Usually, when a person files a mandamus, USCIS will agree to a schedule for the interview and decision, so that they do not need to litigate the case. In that situation, there is only one mandamus. Before the mandamus, your friend can try to expedite in the “normal” way, as that may work – I wrote about that on March 23, 2022. Take care, Jason

I have a friend who hasn’t had her asylum interview (she applied 8 years ago). If she does a mandamus does she have to do it twice once to get an interview then another for decision?

Thanks

I would highly recommend you do not lie to anyone about your status here, as it is unlikely to help you and very likely to make things worse. Take care, Jason

Personally, I have always been saying I am not a U.S. citizen, if it becomes necessary to disclose…I am the most non-disclosing person you know…but I always say I am not a US citizen. Just to avoid the future charge of “false claim of us citizenship”.

But I just looked at its inadmissible/deportable… it seems that mens rea is important in determinining inadmissibility and/or deportability…one has to “make the false claim with the subjective intent of obtaining a benefit or achieving a purpose under the INA or any other federal or state law”…in order for a inadmissibility finding.

If I lie on my I-9 form, the only reason I am doing that is to avoid discrimination, which is my legitimate right. I don’t plan to overstep the privilege granted by asylum EAD…like if my EAD expired, I won’t bother finding a job. And you are saying, this mens rea explanation cannot save me ?

Also, it’s really annoying that one has to disclose immigration status to their employers. Why are they entitled to know my immigration status ? They are not owed my personal matters. I know there is no better way at the moment because I-9, e-verify reveals a lot of information. But I can certainly imagine, once an employer knows that a person is an asylum seeker. The employer may exploit this very fact. They can may be call the country’s embassy in the U.S. saying “hey, we have a xxx from your country seeking asylum in the U.S.” to retaliate when this asylum seeker asks for a pay raise or unionize…

Speaking of that…if claiming U.S. citizenship is a problem…can I claim I am a green card holder…I wouldn’t mind getting a fake green card…🙃

I got mine 3 weeks after the IJ grant.
Wait for it, if not wait 45 days and google INFOPASS ONLINE. File the form and they will call u in the next 72hr. They schedule appointments within 7days.
If you do that before 45 days mark they will reject request.
Good luck

Thank you so much for your reply

You can use your passport, but you should be prepared to explain why you got the passport and why a government that seeks to persecute you would issue you a passport. I think you probably can explain this, but it is good to think about what you will say in advance. Also, I doubt you will be asked about this, but you never know. Finally, I wrote more about this issue on May 25, 2022 and maybe that post would give you some ideas. Take care, Jason

Normally, you should wait 45 days after the decision to see if USCIS sends the I-94 and the new EAD. This is a relatively new policy and I am not sure it is always working. You can also Google “post order instructions in immigration court” and follow those, which involve calling USCIS (800-375-5283) to request the I-94 and EAD. If that does not work, you can just apply for the EAD using the I-765 form, http://www.uscis.gov, based on asylum granted (category a-5). The first a-5 EAD is free. If you have the EAD, you should be fine, even without the I-94, though it would be better to have everything and it is worth calling to try to get what you need. Take care, Jason

If you change forms and lie to an employer, that clearly is a false claim to US citizenship and it is a deportable offense. I do not know how that affects an asylum claim, but at the minimum, it will be a negative discretionary factor, and I expect it could have worse effects than that. However, I do not think accidentally listing the wrong info on a form – especially where that info is irrelevant – would be considered a false claim to US citizenship. I have not researched it, but I have dealt with this issue in other contexts and I doubt USCIS would view an error on a form as a false claim. Take care, Jason

I wrote about this on January 9, 2018. I think during the long wait, people need to keep moving forward with their lives – in school and work, in relationships, with their religious institutions and social groups, etc. It is very difficult, but it is important to continue engaging in positive activities. Take care, Jason