it is worthwhile to talk to a lawyer about the different options and hopefully, you can resolve her status. Also, I wrote more about these issues on August 28, 2018 and September 6, 2018 and maybe those posts would give you some ideas. I also wrote about asylum and the DV lottery on October 5, 2015 if you are interested. Take care, Jason
Is it possible to submit I-730 (to obtain status) and at the same time begin preparing documents for the AOS (for me and her) and inform there that we expect to receive status for her through I-730. Is there a chance that this will work?
P.S. Thank you Jason
You can do both, but I am not sure this is a good idea since you have to pay for the adjustment of status and it might be denied. I would talk to a lawyer about eligibility first and see what you can do, and then take action (though you yourself can file to adjust now/soon based on the asylum case – I wrote more about that on February 8, 2023). Take care, Jason
To the message above. I mean preparing documents for the AOS via DV lottery
Thank you Jason for your replies.
P.S. You are best and I’m reading you from 2016 😉
Thank you, Jason
If…an asylum seeker, who eventually was granted asylum and became us citizen…decides to revenge…
So s/he went back to his/her country of origin, and in someway…have the persecutors dead…and come back to the U.S….
assuming this country of origin has no extradition agreement with the U.S….
will this former asylum seeker-now us citizen be in trouble…
Other countries may have an extradition treaty, and so if the person travels, maybe another country will detain and extradite the person. Take care, Jason
But at that moment…this person is already a us citizen…right ?
How could the former country ask a 3rd country to extradite a U.S. citizen (and no longer a citizen of its own)…
Just curious…
A US citizen can be extradited to another country for a crime. Take care, Jason
That’s right. I agree
Seriously, what kind of question is this? Why would a former asylee, having naturalized, go back to their country of origin (COP) to commit murder and then attempt to return to the U.S.? Who in their right mind would leave the U.S. to commit premeditated murder, unless they were working with the U.S. government? Imagine an LGBTQ person deciding to go back to their COP to kill those who taunted or beat them up. This would be no different from a natural-born American going back to their hometown to kill those who assaulted them. Do you think this person wouldn’t be charged with premeditated murder? Common sense is not so common.
Why could persecutors do something bad and walk out scot-free ?
Why did the LGBT person do something bad to them and then this LGBT person will be prosecuted ?
Is it double standard again ?
I believe some old fashioned an eye for an eye…
Also, the harm of persecution usually extends beyond just physical and beyond just the moment. A lot of victims still suffer from PTSD after the harm inflicted or some effects that are ever-lasting and damaging…
I don’t understand why people who inflicted such harm and damaging effects…don’t deserve to die…
It might be a good movie. “This time, it’s personal!”
I believe that it’s not a good idea to mock former asylum seeker now us citizens…
I’ve long said that our asylum system lacks a punitive arm…
If a persecutor did something so bad that makes a person eligible for asylum…then s/he probably deserves some punishment for what s/he did…
It sounds like as long as this former asylum seeker doesn’t travel anywhere after returning after having the persecutors dead…then…nothing probably will happen, right ?
Then I say they are fully justified in imposing this punishment to their persecutors…
If the persecutors can harm former asylum seekers and walked out scot-free, then the former asylum seeker ought to be able to harm the persecutors and also walk out scot-free. Just my natural sense of fairness.
Good day Jason.
I applied for asylum with my wife as a dependent.
During our wait for an interview, my wife got detained in airport, received notice to appear. However, they never called her from immigration court and they never scheduled a hearing.
I went to an interview couple days ago.
Can you advise what happens with my wife if I get approved? They were a bit confused in the office but they took her fingerprints and information. They couldn’t tell us in the office what happens next since she is in Immigration Court system as well.
Per my understanding, she was detached from my case during the interview.
If I get approved, I have to file I-730 form. Upon the approval of I-730, I have to hire attorney so they can go to Immigration Court and ask them to drop charges.
Do you think my chain of logic is correct? I’m afraid that they will reject I-730 since she is Immigration Court.
Maybe you know approximately timeline for these two steps? We waited for an interview for 7.5 years. It will be a shame if we have to wait several years due to unprofessionalism of airport staff that detained her.
@CITIZEN K, I am sorry for what your wife has gone through. These mistakes made by “these people” are always costly. Quick question, how did you manage to get your interview and when she was travelling back, was she travelling on Advance Parole? Thanks
Mandamus action.
No advance parole since she was traveling within US territories.
Assuming she has been removed from your case and you win your case, you can file an I-730 for her. Normally, in that situation, the immigration court would dismiss her case. The only exceptions would be if she had criminal or national security issues. I do not think she needs a lawyer to get the case dismissed in this situation – she can go to the first hearing, called a Master Calendar Hearing, show the judge the I-730, your asylum approval, and proof of the marriage, and they will probably agree to dismiss. If not, she can find a lawyer after that. The big problem seems to me that they gave her an NTA but never started the court case. I would not take any action yet, but if your asylum is approved, you can reach out to DHS (the prosecutor) to ask about the case and getting it dismissed. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. It would be easier to have a lawyer help with all this, but I do not think it is necessary. You can try it yourself and if you do not make progress, then you can get a lawyer. Take care, Jason
Thanks Jason. So you think I can reach out to DHS(the prosecutor) even before filing I-730?
Or to be safe I should first file I-730, get it processed by USCIS to ensure that she has the same status as me and than reach out to DHS to dismiss it?
Just want to make sure that my wife won’t get in even worse situation because of wrong steps.
Processing times for I-730 on USCIS website seems to be 21 months, does that align with the practice of your office? 2 years is a lot
Typically, you would not contact DHS at least until the I-730 is filed, but I guess you could reach out beforehand. I just think they are unlikely to dismiss based solely on a future plan to file the I-730 (but you never know). I don’t really see why there is harm in reaching out early; I just think it won’t work. In terms of the time frame, it is hard to remember, but I think we are seeing I-730 cases approved in a somewhat faster time frame maybe 1 or 1.5 years, but I would not be surprised if the I-730 took 21 months (you can try to expedite – I wrote about expediting in general on January 29, 2020). Take care, Jason
Thank you Jason & Person that shared their timeline about I-730.
How would I know if they detached my wife from the case during the interview? Is it going to be indicated in decision letter?
If your wife is listed on your form and you are still married, and you did not ask to remove her, I imagine she is still part of the case. However, unless she is a dependent (meaning she went to a biometric appointment as part of your case and attended the interview with you), your asylum case will have no effect on her, and if you win, you would have to file form I-730 for her if you wanted to give her status. If she is a dependent and did not show up at the interview, I think she cannot be granted asylum as your dependent, since the interview is required. Take care, Jason
Thank you Jason.
I didn’t ask to remove her, she was included in the form, and she was present in the office during the interview (they asked her to wait in the waiting room while I was interviewed). During the interview, officer asked me 589 questions about wife so I take it as a positive sign.
However, I’m concerned that since she has Notice to Appear, they will drop her from the case before making the decision. If they do it, It doesn’t make sense to me since I can file I-730 afterwards to attach her back. This all sounds like a bureaucratic catch 22.
Maybe I did not understand – if she has an NTA and a court case, she is not eligible to get asylum at the asylum office as your dependent. Instead, if your case is approved, you will need to file a form I-730 for her. Once that is file, you can ask her judge to dismiss her court case and then (once the court case is dismissed), she should be eligible to get asylum based on your approval. It is not exactly a Catch-22, but it is a nuisance and a waste of time. I guess if you can somehow get her court case dismissed before your decision, you could try to inform the Asylum Office and see if it is possible to add her as a dependent before they issue the decision (so she gets asylum at the same time, if asylum is granted). I think that is unlikely to work, given that the court may not dismiss at this stage and that it is not easy to add a dependent, but I guess you can try. Take care, Jason
I filled form 730 for my son and all the process only 7 months. It was even delayed because I got RFE.
Thank you very much Jason. Thank you for answering all my questions sincerely. Thank God, I am getting my green card after a long time. I hope everyone gets their green card as soon as possible. I have a question on my mind. They invited me for an interview. I received an e-mail from them. on June 15. What do you recommend me to do? Thank you jason…. information as below.. May 31, 2024 Case Was Approved
May 30, 2024 We ordered your new card.
May 24, 2024 We scheduled an interview for your Form I-485, Application to Register Permanent Residence or Adjust Status.
May 24, 2024 We are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, for an interview.
October 3, 2023 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken.
September 30, 2023 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our National Benefits Center location is working on your case.
I am not sure I understand this – it sounds like they scheduled an interview for June 15 and that they already sent the green card? Some people are interviewed for the GC and others are not, so an interview is a possibility, but normally, the interview is first, and if all goes well, then they send the GC. If you are scheduled for an interview, you should attend. Even if you have the GC, you should attend, as you want to make sure there are no issues with the card. Most likely, if you have the GC already and go to the interview, they will just tell you that there is no need for the interview, but you never know, and so if they schedule you for the interview, it is best to attend. Take care, Jason
Hello jason I hope everyone gets their green card as soon as possible. There is a question on my mind. . They gave me a date for an interview. I received an e-mail from them. I’m sharing the table below, I don’t know what I should do. What do you recommend. Thank you Jason for everything. May 31, 2024 Case Was Approved
May 30, 2024 We ordered your new card.
May 24, 2024 We scheduled an interview for your Form I-485, Application to Register Permanent Residence or Adjust Status.
May 24, 2024 We are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, for an interview.
October 3, 2023 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken.
September 30, 2023 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our National Benefits Center location is working on your case…
I am a person who is not fond of double standards, because it’s inherently unfair and promotes inequality and injustice.
It seems to me that the people’s tolerance of Trump is much more than Biden, Trump has committed a felon and have many other, in my opinion, drastically bad immigration policies. But both anti-immigrant and pro-immigrant people seem to have more negative reviews about Biden’s job performance…How he is not doing enough, even though I personally believe Biden has done a fantastic job and deserves more credit than he currently receives in immigration. Is there a double standard engaged in here ?
In addition, why it seems more people (including some immigration advocates) are mad about … situation at the border than interior ones ? A lot of asylum seekers came here through visa (a lot fail to disclose their true intention of seeking asylum btw) and filed I-589 shortly around their visa’s expiration dates…Why do some people (e.g. republicans and some pro-immigrant people) choose to criticize border asylum seekers but largely spare affirmative asylum seekers ? Is there any evidence that suggests affirmative asylum seekers are more likely to be granted asylum or file more meritorious claims than defensive asylum seekers ? If not, then should we try to make affirmative asylum seekers also share a portion of wrath by anti-immigrant people…because I feel that this kind of policies should be fairly and equally applied to all asylum seekers…selective enforcement is double standard in my opinion and should be discouraged…
I think Trump is criticized for his racism and anti-Muslim, Black, Mexican, Asian, etc. bias. Biden is criticized for uncontrolled immigration (and I agree that this criticism is somewhat unjust), and – at least by me – for the systematic incompetence at different immigration agencies. Is that unfair? I do not know, but I think it is true. I think if Trump returns, things will be much worse for our country, and much, much worse for immigrants. In terms of the border, that is the most visible and politically problematic piece of the whole immigration mess, and so I think that is why it gets more attention. Take care, Jason
Mr Jason ,
Thank you for your support for all the asylum applicants
My case is referred to immigration judge last week and the Judge name is Mark K Brooks in hyattsville Maryland
I am unable to find the approval stats for the judge online
Can you please tell what’s the approval rate for this judge and my master hearing is in October I have 2 questions first is it mandatory to go with an attorney at master hearing or can I go by myself second question is how long is the wait for final hearing with this Judge (Mr Mark k brooks) after my master hearing
Thank you in advance
This judge is probably new, as I have never heard of him. You can Google his name + “EOIR Immigration Judge” and probably find his biography, where you can learn something about him. Most of the new judges are pretty good. Also, since he is new, his schedule may be relatively open, and you may get a final hearing relatively quickly. Or maybe not, but that is the case for many new judges. Finally, if you plan to use a lawyer for the case, it would be better to have one for the Master Hearing. Otherwise, the judge may tell you to come back to another Master Hearing and bring a lawyer. If you do not plan to use a lawyer, you will have to tell that to the judge and maybe he will schedule you for a final hearing (some judges will push you to get a lawyer, so you will have to see what happens). Take care, Jason
Hi Jason,
My work permit is expiring in November and it’s less than 180 days now so can I apply for it now, Secondly I was referred to the court early this year so I will apply it under same C08 category and what additional docs should I upload with the application
Thank you
That is all correct. You should also include documents showing that you have an upcoming court case, such as the Notice to Appear and the latest order showing your upcoming court date (if you do not have the paper copy, you can get that online if you follow the link under Resources called EOIR Case Status). Take care, Jason
Hi Jason
Do you think the immigration office will expedite the interview process for asylum seekers with disabilities?
Thank you
Sometimes they do – it is worth a try. Provide evidence about the disability and why you need to expedite. I wrote more about this on March 23, 2022. Take care, Jason
Hello Jason,
My Asylum based green card application transferred from National benefit center to Texas service center a year ago on 05/20/23 (P.O.BOX 851488, DEPT. A, MESQUITE, TX 75185-1488). Texas Service Center Moved to New Address on June 26, 2020 (6046 N Belt Line Rd. Irving, TX 75038-0001) I don’t understand why National Benefit Center transferred my case to the old address. I need your advice. what I’m going to do.
Thank you
These types of cases are typically taking 1 or 2 years, but you can check the processing time at http://www.uscis.gov, and if you are outside the normal processing time, you can make an inquiry. In terms of why the case was moved, USCIS moves cases around depending on the caseload at different locations, and so I would guess that the move has no real meaning or effect on your case. Take care, Jason
Hi Jason,
What are the main raisons for the denial of Advance Parole? I applied for advance parole for all my family members when I applied for green cards, but today, one of the applications got denied and I believe that all will end up being denied. Though I have not yet received the notice, may I know the main raisons for denials?
The denial letter should explain the reason, and there are too many reasons to speculate. Also, it would depend on whether you are applying based on your status as a person with pending asylum (which it seems you are not) or for some other reason. The Form I-131 is confusing and so maybe you completed the wrong parts of the form or failed to complete a necessary part? I doubt that would be a reason to deny, and so I am not sure. Take care, Jason
Thank you for your response as always. Do you think the other applications could be approved? Only one application was denied so far and I am still waiting for the notice of denial. What would be the correct application type when you are an asylee: advance parole to allow me to return or I am now an asylee applying for a travel document? Please, advise
If you have asylum (i.e., asylum was granted), you should apply for a Refugee Travel Document. If you applied for AP, maybe that is the problem, but again, I think you will need to see the paper denial. If that is the case, and if you have an online account, I guess you can try to submit a letter telling USCIS that you applied under the wrong category and requesting that they switch your remaining applications to RTDs. You can also do that by mail or try to call them to ask (800-375-5283, though calling is very difficult). I do not know that this would work, but you can try. Take care, Jason
Thank you Jason. I saw that my wife’s advance parole document was produced today and hopefully mine and my other child will be produced soon. Which document looks like a passport among the two then? Once I get the denial paper, I will let you know. Thank you for all you do for this community of demonized people.
AP is a piece of paper that has your photo on it and works like a visa. The Refugee Travel Document looks like a passport, but is only valid for one year. Take care, Jason
Thank you for the clarification. Is the processing time for the Travel Document same as advance parole? I saw that my wife’s advance parole document was mailed out today though mine has not been approved yet. However, it is impossible for me to renew my COD passport, therefore; we will need to apply for travel documents but I don’t want to wait for another 8 months. Have you ever requested an expeditious review of such a document?
You would have to check the processing times at http://www.uscis.gov, as I do not know, but neither AP or the RTD is fast. You can try to expedite the RTD. That is not easy, but certainly you can try – I wrote about expediting in general on January 29, 2020. Take care, Jason
It’s good news, right ?
I obviously don’t like Trump and I think the conviction is well deserved, but whether it is good news for our country, I have my doubts. Take care, Jason
No, those systems are not similar. No, it’s not bad when you wait for your interview for 6 months. What is bad is when you wait for 10 years and then 2 years to travel and 5 years for a Greencard. No, it’s not a terrible discrimination when you have to write your asylum case on the language of the country where you apply (no one in USA asks for a right to create their case on the language other than English because wtf).
Please learn something about real position of asylum seekers in America (those who did not come for economical reasons) before you do such comparison. Or just try to be locked inside the country for 8-10 years without documents and then write articles about terrible struggles of people who have to file “too soon”.
Hi Jason
We are waiting I-94 for the last 2 months. After the court granted. What shall we do?
Thank you
There was an announcement that people granted asylum would automatically receive the new I-94, but I have never seen that happen. You should Google “post order instructions in immigration court” and follow those, and then you should get the I-94 and a new work permit based on asylum granted. Take care, Jason
Hi Jason
We received asylum granted in April at the immigration court and applied for I-94.
We still not received the I-94. What shall I do? Is it normal procedure?
Hello Jason,
I submitted my Form I-589 online under the affirmative category, provided my biometrics & was waiting my interview since last year. Recently, I updated my address and received an email from USCIS indicating that decision has been made on my application. The online status showed that next step is an in-person interview, but now my application status shows as “case closed” with a decision made. I have already sent an email and tried contacting USCIS through their website, but I haven’t received a reply. What should be my next course of action
Maybe try emailing the asylum office directly, if you have not done that – you can find their email if you follow the link under Resources called Asylum Office Locator. If they do not help, reach out to your Congress person to see if they can do an inquiry. You can also file a Freedom of Information Act Request to try to get a copy of your file. Under Resources, there are links to House of Representatives and FOIA USCIS for those. It would be good to know the status of the case, but hopefully, it is still pending. Take care, Jason
Thanks for the reply, Jason. The first thing I did was to file FOIA request online & now I’m waiting for their response. My question is: if I reapply, will I have already missed the one-year filing deadline?considering it’s now almost two years since I have been in US , although my last application was within the one-year timeframe.
I’m also considering having my wife apply as an individual candidate since she has one month left before her one-year filing deadline passes. This way, we can both have two chances.
I think it would be considered an exception to the one-year filing requirement if you already had a pending case, especially if that was dismissed without your consent (or due to USCIS error). Of course, it is always better to file within the one year, and so if your wife has a valid case, maybe she should file and you can be her dependent. Or – as you suggest – you can do both, which I normally would not recommend, but given the strange circumstances, you could do that. Before you take action, I would keep trying to determine whether your own case is still pending. If you cannot figure that out soon, maybe then your wife could file before her one-year deadline, with you as a dependent (she may need to file at the Asylum Vetting Center in Atlanta – see the Special Instructions on the I-589 web page at http://www.uscis.gov) and/or you can file again. Take care, Jason
Thanks for sharing Jason.
Please correct me if I’m wrong: We will be applying separately. I believe my application will go through asylum vetting center, while she can file online as it’s her first application as a principal applicant. We don’t want to add each other’s as a dependent until asylum is approved. Once one of our I-589 applications is approved, the other can be added as a dependent. Yes we both have good cases. Please advise. Thanks
Maybe I missed this, but if she was a dependent on your asylum case (that may now be dismissed), I think she would have to file at the Vetting Center. I am not sure, as they have changed the rules there, but if you check the Special Instructions, you should be able to see that. If she was not a dependent, she should be able to file online. Take care, Jason
Thanks for the reply, Jason. The first thing I did was to file FOIA request & now I’m waiting for their response. My question is: if I reapply, will I have already missed the one-year filing deadline? considering it’s now almost two years since I am in US although my last application was within one-year timeframe.
I’m also considering having my wife apply as an individual candidate since she has one month left before her one-year filing deadline passes. This way, we can both have two chances.
Do you think Trump will be convicted in his hush money case ?
I have no idea. We shall see. Take care, Jason
Well I think Trump conviction won’t change anything for asylum seekers! Actually both Trump and Biden won’t drastically change our fate! Congress might easy or ruin our life. Let’s Americans vote and we will wait for the outcome🙄
Trump conviction could affect election outcome…