Comments on: Seeking Asylum Can Break Your Heart – Literally https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/ Asylum and Its Discontents in the United States Tue, 04 Mar 2025 10:40:44 +0000 hourly 1 By: Jason Dzubow https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/comment-page-1/#comment-173843 Tue, 04 Mar 2025 10:40:44 +0000 https://www.asylumist.com/?p=11577#comment-173843 In reply to gcholder.

I have not heard about any requirements being relaxed. To determine when you can apply for citizenship, you have to look at the date on your green card and add 5 years, assuming you meet all other requirements. If you got the GC from asylum, it should have been back-dated one year. Also, you can mail the naturalization form, N-400, up to 90 days before your 5-year anniversary of the GC. Take care, Jason

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By: gcholder https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/comment-page-1/#comment-173837 Tue, 04 Mar 2025 01:06:42 +0000 https://www.asylumist.com/?p=11577#comment-173837 hey jason and your excellent team, thx for all you’ve done for our ppl who need professonal legal guidance and help!!
i’ve heard recently that the continuous residence requirement has been relaxed for citizenship application, so does that impact green card holder through asylum path? my 485 got approved 11/2024, when am i eligible to apply for citizenship?
thx!!! god bless!

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By: Jason Dzubow https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/comment-page-1/#comment-172948 Fri, 24 Jan 2025 23:26:25 +0000 https://www.asylumist.com/?p=11577#comment-172948 In reply to APPLICANT.

I agree that alternatives to asylum are probably the better bet. Most people who file do not have a choice. Eight years ago, the system was a bit better, since we had FIFO and the Asylum office Scheduling Bulletin, so at least you knew when to expect an interview. That ended in January 2018 and since then, it is impossible to predict when anyone will get an interview. You can try to expedite – I wrote about that on March 23, 2022, and if that fails, maybe consider a mandamus lawsuit. Take care, Jason

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By: APPLICANT https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/comment-page-1/#comment-172942 Fri, 24 Jan 2025 18:34:53 +0000 https://www.asylumist.com/?p=11577#comment-172942 In reply to Jason Dzubow.

Thanks Jason.

There are probably some people who are wondering whether they should apply asylum or not. I just wanna share my experience to those who are not sure yet.

I know all cases are different but if you have alternative options like I had (EB, Family based), please prioritize those first. Learn from my lesson. I applied 8 years ago without any proper information and read this blog, seemed like process would go smoothly and a lot of information was posted here. Then I applied and hoping I would go for interview soon, but time passed, lost my F-1 status, and followed up immigration office. Nothing happened after 8 long years. This has put me a lot of stress, such as family separation, renewal EAD, especially recently. Now I am in limbo of no status and part of illegal immigrants. Even though my employer wanted to apply EB-2 years ago, I am in very tough position now cause I am out of status.
Wish you everyone luck.

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By: Jason Dzubow https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/comment-page-1/#comment-172935 Fri, 24 Jan 2025 10:59:22 +0000 https://www.asylumist.com/?p=11577#comment-172935 In reply to APPLICANT.

If you read the receipt, it explains that the old EAD is automatically extended by 540 days, and that can be used to continue working legally. It should also be able to help extend the DL, though sometimes you need to get help from a supervisor at the DMV because not all the workers seem to understand this. In terms of EB-2, there may be different ways to do that. One is under a law called INA 245(k) inside the US; another is processing the case overseas (there may be other ways also). I think you would want to talk to a lawyer who does EB cases and who hopefully has done a 245(k) case before to explore your options. Also, I wrote about this on August 28, 2018 and September 6, 2018, and maybe those posts would give you some ideas. Take care, Jason

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By: APPLICANT https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/comment-page-1/#comment-172929 Fri, 24 Jan 2025 03:57:12 +0000 https://www.asylumist.com/?p=11577#comment-172929 Hello,
My asylum based EAD application is still pending now for 5months now. However, my current one is expiring very soon. My employer asking me to provide renewal EAD which I don’t have, so I provided my application receipt. Would it be problem if I still don’t receive my EAD before expiration?

Also my driver license is tied to my EAD that’s expiring soon. It’d be very hard to live without my valid license. Is there a way that I can request DMV to extend it until I receive EAD renewal just with the application receipt?

Everything is hopeless these days and I am suffering mentally due to this long process. I have been waiting for 8 years without any interview. I lost my student visa status while waiting asylum interview. Now even though my employer is willing to apply for EB-2, I don’t have valid status.

Would there be any exceptions that I can still adjust my status? I know it’s long process but at least I am trying.

Thanks so much,

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By: Jason Dzubow https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/comment-page-1/#comment-172434 Sun, 05 Jan 2025 17:29:26 +0000 https://www.asylumist.com/?p=11577#comment-172434 In reply to Drem.

If you apply to naturalize, there is no effect on them. However, if you are naturalized before they get their GCs, there will be a very significant delay for them and they will need to file a “nunc pro tunc” asylum (I wrote about this on February 10, 2022 near the bottom of that post). Alternatively, once you have citizenship, you can file I-130 petitions for them if they are eligible. The safer path, since they have already filed for their GCs, is to wait for them to get their Green Cards, and then you can file for your citizenship. Take care, Jason

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By: Drem https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/comment-page-1/#comment-172410 Sat, 04 Jan 2025 02:59:11 +0000 https://www.asylumist.com/?p=11577#comment-172410 Hi Jason,

Let me start by appreciating you for all the things you do. I have a question, I am about to apply for naturalization. I got green card through asylum and now it’s time for me. My wife and son got asylee status as derivative asylees through me. We have applied for green for them last year and we are still waiting for that. My question now is, if I apply for naturalization now before they get their green card, can it impact their application? Can they be out of status?

Thank you,
Drem

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By: Jason Dzubow https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/comment-page-1/#comment-172319 Sun, 29 Dec 2024 19:09:53 +0000 https://www.asylumist.com/?p=11577#comment-172319 In reply to TALHA.

I do not do refugee cases, and so I do not know whether it is possible to get the US embassy to reconsider such a decision. I do expect that will be very difficult, and certainly, you would need to explain why someone made a false claim against you, and some evidence to support the fact that the claim is false. The only organization I know that helps refugees is in Egypt – you might reach out to see whether they can help or if they know an organization in your country that can assist. Their contact info is here: https://stars-egypt.org/. Finally, I am not sure what you mean about the I-130. Only an adult US citizen can file an I-130 for a parent. If your child is an adult US citizen and is filing for you, you will still need to deal with the false accusation, and so you should try to get evidence about that and your son may want to talk to a lawyer to assist with the case, since the false accusation could be a problem to get a green card this way. Take care, Jason

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By: TALHA https://www.asylumist.com/2024/12/11/seeking-asylum-can-break-your-heart-literally/comment-page-1/#comment-172317 Sun, 29 Dec 2024 15:37:51 +0000 https://www.asylumist.com/?p=11577#comment-172317 Dear Jason,

First off, we are refugees under UNHCR.

I have a big question regarding USRAP and the The US Embassy consulate.

USRAP made a split decision on our cases where my son was taken to USA while we are rejected.
The rejection was caused by false accusation submitted against us to the USRAP office.

My son filed for his refugee parents I-130 petition who are outside the USA.

If we the parents presents about the false accusation against us to US Embassy during the consulate interview at the US Embassy.

Does US Embassy have power to reopen USRAP case that was closed due to false accusation or they will tell us they cannot do anything a case that was closed. We want the whole family case to reopened. Again does US Consulate have full power to contact USRAP about our case that was wrongly denied? Unfavorable decision was made by the USRAP. PLEASE LET US KNOW. I look forward to hearing from you as soon as possible. Thanks.

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