The Paralympic Games began with Dr. Ludwig Guttmann, a German-Jewish neurologist who fled the Nazis and received asylum in Great Britain. There, he opened a spinal injuries center at the Stoke Mandeville Hospital. The first Games–called the Stoke Mandeville Games–were organized by Dr. Guttmann in 1948 for servicemen and women injured during World War II.
The Stoke Mandeville Games later became the Paralympic Games, which first took place in Rome, in 1960. The event featured 400 athletes from 23 countries. Since then they have taken place every four years.
The first Refugee Team competed in the Paralympics in Rio in 2016. Many people had a hand in creating the team, but one crucial contributor was Shahrad Nasajpour, a Para athlete in discus from Iran. Mr. Nasajpour fled his country and arrived in the United States in 2015. He managed to expedite his asylum case after explaining to a supervisor that he needed status to compete in the Paralympics. “Be resilient in difficult times,” he advises. “You will hear a lot of No’s on a regular basis, but don’t take that No as an answer.” With Mr. Nasajpour’s words in mind, let’s take a look at some of this year’s Paralympic athletes, each the embodiment of resilience and perseverance.
Amelio Castro Grueso is a wheelchair fencer from Colombia. He lost his mother when he was just 16 years old. Then, at age 20, he lost the use of his legs in a car accident. After a long journey of recovery, he decided to get involved in sports as a way to try to inspire others. He tried wheelchair basketball, but didn’t like it. Then, he says, “one day I had the great fortune to discover wheelchair fencing.” “From the very first day I connected with this beautiful sport, I was hooked.” Earlier this year, Mr. Castro Grueso traveled from Italy, where he now lives, to Brazil where he won a bronze medal at the Wheelchair Fencing America’s Championship. “Being part of [the Refugee Paralympic] team is like G-d has answered my prayers.” You can follow Mr. Castro Grueso’s attempt to go for gold here.
Zakia Khudadadi competes in Para Taekwondo and made history last week as the first athlete from the Refugee Team to win a medal (bronze). She dedicated her medal to “all the women of Afghanistan and all the refugees of the world.” Ms. Khudadadi is from Herat, Afghanistan. She grew up with an atrophied arm, which she would hide under a scarf to avoid being bullied. “At the age of 10, I attempted suicide because I felt overwhelmed by a society that didn’t understand me,” she says. Ms. Khudadadi has won several international medals in her career and was scheduled to participate in the delayed 2020 Games in Tokyo. But then the Taliban took control of Afghanistan and she had to go into hiding. She managed to get onto an evacuation flight with another Paralympic athlete from her country and reach Tokyo just in time to participate in the Games. “Sport has been like a light and a miracle in my life. From the girl who hid her hand beneath her scarf, I have become a globally recognized athlete. Sport became the miracle that made those around me, and my fellow countrymen proud of me.”
Ibrahim Al Hussein comes from a sporting family in Syria. During the civil war, he lost his right foot and suffered shrapnel wounds to his face and arm while shielding a friend from a tank shell. While caring for his grievous injuries, Mr. Al Hussein and some friends escaped to Turkey and from there, crossed to Greece in a small dinghy. He recalls that “it was scary, but I was in ’emergency mode’ for myself.” “I was fighting to find treatment and fighting for a better life.” “I knew that if I could make it, then tomorrow would be better.” With the help of different strangers, Mr. Al Hussein reached Athens and eventually received refugee status in Greece. He also began to train–first in wheelchair basketball; then in swimming. He was a member of the first Refugee Paralympic Team in Rio, where he recevied the prestigious Whang Youn Dai Achievement Award, given to an athlete who “best exemplifies the spirit of the Games and inspires and excites the world.” In Paris, Mr. Al Hussein placed sixth in the Para Triathlon, where athletes swim 750 meters, cycle 20 kilometers, and run 5 kilometers.
Guillaume Junior Atangana is a runner from Cameroon and competes in Para athletics. Growing up, he loved football (what we in the civilized world call “soccer”), but lost his sight by age 12. “When I lost my eyesight,” he says, “I thought that without sport, my life was over.” But “the day I realized I could continue was a very big day for me.” “I realized I had to keep doing what I love, and that was the start of becoming a great champion.” Mr. Atangana competes with his guide runner Donard Nyamjua, who also hails from Cameroon. The pair fled their country due to the dangerous situation there and received asylum in England. “I want to show the world that being blind doesn’t mean your life is over,” says Mr. Atangana. “You can still do great things.” Mr. Atangana and his guide won a bronze medal in this year’s Paralympics.
The fact that the founder of the Paralympics, Ludwig Guttmann, was himself a refugee makes the inclusion of a Refugee Team even more poignant. The success of this year’s Paralympic Refugee Team is a testament to the athletes themselves, but also to human nature and our ability to persevere and accomplish difficult goals, even in the face of tremendous hardship.
Hello jason, If i did not vote for my senator during the election day and today i need his help. can he/she still help me or he will not help in that situation?
I have a delayed spousal visa which took two years and I am willing to file an application with the US senator to conatct through the embassy.
Do you think the senator will ignore my public form? Looking for your reply. Many thanks!
Normally, Senators and Congress people help with immigration inquiries and they do not ask who you voted for. I think they hope you will vote for them if they help you, and anyway, it is their job to help all their constituents. So I would say, give it a try. Take care, Jason
@Jason & @fellow asylum seekers, what do you guys think of how Kamala Harris did in the debate ?
I went to bed, but I am thinking of collecting my clients’ recipes for Cocker Spaniel. I’ll keep you posted…
Hi Jason, last week i posted here that im getting ready to sue USCIS pro se for my I-131, and you provided me valuable information. You asked me to keep you posted!
My update: I went to the courthouse yesterday to file my mandamus. Before I filed the clerk told me that perhaps if I talked to the US attorney office and told them I’m filing this lawsuit, they maybe able to do something. Luckily, the US attorney’s office was close. Met with the civil litigation attorney in the office, he took my A-number & receipt number, and told me he will get back to me within 48h. Today he called me this morning and mentioned that my case will be adjudicated within days. Just got approved 30 mins ago! 👍
That is impressive! It goes to show that persistence can sometimes pay off. Thank you for letting us know. Take care, Jason
We always complain about how slow USCIS is.
Today i want to give them some words of appreciation.
Refugee Travel Document humanitarian reason Expedite request timeline:
1.Call USCIS Customer Service request for expedition. Btw horrible experience with the lady. She said Tier II officer will call me.
2. 5 Days later Tier II officer called and proceeded with expedition request for me and my wife on the same call.
3. Next day Expedition Request Approved(Friday) for both
4.Monday i-131 approved for both
5. Tuesday Refugee Travel Document was produced. For
Both.
So from Tier II call to approval in less than 24hr….
NOTES: Always apply with all proofs attached and translated and the cover letter. Read Guidelines carefully. Also recommend reading ADJUDICATION guidelines for officers you can find a really important info about gow they review your case and what they are looking for in expedited requests. They follow strict guidelines, so make sure to provide every proof they need.
That’s great (except for the initial annoying lady). Thank you for sharing and it is good to acknowledge when USCIS does something right. Take care, Jason
hi Jason,
i applied for EAD under A5 category after granted asylum by IJ without fees, (i learned first EAD fee is $0) but USCIS return form i765 coz mention refile with correct fees. in addition, i made appointment with info pass for getting I-94 and EAD but officer denied me to provide anything and advised me for waiting. noted i received IJ decision March 2024. info pass appointment date was 15th July 2024.
Please advise me what i need to do. my c8 ead already expired last april 2024.
Appreciate ur great service !
Technically, you do not need a work permit to work lawfully as an asylee. See: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees. However, it is easier to have the EAD and they should have given you the first one for free. I am not sure what went wrong, but USCIS error is certainly a possibility. You could try again to file the I-765, and in the application, explain that this is your first EAD card and that USCIS denied a previous request for the card due to an error (they thought you needed to pay a fee when you do not). Hopefully, that will work. You can probably also apply for your green card now (I wrote about this on February 8, 2023) and so you may want to do that, as having the GC will make life easier. Take care, Jason
Dear Jason,
I filed form I-130 for my daughter who is back homec country A, the case was approved but she moved to different country B, how do i change my address from country A to B so she could get the interview to the new country B? Thank you
It may be easier for her to go to country A if that is her country of citizenship and if she is able to go there. It is possible to change countries, though. I think it involves emailing the embassy to make that request, but I have not done that in a long time (and only in the context of an I-730 for asylees, and not an I-130). I would talk to a lawyer who does consular cases to see what the lawyer suggests. Take care, Jason
Hi Jason!
Thank you for having this log for asylum seekers to voice their concerns and learn about updates. I really appreciate it!
My work permit (c8) is going to be expired on 02/05/2025.
Am I allowed to file for a renewal now?
How long is the extension?
I remember I read something about having work permits valid for 4 years. Is that true?
Would you recommend filing for the permit online or through mail? I don’t trust USCIS but I trust that you have the right information.
Thank you again and have a great week!!
You can file to renew now, as it is less than 180 days before the current card expires. As long as you file before your card expires, you should get a 540-day extension. The new work permit should be valid for 5 years, assuming nothing changes (i.e., Trump comes into office) before the card is issued. My office is filing by mail, but we only do that because it is difficult and annoying to coordinate the lawyer account and the client account. If you are doing it by yourself, it is probably easier online and cheaper, since they charge $50 less for online applications. Take care, Jason
Jason and Form I-130, please see below the information from the travel.state.gov webs. Yu must also update the information. Also, if the applicant moved, you must provide the new address using our Public Inquiry Form (here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html)
How do I transfer my Immigrant Visa case from one embassy or consulate to another?
If you would like to transfer your Immigrant Visa (IV) case to another embassy or consulate, please follow the steps below:
If your case is at a U.S. embassy or consulate, contact the potential gaining U.S. embassy or consulate in writing to request a transfer of your case. Please include a justification for the request. If you are not a resident of that country, specify that in your request.
If your petition is being processed at the National Visa Center (NVC), contact the NVC to request the transfer. NVC will transfer cases to another IV processing post if parties provide a written request along with the address in the requested country and the proof of eligibility (citizenship/legal residency in the requested country or other documentation). This can be provided at https://nvc.state.gov/inquiry. In limited circumstances, NVC may need to contact you for additional eligibility requirements. Note that transferring your case might not result in immediate processing as cases are processed in order based on the date the case became documentarily qualified.
If you are requesting a transfer for a K Visa, the receiving Embassy or Consulate has the discretion to approve or deny the acceptance of a K visa application from an applicant outside the consular district. Contact the potential gaining U.S. embassy or consulate in writing to request a transfer of your case and include the reason for the transfer request. If you paid the MRV fee at the original post and the transfer request to a new post is subsequently approved, a new visa fee will be required.
Thank you for this, Jason
Hi Jason
My wife has her asylum case pending for past 5 years waiting for an interview. She is also in valid TPS status.
We married before I won my asylum case in court and filed I730 for her. After waiting 2 years, we finally got a RFE asking for more evidence regarding our relation. Since, we have a house and kid together, it should be fine.
My question is, after I730 is approved, is her pending asylum and TPS withdrawn automatically?
Or, do we have to mail withdrawal of asylum in asylum office? And can she keep her TPS status or do we need to withdraw that as well?
Please let me know. Thank you
I think the TPS status will not end once she gets asylee dependent status, but she can just let that expire, as it will not be needed and would have no effect. In terms of the asylum case, she will need to withdraw that. She can do that as soon as she gets her dependent status, or she can wait until she has a GC or even until she is a US citizen). It is probably better to withdraw the case sooner, so they do not schedule an interview. I wrote about withdrawing on December 7, 2022. Take care, Jason
Hi Jason, I applied for an asylum-based EAD and received my initial EAD a month ago, but I haven’t received my SSN yet. What should I do in this situation?
Assuming you asked for the SSN on the I-765 form, I would wait a little longer, as you may get it automatically. If not, you can Google your local Social Security office, go there (or contact them), and apply for an SSN. Also, if you already have an SSN and just want to get a new card based on asylum granted, I think you will have to go to the office to show them your new EAD. You will keep the same number, but the restrictions on the SS card will be removed. Take care, Jason
Morning Sir,
Any update on new york and new jersey asylum office backlog. I applied in feb 2023. One and half year still waiting. When can i expect interview. I have issues with one year bar due filing late and also a new basis of asylum has arisen for me. Can i use the new basis of claim to update asylum application . But for the issue i already filed in feb 2023. I dont have sufficient proof why i filed late. Can i use new reason/basis for asylum and can i get around the one year bar
@PAM, you applied last year and you are inquiring about an interview? I applied in 2015 and i am still waiting……join the club.
Applied 2016. Please give it few more yrs. Time pass very fast and you will be called in no time
Waiting for interview since 2018. You can predict your waiting time. Just forget it for now and focus other thing
I think you meant that you cannot predict your waiting time, though you can try to expedite or file a mandamus lawsuit. Take care, Jason
I have not seen any updates that would apply to a case filed in 2023, and I would not expect an interview any time soon. If you wanted to try to expedite, that is an option – I wrote about that on March 23, 2022. In terms of the new circumstances and the one year bar, I wrote about that issue on June 19, 2024. In short, that may be a way to get around the one year bar, but you should also think about whether there are other ways around the bar from the time you originally filed – I wrote about that on January 18, 2018. Take care, Jason
Hello Jason, im scared if trump comes back to power which looks 50-50. We asylum seekers will be screwed. My question is i am in similar situation. Filed asylum after 5 years in 2019. I have a work permit for like 5 years . I have a business now. I am still waiting for interview. I dont have a solid reason for asylum late filing. I just wrote i filed late due to stress. No explanation of any sort. Trump admins accepted my asylum and issued me receipt. And i have kept renewing work permit since than. Im afraid if trump comes back he will take my work permit back. I remember in 2019 and 2020 he issued laws that blocked work permits for asylum seekers who filed late amd also heard in his new interviews he will end work permits for all unauthorized immigrants. Do you think he will end work permits for asylum seekers especially who filed after one year ? Even though i have a weak asylum case with no real exception i have built. Life in usa and if my ead is taken away it will effect me.
We do not know what he will do, but he probably would have the legal authority to end work permits for asylum pending people (at least that is how I read the law; I am sure immigrant advocacy groups will file lawsuits to protect the work permits). One possibility might be to create your own corporation, which can earn income even if you cannot earn income, but you will control the corporation and so that may be a way to earn money (for your corporation), which you can use to survive. Hopefully, it will not be necessary whatever the outcome of the election, but we shall see. I do think you should try your best to find an exception to the one-year bar – I wrote about that on January 18, 2018. Whether it is Trump or Harris, you will still need to do that if you hope to win the case. I also did a post that is relevant on June 19, 2024, discussing changed circumstances that occur after a person files for asylum. Take care, Jason
Hi Pam,
Some people may have responded negatively, but I encourage you to ignore them. At the end of the day, you still have some control over your case and the path you choose. Additionally, waiting for any form of immigration status, regardless of how long it’s been, can be incredibly stressful—especially with the possibility of a second Trump term on the horizon.
Have you considered expediting your case? The one-year bar is a tough challenge to overcome. While some might disagree, I believe that if you don’t have a strong reason for filing late, it might be better to push for your case to be sent to court rather than leaving it in the office for years, stuck in limbo. In court, you have a fighting chance and may be eligible for various forms of relief. Ultimately, it depends on what your specific objectives are.
Hello Jason and team!
My situation is a bit complex. I came on tourist visa last year and met someone and we got married, but my lawyer was late in filing our marriage paper and unfortunately for me one afternoon I took a wrong one way exit towards Canadian border in Buffalo NY. There I was held for few hrs and eventually released and issued a notice to appear for immigration court master hearing by American officers because I was out of tourist visa status and marriage case not filed yet. Anyhow few days later my lawyer finally filed my marriage application.
Now not sure what are the implications of the court case because my lawyer is not really cooperative and said only they were only hired to deal with marriage filing, not the court. My second question is that if I can travel in advance parole in such situation. Thank you for your help and opinion
It is reasonable for a lawyer to only work on the case he was hired to do, but if this lawyer is not doing his job, you should probably find someone else. The next step will likely be to try to get the court case dismissed. You can try to do that yourself, or you can find a lawyer to help you. If you want to do it yourself, you would need the entire filing from your lawyer, which should include evidence that you entered the US lawfully and that your spouse is a US citizen, among other evidence. You will also need the receipts. You can then contact the DHS Office the Chief Counsel (a link is under Resources), ask for the “duty Attorney,” and ask if they can help you get the case dismissed. Sometimes, they actually help, and so it is worth a try. Otherwise, you probably would want a lawyer to help you put together a request to dismiss the case. One issue may be that if they consider the trip to Canada an exist and re-entry. If the re-entry was not lawful (i.e., with a visa), that will make it much more difficult to get status based on the marriage and you would definitely want to talk to a lawyer. You can Google “I-94 Locator,” enter your visa info in there, and see your recent entries and exits to the US, and that should give you an idea about whether that trip to Canada is considered a re-entry. Anyway, it may be a bit complicated and it would probably be a good idea to get help from your lawyer (or another lawyer) to resolve the situation. Take care, Jason
Hello sir
I am applying for my EAD renewal and am waiting for my initial asylum interview what is my current immigration status to answer on ead application
If you filed for asylum and the application is pending, your category is c-8, asylum pending. Take care, Jason
Good morning
Please, I have a question.
I arrived in the United States on a tourist visa in 2017 and applied for asylum due to my political opinion in my country, for which I was being persecuted at the time. However, after 7 years everything returned to normal and I decided to return to my country.
I still have my visa up to date, at no point did I stay in the USA illegally, can I visit the USA without having any problems?
First, if you leave, you should withdraw your asylum case. Otherwise, you will eventually get a deportation order. I wrote about withdrawing on December 7, 2022. In terms of returning, it may be more difficult to get certain types of visas, such as the B or F visa. Other visas, like the H1b or L, should not be affected. If you can show that you will return to your country after you visit, you may still be able to get a B or F visa, but I do expect that will be difficult given that you spent years in the US on a pending asylum application. Take care, Jason
Good evening,
I am filling the I-485 after the asylum approval, and two questions stopped me, I hope I can get an answer for them:
1- Although there is an online I-94 via CBP but with the notice of approval I got a I-94 card. For the question asking to enter the I-94 admission number , do I use the USCIS one or the CBP one ( each has different No.).
2- A question asking for the receipt number of an underlying petition if any, does I-589 asylum application consider as a petition?
Thanks,
Regards,
1 – I do not think it matters. We use the most recent I-94, but we include copies of both the asylum I-94 and the entry I-94 (if the person has that). 2 -For a case like this, there is no petition and we write “N/A” or leave it blank. Take care, Jason
I am in a state of panicking…
NY Times/Siena poll has Trump + 1. It’s one of the highest rated poll in the country…
CBS/YouGov has Pennsylvania tied…
What should we do ?! I am so worried that we are looking at a Trump victory …
Good afternoon,
We are a family, in the process of applying for the green card ( Adjustment of status -Granted asylum) one year passed since the approval.
I will apply for me and the derivative family except one child who chose not to live with us anymore, after age of 18. For the question in the application: Is this child will apply with you? I chose NO. Because the fact is “ The child would file for green card himself”.
My question is:
1- Any responsibilities on me as a principal applicant ?
2- Any consequences on our applications process or results?
Thanks,
Regards,
1 – The child can apply on his own or not, but if the child marries, or if you become a US citizen and the child does not yet have his green card, it will become more difficult for him to get a green card (though he can still get the GC, the process becomes different and more annoying). I wrote about this on February 9, 2022. 2 – I do not see that there is any effect on your application if your one child chooses not to apply at the same time as you. Take care, Jason
I have decided to punish the persecutors.
Dear Jason
I have an final hearing scheduled in Louisana but just moved to New yrok. I changed my address on the court website and ice website but I still see my case same date and judge in Losusina.
My second question is that if change my court location, if they will make me do the master hearing again or or just give me final hearing?
My third and last question I promoise, is that if I hire your office or any other lawyer outside new york, if they could request court to attend my court virtually or the whole thing be done online, or if I need to hire a lawyer in NYC (Very expensive)
Thank you
1 – Normally, to move a case, you would file a motion (formal request) to change to the new court. If you do not do that, the case will remain in the old court. Once you get to the hearing, the judge may decide to move the case at that time, but different judges have different policies on this, and the judge could also go forward with the hearing. 2 – It is possible that they will give you a new Master Calendar Hearing, but again, it depends on the judge and they could just schedule you for the final hearing. 3 – It is possible to do the case virtually, but again, different judges have different policies, and so some judges may not allow that. For that reason, it is probably safer to use a local lawyer, so they can attend in person if required. Take care, Jason
Hi Jason,
So I requested to expedite RTD on humanitarian reason with USCIS customer. Yesterday Tier II officer called and she was super helpful and she said that i met all expedition req. and i got the email that says that my exp.request got sent to NSC.
So now the question is, what are the chances that NSC actually going to expedite?
Now it says “Name was Updated”, why is that?I didn’t request a name update or anything
I would assume that has no meaning other than that the case is being processed. Take care, Jason
People are able to do it, so hopefully, it will work. Maybe they gave you a time frame. Otherwise, I am not sure how long it should take. If there is nothing in a couple weeks, I guess you will have to call back. Maybe let us know what happens, as that would help others. Thank you, Jason
Actually i talked to 2tier officer yesterday and today in the am i got an email from Nebraska center that my request was approved and that my case is being reviewed in expedited maner and status switched to “we approved your request to expedite processing” at NSC.
So timeline is Last Thursday called the USCIS customer, this Wednesday called at 8p.m. EST(surprise..) and said that min. Criteria has been met and then next morning i got the email from Nebraska and case status update.🤷🏻♂️
Good news I guess?
It sounds promising. Let us know what happens. Thank you, Jason
I have work Permit based on pending asylum with uscis. I filed renewal and got 540 day extension receipt but now uscis denied my ead due to pending dui charges Plus i misRepresented on student visa when i entered usa . I heard asylum based ead is mandatory not discretionary benefit. Biden govt changed rules made ead based on pending asylum mandatory . Also only aggravated felony bard ead work permit c(8(). Is it true co8 ead mandatory not discretionary. I fled renewal again will i again get 540 day extension or no plus will i succeed in ead renewal based on ead only barred by aggravated felony argument. Also misrepresentation had any effect on asylum or ead.
I do not see how the pending charge or the misrepresentation can be a basis to deny the EAD case. As far as I understand, the EAD is only barred if you have an aggravated felony conviction, which – even if it were a conviction – the DUI would probably not be an aggravated felony. However, the EAD is not mandatory, and so maybe they denied it as a matter of discretion. But that would be strange to me. Whether the better approach was to appeal the denial or file a new application, I am not sure, and I think it would be worthwhile to have a lawyer look at the denial to see the exact reason. Otherwise, you may have the same problem in the new EAD application. In terms of the automatic extension, you only get that if you file (or re-filed) before the old card expires. Take care, Jason
(1) The approval of applications filed under 8 CFR 274a.12(c), except for 8 CFR 274a.12(c)(8), are within the discretion of USCIS. Where economic necessity has been identified as a factor, the alien must provide information regarding his or her assets, income, and expenses.
@Rohit, did USCIS specifically say that they denied you because of your DUI and misrepresentation ?
I am scared to hear that tbh. The lack of work authorization could have drastic economic impact on me…
And I am worried…
Thank you Jason for everything,
I am getting towards filing for my citizenship and I have question to ask.
I would like to know as per the dates of travels I made outside United States. Will I include the travels I made when I used only RTD without Green card or the ones I made using Green card with my country national passport? Or all travels made since I became Asylee? Thanks
Hi,
Jason will respond soon, but in the meantime, I’ll try to answer your question based on my own experience. If I remember correctly, the N-400 form asks for your travel history within the last five years, specifically since becoming a lawful permanent resident (LPR). So, I believe you would have answered truthfully by listing all your travel outside the U.S. within the last five years and detailing how long you stayed abroad.
I think they ask this question to confirm whether you’ve met the five-year continuous residence requirement. If you want to be absolutely certain and play it safe, you could submit additional travel history from your time as an asylee/when you used the RTD. It wouldn’t hurt to provide that extra information for clarity.
The I-485 (application for green card) does not ask about travel history, but the N-400 (application for citizenship) asks about your trips outside the US from the time you got the green card until the time you filed for asylum. They want to know the date you left the US, the date you returned, and the countries you visited. Jamie has explained the reason for this, and I agree with that. I do think that for asylees, they may also be looking at whether you returned to your home country, as they might ask about that if the travel causes them to suspect that the original asylum case was fake. Take care, Jason
This question is a bit out of the ordinary. So I waited 8 years to be a called for an interview at no fault of my own, asylum approved finally. can I sue uscis in federal court to backdate my green card 5/6 years ago so I can apply for citizenship? Based on my reasearch I don’t think it’s been done before or it’s not even possible under US law? The logic behind the lawsuit is that the court can order uscis to backdate the green card as if it has been issued if the processing had been timely. It’s such that a lot of jobs in the my field which is security and government require US citizenship
I can’t imagine that would work, as you have no right to a timely adjudication of asylum, and I do not know of any law that would give a court power to change the date on the GC. That said, anyone can sue anyone for any reason, so you can try to do this. I would just be very surprised if the case was not dismissed at an early stage of the lawsuit. Take care, Jason
Hi Jason,
Loved your article- being an asylee/refugee doesn’t mean the end of dreams. We still dream big and achieve greater heights despite the situations we have faced. Congrats again to the refugee paralytic team.
I have a question ” As a green card-based asylee who obtained your green card in April 2021, you can generally apply for U.S. citizenship five years after the date you were granted asylum status.
However, there’s a potential reduction in the waiting period due to your asylum status. If you were granted asylum before becoming a permanent resident, a portion of that time might count towards your citizenship eligibility.” Is this true?
I was granted asylee status March 2018, applied for GC March 2019 and received my backdated GC in April 2021. I know there is a 5 year wait, making me eligible to apply for citizenship in April 2026.
However, based on the quoted article above – is there a potential reduction in the waiting period due to my asylum status? If so, I would like to work with you on how I can apply and submit my application. Thank you!
-Steph
I am not sure what that article is, but some of it seems inaccurate. You cannot apply for citizenship based on the date asylum was granted. You have to look at your GC (which should have been back-dated one year from the date the GC was actually issued). Assuming you meet all other requirements, you can file for citizenship 5 years after the date listed on the GC. You can actually mail the N-400 form up to 90 days before the 5-year anniversary, so if the date printed on your GC is April 2021, you can apply for citizenship in January 2026 (again, assuming you meet all other requirements). Take care, Jason
Hello Jason,
I’m a GC holder based on asylum. My RTD application is pending since April 23, and passed the processing time. I submitted numerous service requests, and congressional inquiry, the response has always been generic, just wait!
Now I’m fed up of being treated this way by USCIS and getting ready to file pro se Writ of Mandamus. My local federal court clerk was extremely helpful and provided me all the forms and information i need to draft my case, In addition to online resources. I do have few questions though:
1) I’m claiming on my complaint that I exchusted several admistrative relief avenues with no response. Is reaching out to them several time (phone and electronic), in addition to my congressman is enough, or something else i need to explore before filing the lawsuit?
2) I’m listing Alejandro Mayorkas, Ur Jaddou, and Loren Millet (NSC Director) as defendants. I’m serving all 3 plus my local US attorney plus emailing/serving: uscis.serviceofprocess@uscis.dhs.gov. All via certified mail with signature required. Anyone else i need to serve?
3) Currently, I waited ~17 months. With processing time around 15 months, and historical processing time sits around 14.5 months. Can USCIS claim i haven’t waited long enough?
Thank you so much!
I do not do mandamus cases and so this is not really my area, but I will try to answer. One other idea is the USCIS Ombudsman’s office – a link is under Resources and they sometimes help with delayed cases (though their process takes months). 1 – I think there is no hard and fast rule here, and so this may be enough for some judges and not enough for others. You can also try the Ombudsman. Given how mandamus cases usually work, USCIS would rather settle the case by giving you a decision, and so as long as you have a plausible argument that you exhausted your remedies, it may be enough to allow the case to reach a settlement (which is what you want). 2 – I do not know about this part, sorry. 3 – I think if USCIS wants to fight the case, this would be a weak point for you, as your case is still not far outside the “normal” processing times. Hopefully, they will not want to fight, and if they do, you can argue that they should not be allowed to define “normal” processing times, since they could choose to make that 20 years if they wanted (by diverting resources from processing RTDs). Overall, the goal of the mandamus is to get the attention of USCIS so they settle the case by giving you your RTD and so hopefully what you have done is enough. Please do let us know how it goes, as that will help others here who are in the same situation. Take care, Jason
Since you don’t do mandamus cases…
If some clients try to do mandamus, how does the process (aka, back & forth) usually go about informing you ?
Do they keep you informed of each step ( start with filing of suits), do you coordinate with their mandamus lawyer. OR do they just tell you, in advance, which day they get their interview date ? (I know it will usually be like a year after, but not always…). Cuz, I vaguely remember that… you mentioned that there was a client of yours that took some action without informing you and when you became aware, you still did the next step but withdrew from their case afterwards ( was it for a short-notice interview ?)…So I am just wondering if a client wants to do mandamus case, do you prefer them to keep you informed every step of the way (to avoid a short-notice interview surprise)…or just give you a final interview date they settle with USCIS… ?
Just curious
Yes, we coordinate with the client and the lawyers who file the mandamus. Take care, Jason
Okay
Hi,
I understand Jason already responded with excellent points, but I wanted to ask—are you able to use or obtain your country of persecution’s passport (COP’s passport)? If you can access it and feel comfortable using it, that might be a straightforward option. However, if you’re hesitant to use the passport due to fears of government persecution, that’s completely understandable. Additionally, if your asylum claim is based on government persecution, using the passport could raise concerns, but you could counter any potential allegations of fraud by providing well-documented evidence that you made every effort to obtain a Refugee Travel Document (RTD) but were unsuccessful.
That said, unless your government is the actual persecutor, there have been recent court and Board of Immigration Appeals (BIA) rulings that state former asylees who are now green card holders (LPRs) do not need advance permission to leave and return to the U.S. In other words, as an LPR, you don’t necessarily need to apply for Advance Parole (AP) or an RTD and should have the freedom to travel and return like any other lawful permanent resident.