The Asylum Offices have lately begun scheduling interviews for the longest-waiting applicants. The good news is that people who have been waiting seven, eight, nine years or more are finally receiving interviews. The bad news is that the Asylum Offices are giving little notice prior to the interview–often only a week or two–and so applicants have insufficient time to get ready.
Last time, I wrote about what applicants themselves should be doing now to prepare for their interviews. Today, we’ll discuss how the Asylum Offices can improve efficiency and ensure due process of law for asylum seekers.
First, it is important to understand why sufficient notice is important. The most obvious reason is that without advanced warning of the interview, applicants may not have time to gather additional evidence, update their affidavit, and obtain current country condition evidence. Applicants also need time to practice for the interview and to mentally prepare. Asylum cases often involve discussing difficult and painful topics, and for an interview to be scheduled at the last minute after many years of waiting can be very disorienting and upsetting. In addition, pro se applicants often want to hire a lawyer to finish the case and attend the interview. When the interview is scheduled with little advanced notice, it may be impossible to find an attorney who is available to assist.
The last-minute scheduling is also very difficult for attorneys who represent asylum applicants. Most such attorneys have many cases, not to mention family and other life obligations. When an interview notice comes in, we are forced to drop other work, and shift gears to quickly complete and file updated documents, schedule time to prep the client, and then attend an interview, which can easily last all day. Attempting to incorporate all this into an already busy schedule is–at best–disruptive, and at worst, impossible. Many attorneys that I know are overworked, over-stressed, and thinking of leaving the field. As asylum interviews ramp up, these problems will only get worse, causing lawyers to take fewer cases and charge more money.
I often suspect that the Asylum Offices do not appreciate how much work and time it takes to prepare an asylum case. If USCIS understood better what was required, maybe they would make a greater effort to ensure applicants have enough advanced notice to get ready.
All that said, there are changes that the Asylum Offices can make to give applicants more notice prior to the interview. Below are a few humble suggestions:
Bring back the Asylum Office Scheduling Bulletin: Prior to January 2018, when FIFO (first in, first out) was a thing and the Asylum Offices were interviewing cases in the order received, USCIS posted the Asylum Office Scheduling Bulletin, listing which cases were currently being interviewed at each Asylum Office. So, for example, it might state, “Newark, NJ – August 2015,” meaning that the Newark Asylum Office was currently interviewing cases filed in about August 2015. If you filed your case in October 2015, you knew that your interview would likely be coming soon and you should get ready. Now that USCIS is scheduling some of the oldest cases for interviews under the FIFO system, they could revive the Scheduling Bulletin to give us an idea about when to expect interviews for the longest-waiting applicants.
Directly contact applicants before scheduling an interview: Even better than the Scheduling Bulletin, USCIS could directly reach out to applicants before scheduling an interview. This would obviously require more effort on their part, but it would significantly increase overall efficiency. That’s because, historically, a significant percentage of asylum interviews are either “no shows” or are rescheduled. In FY 2022, 39% of scheduled interviews did not take place because either the applicant failed to appear or the case was rescheduled. This data is for new applicants (under LIFO–last in, first out) and it stands to reason that an even higher percentage of old applicants will not appear (because they left the U.S. or obtained status some other way) or will need to reschedule to update their cases and prepare. If the Asylum Office knows which applicants will be scheduled soon, they can reach out to those people, determine whether an interview is still needed, and give applicants a warning that they should get ready. All this will allow applicants (and their attorneys) to prepare for the interview and should dramatically reduce the number of interview slots that are wasted when applicants reschedule or do not appear at all.
Do not schedule applicants who do not need an interview: During the years of delay, many asylum seekers find alternative paths to legal status, maybe based on a family relationship or a job, for example. For those applicants who have another form of relief available, the Asylum Office should postpone the interview until the other application is resolved. Currently, the Asylum Offices require all applicants to appear for an interview when called, even if the person is clearly eligible for other relief. This is a waste of Asylum Office resources and a waste of time for the applicant.
Only schedule applicants who want an interview: Some applicants desperately want an interview. Others prefer additional delay because they have a weak case or they hope to accrue 10 years in the United States in order to apply for Cancellation of Removal in Immigration Court. Why not allow such people to further delay their cases–maybe indefinitely–and give their interview slots to people who actually want an interview?
These changes would benefit asylum applicants and their attorneys, who will have more time to prepare their cases and more control over their schedules. They would also benefit the Asylum Offices by reducing “no shows” and reschedules. We should be grateful that the Asylum Offices are making an effort to interview the oldest cases. Now they need a system to ensure that those interviews are efficient and respect applicants’ right to due process of law.
Hello Mr Jason I filed my work authorization renewal back in March along with a fee waiver. My case status has been indicating “decision in 3 weeks” for a while now. Do you have any experience with renewals done with fee waivers.
Wait times for renewals are very variable and they can take months. If you have the receipt, you should be ok. Also, note that if you filed to renew the old card before it expired, the receipt automatically extends the old card by 540 days (or maybe 180 days – they keep changing it, but I think it is currently 540). The receipt itself indicates this. Take care, Jason
Thank you Mr Jason, I filed for after it had expired I didn’t have the funds and later found out about the fee waiver form.
Some employers may accept the receipt anyway; you would have to ask. Also, if you wanted to try to expedite the new EAD, I did a blog post that might help about (expediting in general) on January 29, 2020. Take care, Jason
Hello Jason,
By the means of your awesome help, almost I am at the end completing to fill-out my I-485. Thank you for your help so far. I have three kids 16yrs, 14 and half years and 10 years minors. So my question is should the elder 2 guys can sign on part 10 item 6.a. page 16 of the form?
Should the parents considered, as preparer of the form? If so I am considered as preparer, should I sign 8a,8b and fill all the blanks of the form from 3a to 3b?
Respectfully //
They can sign or since they are minors, you can sign their name and put your initials next to the name. Assuming you prepared the forms for them, you should list yourself as the preparer, but I do not remember the form or whether that section is only for a lawyer or legal representative, so be careful to check that (you do not want to say that you are a lawyer when you are not). Take care, Jason
Got it,
Thank you very much.
Hi Jason, If an AO makes a decision on a case in two weeks after interview, without any lawsuit to USCIS, does it indicate “referral”?(Since they don’t necessarily have to do background checks to send a case to IJ). Do they make a positive decision on a case in such a short time period in current days?
They can make a positive or negative decision in that time frame, and so I do not think a quick decision gives any indication of the outcome (though we see most cases taking longer than two weeks, regardless of outcome). Take care, Jason
Hello Jason,
I am a refugee and i live in the refugee camp. my case is under UNHCR. When i wrote to UNHCR about my situation they replied me this. Kindly specify the assistance you are looking for from UNHCR.
If i reply them i need resettlement, then they will respond to you resettlement is not a right.
Jason i need your help, i am in limbo. Is there any path to ask them for resettlement? Can you help me what to write them. i will be very happy of your remarks on this. i hope a reply. thank you.
This is not something I do or know much about, sorry. The one organization I know that assists refugees overseas and may help with resettlement is in Egypt: stars-egypt.org. I would contact them to see what they advice. In the US, there are many resettlement agencies. You can Google them and reach out, though I do not know if they assist with your part of the process, or if they only help people once they are in the US: HIAS, Catholic Charities, Friends Service Committee, Lutheran Children and Family Services. Good luck, Jason
Has anyone traveled abroad to Europe with an RTD that has a validity of 2.5 months? Please share your experience. Thanks!
He is also very anti-asylum…I am afraid…
Will the Trump/Vance ticket win ?
Trump will win 10000%, be prepared! It sucks for us on pending case. ButI am 100% sure they don’t stop renewing work permit as the business community supporting Trump won’t like that. IRS will lose money too. However if you are pending asylum and on walfare then it will be tough! Take care
Yes, I def feel that businesses are becoming increasingly anti-asylum in recent years
Hi Jason,
Finally my asylum got approved after almost 10 years waiting. My lawyer said we could apply for green card only six months after approval because our case was very delayed. I’m worried this would make delays since we will apply too soon. Do we need to wait for a year? What is the time line for green card these days?
Thank you so much!!
I am also recommending 6 months. I wrote a post on February 8, 2023 explaining the reasoning. Take care, Jason
Thank you!!
Thank you Jason!
@AM Congratulations! you finally made it .
can you tell me that how long it took for the decission afer the interview.
Thanks
Sam
Thanks!Had an interview in 2016 then 2022 never got a decision had to do a mandamus in 2024
Hi Jason,
I finally had my asylum interview today after waiting for ten years. To get an interview date set, I had to reach out to several people including someone in congress then I filed a mandamus lawsuit because even then I was not sure that they would call me for the interview. The week I filed is the same week I received my interview notice so I am wondering if that will affect how they decide my case. Please share any thoughts you have. Thanks.
There is no way to know for certain, but in my experience, I think filing a mandamus has no effect on the outcome of the case. Take care, Jason
Hello Jason.
I just got my letter today. My interview is schedule for the 22 July 2024. Its has been pending for 8 years. I have a weak case and no lawyer. I am from the Congo( Kinshasa). I came to the USA at 18 years old (2008) I am now 34. On a tourist Visa later adjust to F1. I went to school and got my Associate degree at a community college. I applied for asylum in 2016, 1 years after my F-1 statue expired 2015. I Bought my first house this year. and I am also a license real estate agent in Maryland. What should I do ?. If I could get an extra 2 years. I may get marry by then I have a girlfriend she is a citizen( we haven’t talk marriage but I will soon). Please help. Thanks
Reply
Ss
Unfortunately, you probably cannot delay your interview for very long – maybe a couple weeks if you ask them (you can find their email if you follow the link under Resources called Asylum Office Locator). Certainly, you should do your best to win the asylum case. You should think about whether your long stay in the US would somehow make it more dangerous for you to go back to the DRC or if returned asylum seekers face harm there (I wrote about these issues on June 14, 2023). Otherwise, you and your girlfriend may need to think about moving up your time frame. If the case is referred to court, you can delay matters there or ask for dismissal based on a marriage (assuming you are eligible – and it sounds like you probably are). Take care, Jason
Hello Jason
Thanks For the advice. My girlfriend and I will get marry in December this years. If my case is refer to court I just hope the court date isn’t before that. But I have a question if my asylum is rejected, I will be out of status in the USA. But will i still be able change my status based on marriage ? I did enter the USA legally. Thanks.
The asylum office does not deny asylum if you are out of status, they refer you to court, meaning that your asylum is still pending. In any case, if you entered legally, you should be eligible to get a GC based on marrying a US citizen. I wrote more about that on August 8, 2018. Take care, Jason
Hello Jason,
I wanted to appreciate your assistance all-time. I am asylee and was filling out I 485. Iam confused to the question “Are you subject to the public charge ground of inadmissibility under INA section 212(a)(4)”?
what should I answer yes or no?
When we arrived in 2017 we used health insurance for our kids until 2018 I employed, also our the three kids used free meals at school. One of the smallest kid also received additional nutritional foods . My wife also gets unemployment fee at covid 19. But now we all have work and earns above 200k per year. The same question also asks household income. which income is asking us to answers? Is that the one when we were at the time we receive the assistance or our current income?
Respectfully //
The public charge rules do not apply to asylees, and so if you are applying for the GC based on asylum, you can answer “no” and you do not have to complete the sections related to public charge. Take care, Jason
Dear JASON,
Thank you for your help!!!
I thought I might explain regarding the benefit used by my kids on our asylum process. I have read your comment to your clients regarding the situation on JUNE 24, 2018.
you have answered to your client “just make sure to reveal all this when you apply for the green card.”
I think his question was about public benefit, Is that different from public charge? In my case form I- 485 couldn’t say anything about public benefit or public assistance. On February 20,2019 client asked about public assistance and you advised him to write cover letter, to resolve the problem. I am confused dear Jason needs your professional explanation.
Respectfully //
The rule may have been different in 2018 or 2019 (during the Trump Administration), and so maybe that is the difference. At this time, receiving a public benefit is not relevant to an asylee green card application, and an asylee is not subject to the public charge rules. If you are worried about it, certainly you can reveal the information about the benefits you received, but that should not be necessary and if you do that, I would remind USCIS that your GC application is based on asylum and you are not subject to the public charge rules. Take care, Jason
Hi Jason,
Thank you for your help. It Gade been two years since I filled my asylum request. I submitted expedited interview request twice and USCIS denied my requests. The reason was serious health problem of my kid, my family life treating situation and my complicated health circumstances.
Thus, what can I do? Can I apply mandumas?
Let me know. Thanks,
I did a post on February 26, 2015 that lists some other ideas, but basically, if you tried to expedite and that has failed, you could try a mandamus case. Some lawyers will say that you need to wait longer before trying the mandamus, but it depends on the particular asylum office and the case itself, and so you can talk to a lawyer who does mandamus cases in your area and see if it is possible. Take care, Jason
Hello Jason,
By the means of your awesome help, almost I am at the end completing to fill-out my I-485. Thank you for your help so far. I have three kids 16yrs, 14 and half years and 10 years minors. So my question is should the elder 2 guys can sign on part 10 item 6.a. page 16 of the form?
Should the parents considered, as preparer of the form? If so I am considered as preparer, should I sign 8a,8b and fill all the blanks of the form from 3a to 3b?
Respectfully //
Hi Jason,
Hope you’re doing good!
I need your opinion, Can we apply citizenship before 90 days before for the 5 year rule right . If we submit n400 exactly 90 days before does will have any issue or do we need to wait for a month . Because July 8 my 90 days being .
Thanks!
If you file too early, USCIS could reject the application, or worse, take your money and deny the application, forcing you to start all over again. For this reason, I never file N-400 forms prior to the 90 days and usually I wait until 85 days or so, just to be safe. Better a short delay now than a long delay later. Take care, Jason
Hi Jason,
I’m already in the 90 days period( 4 years 9 months completed) , my question is once the 90 days begin can we submit the n400 or do we need to wait some more time.
Thanks,
If there is less than 90 days until your 5-year anniversary of the green card, you can file the N-400 now (assuming you meet all other eligibility requirements). Take care, Jason
Dear Jason,
My niece, almost 17 years old, has just arrived in Mexico. She is to apply for a asylum at the port of entry. Although she has very legit case, I urged her to stay in one of the transit country where the life is cheap and I could easily support her. Unfortunately she didn’t listen to me. Now I have to do at least something to support her. I would really appreciate that if you would reply a couple of questions.
1. I’m sacred to the death of her staying in Mexico alone for long time. If she won’t wait for the CBP1 appointment, will she still have an option to apply for asylum as an exempt since she is under 18?
2. I have no criminal record. I’m employed although I’m getting 1099. I own a house. But I only have Green Card. Am I eligible to be her sponsor? If so what papers should I prepare to increase the chances for that?
Thank you and have a good one!
1 – She needs to be careful about this, as failing to follow CBP-One can result in asylum being denied. There is an exception for an unaccompanied minor, but maybe you want to talk to a lawyer about this, or to see whether there is anything to do about getting an earlier appointment since she is a minor (there are other exceptions as well, including if she is in danger). 2 – I do not know how you would do that unless there is some program (such as for Venezuela, Nicaragua, Cuba, etc) to sponsor her. If so, you should be eligible, and you might want to talk to a lawyer about that as well. Take care, Jason
Hi everyone
I didn’t know that you can make an inquiry about your asylum application online.
I went to uscis website, case outside normal processing time (waiting for the interview since 2016) and to my surprise, I was able to submit the inquiry about my asylum application.
Inquiry submitted on July 3rd
Case assigned to an officer on July 11
I thought I’ll get some generic response and now I’m wondering is this something that I should look forward to (finally getting the interview scheduled) or this is just another “sit and wait” moment. Anyone had experience with this before?
In my experience, the responses are pretty generic, but you never know. Also, once you do the inquiry, if there is no useful response, you can go to the USCIS Ombudsman and inquire there (there is a link under Resources). They do sometimes help, but you need to do the USCIS inquiry first. Take care, Jason
Response sent via mail, I’ll keep you updated on the outcome, although it will probably be generic one.
Dear Jason,
Got the mail. It states: “USCIS records show that your application status is “Eligible of an Initial Interview”. As soon as resources permit, you will be granted an interview.”
Yes, I knew that already, thank you very much.
I’m just wondering should I proceed with Ombudsman right away or I have to wait xx days before I can do it.
That is a very useful response. I think you can try the USCIS Ombudsman – there is a link under Resources. Take care, Jason
RNC just released its immigration plan. Its apparent joe biden will lose. Hes too old and ineffective. He cant even counter trump attacks, border crisis, inflation etc.I and majority of Americans do believe though usa needs to abolish most immigration, asylum, u visas, vawa and chain family migration. Build the wall . Only allow people here on visa to apply asylum. But also whoever is in usa they should get a solution
When trump comes to power he said he ll deport 20 million people . Does that include pending asylum seekers with work permits, people waiting for aslyum hearings. Will trump actions be challenged in courts. Does trump has authority to mass deport people by law. End asylum ?
Hey Jason,
Lately, this website and forum have been a mess, thanks to this guy who’s been posting under different names every day, asking all sorts of random questions about Trump and Biden, and nothing to do with us, the asylum seekers. It’s gotten so bad that I and many others are struggling to find any useful information in the comments and questions and answers, all because of the flood of pointless comments from this American guy who clearly has no business being here, just to stir things up and make the website look like a disaster. Can you please do something about this? Maybe delete his comments or add a feature that requires approval for questions before they’re posted? Whatever it takes, get this guy off our site.
Thanks!
While I do find the posts to be too many, and I do periodically delete them, I do not really see how they are that disruptive, as you can read around them very quickly. Anyway, I will keep this in mind and think whether there is a better way to manage the situation. Take care, Jason
I think you are right to be concerned, but I do not think it is a done deal. Unfortunately, I do expect Trump will be more hostile to migrants than last time. However, there are limits to what he can do (unless he completely destroys democracy, which I think he will not), and also, there are reasons why he would not want to make such an effort to deport so many people – while I agree that most Americans want the border closed and are concerned about people entering without visas, the practical effect to the economy and to communities will be disastrous. As much as Trump supporters want to return to a time when White people ran everything, I think that is an impossible dream for them. That said, I do expect many immigrants and minority communities will be harmed if he returns, and despite Joe Biden’s weakness, we have to do our best to support him and try to prevent Trump from returning. Take care, Jason
Hello John, This is not Jason, I am on pending asylum myself
This is my opinion on your question
if Trump wins his administration will severely limit not only asylum but legal immigration. No one is safe. No one is safe from deportation, me or you we are both in danger. But one question for you, being immigrant how do you hate Biden immigrations policy? I feel like Trump administration policy will result in stress and emotional distress to many immigrants, USC with immigrant spouses. Deportation is the worst thing though. be prepared broda/brother
You’re pending asylum applicant you’re in danger but us who got green cards through approved asylum are safe with trump or anyone else! Stop trying to generalize that trump is dangerous for all of us cause that’s not true at all! You should worry about yourself and the people like you but we the people who got approved asylum and green cards are all safe! Sorry to tell you the truth but don’t try to put us with you in the same boat with you just to feel better cause you can’t compare someone who has green card to someone who is still have pending asylum! Yeah trump is dangerous for you but not for me!
I think this is incorrect. When Trump issued the travel ban, it affected everyone who was not a US citizen. And so if there is a new travel ban, or some other new program, it could affect all non-citizens. In addition, the Trump Administration focused on fraud (even when there clearly was none) and this caused delays for everyone. Hopefully, he does not return, as it will be bad for all immigrants and all humans (and all living creatures for that matter). Take care, Jason
I was reading about the Kinsey Scale and cannot help think of its impact on lgbt asylum cases.
Kinsey scale says that almost everybody is … a little bit bisexual, meaning an alleged straight man could have sexual relations with a man and an alleged homosexual man could have sexual relations with a woman…
So since it’s a valid scientific theory…I mean the IJ could use to discredit a gay asylum seeker ? Like, it’s extremely unlikely that a gay man only likes man…right ? And if a gay man, could … and is actually capable of liking woman (meaning he realized that he can like woman, not that he changed…to like woman. It’s always there. So it doesn’t contradict the asylum requirement of (PSG that shouldn’t be changed))…then the entire asylum case is moot.
I also don’t know how bisexual cases win in asylum…because bisexuals can like women, right ? and that makes it that nobody would be able to tell that a person is of gay…so there will be no persecution ?
Do you know how annoying you are with your BS in this blog? How is asylum relevant to you? What are you really doing here?
IJ dont grant asylum only because someone is gay. Asylum is granted because someone is in danger for being gay or perceived to be gay. The same way, if someone is bisexual and was harm because of that he or she is qualified for asylum. I know someone who is bisexual and was married to a woman (the woman knew), someone outed the guy just harm him and get his job. Not only the guy was granted asylum but his wife and 2 kids were also granted.
If someone is bisexual, couldn’t that bisexual man voluntarily like woman ? I mean it’s not like that gay men can only like men…a bisexual man … could like women…and 50% of the population of a country is woman…so…in theory…he can satisfy his sexuality … by finding women? right ?
His pool of choice is the same (if not larger) than a heterosexual man ?
I am certain I am not the only one who holds this thought.
“It is not hard to imagine an asylum adjudicator taking the position that if the applicant is attracted to both sexes, they should simply “choose” to be with members of the opposite sex to avoid future persecution. ”
@Jason, have you had bisexual claims ? and have you encountered adjudicators who have … similar stance as I mentioned ? and how did you guys overcome them ?
Bisexual claims can be accepted if you show that you face harm for that reason. We have done such cases and it can succeed. Take care, Jason
“Not only is there an absence of evidence that people are aware of Sempagala’s bi-sexuality, there is also an absence of evidence that people could become aware. Sempagala was able to conceal from both the government and his family his same-sex relationship from 1995 until 1999. This relationship ended nearly ten years ago, and as Sempagala concedes, he has no fear he will be forced back into it if he returns to Uganda. He is also currently married to a woman and has not engaged in a same-sex relationship since he left Uganda in 1999. Based on the evidence presented in the record, Sempagala has failed to demonstrate how anyone could become aware of his bisexuality. Finally, there is not the slightest shred of evidence in the record that anyone has an interest in targeting Sempagala for persecution.”
This is from a federal circuit court of appeal denying review for BIA’s denial of asylum…Apparently, at least one of the circuit appeal courts agrees with what I said…bisexuals could simply hide their same-sex attraction to avoid persecution…
A person is not required to live in hiding, and if a person can show that the persecutor will become aware of their protected characteristic (such as sexual orientation), they can receive asylum. This case you mention would not block a bisexual person from asylum, but it does demonstrate what that person needs to show in order to be granted. Take care, Jason
If you show the decision maker that you face harm or have been harmed due to your sexual orientation, that is usually enough to win. You are over thinking this. Take care, Jason
Hello Jason.
I just got my letter today. My interview is schedule for the 22 July 2024. Its has been pending for 8 years. I have a weak case and no lawyer. I am from the Congo( Kinshasa). I came to the USA at 18 years old (2008) I am now 34. On a tourist Visa later adjust to F1. I went to school and got my Associate degree at a community college. I applied for asylum in 2016, 1 years after my F-1 statue expired 2015. I Bought my first house this year. and I am also a license real estate agent in Maryland. What should I do ?. If I could get an extra 2 years. I may get marry by then I have a girlfriend she is a citizen( we haven’t talk marriage but I will soon). Please help. Thanks
Hi sir My case is pending since 2016 I came across your article that old cases are going to be interviewed.please can you suggest me I should delay my interview if in case it is scheduled.In next year I’ll be completing my 10years if I apply for cancellation of removal does it works.
Thank you.
The asylum offices will generally not agree to a long delay. Maybe a few weeks. I doubt a 2016 case would be interviewed very soon, though it may vary by asylum office. In any event, to pursue Cancellation in immigration court, you need to have 10 years here before they send you to court, you need a US citizen or green card parent, child or spouse who will suffer extreme hardship if you are deported, and you need to be a person of good moral character (no serious criminal issues), and so if you do not have the required relative, you would not be eligible anyway. If you do meet all the requirements and get scheduled for an interview, you would want to do your best to win the asylum case or at least present a strong case so they need more time to review the case, which will hopefully get you to the 10 years. Maybe talk to a lawyer now to see what can be done. If you just wait for them to schedule the interview, it will likely not be possible to get a lawyer, given that they give people so little notice. Take care, Jason
Hi sir ,
My case is pending since 2016 I came across your article that old cases are going to be interviewed.please can you suggest me I should delay my interview if in case it is scheduled.In next year I’ll be completing my 10years if I apply for cancellation of removal does it works.Thank you.
Vas vite te marier avant que Trump ne te rappatrie a Kinshasa. N’attends meme plus.
Unfortunately, you probably cannot delay your interview for very long – maybe a couple weeks if you ask them (you can find their email if you follow the link under Resources called Asylum Office Locator). Certainly, you should do your best to win the asylum case. You should think about whether your long stay in the US would somehow make it more dangerous for you to go back to the DRC or if returned asylum seekers face harm there (I wrote about these issues on June 14, 2023). Otherwise, you and your girlfriend may need to think about moving up your time frame. If the case is referred to court, you can delay matters there or ask for dismissal based on a marriage (assuming you are eligible – and it sounds like you probably are). Take care, Jason
Hello sir, am from Ethiopia, have one consultation and is looking for your advice. I am a DV 2020 winner, since I heard I got the lottery, immediately stared my process. After I went through it, filling the DS 206 form and sending it to the KCC, COVID kicks in. The US government then temporarily stopped any DV related issues for a long time. After a long lawsuit against the KCC office and US government, it was finally decided to preserve 9095 visas and to process accordingly. But the embassy in our country isn’t doing its job properly and isn’t processing as planned. There are no grouped movements and measures to put pressure among the lottery winners. I know am late and running out of time, but I want to take measures to my own hand and fight for my rights. I plan to talk to immigration lawyers in the US and hand them my case and see if any could help. And what do you advise me on this regard and how should I proceed. thank you for your time.
@numaro
Why you insisting to ask for a right that not yours?? If the US government itself doesn’t want you or any 2020-2021 winners to come here why you even trying to ask for a right you dont have??? Coming to america through lottery is a privilege not your right! You can sue them if your spouse is american then yeah it’s your right to be here!!! But a lottery winner??? The US government and enbassy owes you nothing but to accept their decision! By the way there is a court last week here in america said lottery winners in 2020&2021 have no rights to come to america so just take it
This is kind of a technical complaint – the person does not have a right to come here, but they certainly can pursue legal avenues that are available, and there is nothing wrong with trying that. Take care, Jason
This is not something I know much about and so I do not have much advice to offer. I do think you are right to find a lawyer here, preferably one who can file a case in federal court and also do consular immigration cases (many immigration lawyers do not do cases in federal court). Good luck, Jason
Hi,
Just received my RTD with a big mistake in it,
I’m a Palestinian with a Lebanese refugee travel Document and when I sent my I-131 form I wrote my Citizenship is Palestinian stateless and I was born in one of the Arab Gulf Country,
I see in My RFT now my citizenship is Jordan ? I haven’t been to Jordan and my Asylee case was from Lebanon
What should I do now ? I heard they don’t want to mention Palestine anywhere but in My case I’m not from Jordan, Gaza West Bank. What should I do now ?
Oh no!!! Do you have a copy of I-131 form that you submitted for RTD application. If yes you need to submit as proof that the mistake is not from you so USCIS can correct their mistake without making you pay again the RTD fees.
Also what is your RTD validity? Let hear from you
I wrote Palestinian and I submit my all documents supporting my nationality,
Just one year ):
I think I heard you on Jim YouTube channel with this exact same question.
Yea it was me (: 🤣
I am not sure, but it may be possible that they just list Jordan for all Palestinians. I do not think it will have any effect and you can just use the document to re-enter the US. However, I would keep a copy of the entire I-131 application in your email or on drop box, or somewhere that you can access it, if you are questioned about that upon entering the US. The mistake is from USCIS (or maybe that is just their practice), and so it would be good to have a copy of the application available to demonstrate that if anyone asks. Given that the RTD is only valid for a year and it takes forever to process, I doubt you will be able to get any type of correction without a very long delay, and I don’t see how it will impact your ability to travel or re-enter the US. Take care, Jason
Hi,
I contacted them (USCIS)and they told me to send the document along with the papers that prove my original nationality. However, I have a query: if I send them the document and they correct the status, will a new document be issued with a new date or with the same date as the current document from a week ago? Or will it have the new issue date after correcting the error? Additionally, how long will it take to receive the document again? Will I have to wait a whole year?”
Thanks
I am not sure, but I think they should give you the original date. The bigger concern is how long it will take. I recently had to correct a work permit for someone and that was very fast – maybe one or two months, which was delightful, since I was assuming it would take much longer. In this case, I am not sure. Hopefully, it will be quick like my client, but I do not know if that was normally or if we just got lucky. Take care, Jason
Hi,
“I contacted them, and they advised me to send the document along with the papers that prove my original nationality. However, I have a query: if I send them the document and they correct the status, will a new document be issued with a new date or with the same date as the current document from a week ago? Or will it have the new issue date after correcting the error? Additionally, how long will it take to receive the document again? Will I have to wait a whole year?”
Thanks
I think I contracted election stress disorder…which won’t be cured until Nov 5, 2024…
There are still around 4 months…
Hello Jason, thanks for your help
Today I want to ask one question. My interview is scheduled on an immigration court. Is it safe to renew my passport since it is online? my case is asylum pending
Thanks!!!!
You can renew, but DHS (the prosecutor) or the judge could ask about why you renewed and why a government that seeks to harm you would be willing to renew your passport. If you fear a non-state actor (not the government), then that is easy to explain, but if you fear the government, it may be more difficult to explain. Take care, Jason
“Why would a government that seeks to harm you be willing to renew your passport?” I hear this statement a lot from American immigration lawyers.
I believe you have little or no knowledge about the governments in Africa or any other dictator governments. As an African, let me tell you, most African governments (not all) don’t want you to stay in the country if you oppose them. They don’t care if you go abroad and oppose them; some of them even facilitate your departure.
Therefore, they have no reason to deny the renewal of the passport as long as their opposers stay away from the country of origin. Renewing the passport doesn’t mean the government no longer wants to harm you.
I agree with you and there is evidence to support this (including the fact that high-ranking opposition leaders often renew their passports). Nevertheless, immigration officers and asylum officers can ask people to explain why the government agreed to renew the passport and asylum seekers should be prepared to explain this. Take care, Jason
Hello Jason
My brother in law was granted asylum today..his lawyer told him he can apply the greencard right away.is that true?
It is true, but I think it is safer to wait 6 months. I wrote about the reasoning on February 8, 2023. Take care, Jason
Hi Jason,
I’ve pending asylum for couple of years now, and I don’t think I’m getting interview any time soon. My current employer may file eb3 for me, I’ve read a lot about people who were able to get greencard with pending asylum, and others were rejected, I still would like to try my chances. Do you know someone/can recommend someone who can get take my case?(in NYC). Anyone on this forum, who has any referral/heard of lawyers who were able to get this done, please please share their info with me.
I do not have anyone to recommend, but I wrote a bit about this issue on August 28, 2018 and September 6, 2018, and maybe those would help. Also, you would want to look for a lawyer who has done a case like yours under a law called INA 245(k), which allows some asylees to get a GC based on employment without leaving the US. Take care, Jason
I came to usa in 2015 on a tourist visa but didnt file asylum till last year. I admit i have a weak case and the reason i gave for untimely filing is not elaborate or sufficient. My case is with uscis. I am indian citizen . My case is membership in particular social group/opinion. Things that happened like a decade ago. But im coming out as bisexual recently and i am a male and if im deported to india i ll be not persecuted but not let to live in any part of india peacefully. Even thought india recently decriminalized homosexuality but its a taboo there and i wont be able to find housing or live peacefully with my sexual orientation. And i could also be a target of persecution based on my sexuality not by government but the indian society because indian society doesnt like homosexuality. I mean i can hide my sexuality back home but always live in fear of hiding it.
Can this new reason be a basis for changed circumstances and be able to overcome 1 year deadline and win the asylum case .
It could potentially be a new reason for asylum and a new reason to overcome the one year bar. I wrote about the on year bar piece on June 19, 2024, and maybe that would help. Certainly, you would also need to provide testimony and evidence about how you came out as bisexual and about any same-sex relationships that you have had. Take care, Jason
Hello sir, i love president biden but unfortunately he wont win mostly. Its sad. Trump is coming back. We gearing up for trump presidency. Im an asylum seeker with work permit but i have lived here since 2016. I saw obama trump biden and now maybe trump presidency again.
I know trump is a barking dog. He didnt fulfill all hus immigration commitments but did make legal immigration and asylum and asylum work permits tougher.
What can we expect from him if hes back.
1) Like 1 I have 2 years work permit which i ll renew in feb 2024 but my ead will expire in aug 2024 when mostly trump will be president. Will i still get 540 days extension or trump will cancel it or revert back to 180 days.
2) Second what about 5 years work permits. Will we still get 5 years work permits or just 2 year work permits or even worse 1 year work permit or the worst case scenario no work permit. I heard attorney general has power to grant or refuse work permits and what if he doesnt give us work permits anymore.
3) Will asylum offices be faster in trumps time. I mean will i get interview or trump uscis will only interview new applicants or will they reduce backlog.
4) will immigration court backlog clear since no more illegal immigrants will be able to cross.
5) and will pd , admin closure will go away.
6) will asylum interviews become harder.
7) will asylum seekers be deported too like illegal immigrants or his pledge to deport all wont include asylum seekers
@raman dhilln Very interesting post but i also wanna add and ask.
What about people who file asylum after one year deadline will trump reject those applicants .Also trump tried to end work permits for people who file after one year deadline . Will trump do that again and end work permits for one year deadline applicants. I filed asylum really late like after 6 years in usa but i have a work permit will trump end that too for me or if he does end that it will be for people who file after the executive order or will it apply retroactively
We don’t know this either. There are some published plans for immigration if Trump wins, but these are not by the Trump campaign itself. I may write about those in the future, but have not had a chance to review them yet, and they may be irrelevant if Trump ignores them. Take care, Jason
Shouldn’t you vote for Biden then ?
Worry is like pain before trauma…
We do not know answers to any of this. I can tell you that last time, PD became more difficult (but that is for people in court and not the asylum office) and that the general legal standard to get asylum became somewhat more difficult, but that really depended on the case. It was worse for people fleeing gang violence or domestic violence and had less effect on more traditional asylum seekers who fear harm due to political, religious or ethnic reasons, for example. Take care, Jason
Hi Jason,
Thank you for the valuable information. As I explore alternative opportunities, I may need to reschedule the interview. Could you please clarify the following:
1. Is it necessary to provide a reason for rescheduling? If so, should I disclose the alternative path I am considering?
2. If my request to reschedule is approved, when is the second interview appointment scheduled usually? Would it be possible for me to suggest a preferred time frame?
Thank You!
1 – I would give a reason. One good reason is that your lawyer is not available or maybe that you need time to hire a lawyer (though I am not sure the second reason would work). Other reasons might relate to health issues. 2 – I do not know whether they would work with you on the time frame. They have been relatively flexible with me, but I am a lawyer and have a lot of interviews. I am not sure how they would respond to a non-lawyer in terms of rescheduling, but I doubt they would give you more than a few weeks (they generally will not give me more than a few weeks either). Anyway, you can email them to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi All
Just want to share my news
Today and after 440 day my RTD has been produced,
Finally and after 9 years Im going to travel and see my family and friends in third country,
My feelings are torn between joy and sadness and the wasted years.
But this is the life and I will finally travel ❤️
It is shocking that USCIS takes so long to process a simple RTD (that you paid for!); not to mention all the other delay. In any event, it is good news, and I wish you a safe journey and a good reunion. Take care, Jason
Congratulations!!!!
This is good news. I applied RTD since June 2023. Until now ” fingerprints have been applied…”
Please NAB can you share with us the validity of RTD ( only 1 year or more). Thank you in advance
HI APRIL
When I receive it I will share the information here for sure.
If you applied on June/2023 I think you will get it in Sep/2024
So be ready to (:
Good Luck
July 10, 2024 Case Was Approved
July 9, 2024 We produced your Refugee Travel Document.
May 8, 2023 The fingerprints relating to your Form I-131 Application for Travel Document, were taken.
April 26, 2023 We received your Form I-131, Application for Travel Document.
Thank you so much NAB for sharing.
I want to ask some light-hearted questions from @lgbt asylums,
While you are waiting for asylum interviews. How do you find companionship or love ? Cause I would imagine, if you go up to a man and ask him out…There is a decent chance that something bad will happen, and they may out you and spread that you are lgbt to others and this could cause you danger…in addition, they may be egregious enough to report you to the police and accuse you of sexual assault/harassment (even if in another person…like a woman, same behavior, but this man won’t make such accusation, i.e. double standard)…which is serious offenses and could impact immigration proceedings…
In this situation, what should I do ? and, some lgbt people like men who are straight and not lgbt…I am worried that if I approach them, I will be accused of sexual assault/harassment, among other things… @lgbt asylums, what’s your experience like ?
To answer your question, ” what should I do ?”. These antics are becoming too old, so take a break and find a way to make the time you spend here more productive.
Yours sincerely,
Tina.
So are you an lgbt asylum seeker ?
Hi Jason!
I posted here about my situation with a 10+ years wait several months ago. I finally had my interview after being put on the short notice list, and today I received my FOIA request files, where the “Assessment to Grant” document has “Assessment is to grant” in the Decision section. As far as I understand, this is a good sign, but it’s been almost 4 months and I am still waiting for my final decision because of background checks. Is there anything I can do to accelerate those checks? Could my requests for help to congressman, senator or immigration ombudsman cause USCIS to refer my case to court just to get me off their backs?
Thanks for all your help!
I did a post on June 2, 2021 with some ideas, including those you mention. It may be security checks, but it may also be that the supervisor did not get to the case yet (supervisors have to review all decisions by officers). It is a positive sign though, and hopefully, you get a final (and good) decision soon. Take care, Jason
Hi Jason,
I just want to learn from your experience. I applied for I-131 for all my family and I was the main applicant in the asylum application process. When I applied for I-485, I also applied for I-131 but unfortunately mine and one of my kids’ applications got denied. The reason for my child’s denial was that I did not establish that I filed my Form I-485 under section 245 because my lawyer stated that my child was an asylum applicant instead of asylee though he filed everything like I-94 stamped asylee and approval letter. Do you think this could be relevant to our adjustment of status application? Please, advise.
Hopefully, it will not have an effect. I have seen I-485 cases get denied when someone checked an incorrect box, but that was during the Trump Administration when they were looking for excuses to deny. Hopefully, this Administration will be better. However, if there is an error on the form, maybe you can contact USCIS (by filing documents through your USCIS account or mailing documents + a copy of your receipt to the last address that USCIS used to send you documents) to explain the error and ask that it be corrected. Take care, Jason
Much appreciated Jason. I am very worried because I contacted my senator to try to get my I-485 expedited but with these kinds of mistakes, I fear that USCIS just denies everything. You are the best Jason
Hi Jason,
Jhampa again thanks for your reply.
Today I had meeting with my lawyer about my EB 3 and other options.
According my situations he said I can not get GC because when I apply asylum I was out of status.
This what happens,I came here with
L 1 visa and my dependents in L2.
I had valid EAD( parole) but my lawyer didn’t explain me visa date and EAD expiration date is different and both these things are different.
So when I applied asylum I had valid EAD but I 94 was already expired in couple of months ago.
Now he said if I want EB 3 precess my destination is till I -140 but I can’t get GC through EB 3 even my son’s they graduated from here it will apply them too.
So what will be your suggestion in this situation.
I look forward your reply.
Thanks.
Best regards
Jhampa
I do not do employment immigration and do not know much about this. It sounds like you would not be eligible to adjust status based on INA 245(k), so maybe it will not work. I guess you can talk to another lawyer who does EB cases to get a second opinion. Take care, Jason
How long is it taking for interviews at new york asylum office. I applied in feb 2023. Waiting for interview. am i in backlog. Are u seeing interviews these days. Is it new applicants or Older. If old cases how old ?
I wanna move to new jersey. Whats the situation in Nj
I do not know, but I suspect the wait will be long. They do have some officers for old cases, but those are from 8 or 9 years ago. You can try to expedite – I wrote about that on March 23, 2022. Also, the NJ office is better than the NY office (I did a post on December 6, 2023 about the NY office), and so maybe you want to move, change your address, and then try to expedite in NJ. Take care, Jason
I want to add to Jason’s post above that Newark’s office has much better communication department.
They always respond to email, questions, requests pretty quickly. New York’s office didn’t bother responding to my emails.
Additionally, NJ office has short notice list. New York Office doesn’t.
NJ office has higher approval rate. Like much higher. Check out Jason’s article. It’s mind blowing.
Hi Jason,
I hope all is well.
Recently I have received I-94 after i granted asylum in court. I started application for EAD under category (A)(5) for the first time. Previously I filed form I-765 under (C)(8).
In the form there is a question
1) Have you previously filed form I-765? Yes/No. which one applies for my case.
2) where Can I get the USCIS address to send my application. I live in Maryland and received my I-94 from Baltimore office.
Thank you very much.
1 – You are not renewing the EAD, but you have filed before under c-8, so I think the answer is yes, but it depends on the exact question. 2 – Check the direct filing addresses on the I-765 web page at http://www.uscis.gov, or you can file online. Take care, Jason
I am just so sad…
I just lost my asylum case with immigration court. My attorney did reserve my right to appeal but we havent filed appeal to bia yet. If we file bia appeal am i protected from deportation. How long is bia taking to decide appeals these days. Can i renew work permit while bia is pending. What if my bia appeal is lost. Can i appeal to supreme court and can i still get work permit.
@how long BIA takes
if the BIA rejected your appeal which is most likely then you can be deported anytime even if you appeal in supreme court or federal court and no work permit too so BIA is your last chance then it’s matter of time before you might get deported.
if i were you i would shorten the journey and see a different country and move than wasting more time here then get deported in the end!
good luck
This is simply factually incorrect. If the BIA rejects the appeal and you go to the US Court of Appeals, ICE will generally not deport the person. That may change if Trump returns, but even if it does, you can ask the court for a “stay” of removal so you can remain here during the time the US Court of Appeals has the case. Also, the chances for success at the BIA varies by case. Overall, it is pretty low (the last I saw – which is a while ago – was 11%). However, some cases have a good chance for success, depending on what happened in the Immigration Court. A lawyer should be able to evaluate that, and in our office (and many lawyers’ offices), we probably win about 50%. Take care, Jason
What do you think makes you guys stand out in overturning IJ’s decision ?
It is really impressive 50%….compared to national average of 11%…It’s like 4 times higher…
My guess is that many appeals do not have lawyers to help them, which makes it more difficult to succeed. Take care, Jason
@ADAM
You are consistently misleading and misguiding and demoralizing & discouraging the asylum seekers on this blog.
I believe you are doing this intentionaly and have some agenda behind this.
People like you are doing more damage to asylum seekers by misleading and misguiding them.
Honestly @JASON should block you from this blog.
I am sorry to hear about the case. The appeal must be received by the BIA no more than 30 days after the judge’s order; otherwise, you cannot appeal, so be careful about the deadline. The time frame for an appeal is very unpredictable – probably between 6 months and 4 years, but most seem to be 1 or 2 years. During the time the appeal is pending, you can renew the work permit as before. If you lose at the BIA, you can file a “petition for review” with the US Court of Appeals that has jurisdiction over your case, and from there, theoretically at least, you can go to the US Supreme Court. Take care, Jason
Im in removal proceedings . I have a work permit from pending asylum. I was a victim of crime. I havent applied u visa yet. Can i ask my immigration judge for administratively close case or else continuance from judge indefinitely while u visa is pending. I know u visa takes long time will a judge be willing for continuance for years ? I wanna keep my asylum case alive also apply u visa on side . Is it possible.
You can ask, but I think most judges (and most DHS Attorneys – the prosecutors) would not be willing to put the case on hold indefinitely unless you have moved further along in the U visa process. There is no harm in asking, and in some cases, they may be willing, especially if you can show that you have a strong U visa application and are getting it ready to file. Take care, Jason
I support Joe Biden not only because he is a good person, if it’s acceptable to push Joe Biden out simply because he had a bad debate and he is a little old…I mean…what kind of message it will send…
if Biden is toppled, I feel that every employer in America will feel emboldened to discriminate against seasoned workers…
Im renewing my work permit. I have 2 years work permit based on pending asylum. My work permit expires jan 2025 . Whats the earliest i can file work permit.
Can i file it online ?
About the address o plan to apply ead renewal soon but after filing renewal of ead i plan to move to another state but it could take me 6 to 7 months for move.
Can i change my address for i-765 if its pending with uscis or not or i call uscis ?
Or only asylum address can be changed ?
You can file up to 180 days before the old card expires and you can file online. I would only change the address once you have the EAD card in your hand, as moving in the middle can cause problems. Maybe get a PO Box + “informed delivery” from USPS (you can Google that to learn more). The PO Box is not expensive and once you have the card, you can change your address to the new location for purposes of your asylum case and any pending application. Take care, Jason
Hi Jason,
How long does it take, on average, to get a decision after interview now a days? And How come USCIS start to interview very old cases now , without the LIFO policy change?
There is no average, but in my office (Virginia), they claim that most people get a decision in a few months (I forget the exact numbers, but I am not sure they are very reliable, since things are always changing and also, I suspect that many of those are mandamus cases, which they are obliged to complete in a few months). In terms of why they are interviewing old cases, it is partly because they create a Track 2 for interviews, which I discussed in a post on June 26, 2024 and partly (I think) because the situation at the border has slowed down. Take care, Jason
They hired more officers after the 80 ?
Did you guys successfully cause USCIS to hire additional 160 officers ?
The Torture Abolition and Support Survivors Coalition (TASSC) and other groups lobbied Congress and that did result in an extra $34 million for old cases, and we think it may also have led the Asylum Office to create Track 2, to interview some old cases. So I think our efforts in that regard have had some effect. Take care, Jason
Hi Jason,
Hope all is well,appreciate for your help .
In my question I asked you last time and I came to know that cases pending in IC
are out of status until further court decision.
Now I have question about my situation.
If i have TPS and it is valid until March 2025,and I want dismiss my case before my master hearing.
Than I want apply for EB 3, and I came to know for this you should have in any types of status.
So will it work, for dismiss the case in IC and I have TPS status than after dismiss apply for EB 3?
I look forward your reply.
With best regards
Jhampa
If you entered lawfully, have no unlawful presence, and are currently in TPS status, you are probably eligible to get a GC based on EB3. However, I cannot know for certain and you would need to go over all that with a lawyer, as it may not work. If you have TPS, you can probably dismiss the court case (and this would probably be necessary to get a GC based on EB3), but again, whether that is a good idea depends on your eligibility for a GC based on EB3 (or based on something else) and you should talk to a lawyer about that. Take care, Jason
I feel bad for Joe Biden…
He has done a tremendous job in his capacity as President…should he drop out ?
This is a hard call, but after that debate, I think Democrats may be better off with someone more capable of winning. On the other hand, maybe Biden is still the best shot, and we will need to see how things develop over the coming days. Take care, Jason
What a diplomatic answer 😛
Hi Mr. Jason,
I am filing green card applications for my siblings since they can’t afford the fee. I filed it for them, and I filed myself as preparer and legal guardian for one my disabled sister ( attached the legal guardianship paper as well) do I have to add a copy of my ID for all of them or it’s not required?
I have not done that before, but I see no harm in including your photo ID and all your contact info. Take care, Jason
I don’t think USCIS/EOIR would appreciate your 4th suggestion.
This makes it that some people could take advantage of the loophole of delay. I mean I feel USCIS/EOIR will view it more negatively than they view some asylum seeker trying to take advantage of the asylum backlog to get EAD…
Just to be clear, I don’t have an opinion about that myself. But I am worried that suggestion will trigger backlash…because, from the perspective of USCIS/EOIR, it seems a little sketchy…
@hmmmm
Didn’t you know that Jason is a democrat and pro biden? Lol he is a pro illegal immigration and if he could he would open up all the boarders 😊 so don’t get shocked tho!
I honestly don’t care if he is pro noncitizen (I believe this is the current usage to refer to undocumented people) or not. Tho I personally don’t believe he is for all unlawfully present people…and he doesn’t strike me as pro-open border. But like I said, I don’t care either way
I am just saying that, objectively reasonably and fairly certainly…that his 4th suggestion will be negatively viewed by many lawmakers, judicial and administrative adjudicators…
The way I see it, if Trump returns, his Administration will go after the most vulnerable non-citizens and act cruelly towards them. So if the Biden Administration does something nice for certain asylum seekers, I am ok with that (though I think there is little chance they will know about what I wrote, and even less that they will care). Take care, Jason
@Jason
Most of legal immigrants will be okay only illegals will get screwed !!! also, the immigration process will get lengthy and will take more time but i guess we legal immigrants will survive trump or anyone worser than trump!!!
I am not sure about that, as there is no real definition of “legal” and “illegal” immigrant. I suspect it will harm “legal” immigrants, as they will reduce services even further, and limit eligibility for relief as much as possible. Also, of course, they will harm people by ended refugee resettlement, among other legal programs. Take care, Jason
now biden is declining…who else should we get behind ?
I remember that some of your past blog says that you supported Bernie Sanders more (than Hillary Clinton ?)
But bernie sanders’ immigration policy is like all open border, all citizenship…
you don’t believe that tho do you ?
@GIGI,
However much that you are entitled to your opinion, I feel that you have mislabeled Jason. I don’t think that you have read most of his articles. But hey, trolls don’t bother to read.
Jason,
One of my relatives a permanent resident (green card holder) has died while he was in his home country. He was filled an i130 petition for his daughter while he was alive. Now his daughter scheduled for an interview at the consular office. What could happen for the case ? I am not sure whether the embassy is aware of the death of the petitioner? The main sponsor is her older sister who is a us citizen.
Thanks
Sambod
I believe that when the petitioner died, the petition can no longer go forward and the case ends. Maybe there is a way to substitute another petition for the relative who died, but I have never done that. I would recommend they talk to a lawyer who does consular processing and family-based immigration, and maybe the case can still be saved. Take care, Jason