With Joe Biden out and Kamala Harris in, the election map has become more favorable for Democrats. However, the upcoming election is far from a done deal. At best, it’s a toss up, since the Electoral College system favors Republicans by giving a disproportionate number of votes to less populated–and generally more conservative–states. That means that despite all the positive momentum, the possibility of a Donald Trump win is still very real.
Last time Mr. Trump was in office, his Administration did everything possible to block asylum seekers and immigrants, and to undermine the fair implementation of our nation’s immigration laws. Given what we’ve seen during this election cycle, a second Trump term would likely be far worse.
Few people have more at stake in this election than asylum seekers and other non-citizens. However, non-citizens are not permitted to vote or donate money to Ms. Harris or the Democrats. But that doesn’t mean there is nothing you can do to help. Here, we’ll talk about what you, as a non-U.S. citizen, can and cannot do to assist Kamala Harris, Tim Walz, and the Democrats.
Let’s start with what non-citizens cannot do during an election.
First, and most obvious, you cannot vote. It is illegal for anyone but a U.S. citizen to vote in a federal election. Non-citizens who vote can face fines, jail time, and deportation.
A “foreign national” cannot contribute money to a campaign, even if that contribution is indirect (for example, through a political action committee). “Foreign national” is defined as an “individual who is not a citizen of the United States… and who is not lawfully admitted for permanent residence.” Thus, if you are a non-citizen, but you have a Green Card, you are permitted to donate money to a political campaign. Note that if you have applied for a Green Card or asylum or any other immigration benefit, and you have not yet received that benefit, you cannot legally contribute money to a campaign. Even if you have an Employment Authorization Document (“EAD”), you are not eligible to make a contribution.
Also, foreign nationals cannot make “decisions concerning the administration of any political committee,” meaning basically that you cannot take a leadership or decision-making role in a campaign or an organization supporting a campaign or candidate.
Finally, foreign nationals cannot work for a candidate and receive compensation from anyone.
So much for the things you cannot do. Now let’s look at what a non-citizen can do to help Kamala Harris and her Vice Presidential running mate Tim Walz during the upcoming election.
The main thing you can do to participate in the election is to volunteer with a candidate. The Federal Election Commission (“FEC”) website provides guidance for foreign nationals who wish to volunteer during an election–
Generally, an individual (including a foreign national) may volunteer personal services to a federal candidate or federal political committee without making a contribution. The Act provides this volunteer “exemption” as long as the individual performing the service is not compensated by anyone.
What do volunteers do? The most important activity for volunteers is to encourage people to register and vote. You can do this by making phone calls to potential voters. Here, the ability to speak different languages might be very useful. There are many new Americans, who are eligible to vote, but who might be more comfortable speaking in their native language. The phone calls can be made from your own home (using an app, which does not reveal your personal phone number) and the people you are calling tend to be happy to hear from you, as they have been selected because they are predisposed to vote for a Democrat. The purpose of the call is to ensure that they are registered to vote, and that they know how to vote when the time comes.
You can also participate by posting on social media, knocking on doors, and reaching out to people you know. Whether online or in person, these interactions tend to be positive, as you will be reaching out to people who have already been identified as probable Democratic voters.
There are other volunteer opportunities available as well, not only for Kamala Harris, but for “down ballot” candidates, whose election is also very important for protecting non-citizens (and all of us). For calling and texting, and other types of volunteer work, the Democratic Party provides training and support. To learn more, and get in touch with a volunteer coordinator, contact the Democratic Party here. Make sure they understand your immigration status, so they can put you to work in an appropriate capacity.
Finally, according to a federal court decision, the foreign national ban–
does not restrain foreign nationals from speaking out about issues or spending money to advocate their views about issues. It restrains them only from a certain form of expressive activity closely tied to the voting process—providing money for a candidate or political party or spending money in order to expressly advocate for or against the election of a candidate.
Bluman v. FEC, 800 F. Supp. 2d 281, 290 (D.D.C. 2011), aff’d 132 S. Ct. 1087 (2012). Thus, it may be possible to make financial contributions to non-political “issue” organizations that do not mention candidates, political offices, political parties, incumbent federal officeholders or any past or future election. See AO 1984-41 (National Conservative Foundation). If you plan to contribute financially, check with the beneficiary organization to be sure that your immigration status is not a bar (and remember that Green Card holders may freely engage in political activity and make donations, as long as they do not vote).
No one has more to lose in the upcoming election than non-citizens, who have been former President Trump’s number one target for many years, and who face a real threat should he return to power. But you don’t have to sit passively by; you can take action to protect yourself and protect our democracy. We need everyone–including non-citizens waiting to officially join our nation–to help elect Kamala Harris and to preserve the Republic for us all.
@Jason
What does it mean when a case at BIA state ” A case appeal was received on _148. It is currently pending.
I have no idea what the _148 means. Maybe it is supposed to be a date. But sounds like the appeal was received and is pending. Take care, Jason
I had my asylum interview last week at the NY office after 8 years waiting. I am still stressed out waiting about the final decision. My mental and physical health have gradually deteriorated over the years, because it’s difficult to move forward when you are still in limbo. Despite everything, I would say that the officer was very trauma informed and I did not feel rushed or pressured.
I am glad to hear about the officer, as the NY office has a poor reputation. I wrote something about the difficulty of waiting in a post dated January 9, 2018, and maybe that would be of interest. Good luck with the decision. Take care, Jason
Jason how long is it taking for work permit renewals to take place?
If we have renewal due in november how long before do you advice to apply for renewal?
And are we still in that automatic renewal process for 540
Days? Please let me know
Thank you!
Mariyam
Renewal times are very variable, but it could be a few months to 12+ months. The soonest you can renew is 180 days before the old card expires. If you file to renew before the old card expires, you get a 540-day extension. If you file online (through a http://www.uscis.gov) account, the case may move a bit faster than if you file by paper. Take care, Jason
Hi Jason, I just wanted to know in case our work permit expires and we are exiting the country After it has expired and not to return back because we want to withdraw the item case when we go back to our country. Is it going to be a problem if you don’t have a valid work permit in hand At the time of exiting the country at the immigration in the airport, do they ask for our work permit cards or do they only look at the travel document or the passport?
Can you please clarify on this a little bit for me?
You do not need a work permit to exit the country. The passport should be enough. I did a post about withdrawing the asylum case on December 7, 2022. It is a good idea to withdraw the case if you can, as that will make it easier to return if you ever want to do that. Take care, Jason
Yes, we will withdraw the case when we reach our country of origin. Is that ok? Or do you advise withdrawing the case before we leave the country unfortunately we heard withdrawing the case before we leave the country can take longer is that true?
I do not know if the time frame will be different, but I definitely recommend withdrawing after you leave the US. If you withdraw before you leave the US, they might send your case to Immigration Court, which will cause additional problems (like getting a deportation order). Also, you will need to provide them proof that you left the US. I discuss this further in the blog post I mentioned. Take care, Jason
https://en.wikipedia.org/wiki/Murder_of_the_Bologna_family
It will only be a matter of time before Republicans use the case of Edwin Ramos to attack Kamala Harris.
So this person, multiple criminal convictions, killed (at least) 3 people, but as of today, I believe he still hasn’t been deported.
But look at this nice, law-abiding grandma called Margarita Fitzpatrick, she made a simple, innocent mistake in claiming US citizenship falsely. She entered legally and was law-abiding in almost every way, no criminal convictions. But she was deported.
May I ask, why these two have drastic fate in deportations ? In my opinions, he should be deported and she shouldn’t be…but the reality is the opposite…do you think I have a point ? and why it’s the case he seemed to receive a better treatment in immigration proceedings than her…
First and foremost, a Wiki page dedicated to a cause or agenda is generally not considered a reputable source. I took the liberty of investigating your concern using reputable news sources. My research indicates that Edwin Ramos was sentenced to three life sentences, totaling approximately 182 years. Given that he committed the heinous and barbaric act of killing three people, it makes sense that he’d need to serve the rest of his natural life in a U.S. prison. Please explain to me, then, how he could be deported while serving three life sentences in a U.S. prison. Additionally, what relevance does this have to Kamala Harris?
Regarding Margarita Fitzpatrick, she was also living in a “sanctuary city.” When Trump became POTUS, Republicans made considerable efforts to have her deported. Furthermore, laws—whether immigration or criminal—can be unforgiving. Ignorance of these laws does not hold up as an excuse in court. Additionally, I find it difficult to understand how one can claim innocence when a form clearly states that you must be a U.S. citizen to vote in federal elections.
Yes, I agree that the department of motor vehicles can be chaotic, and the forms can sometimes be confusing. However, what I don’t understand is how she could proceed to vote after mistakenly selecting that she is a U.S. citizen. When you register to vote, you receive several correspondences from your election office, all of which are clearly intended for U.S. citizens. Therefore, I’m confused as to how she did not, at any point during this process, realize that she was not eligible to vote. Please note that the U.S. government has historically taken false claim to U.S. citizenship and illegally voting very seriously.
There is no double standard here, as these are vastly different cases that occurred nearly a decade apart and under two different administrations. To avoid the risk of cherry-picking immigration cases, it’s important to note that many lawful and unlawful immigrants have been deported for seemingly minor offenses under both Republican and Democratic administrations. During Trump’s presidency, many immigrants living in sanctuary cities were deported, some without any criminal record. The same occurred during the Obama administration, which, in fact, deported more people than Trump.
Thank you (as usual), Jason
Without knowing the all the facts, it is impossible to know. Obviously, the Republicans will weaponize what they can to win, and the Democrats will do the same. Of course, with immigration, when one immigrant does something bad, all are blamed. When thousands or hundreds of thousands do good things, no one gets credit. Take care, Jason
Some countries have very bad human rights record…Theoretically…shouldn’t all nationals of that country qualify for some kind of refugee status in another country ?
Hi everyone,
I have been reading these blog posts for the past eight years as a source of motivation and info gathering.
– I learned how to expedite my asylum interview from this blog, and I had one in July 2022. I was granted asylum in less than three weeks.
– I applied for the refugee travel document in December 2022, but there are no updates till December 2023. I requested an expedite since I needed to travel, and it was approved in less than 30 days.
– I applied for a green card in June 2023 (I did not wait for the one-year mark but waited at least six months, as suggested by Jason).
– I requested an expedited green card in February 2024 after calling USCI almost every week to review my expedited request. I was asked to FAX evidence, which I did. I also called and requested updates almost every week.
– I received my green card Last Monday.
Thank you, Jason; I will forever be grateful for what you have been doing for this committee for free.
LESSON LEARNED: “EXPEDITE, FOLLOW-UP, CALL, FOLLOW-UP, CALL”
@john
Stop with your bs!!! No one in America can expedite green card through asylum unless it’s for the benefit of the Us government so if you work in a specific kind of job that important for the government then yeah but otherwise it just came by luck and you thought it came by expediting ! 2 ex USCIS officers were talking on YouTube about how expediting a green card could be the hardest thing in the immigration process but you could be able to expedite i-131 but GC noooo way unless if it’s for the US government benefit or suing them
That’s it
I think this is not correct, and I would have very little faith in the opinion of some ex-USCIS officials (I also have little faith in many current USCIS officials). It is possible to expedite cases with USCIS, though it is very difficult and probably involves a large amount of luck. I wrote about the expedite requirements on January 29, 2020. Take care, Jason
Can I ask you what’s your reason to have little faith in administrative officials ?
I mean I understand that sometimes they say inaccurate things.
But I feel that a lot of times, because of their positions, their words seem to carry more weight…even in immigration proceedings, the court have deference towards immigration officials…So if even a judicial court need to pay deference to administrative officials…what makes you feel so confident to question or have little faith in their words ?
I personally sometimes feel constrained by them…and don’t have the courage to challenge/correct them. so I want to learn from you, the confidence to correct and stand for myself. what’s your source of confidence ?
In my experience, they frequently give in accurate information, and they often think they know more than they know. They need to learn to say “I don’t know” when they don’t actually have an answer. Take care, Jason
I know of many former asylees who expedited their GC applications and were successful.
Thank you for sharing this – it is great news and good to hear that USCIS actually responded to you. Also, I am impressed you managed to find a fax machine. Take care, Jason
Thank you Jason. It’s funny how @Adam is cursing because I shared my experience with uscis here. I am not sure but @Adam you must be new. It is easy to see comments from people asking for help with next steps but not common for people who are done with the process to get back here to share their successful experience. You can either be respectful of my experience or curse from the comfort of your home without writing that. I am here to give flowers to Jason for the support he has been giving to us. I felt the need to share my experience as my own support. And yes! You can expedite your green card. I understand the chances are slim but yes I have been doing that. One thing I learned is that you can call 5 representatives from uscis hotline and all of them can have different responses to how your case is moving. It takes one luck call to get to a representative who can trace the office working on your case to request an expedite directly to that office. Thank you again Jason, I am glad people like you do exist. For the main time @Adam I will be reaching out to my work HR to let them know my status changed to a permanent resident today. I will be traveling to Columbia for my vacation in January to have some fun. Not sure what experience you have to be cursing at strangers @Adam but I wish you well. I have formally been welcomed to the United States of America. Thank you a million Jason and may God continue to bless you.
Hi, I have a question similar to a previous commenter. I have a valid advance parole as well. The difference is that I had my asylum interview but decision is not issued yet and I have a feeling it will take time. Let’s assume they issue god forbid decision denying my case while abroad on advance parole? Will not be allowed back?
It’s a good question, and I do think there is a risk. I would probably advise you not to travel if you want to be very safe, but if you do go, maybe you can monitor your online account and if a decision is issued, return quickly. In truth, I think you would probably be able to get back to the US (assuming you do not go through customs in the foreign airport), but I do think that if a negative decision is issued, there is some risk that you will not be able to get back, or that you will be detained when you arrive here. Take care, Jason
Thank you again, and have a good time in Colombia, Jason
Good evening Jason. I was issued advance parole few weeks ago to travel for attend my moms surgery. But received a letter today saying my asylum was denied following my interview in June, and that I was referred to court. Can I still use my advance parole to see my mom? My advance parole document is valid for a year
Thank you
Technically, if your case is denied, the AP is no longer valid. Whether you will actually be denied entry into the US, or what will happen when you arrive here, I do not know, but I do think there is a risk. Normally, if a person is in court (which you are now) and you leave the US, they consider it like you have deported yourself. If you decide to travel anyway, I would definitely try to return to the US from an airport where there is not a pre-inspection before you board the flight. So for example, in some places (Ireland, Canada, I think Dubai), you go through US customs before you board the plane to the US. If you fly from an airport like that, it will be easier to deny you re-entry than if you are physically here. I really do not know for sure whether you will be denied or allowed to enter, and maybe you want to have a lawyer look at that before you travel. Good luck, Jason
Dear Jason and Asylum Family,
I applied green card with my three family members based on approved asylum.
Today status is changed for me as principal applicant my wife and my son is case was approved and my younger daughter status is new card being produed.
Jason and all Asylum family members please comments what the difference between both status.
Thank you.
Jimmy
It sounds like everything is processing. It is very common for family members to apply together but get the GCs at different times, so all this sounds normal to me. Take care, Jason
Congratulations Jimmy!!! Can I know your timeline please and which office had jurisdiction over your cases? Please advise.
Hi Jason
Thank you for being the ultimate help here. my situation is a bit strange:
I have got my green card based on asylum, but was naturalized upon the 3 years rule because I’m married to USC. Now I want to visit my country of prosecution, I have changed my first and last names. Does the fact of visiting the country you fled threatens your new status as a citizen in any way? Thank you so much.
I think it should be fine. You should note that under the Trump Administration, they created a task force to de-naturalize people who got citizenship through fraud. I am not sure that they accomplished much, but if Trump returns, that task force could return as well. If so, just be sure to be able to explain why you returned and how you stayed safe in case you are ever asked (which even under Trump is probably very unlikely). Take care, Jason
Jason, thank you for your response. Unless the courts are working specifically for the Trump administration/Trump himself—which would imply that the U.S. is an autocracy—the Trump administration would need to prove, by a preponderance of the evidence, that the former asylee committed fraud, thereby suggesting that citizenship should not have been granted in the first place. Simply visiting the country of persecution (COP) after being naturalized does not, by itself, constitute fraud, unless the former asylee claimed to be wanted by their government but was able to visit without issue.
It is quite common for former asylees and current asylees to return to their home countries after being granted asylum status.
I think the chances of a problem are remote, so I agree. I also wrote about visiting the home country before citizenship is issued. That was on January 6, 2016. Take care, Jason
Hi Jason,
I have two questions. 1) My asylum case was granted by November, 2023 and I applied for I-485 right after. If GC is approved before one year is completed. What happens? Is it a law that one year has to be completed? Is it possible?
2-) I have recently relocated to Texas from New jersey. I want to keep my NJ address for my I-485 application as My brother still lives and I frequently visit and stay there. Is it mandated to change it?
Thank you in advance.
1 – I do not know. Either USCIS will delay issuing the GC until you have a full year inside the US after asylum was granted, or they will deny the application because you have not completed one year. The one year thing is a requirement. In the cases we have filed, I have rarely seen USCIS process a GC in less than a year, so hopefully, you will be ok. 2 – If you can keep NJ as the “permanent” address, it should be ok – keep your driver’s license there, taxes, other bills, etc. If you move everything to TX, you do need to change your address and the application could be delayed (or potentially even denied, though I doubt it) if you fail to change the address. Take care, Jason
There are 3 months to complete the a full year. Today, I have received a RFE mail for I-693 Medical Exam. I need to respond that within 87 days. Since I have 87 days to respond to the RFE, Should I hold it just to make sure that case is not denied. Or I can respond the RFE asap with the hope that USCIS will not process until it is one year. What would you recommend?
That is up to you. If it were me, I would hold up the process until you are closer to one year, as I would worry that the case might be decided too quickly and it would be denied. On the other hand, you could send in the medical exam and wait many more months. So really, it is up to you, but I am pretty cautious and I would worry more about denial than an additional couple months of delay, but that is me. Take care, Jason
I have been thinking, why Donald Trump has been nominated 3 times straight…
I think a big part of the electorate are simply anti-asylum…Are these people…persuadable at all ?
I am contemplating best way forward and need to best utilize my limited resources…if they are not persuadable, then people should not waste their time trying to persuade them to support asylum…
Anti-asylum politicians continue to be nominated republican nominee, it won’t just end with Trump. What’s the best way forward ? should asylum community a) try to persuade anti-asylum people to support asylum ? b) make sure/turn out pro-asylum and asylum-friendly people from the beginning, so this group is always bigger than the anti-asylum cohort ?
What do you think
I think there needs to be more restrictions on asylum. Unless advocates can do a better job convincing the American people to have a more generous policy towards asylum, Democrats will likely need to support more restrictions on asylum. That is democracy, and until people view the border as less of an issue, politicians will continue to use that to motivate their voters. For that reason, Kamala Harris is trying to take a more middle of the road approach to the border, and also to blame Trump for killing the bi-partisan immigration bill, which he did in order to help his chances in the election. Take care, Jason
I am worried you mean a lot of people who were harmed and who have genuine fear will not be eligible for asylum. This is, by definition, respectability politics. They throw the most vulnerable group under the bus to try to appeal to anti-asylum people, to make asylum sound more palatable.
I earlier said that I am worried that Kamala Harris will not hesitate to throw asylum seekers under the bus…seeing your comment, I am more convinced that she might just do that.
Placing reasonable restrictions on asylum is not throwing anyone under the bus. It is trying to reach a compromise based on what people in our country want and based on our international obligations. Trump will gut asylum and many other programs that help vulnerable people, and so I think choosing the person who has a reasonable approach to asylum is the obvious choice. Biden did a lot to help asylum seekers even while restricting asylum at the border in different ways. I don’t love it, but I certainly recognize it is far better than the alternative. Take care, Jason
I cannot not feel a little bit betrayal when you say you want more restrictions on asylum.
Do you want asylum to be tailor made for your clients only ? I said your clients are a little different in terms of characteristics from the national profile of asylum seekers…
And I do feel that as an asylum advocate, when you only want a subset of asylum seekers … to obtain asylum…but not others (who are also harmed and are in fear). It’s at least a little double standard, if not discriminatory…
We have had this discussion before and I wrote about it on January 11, 2022. I do not want to see restrictions on asylum. However, I think that is necessary to help prevent Trump from returning to office, which will help protect our democracy. Take care, Jason
Hello Jason
I am a naturalized US citizen through asylum process. Recently my fiancé was issued I-129F and she was admitted into the US. We have just registered our marriage, and we were issued the marriage certificate by County Clerk.
We are preparing to submit To USCIS I-485, I- 765, and I-131 applications.
My questions are:
1. Since we are submitting all three forms together do we have to write one check for all the three applications or write separate check for each application?
2. Do we have to submit 6 photos for all three applications or just 2 photos, and
3. One of the questions in form I 485 asks the applicants if they have received military training. My wife was an officer in armed forces of her country, and she was trained in biological and chemical weapons. It is also worth mentioning that she received her training here in the US, Switzerland, and Australia. Few years ago, she got early retirement from the military and for three years she was managing public health, safety, and security of US diplomatic and non-diplomatic facilities in her country.
Do we have to provide a detailed explanation for this question or is it sufficient to just say she was an ex-army officer and trained in use of weapons…
Thanks
1 – We always write separate checks for each application. 2 – For those 3 forms, we would submit 6 photos of your spouse. 3 – If the country is an ally of the US, which it seems to be, I do not think much explanation is necessary. However, I would have evidence of her military service, including her training in the US and elsewhere, so you are ready in case USCIS needs more info and asks for that. Take care, Jason
Hi Jason! Quick question about GC application. I cam to the US on J-1 Visa and worked here legally, but after visa expired i kept working…what should i say in my GC asylee application about unlawful work?i know that J-1 status is weird and my i-94 just says d/s without any certain date.
If you worked without permission after the J-1 job ended, you worked unlawfully and would need to disclose that. Depending on the basis for your I-485, this could be an issue. If you are adjusting based on asylum, you should be fine as long as you disclose. Also, winning asylum waives the J-1 two year home residency requirement, if that is an issue for you. Take care, Jason
It’s based on asylum. Does this increase the chances of being called to the interview? Also, do i need a waiver for this?
I suppose they could technically require a waiver, but I have never seen that and I would not worry about it. If you do need a waiver, it is the INA 209(c) waiver, which is free and easy to get. If USCIS needs a waiver, they will contact you about that, but again, I think that is extremely unlikely. Take care, Jason
Should I be worried about polling errors ? Trump was underestimated in both 2016 and 2020…
Thank you Jason for all the great work you are doing through this blog.
Just wanted to ask on my behalf of bother. He was in the past member of the Muslim Brotherhood in Egypt, which is now designated as a terrorist organization in Egypt for political reasons I believe but not designated so here in the US as far as I know. Anyhow he had a change of ideology few years back and left the organization and became active with a secular opposition group especially posting on social media. He is here now in the US, and we are wondering if his previous involvement with the Muslim brotherhood could affect his elegibility for asylum?
Thanks for your response!
Best, Sammy
I am not sure whether the Brotherhood is listed as a terrorist organization either. However, it could potentially be considered a Tier III terrorist group, which is basically any group of 2 or more people who the US government views as doing terrorist-type activity. In any event, I do think the person will need to address this issue and be prepared to explain that they were only involved in political or social service activities and not any violence. It would be a good idea to have a lawyer look at this specifically, as it can be an issue even where the person did not do anything wrong. Take care, Jason
Hello Jason. I entered through the Mexico border last year. I was given an NTA and an Order of release document, but was told by the court in NYC when i came to submit my asylum application that i can not because im not on their system because DHS didnt send my file to them, so based on the advice i applied with the USCIS. My question is that how can i get the DHS to fix this and get me on the system of the court so that I can have my master and final hearing. I’m plan to hire a lawyer once i’m doing better finically but wondering if there’s something I could do in the meanwhile. When I enter my a-number on immigration court website it does not recognize it.
This is a pretty common story. I would not get yourself into court until you can afford a lawyer, as it is better to have a lawyer in court. One thing you can do is email the asylum office to ask them – you can find their email if you follow the link under Resources called Asylum Office Locator. Another option is to try to expedite the interview, and if they schedule your interview, they might just refer you to court. I wrote about expediting on March 23, 2022. Honestly, I doubt the first option will work, but there is no harm in trying. Another choice might be to contact DHS (the prosecutor) and see whether they can help. You can find their contact info if you follow the link called DHS Office of the Chief Counsel. You would have to call them and ask to speak with the Duty Attorney. Finally, if you entered and did not use the CBP-One app, you should definitely talk to a lawyer, as failure to use the app can result in the denial of asylum (I hope to do a blog post about that in the next month or so). Take care, Jason
Hello Jason,
I am an asylee, and I would like to fill out Form I-485 to apply for adjustment of status based on my approved asylum.
I found the below statement on Policy Manual Volume 7 – Adjustment of Status Part M – Asylee Adjustment Chapter 4 – Documentation and Evidence
“A principal asylee is required to submit a complete medical examination and vaccination record. The examination must be completed by a USCIS designated civil surgeon, meet the standards of the medical examination, and include all required vaccinations as of the date of the examination. A complete medical examination is not required of all derivative asylees at time of adjustment. ”
Does this mean that my wife and kids who are filing for adjustment of status with me are not required to do the medical exam, and that I’m the only one who needs to because I’m the principal asylee?
the link
https://www.uscis.gov/policy-manual/volume-7-part-m-chapter-4
Each person who filed an I-485 must also include a medical exam. Alternatively, you can file the I-485 without the medical exam and send it later, when requested by USCIS. Take care, Jason
Hi Jason! Thank you for your informative posts! Do you know anything about how fast is the New Orleans asylum office? Are there any old pending cases that got scheduled asylum interviews there?
Or if you know where i can look at any statistics about this office, i cannot find much info since it is relatively new. Thank you!
I have not seen any data in several years on that office, and they do not publish any data at all related to who they are interviewing now in terms of whether they are interviewing people from 2015, 2016, etc. However, when they used to publish data (pre-January 2018), New Orleans was one of the fastest offices. My experience there (which was also several years ago) was that it is relatively easy to expedite. I wrote about expediting on March 23, 2022. Take care, Jason
Hi Jason,
My husband has changed our address to his asylum case from FL to TN online in USCIS website. Entering the zip code in asylum office locator indicated that the case should be scheduled for interview in New Orleans asylum office. But we never receive a receipt indicating where will be the case scheduled for interview after the change of address. Now we are not 100% sure if it will be in New Orleans or Miami asylum office. Do we need to do any additional steps ? Thank you!
Unfortunately, the change of address system does not give a receipt or confirmation and so it is difficult to know. However, I would expect your office is New Orleans. If so, that is good because it is a better office than FL. Anyway, you can email them to try to confirm – you can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason
We are waitin for our case interview since 3 years now and have not got a letter. do you know what we can do get an interview. Has there been any changes to cases waiting for such a long time ?
Many thanks
People are waiting since 2016 to 2017 for interview. I was scheduled fpr an interview after 6 years of waiting
I meant the same i filed for my case in 2016, and never heard from them 3 years ago our status changed for an interview and we have never got a letter as yet for out date. it is unbelivable how long this has been taking.
I would not worry too much about this type of online message. I am not sure it has much meaning. If the message indicates that an interview is actually being scheduled, that is significant. In the mean time, your best option is to try to expedite. Take care, Jason
I wrote a blog post with ideas on March 23, 2022 and maybe that would help. If it does not work, you can try a mandamus lawsuit – I wrote something about that on January 17, 2024. Take care, Jason
Thank you Jason for your help as always to people like us.
Also, I just want to add a comment about Kamala Harris.
I don’t think, if she is elected, she will be very friendly to asylum seekers. She may not dislike asylum seekers herself, but somehow I have a feeling that she won’t hesitate to throw asylum seekers and other humanitarian immigration people under the bus for political purposes, (if necessary that is)
Do you think I am right ? The country as a whole is more anti-asylum than total neutrality. In order to win, a presidential candidate or future president is not able to be too pro-asylum…Because if they are TOO pro-asylum, they will lose power…
It’s sad that these are the only two choices we have, and honestly I don’t think asylum seekers will get their fair share no matter who is elected. But in order to avoid disaster, obviously, an asylum seeker should support kamala harris. But I cannot not feel a sense of betrayal if/when she starts to close the border and restrict asylum, I mean I predict she will, as president, close the border and restrict asylum…for political purposes.
I do not know that she will be much different than the Biden Administration on asylum seekers. It has not been great under Biden, but I think it will be far worse under Trump, even if he only implements a small portion of the ideas he has proposed. Take care, Jason
Hmmm, okay.
I mean all these are good ways to participate. I am very passionate about the cause for the democrats and their principles…
But…I worry that if…I participate these things…when I look for employment…I will be perceived as a type of activist type…like I am worried that it will hurt my employment prospect…have you thought about that ?
For example, if I say, workers wage are too low, we need to support labor unions and protect employee rights !
See how it will play with my future employers…And would your office hire a person who chanted #abolishICE ?
So what I am saying is, although all these actions you suggest are what asylum seekers should do to get kamala harris get elected…but…should we be worried about their potential consequences that will happen in their personal lives ? for example, when they try to apply for jobs ? In addition, there are examples of ICE targeting immigration activists… https://www.npr.org/2021/08/04/1024348198/immigrant-activists-ask-biden-administration-to-ban-ice-from-retaliating-against
Is my worry justified ?
I cannot see how a future employer would ever know about such volunteer work, unless you tell them for some reason, so I think this worry is not founded. Take care, Jason
Dear Jason, my friend who translated evidence for me from Dari did not date and add his phone number to the certificate of translation like I saw on some samples online. Could that create problems for my asylum application with USCIS? He included his name and signature and address
Hi Jason
I hope all is well with you. My questions,
I am a dependent and granted asylum. Can i apply for travel document before i apply for green card?
Can i apply before the main applicant apply?
Thank you for your help as always
Yes and yes. If you have asylum as a dependent, you can file for a Refugee Travel Document using form I-131, available at http://www.uscis.gov. It does not matter if the principal has an RTD or not. Also, you can apply for a GC before the principal. I recommend waiting at least 6 months after asylum is granted – I wrote about that on February 6, 2023 to explain the reasoning. Take care, Jason
It will probably be fine, but he can submit a new certificate if you are worried about it (in court, they are stricter than at the asylum office about certificates of translation). I did a blog post on August 24, 2017 with a link to the “official” translation certificate. Take care, Jason
Hello Jason, i filed asylum late after changed in circumstances after one year. When i was illegally in usa before filing asylum, i worked and i put us citizen on i-9 form employment form and also while opening bank account put us citizen this is maybe im not sure i did it but i feel i have ticked incorrect box which was by mistake . I know this was wrong but i couldnt correct jt
Now i have filed asylum will this deny my asylum outright or uscis will give me chance to rebut false claim accusations. If referred to ij will judge also give me chance to explain it
And what about work permit i-765 c(8) will it be denied or work permit wont be affected by false claim of us citizenship
I want to follow up, you put us citizen in I-9. I feel a lot of undocumented people do this.
Do you have to show your documents ? you don’t have a real us id and SS card…right ? did you get fake ones ? were they able to pass e-verify ?
I would talk to a lawyer to research this, as I am not sure. However, as far as I know, there are no questions related to false claims of citizenship in the asylum process. I do not think it is a bar to asylum. However, if USCIS or the court know about the false claim, it would be a negative discretionary factor – if a person qualifies for asylum, the decision-maker must weigh their positive qualities against the negative qualities, and if the negative is greater, asylum is denied as a matter of discretion. I doubt that this false claim alone would be enough to result in a negative decision based on discretion, but that depends on what other positive and negative factors you have (a positive factor would be that you face persecution in your home country; also, you have not been arrested, pay taxes, and do other positive things for the community). I do think that even if you win asylum, the false claim would be a real issue to apply for a green card or citizenship. All these are things which should be discussed with a lawyer so you can decide how to approach the asylum case and whether you need to disclose the false claim during the asylum process. Take care, Jason
Thanks sir. Is the work permit based on pending asylum eligibility barred by false claim of us citizenship. Its been 166 days since ead clock is running. Can i go ahead file ead
I am curious to see how it turns out.
I am not sure – I think it is only barred by an aggravated felony (certain types of crimes) and so I think you will be ok. You can consult with a lawyer to research the question, or you can just file and see what happens. Take care, Jason
Hi sir, I had to submit my asylum form quick so I can get a work permit. On one of my answers, I wrote I was arrested, but now that i have time to review, i realize the word choice was not accurate. I was called by police to come to the station and there was questioned for a few hours about links to facebook page. Is it okay to correct this at the interview? Will it hurt my credibility if I do so? Or maybe being questioned for a few hours counts from legal point of view as an arrest?
I would make corrections and submit those before the interview (but there is no point in submitting documents until your interview is scheduled, as they will likely not get matched with your case). I did a post about updating and correcting the I-589 on July 6, 2022. I doubt this correction would affect your credibility, as long as you explain. I do think you need to be careful when you file for the work permit. The form I-765 asks whether you were ever arrested. You could probably say no, but you should include an explanation, as USCIS could compare your I-589 form with the I-765 form, and notice that you listed an arrest on the I-589. You do not want those two forms to be inconsistent without explaining the difference. Take care, Jason
Hi Jason,
Are you currently accepting new applicants for asylum and what is your cost range? I will like to proceed with your services.
We are taking new cases. If you email me, I can schedule a consult and let you know about the fee. Take care, Jason
Hello everyone,
Just wanted to share an update about my recent post. After 8 long years, I finally got Interview scheduled. Filled for asylum back in 2016 in Chicago. Beginning of July I submitted a case inquiry and got generic response “you are qualified for an interview….” After that I submitted case assistance request with Ombudsman. Today I got “Interview scheduled” notice via email. I don’t know is this just a coincidence, or I actually initiated something with this inquiry.
That is good news. I also do not know if it is a coincidence, as they are scheduling some cases from 2015 and 2016, but it may also have been that your efforts finally paid off. Take care, Jason
It’s finally happening. That’s the most important thing. After this update on my case tracker, per your experience do you know how long before I get the notice in my mail, bc it just states “interview scheduled”. I travel for work, so asking someone to check my mailbox daily sounds ridiculous. Is there any other way to check the date?
Thank you
Hopefully, you will have it in a week or so. You can get “informed delivery” from the US Post Office, and if you have that, they scan a photo of your mail and email it to you, so you will know to expect it. If you do not get the notice in a week, maybe email the asylum office to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you for the insightful blog post. It was helpful to understand the restrictions.
Two weeks ago, received an automated case status update saying my asylum case (filed back in 2017) was scheduled. However, I haven’t received any paper mail with the interview appointment details.
I emailed the Newark Asylum Office this week inquiring and they emailed me back with details saying my interview was scheduled for Sept 10 at 9 AM at their Manhattan office.
My question is if the paper mail notice never arrive or doesn’t arrive on time, will I still be allowed to enter the office for the interview if I bring with me a print of the email they sent? I don’t want to reschedule and wait again god knows how long!
My second question is that I haven’t sent my affidavit and exhibits yet, which I will send via express mail one week before. How can I ensure it reach the right person and aren’t just thrown in with other mail?
Thanks in advance for your guidance
Hi,
Jason will respond soon.
When you say “automated case status update,” I assume you have an online account with USCIS where you receive updates? If that’s the case, the interview notice should be available in your account. You can print this electronic notice and bring it to your interview.
If the notice is not in your account and you have the tracking number for the mail, you might consider contacting USPS. Additionally, you can sign up for Informed Delivery with USPS, which allows you to track when the package is expected to arrive and receive notifications upon delivery.
Please let us know if you need any further assistance.
Thank you, Jamie! I do have an online account with USCIS, but from my understanding, they consider my asylum application a paper-based application. They uploaded PDFs and notices for my online EAD application but not for asylum. I don’t have a tracking number for the mail, but I’ll check if someone at the USCIS call center can provide it. Thanks again
All good points – Thank you, Jason
I expect they will allow you to enter with the email and your ID if you do not have the official notice, but to be extra safe, if you do not get the notice in the next week or so, maybe email them again and ask them how you should proceed. You should make sure your name, Alien number, and date and time of interview is on the cover letter. You should also email them a PDF of the documents with the same info. If you get the official letter, include a copy of that too. Finally, since the asylum offices often lose documents, I recommend you also bring a hard copy of all the evidence with you to the interview. Take care, Jason
tbh, I am worried about harris’ chance.
The immigration issue is very prominent in this election and those people who care about immigration overwhelmingly support Trump…
I think that a significant portion of the electorate is very concerned about immigration at the border, and wants the border sealed (whatever that means for a border where billions of dollars of trade and millions of people cross legally every year). Such people will likely support Trump. Anyway, as discussed in the article above, you can take action to help elect Harris, which may be a productive way to help alleviate some worry. Take care, Jason