There’s a scene in the iconic 1994 movie Clerks where Dante Hicks says to his friend and fellow slacker Randall Graves: “You hate people!” Randall responds, “Yes, but I love social gatherings–isn’t it ironic?” This is basically the opposite of my feelings towards the Asylum Office. The people are (mostly) great, but the organization is a disaster. Interviews are routinely delayed for years on end, decisions are delayed for months or years after that. The Asylum Offices rarely give sufficient notice before the interview, so there is little time to prepare, and the interviews themselves are often inefficient and interminably long.
In a recent post, I discussed Faiza W. Sayed’s bold ideas for reforming the Asylum Office and reducing the backlog (which currently stands at well over 1.3 million cases). But the more I think about it, the more convinced I am that the Asylum Office cannot be saved. It should be eliminated.
Now don’t get me wrong, I am not advocating for Asylum Officers to lose their jobs. Instead, I think they should be re-assigned to the DHS Office of the Principal Legal Advisor–the prosecutor’s office in Immigration Court. Under this plan, anyone who files an asylum case would automatically be referred to court for adjudication. The additional people power (i.e., the Asylum Officers) would allow DHS to create a much more robust system to review asylum applications and determine which cases could be easily granted, either on the papers (without an interview) or with a very short interview. For cases that are not appropriate for a grant, the Asylum Officers (AOs) can help narrow issues so the cases can be more efficiently litigated before the Immigration Judge.
Why do I think this proposal would be any different from what we have now, where the Asylum Office interviews an applicant and either refers him to Immigration Court, denies the case where the person is in lawful status or grants asylum? There are several reasons.
First is speed. The Immigration Courts have been expanding at a break neck pace. While new cases are still coming in faster than pending cases are being resolved, the situation is improving. Five or ten years ago, it was common to wait two or three years or longer for a final hearing date. Today, most people in my part of the country wait between one and two years, and average wait times have been falling for the past couple years. While courts are hardly moving at light speed, they are certainly doing better than the Asylum Offices, where applicants often wait five or ten years for an interview.
Second, if the Asylum Officer Corp was rolled into DHS-OPLA, there is much that they could do to resolve cases in Immigration Court. After reviewing the asylum form and supporting documents, the AOs could decide whether the case should be granted or whether additional information is needed. If more information is needed, they could schedule the applicant for a short interview or request additional documentation. If the case is complicated, too time consuming or not amenable to a grant, the AOs can simply pass the case on to the DHS-OPLA attorney to litigate in court. But if an AO can resolve a case, that would save precious court time and DHS resources.
Even if they cannot completely resolve a case, AOs can narrow the issues for Immigration Court. For example, in some cases, the applicant has a well-founded fear of future persecution and is thus eligible for protection, but a bar to asylum might apply. Maybe the person did not file within one year of arrival, or the person was firmly resettled in a third country, or maybe a criminal bar applies. In those cases, DHS could agree that the person will receive protection and the only issue for the court is whether she will receive asylum or some lesser form of relief (Withholding of Removal or protection under the Torture Convention). Narrowing the issues in a case saves time for the judge and DHS, and also reduces stress and uncertainty for the asylum seeker.
AOs would also be very helpful in cases where the asylum seeker is unrepresented, particularly where the person is a minor or otherwise incapable of understanding the process. In such cases, AOs could evaluate the application and determine whether additional evidence is needed. While they may not be able to provide legal advice, the AOs could help develop the case by obtaining testimony, requesting evidence, and examining legal issues. At a minimum, such an evaluation would set the stage for a more efficient and more fair hearing in Immigration Court.
AOs can assist in other ways as well. If the AO determines that a case would likely not qualify for protection, they can inform the applicant, who may then choose to seek dismissal based on prosecutorial discretion, or perhaps leave the U.S. When asylum seekers have a better idea about their likelihood of success, they can make more informed decisions, which ultimately helps them and “the system.”
If AOs were available to deal with resolvable applications, DHS attorneys could spend more time prepping their cases, communicating with opposing counsel, narrowing issues, and evaluating requests for prosecutorial discretion. As things stand now, DHS attorneys usually do not have much time for these tasks. If they had some help, they could do more work prior to trial, which would make the entire system more efficient.
Finally, moving AOs to DHS-OPLA and eliminating the Asylum Office would address a long-standing concern of asylum critics–that applicants currently receive “two bites at the apple.” If the case is denied at the Asylum Office, the applicant can try again with the Immigration Court. While I do not find this critique entirely fair, it is not entirely false either. It seems to me that due process can be preserved if the two systems were combined, and efficiency would increase.
There is no shame in admitting that the affirmative asylum system is not working. Indeed, a recent report from the DHS Office of the Inspector General reaches this same conclusion. The question now is what to do about it: Continue on the same path or try something new? I believe we can improve and save our asylum system. I also believe that that system is well worth saving. We just need the will and the imagination to get it done.
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Refugee, Asylum, and International Operations
Directorate (MS 2100) Washington, DC 20529-2100
Dear Jason,
I want you to pass me the above mentioned address phone office number. I want to mail an argument letter to DHS/USCIS but i dont have their phone number and the post office requested me their phone number if my letter want to reach DHS/USCIS Refugee officers. please help me find their number. thank you for your kind help. I look forward to hearing from you.
Thanks
I have no contact info for them, sorry. I would just Google them to see if you can find an address. I doubt they will respond to a letter in any case, and you might want to try other channels, such as a Congress person – you can find their contact info if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
Thanks for your guidance. But I am not from usa. I am from East African country. How can I use congressional inquiry. One thing is that post office in africa won’t be able to deliver my letter until uscis refugee officers their phone number. Can you offer me some help. Can you Help me locate their phone number please. I hope an answers thanks
If you are seeking asylum in the US, you can contact the Congressional office where you live, and they can potentially help. If you are outside the US, I do not know that a Congressional office will help you. The only office I know that helps refugees outside the US is in Egypt (https://stars-egypt.org/). There may be others, but I do not know about that, sorry. Take care, Jason
Apologies for the multiples questions. I have an Request for Review letter (RFR) and I am a refugee and i am outside the USA. I have the conatct address of the asylum office in Arizona. Can I ask asylum office Arizona to forward my RFR letter to refugee officers uscis? Do you think they the asylum office USCIS will help me by forwarding my letter to them since i am a refugee? I look forward to hearing from you.
Sorry, I do not know about this. I doubt very much that an asylum office in the US would assist with a refugee case outside the country, as that is not what they do. If you are trying to respond to a particular government office, you have to respond directly. I do not think another government office will forward your response to the correct place. That said, there is no harm in trying, but I do not think it will work. Take care, Jason
Hi Jason,
If a person entered the US for more than 4 yrs, considered “in-status” while applying for affirmative asylum, then go out of status – does the one-year bar still apply?
Thank you！
If the person was in status, that is an exception to the one-year asylum filing bar. Common visas that could last for 4 years are F visas or H1b, but you have to remain in status (full time student or stay in your job the whole time). I wrote more about this issue on January 18, 2018. Take care, Jason
Hi Jason,
I filed for my parents IR-5 Visa who are living outside the USA and they live in Nairobi-Kenya East Africa. How long does it take US Embassy Nairobi to schedule my parents a US Visa?
If they wait for two years without interview is there any path that can help us?
After waiting for a long time like 2 years what steps can help us to get the IR-5 Visa interview scheduled?
Thank you for your attention to my two questions.
I look forward to hearing from you.
Thank you!
I am not doing many consular cases, and so you probably should talk to a lawyer who does those types of cases. However, it does seem that things have slowed down at the embassies, and so the delay may be part of that general trend. You can Google the embassy and find their email, and then email them. You can also contact your Congress person to ask for help – you can find their contact info if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
Hello Jason,
I applied for marriage based green card in October 2023. RFE was sent in January 2024 and a response was submitted in Feb2024. From there my case status online has been showing under review. This morning I contacted Emma and said my I-485 application was moved to a local field office. Is that a bad or good thing?
Hello Jason,
I applied for marriage based green card in October 2023. RFE was sent in January 2024 and a response was submitted in Feb2024. From there my case status online has been showing under review. This morning I contacted Emma and said my I-485 application was moved to a local field office. Is that a bad or good thing?
Maybe it is a good sign, as it may mean they will schedule you for an interview, but I am not sure. It may also just be that USCIS moves cases around depending on their work load. Take care, Jason
Hi Jason and comunity,
I had Calendar Master hiring in NY scheduled for the end of Octomber 2024 and yesterday i received a mail with New date rescheduled for July 2025 is this a common practice this days or i was a unlucky one and after waiting for 9y and dealing with USCIS now Court does and treat us the same !? wery disapointed ! i higly appriciate any info and recent similar experince & situations you dealt especialy in NY.
I do not know much about the NY court, but in general, it is common to have cases rescheduled like that. You can try to get an earlier date if you want – I wrote about that on April 20, 2017. Take care, Jason
Hello Jason
Can I print uscis form on both sides of page? For some reason my printer gives me one side only? Is uscis configured in a way to be printed only one side?
For submitting the form, I think you should print it on single sided paper. I do not know that USCIS will accept a filing that is double sided. I guess you can check the instructions for the particular form to be certain, but as far as I know, the form and all evidence should be single sided. Take care, Jason
Amy updates on immigration courts are they fast since biden announced sweeping restrictions on border and crossings are becoming less. Are the cases and backlog moving faster in immigration courts.
And in uscis also are asylum offices conducting interviews of new applicants who filed under 21 days and also people in backlog these days.
If this trend continue will they backlogs go away
Courts have slowly getting faster (there is actually a link to that in the above article), but most cases still probably take a year or two. Wait times vary depending on location, as some courts are faster than others. In terms of the asylum office, we have little data, but as far as I can tell, it is very rare to have an application interviewed quickly under LIFO. Take care, Jason
@asylum seekers and asylees, have you ever felt sad that a majority of your life so far has been running away from danger and harm ? It almost feels that…somebody…stole…robbed me of my…time…a time I should have been able to live peacefully and happily…A grant of U.S. asylum could hardly fully compensate all the suffering…
Yes, unfortunately, there are so few of us, and that’s why our voices go unheard and it feels like no one cares. I understand exactly how you feel – over the years, I’ve dealt with depression and panic attacks myself. Both my physical and emotional health have deteriorated. It’s become nearly impossible to focus on anything. Sometimes, I can’t even believe my asylum will ever be granted. And when that day comes, it’ll feel like in that movie: you got what you wanted, but at what cost? At the cost of everything.
Hello Jason
I am a green card holder and applied for my dad parole from Afghanistan . His case has been pending for last 3 years. I have sent several reminders to uscis but to no avail. can I sue Uscis to make decision on my dad case? Thanks
The parole process is very slow and I do not think suing will help (though I am not sure – you can talk to a lawyer who does mandamus cases and see what the lawyer thinks). If you have not tried it, maybe you can ask your Congress person for help – sometimes, they can assist in a situation like this. You can find their contact info if you follow the link under Resources called House of Representatives or Senate. Also, of course, if you become a US citizen, you can file to bring your father to the US based on the family relationship. In general, a person is eligible to apply for citizenship 5 years after the date on their green card, and you can mail the application up to 90 days before the 5 year anniversary (assuming you meet all other requirements for citizenship). Take care, Jason
Hello Jason, I applied asylum in 2016, and just got denied from interview and got NTA. My case is based on I got force abortion 16 years ago. The only direct evidence I submitted was a medical report from the year I was found to be pregnant. It was kept by my mom in her house. But due to my mom passed away last year, it can not be found. So I have to go interview with the copy only. Due to being very nervous during the interview, when the AO asked me twice in different ways how I obtained the medical report scan copy, I first answered that my family scanned and sent it to me, but the second time I mistakenly said that I scanned it and gave it to my lawyer’s assistant. In the end, the AO rejected me on the grounds that I had changed my testimony and admitted to submitting false evidence(I never admitted anything like that). So my question is: 1. Was it reasonable for the AO to conclude that I submitted false evidence based on that mistake? 2. Due to the loss of the original medical report, does the scanned copy have the same legal effect in court?
I am not sure how you know the exact basis for the finding that you were not credible. Normally, they do not provide so much detail about the reasoning (though they do provide detail if you received a Notice of Intent to Deny letter). Unless they sent you the reasoning, you need to be careful about making assumptions as to the reason for the denial. In any event, based on what you said, it does not seem very reasonable to conclude that your evidence was false. I can see that they may not find it very reliable, and even if you had a prior pregnancy, that is only one piece of evidence that you had a forced abortion – by itself, it does not prove a forced abortion. Maybe you can get other evidence about that – letters from people who know you and a psychological report. If you have any lasting harm from the forced abortion, maybe you can get a letter from a doctor in the US about that. It would be helpful to have the original medical report, as that is probably more valuable as a piece of evidence, but again, that seems to me only one piece of evidence and I am not sure it would make a lot of difference even if you had it (though it obviously wouldn’t hurt). I would try to get additional evidence to support your claim, as the collection of evidence all together will be more powerful than just one document. Take care, Jason
Thank you for your reply. I got the AO note and interview records by FOIA. And yes, I do have letter from my former colleague. But for the doctor report in US, Would that still be helpful for something happened almost 20 years ago?
Maybe it could help – it is a “forensic” report, meaning the doctor would have to look at any scars or internal damage that still remains and state that what the doctor is seeing is consistent with your statement about what happened and consistent with the time frame since the injury. Such reports are not always helpful, but in some cases (for example, improperly healed bones, scars) it can be very helpful. Take care, Jason
In any of your case, have you been able to win an asylum case, based on past persecution which is constituted by non-physical injury ?
Because, I hear about a lot cases, in which the asylum applicant, chose to refrain from a practice, in order to avoid physical harm. But, the kind of refrain…should it be itself considered a type of harm (psychological harm )?. It would be hard for me to believe that, this group of applicants can only rely on well-founded fear to win asylum, simply because, they chose to refrain from a certain practice, in order to avoid physical harm.
If you have been able to win an asylum case, based on past persecution, which is constituted by non-physical harm, how did you do that ? what kind of support did you provide to the adjudicators that you feel, helped you win ?
btw, I feel that, this is where a lawyer’s representation is the most valued — the ability to represent, materialize murky definitions in INA in a way that cast the client in the most favorable light.
I know some lawyers really like to take cases where the applicant is severely injured to the point that they will not have a good-quality life, even if granted asylum, because they know these cases are almost certainly going to win. But they dismiss/not take cases where the applicant is not severely injured, which might have a 50% chance of win. I don’t think highly of these group of lawyers.
It is possible. I remember one case where the woman witnessed the murder of her family members due to their ethnicity. She herself was not harmed, but this was very clearly past persecution. Take care, Jason
Thanks for being specific. I like that 🙂
I guess this does prove the point that “an asylum seeker doesn’t need physical injury to prove past persecution”.
But, (as I am always very strict and demanding when probing because the stake is too high, so don’t take it personal) I am a little concerned that this particular scenario falls into the the guideline’s 3.9 “Harm to Family Members or Other Third Parties” rather than 3.7 “Psychological Harm”…tho there could be some overlap.
I want to ask a follow up question, for your clients that win based on past persecution, do they typically have to sustain…”significant” physical injury ? I have to imagine that significant physical injury would be uncommon…do you have clients that suffered … non-significant physical injury…and was able to win asylum based on past persecution ? …
In my area of the US – covered by the Fourth Circuit – threats can constitute past persecution. I think the law is not the same everywhere. That said, most of my cases involve fear of future harm and not past persecution. For cases where there was past persecution, the harm is often pretty severe. Take care, Jason
It’s almost unbelievable…
Like Trump has committed a litany of crimes, and was convicted of some of them…
If I did half of what did…I’d be in jail already…how could he still be able to walk as a free man ? and is running for election ? and has about 50% of support of the country ?
Is he above the law ? because it really seems like he is, the law doesn’t seem to apply to him and 1/3 ~ 2/3 Supreme Court seems to be … shielding him…am I right ?
My final hearing is in January. Small sate wich prevented me from finding work there. I moved to Newyork.
Is it difficult to resolve the issue that I ask judge to move my case to new york because of my new job here and how long it takes for him to see my letter
Why a small state could prevent you from finding work ?
It is hard to predict. You can call the judge’s clerk and ask about your request to move the case. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hello Jason, I appreciate all the knowledge in this blog. It helped a lot navigate the asylum process in the country.
I have question about correcting my name on my work permit. I misspelled a letter in my name in my initial work permit last year. I was granted asylum by judge recently, and i can now apply for unrestricted work permit but worried it going have the same misspelling. The misspelled name doesn’t match my country passport, or the spelling the court has, and doesn’t match my Georgia issued driving license, so i need to correct it because employers couldn’t do background checks because the error. I wonder if there’s a specific process of going abt correcting the name with USCIS while also getting the new unrestricted work permit.
Best,
Daryna
If you were granted asylum in court, the new procedure is that they automatically issue you a new work permit. That should be based on the court order and not on your old work permit, and so the name should be correct. I am not sure if this will work, but you can call the judge’s clerk and tell the clerk about the error on the old work permit, and ask if you can verify your spelling before USCIS produces the new work permit. You can find the judge’s number if you follow the link under Resources called Immigration Court. If they do not automatically send you the new card in 45 days (and this happens in some cases), you can apply for a work permit using form I-765. As long as your name is correct on the form, you should be fine, but you can also explain in the cover letter that the old work permit was misspelled, so they are aware of that error. Take care, Jason
Hi Jason, they made a mistake on my combo card and instead of putting M they put F for me. I’m male and I have to leave the country asap to see a relative, everything else is correct. is this a big issue?
thank you.
This is the second time I heard about this same mistake in the last few days (the other case was the same mistake but on the RTD). I honestly do not know how much of an issue this will be when you return. If the name and A number, and photo, are all correct, it should be pretty obvious it is you, and I expect things could get sorted out at the border and you can enter. However, the worry is that the airline will not allow you to board the plane to return due to the error. Maybe you can try to check with them in advance. Otherwise, you can try to get the error corrected. I think USCIS corrects such errors quickly if it is their fault (you can look back at your I-131 and I-765 forms to be sure you checked the correct box). If you want to try to get it corrected, you can start with this website: https://www.uscis.gov/tools/uscis-tools-and-resources/information-about-your-immigration-document/updating-or-correcting-your-documents, or you can try to call them at 800-375-5283. Take care, Jason
Hi Jason,
Since I’m seeing conflicting information online thought to ask. I just received my RTD, since the processing time is > 1 year. Can i apply for a new one right away to cover some of the time gap? Or do i need to wait and apply within 6 months of expiration? If i can apply now, do i need to mention any reasoning on my cover letter, or just simply lodge a new application?
Thanks!
Jason will respond soon with his recommendation.
In the meantime, I personally advise against applying right away. There’s a risk that your application could be denied and the application fee kept by USCIS. If you need to travel urgently, it might be safer to apply several months into the validity of your current RTD. Applying immediately after receiving your current one is risky.
Additionally, assuming your current status is as an asylee (and not LPR), you can submit your green card (GC) application before reaching the one-year mark of living in the U.S. as an asylee. How soon is up to you, but most lawyers seem to agree that 6 months into being an asylee is a good time to submit the I-485 application. This would bring you closer to adjusting your status to LPR, which could allow you to use your COP’s passport for travel after your status is adjusted.
There is no law that explicitly prevents you from using your COP’s passport to leave and enter the U.S, as a former asylee/once you’ve adjusted to LPR status. As an LPR, travel restrictions are more lenient, although you must still be cautious not to be accused of abandoning your LPR status. This could happen, for instance, if you remain outside the U.S. for extended periods, fail to maintain a U.S. residence, or lack significant ties to the U.S. However, these conditions apply to all LPRs, regardless of how they obtained their status. Therefore, if you can get the passport, after adjusting your status, and provided that you really need to travel, which I can sense from your message, go for it.
I agree with the advice about applying for a GC early. I wrote about that (explaining why many lawyers recommend waiting 6 months after winning asylum) on February 8, 2023. Take care, Jason
As far as I know, you can apply at anytime. However, you are supposed to mail USCIS the original RTD if that is still valid. This is obviously a stupid rule, and I have heard about people not sending the RTD until (and if) USCIS requests it. I am not sure whether that will work, and the rule is clear that you are supposed to send in the original RTD if it is still valid, but I guess you can try if you want. We keep hoping that the validity period of the RTD will be expanding, but so far, that has not happened. Take care, Jason
In that case, can we just send a copy of the valid RTD or not send anything?
You are supposed to send the original RTD if it is still valid, and not a copy. I guess if you choose to send a copy, maybe USCIS will request the original. I do think there is some risk in not sending the original – potentially, they could deny or reject the case. However, due to the long wait time for a new RTD, this all makes life very difficult for asylees who need to travel. Take care, Jason
Jason and Jamie are both correct, but i want to add something to this statement.
Instructions says that you can’t GET an extension OR another new RTD while old one is valid.
In USCIS Adjudication guidelines(find it online) it says that you CANNOT get a new one, until you have the old one. It says that officer should do an RFE to get it back, BUT it also says that it can be sent back to alien IF RTD has valid visas or other information, BUT the first page has to be voided(like id they will make a hole).
So technically you can apply and an officer can RFE it if they need it.
Hi Jason,
Thanks for helping asylum community. Actually my kid will be turning 21 another two years and he is US born child, will he sponsor Green card for me? is this comes under Family Sponsored applications right? or different category? since we both here, do they process my 485 application quickly? or country based ?
Jason will respond soon. In the meantime, here’s my opinion:
Once your child turns 21, they can file the I-130 (Petition for Alien Relative) for you. If you’re in the U.S., you may be able to adjust your status. If you’re outside of the U.S., and assuming you’re not barred from reentry, you would go through consular processing for an immigrant visa.
However, keep in mind that if a parent entered the U.S. illegally (without inspection), they are generally ineligible to adjust their status to a green card while in the U.S. This is because one of the key requirements for adjustment of status (Form I-485) is lawful entry. The same applies to individuals with certain felonies or convictions. That said, there are exceptions and waivers available for some situations (245 (i) is one section that talks about this). Overstaying your visa is not as complicated, though.
If this applies to you, it’s best to consult an immigration lawyer to explore your options.
If you have a US citizen child who is 21+ years old and you entered the US legally, you would probably be able to get your GC in the US (unless you have committed crimes or been ordered deported, but in those cases, talk to a lawyer). These days, the process usually takes 1 to 2 years. I wrote about this on August 6, 2018 if you want more detail. Take care, Jason
Hi all
I want to book a plane ticket, and on the website, they asked what passport I have. I only have the U.S. refugee travel document. What should I select for the passport? They are asking for the passport, not the nationality. Should I choose the U.S.?”
I really do not know about that. I think you may need to call the airline to talk to someone, as claiming that you are a US citizen can have very bad immigration consequences, and I would not take that risk. Take care, Jason
Dear Mr. Jason, I filed a mandamus with the help of pro se legal students who graduated last semester and are no longer on the case. I attended my interview finally after 7.5 years last week thanks to the lawsuit. The government attorney reached out to me with a document requesting to dismiss the case with a notice of voluntary dismissal to sign. I wonder how to go about keeping the court case going till also a decision is issued because that also was demanded in my complaint to issue a decision with a 90 days of the interview. I’m afraid it might take few more yrs as well to issue a decision if I drop the case
I would imagine it is a good idea to talk to a lawyer before you dismiss the case or don’t dismiss the case, as there may be a reason for this. Also, it is unusual to have a case in immigration court where a mandamus is filed, and so I am not sure I understand your question. If the case is in court, depending on the situation, you may have a right to a decision (I think this is true if the case was originally at the asylum office) and if so, you can decline the offer of dismissal. I would talk to a lawyer, though, as that may be the better option. Maybe at least you can do a consult somewhere, and that might be enough to better understand your situation. Take care, Jason
Thanks Jason for your prompt answer, it’s all within the asylum office, no immigration court ever fingers crossed.
I meant by “government attorney” the Assistant United States Attorney, ie the person or people representing the DHS/USCIS in the district court against me as the plaintiff
I never heard of them offering to dismiss an asylum office case, unless the person already got status in the US or left the US. You might check back with your former lawyer to see whether the mandamus resulted in a schedule for an interview and a decision, as that would be pretty common. Take care, Jason
So…is there any circuit split in terms of what constitutes persecution… ?
There are some people, whose experience, in 4th circuit, will not be considered persecution, but in some other circuits which have a lower standard, could clear the persecution bar…
In situations like that, are you able to typically win them asylum based on past persecution ?
There is, and I wrote about that on August 18, 2015. Take care, Jason
okay
Hi Jason hope this finds you well. I have a friend who applied for asylum about eight years ago. She hasn’t received an interview notice if she does mandamus , will she have to do it twice once to get the interview and another mandamus to get the decision if they don’t provide a decision?
Thanks
Normally, if a person files a mandamus, the asylum office will settle the case and agree to a schedule for an interview and a decision. So one mandamus should be enough. If she has not already done so, she should try to expedite the case before she files a mandamus – I wrote about that on March 23, 2022. Take care, Jason
Hi Jason
Please if you can give me some insight to my confusion.
I would like to expedite my case simply because my husband and me have been waiting for so long since 2016.
In 2019, Our case status changed to case pending Interview and its now 2024 . We are yet to wait for an interview date.
Is it advisable to expedite the case? I read your article but I feel like we dont have a strong reason we just want to not wait for so long and get our case resolved.
Also can you please let me know the interview is successful and we want to apply for green card do we need to wait for 12 month to apply for green card ? or can we apply for it within 30 days ? and how long does a green card in these cases take to come ? please let me know.
Thank you Jason Im so sorry for a long message to you
I replied to the other message about expediting, but maybe you can get a letter from a doctor/psychiatrist stating that the delay is harming your mental health. That can be a reason to expedite. You might also consider a mandamus lawsuit. If you win asylum, you can apply for a GC in less than a year – I recommend 6 months, but you could apply sooner than that. I wrote about the reasoning on February 8, 2023. Take care, Jason
Trump on Immigrants, In Ohio ,immigrants eat cats and dogs from their neighborhood, isn’t this promoting and fueling hate. Demonizing human being. Sound as immigrants are naturally born different from Americans, somehow as cannibal
On the one hand, his claim is ridiculous. But it is also serious and reminds me of the “blood libels” in Europe where the community would falsely accuse Jews of killing babies and then use that as excuse to attack and kill Jews, or lynchings in the US where Blacks would be falsely accused of looking at a White woman and then that would be an excuse to lynch people. So while it is dumb, it is also deadly serious. Take care, Jason
Hi, for the refugee travel document, if one’s online case status after interview changed to approved & inforned over the phone it was approved, can they apply for RTD without the official letter of approval in hand? I assume they could see on their system it was approved
Thank you
You can apply ASAP, but you need to submit proof of status.
Probably yes they can check your status, but at the same time you are applying without required documentstion.
Required documentation:
1.ID photo
2.Application
3.Proof of status like EAD(A5),i-94 or IJ grant.
4.and maybe photos, I’ve submitted and they have waived my fingerprints 🤷🏻♂️
According to “Refugee Travel Document adjudication manual” checking Asylee status is the most important step and most likely they will request something from you(RFE).
Appreciate your reply A, can you share how long the processing lasted before they issued you ?
Hi A
I ned to ask you if you expited your case ? and if you did was it successful.
We are waiting for our interview date since 2019. Our case was filed in 2016.
If there a possibility if we expedite the case we will get an interview date, (status of application right now is in interview ) within 30 days?
We want to go for umrah and would like to expedite our case to see if we can get an interview as soon as possible.
WAit for the interview itself is too long.
Thank you A
I wrote about expediting on March 23, 2022 and maybe that would help, but even if you can expedite (or file a mandamus lawsuit), I do not think it is realistic to get an interview and a decision withing 30 days. You try to apply for emergency/expedited Advance Parole, which is permission to re-enter the US if you leave – I wrote about that on September 11, 2017. Take care, Jason
I have never tried that and I do not know that it would work. If it does not work, it might cause a long delay, and so maybe you are better off waiting for the approval letter, which hopefully will arrive soon. Take care, Jason
Hello Jason.
I was granted asylum in May 2024, I am trying to apply for a RTD but I am confused with the information on the uscis website about payment.
On Part 2 of the application, I chose Application Type 1.b ( I now hold U.S. refugee or asylee status, and I am applying for a Refugee Travel Document. )
There is a part of the website about fees that says:
Filing Category:
If filing for a Refugee Travel Document for an asylee or lawful permanent resident who obtained such status as an asylee, who is:
Under 16 years of age;
16 years of age or older.
1. $135
2. $165
There’s also a part that says:
You do not need to pay an additional fee for Form I-131 if:
You are filing Form I-131 Application Type B or D;
Does this apply to me or Type B is something else unrelated to my situation.
Please help advise me accordingly, do I need to send a check with my application or its free. I am confused.
Thank you so much.
Just got mine and yes you have to pay $165.
The fee for the RTD is $165 (unless you are under 16). Take care, Jason
@ASYLEE:
FYI, if you already applied for adjustment of status( Green card) and your application is pending then you do not need to pay for RTD.
Actually, that is the old rule – if a person files today, they need to pay for the green card (or file a fee waiver) and pay for the RTD. Take care, Jason
My bad, you are right Jason, I applied couple months ago and the rule was for a particular time frame.