Pro-Life Attorney Named Director of Office of Refugee Resettlement

by Jason Dzubow on April 6, 2017

E. Scott Lloyd has been named Director of the Office of Refugee Resettlement, the office at the Department of Health and Human Services tasked with assisting refugees resettle in the United States. Mr. Lloyd’s background includes government service, work in the private sector, and a strong devotion to conservative Christian causes.

Scott Lloyd, Director of the Office of Refugee Resettlement.

Mr. Lloyd got his start helping his law school professor represent the parents of Terri Schiavo, a woman in a persistent vegetative state. The case pitted Ms. Schiavo’s husband and legal guardian against Ms. Schiavo’s parents:

Schiavo’s husband argued that Schiavo would not have wanted prolonged artificial life support without the prospect of recovery, and elected to remove her feeding tube. Schiavo’s parents argued in favor of continuing artificial nutrition and hydration and challenged Schiavo’s medical diagnosis. The highly publicized and prolonged series of legal challenges presented by her parents caused a seven-year delay before Schiavo’s feeding tube was ultimately removed [in 2005, leading to her death].

Mr. Lloyd built on this experience by assisting Americans United for Life (the self-described “legal architect of the pro-life movement”) to develop a policy on end-of-life issues. He also helped a Congressional Subcommittee prepare for a hearing and issue a report on the “chemical abortion drug” RU-486.

In 2010, Mr. Lloyd co-founded a law firm called Legal Works Apostolate, “a full-service law firm providing effective representation and counsel, informed by the particular concerns of families and institutions that must navigate the ‘thickets of the law’ while remaining faithful to Church teaching.” All of the firm’s attorneys and staff “undertake or persist only in work that is consistent with our deep and abiding concern for the right to life and the sacramental nature of marriage.”

Immediately prior to his job at ORR, Mr. Lloyd was employed by the Knights of Columbus, a Catholic fraternal and charitable organization, where he focused on assisting Christian refugees and other religious minorities persecuted by ISIS. As an organization, the KoC has expressed pro-immigrant views. For example, in 2006 (before Mr. Lloyd’s time), the KoC called upon “the President and the U.S. Congress to agree upon immigration legislation that not only gains control over the process of immigration, but also rejects any effort to criminalize those who provide humanitarian assistance to illegal immigrants, and provides these immigrants an avenue by which they can emerge from the shadows of society and seek legal residency and citizenship in the U.S.” The organization has also been politically active, particularly in campaigns across the U.S. against gay marriage.

In addition to his day jobs, Mr. Lloyd has been an active volunteer in the pro-life movement. He is on the Board of Directors of the Front Royal Pregnancy Center, an organization that provides “counseling” related to unwanted pregnancies. He is also a founder of Witness Works, which aims to build a “culture of life.” In addition, he contributes to various pro-life publications, including Human Life International (“Contraception: The root of the Culture of Death”) and Veritatis Splendor, where he writes, “The Supreme Court, when it claimed to recognize for women the ‘right’ to abortion on demand, simultaneously stripped the fathers of these children of their right to be parents, and other associated rights” and “LifeSiteNews provides this nice criticism exposing the logical bankruptcy of [Maryland] Governor O’Malley’s support for so-called ‘gay marriage.’” In another article, Mr. Lloyd references the “radical secularists” who opposed the display of a cross on government land. He also has a piece in the National Catholic Register, where he bemoans the high failure rate of contraception and opposes taxpayer-funding for birth control. Mr. Lloyd writes, “I suggest that the American people make a deal with women: So long as you are using the condom, pill or patch I [the taxpayer] am providing with my money, you are going to promise not to have an abortion if the contraception fails, which it often does. You will put the baby up for adoption if you don’t want him or her.”

So what we have in Mr. Lloyd is a man who has devoted himself to the pro-life cause, who seems to oppose “so-called” gay marriage and “radical secularists,” and who has worked to help Christian and other minority-religion refugees (as opposed to Muslim refugees) in the Middle East. Whether any of this is relevant to his new position as Director of the Office of Refugee Resettlement, I do not know. But I can’t help but feel concerned that Mr. Lloyd’s narrow focus on “Christian issues” leaves some doubt about his commitment to the wide and diverse group of refugees and resettlement agencies he is now expected to serve.

More troubling than Mr. Lloyd’s experience, though, is his lack of experience. It seems he graduated from law school in 2007, and then worked for most of his career on pro-life issues. He formed the Legal Works Apostolate law firm in 2010 and then sometime thereafter he worked for the Knights of Columbus on Christian refugee issues (as best as I can tell, Mr. Lloyd was working on contraception issues with the KoC by early 2012). Indeed, Mr. Lloyd’s sparse government profile provides no dates, so it is unclear how much experience he actually has. And with regards to his time at KoC, we’re told only that he “served as an attorney in the Public Policy office.” It’s not even clear that his primary duties at KoC involved refugees.

All this begs the question, how is Mr. Lloyd qualified to direct the Office of Refugee Resettlement? What experience has he actually had with refugees? Or with running a large organization that has an annual budget in excess of $1.5 billion (though presumably the budget will be cut significantly under President Trump)?

Also, in a properly-functioning democracy, one would hope that appointed government experts would have the knowledge and the courage to speak truth to power. Does Mr. Lloyd have the breadth and depth of experience necessary to advocate for refugees? Will he stand up to Trump Administration officials who falsely characterize refugees as terrorists and criminals? Will he be able (and willing) to stand up for Muslim refugees, and dispute the many false stories vilifying them? And what about LGBT refugees? Given his history opposing gay rights, will he treat LGBT refugees with the respect and compassion that they need and deserve?

Perhaps I am too skeptical of Mr. Lloyd. He clearly has demonstrated compassion for certain vulnerable populations, and that compassion may very well extend beyond his prior areas of interest. His challenge will be to expand that circle of compassion to include people who he has not previously served. Christian teaching commands “love your enemy.” And Proverbs states, “If your enemy is hungry, give him food to eat; if he is thirsty, give him water to drink.” And of course, the Torah reminds us again and again to welcome the stranger. If Mr. Lloyd takes these admonitions seriously, he may well prove my skepticism wrong. I certainly hope so.

{ 114 comments… read them below or add one }

kuku May 9, 2017 at 7:15 pm

Hi,

I am waiting on a decision from the asylum office for my case after an interview. My husband is a green card holder and since the decision is taking too long, he is going to Petition for Alien Relative. That may take longer as well but we want to give it a try.
1- Do we need to withdraw the asylum application? If so, at what stage of the petition (I-130) do we need to do that? Can we wait until an immigrant visa is available?
2- If my case goes to court before he get to apply for the I-130, do we need to follow other steps to withdraw the asylum case?

Thank you.

Reply

Jason Dzubow May 10, 2017 at 6:36 am

1 – I recommend you do not do that. If the asylum case ends up causing delay, you can withdraw it later, but only if you are sure about getting the GC. 2 – If the case is in court, it gets more complicated and you need a lawyer. In either case, you probably need to leave the US to get your GC, and this can be a problem, especially if your case is in court (if you leave then, you are considered deported and you cannot return). Also, depending on your situation, it may not be possible to leave, get the GC, and return. In short, you should talk to a lawyer before you start this process to make sure you are eligible. An alternative is to wait for him to get US citizenship, and then it is much easier – you can probably get the GC without leaving the US (but maybe not, especially if you entered without a visa, and so you still should talk to a lawyer). Take care, Jason

Reply

kuku May 10, 2017 at 6:13 pm

Hi Jason,

Thank you very much for your comment. I am going to take your advice and talk with a lawyer.
Does this mean adjustment of status doesn’t apply to asylum applicants with a pending application? I entered the U.S. with a student visa.

Best,
Kuku

Reply

Jason Dzubow May 11, 2017 at 6:26 am

It can apply, but it depends on many factors. If you entered legally and are still in valid F-1 status, and your husband’s petition is current, you should be able to adjust status (or if he becomes a US citizen, then you can do it even if you are no longer a student). There are sometimes exceptions to these rules, depending on your situation, so that is why you need to talk to a lawyer who can review the whole case. Take care, Jason

Reply

Richard Douglas May 5, 2017 at 6:16 pm

My first visit to your site, and I was disappointed to read the attacks on Mr. Lloyd because of his faith. Maybe it helps explain why President Trump is signing an executive order on religious freedom today. In any event, the most effective argument to use on whether LGBT people ought to be protected by the Protocol and Refugee Act has nothing to do with one’s personal politics or faith: it’s Auschwitz. The “particular social group” qualification of LGBT people was established in the gas chambers, and I don’t know why Mr. Lloyd would see it any differently. I think Nazi persecution of LGBT is a compelling argument for asylum today and somebody ought to make it to Lloyd in a rational way, if there is any doubt. It’s certainly a more persuasive argument than “No body gives a f**& about you are your damn god religion!”

Reply

Jason Dzubow May 6, 2017 at 10:16 pm

I don’t think that pointing out Mr. Lloyd’s past experience (or lack thereof) and his public statements is an attack on him because of his faith. I am questioning whether he is qualified for the job and whether his past positions may be a red flag for how he will operate the Office of Refugee Resettlement. I think it is perfectly legitimate to examine his background when assessing how he might run the ORR. My own work is an expression of my religious beliefs, as his has been, but now he is moving to a new role that may not be wholly compatible with his past views, and so I am concerned about how he will do. Like I say, I hope he proves me wrong. Take care, Jason

Reply

OLE 1 April 28, 2017 at 5:22 pm

Hi Jason,

I applied for asylum on July /28 /2015 I was shocked to see an interview notice today April 28 for May/10 at VA. Please, what is the current situation at the Arlington VA office, it appears my case is been expedited given the current time schedule released for interview by the office. Please, Acknowledge.

Reply

Jason Dzubow April 30, 2017 at 10:21 am

If you put the case on the short list or requested that it be expedited, that would make sense. Otherwise, maybe there is some reason that the asylum office decided to expedited your case, but I do not know why that would be. Otherwise, the Arlington office is fine. Many of the officers are not so experienced, as they have a high turnover rate, but we have had several good decisions from them in the last few weeks. Take care, Jason

Reply

Prateek April 27, 2017 at 10:09 am

Hi Jason,
Thank you for your response, I have a question. I need to send my EAD renewal application I have application for my wife and 2 sons along with me so do I have to send each separately or altogether?
And I am applying from New York so which address I need to send my application.I look forward your respons.Thanks again Jason.

Prateek.

Reply

Jason Dzubow April 30, 2017 at 6:58 am

For the address, you need to check the instructions of the I-765. You should be able to mail them together, as long as you put a cover page on top indicating that there are 4 separate applications, and maybe staple or paperclip each application separately so they see it. Take care, Jason

Reply

Prateek May 2, 2017 at 8:47 am

Thanks Jason for your great help by providing informations

Reply

Jack May 10, 2017 at 1:35 am

Hi,Jason,
I read your comment is very helpful.
Now my I589 application over 150 days. My case is pending for interview.I need to apply my 1st EAD. My I589 application also contains with my wife. (She lives the USA with me.)Only I have one acknowledgement of receipt.But the i765 filing instructions C8 card apply need a acknowledgement mail.My wife and me had completed the fingerprint.
How my wife to apply for 1st EAD.
If she submit the copy of fingerprint mail is also OK?Pls advise!!
Look forward your response.Thanks very much.

Reply

Jason Dzubow May 11, 2017 at 6:00 am

She can submit a copy of your receipt and a copy of her fingerprint appointment. That should be fine. Take care, Jason

Reply

SaraS April 26, 2017 at 9:43 am

Hi Jason, I had my interview in Chicago office in March 2017 still waiting for decision;
1- Any idea on how long this will take ?
2- Currently I reside in MI & want to move to VA do you think this may delay my decision as it may take more time to run my back ground check etc ?
3- What are your thoughts on traveling to 3rd county to see my sick father, i have applied for I-131 but hesitate as I may not be allowed to re enter the US , do you know any cases where they refused people to reenter especially am a citizen of one of the 7 concerned countries !
Thank you,

Reply

Jason Dzubow April 28, 2017 at 4:53 pm

1 – No, but our cases in Chicago have been relatively fast. In general, cases can take a few days or years. 2 – If you can keep the old address and get mail there, it may avoid some confusion, especially if they ever call you for a second interview. However, if you move, you have to tell them, and they should send your decision to your new address. 3 – Most lawyers including me think it is a bad idea to travel if you are from one of the “banned” countries – if a court order is lifted or changed, you could get stuck overseas. I think the immediate danger of this is probably low (and you can watch the news to see if any decisions are coming), but it does seem risky. On the other hand, he is your father and I understand the need to travel. If you do go, keep the trip short and keep an eye on the news before and during your trip. If there is any sign of a change, come back to the US as soon as you can. Take care, Jason

Reply

Prateek April 18, 2017 at 10:30 am

Hi Jason,
Always Thank you for your great help.
Can you tell me when i need to apply for my EAD Renew as my EAD card is going to expire on August 10,2017 it is on pendeing asylum base. I look forward your help.

Regards
Prateek

Reply

Jason Dzubow April 18, 2017 at 6:03 pm

I advise my clients to file 120 days before the EAD expires. I believe the I-765 website says you can file 180 days before it expires, but that is relatively new. Take care, Jason

Reply

Anonymus April 14, 2017 at 1:29 am

Hi guyz a story i felt like sharing here. Today as i was driving to a friends house a police officer followed me for over 10 mins and after a stop at the lights and i took a right turn, he pulled me over and immediately wen i stopped he asked for my registration and permit. I showed him my countryz permit and told me he wanted proof i havent been in this country for more than 6 months. I showed him my visa copy n he told me i can head on without even telling me if i had committed any offence. Even tho i had my receipt i didnt bother to show him coz basing on stories here sm people have been arrested with receipts so jst becareful people. Smethng was weird on the way i was pulled over

Reply

XY April 14, 2017 at 3:19 am

A few days ago I was also stopped by a police officer, actually I was in hurry and was a lettle over speed. The officer asked me for my rejistration and license. I showed him the license and rejistration and explained the situation, then he let me go whithout any ticket and asked me to drive carefully. Just be nice with them, they difinatly would treat you nicely.
And as much as I researched, the police dont detain people for just being here illigally or those who have pending cases. They rarely detain people who have criminal history and bad records in here, If you dont have any criminal record, just cheers and dont worry.

Reply

Jason Dzubow April 14, 2017 at 6:27 am

Thank you for sharing this. I do think the receipt should provide you some protection since it shows you are legally here. The problem is that most police officers will probably not know what that document is. As to why he pulled you over in the first place, I do not know. Some police departments cooperate with ICE and maybe he saw you and thought you looked “foreign” so he pulled you over to check. If so, this would probably be an illegal stop. What you can do about it, I do not know, and there may have been a legitimate reason for the stop, but I suppose we will never know. Take care, Jason

Reply

alex April 13, 2017 at 1:35 pm

Hi Jason. I have been a b1 visa owner since 1999. Also I had f1 and j1 visas and after Trump issuing visas to people from muslim countries is so hard.

I applied to f1 visa for my wife and got rejected and had to come to USA with b1 visa both me and my wife. I also got a SSN from my j1 visa days.
We are thinking about applying for asylum.I know a person has to apply for asylum in 1 year period. we came usa 1 week ago with my wife.

is my usa b1,f1,j1 visa history prevents me to apply for asylum? does a person need to come USA for the first time in his life to seek for asylum?

Reply

Jason Dzubow April 13, 2017 at 10:12 pm

The previous visas do not prevent you from applying for asylum. If you came to the US and then returned to your country, you will probably need to explain why you did that, and why you now face persecution in that country. In other words, why was it safe for you to go back before, but it is not safe now. Take care, Jason

Reply

Qudratullah Yousufi April 13, 2017 at 11:38 am

Hi Jason,
Recently I was interviewed and got my decision. Immigration officer sent my case to immigration court. I live in New York. How long it will take to for first hearing and it is required to hire a lawyer in this duration?

Thanks
Qudrat

Reply

Allen April 13, 2017 at 2:29 pm

Hey, sorry for your situation. One of my friend was referred to IJ 4 months ago, still didn’t receive notice for the first hearing. People say current waiting times for first hearing is around 6-8 months. By the way, how was your interview? Does your asylum officer seem too young an inexperienced or you couldn’t somehow convince him due to your poor interview performance. An increasing number of people are being referred to immigration court recently..something is wrong.

Reply

MAZ April 13, 2017 at 3:49 pm

Hi, Mr.Yousufi,

Sorry to hear that your case has been referred to court, can you please share your time line as I am waiting for my decision for last 6 months, I was also interviewed after 2 years of waiting at NY, I really appreciate your help and response in this regard as it may ease my stress a little bit. Once again thanks and waiting for your response

Reply

Jason Dzubow April 13, 2017 at 10:10 pm

I do not know how long it will take for the first hearing, as that is very variable and often depends on the specific judge. You are not required to have a lawyer in court, but it is very helpful. I did a posting on that topic on July 7, 2016; maybe that would help. Take care, Jason

Reply

Fahan April 13, 2017 at 9:12 am

HI Jason, i have hired this attorney to file motion to reopen which she did, when i dail my A# it says motion to reopen was recieved and its currently pending , i have paid the attorney all her money in advance , when i try to call she is either on voice mail or doesnt respond. even if try to schedule appointment the front desk girl gives me excuses. i dont know what to do at this point , can i directly call th court clerk to find out about my case? Do i hire another attorney of the same city where my court at ? Note the judge who handles my case is at different city than that of my attorney. Pls i need your oponion , Jason . THANKS

Reply

Jason Dzubow April 13, 2017 at 10:08 pm

I think I responded the last time you posted this. It sounds like the motion is filed and pending, but if you have lost trust in the lawyer, you can certainly hire another lawyer. Depending how much work the first lawyer did, you may be entitled to some refund, but it is often difficult to get that. Also, you can call the court directly. You can find the phone number at right if you follow the link called Immigration Court. Take care, Jason

Reply

Davids April 13, 2017 at 1:41 am

hi Jason
Thanks for the help
can I have physical address different from mailing address ? if so in which case? does someone has to inform USCIS with explanation if the two are different?
Tnx

Reply

Jason Dzubow April 13, 2017 at 10:05 pm

You can – The form I-589, p. 1, as a space for your physical address and your mailing address. Normally, you would not need to explain why, as most people do that because mail at their physical address is not reliable or they expect to move and they want all the mail to go to the mailing address. Take care, Jason

Reply

Luna April 12, 2017 at 9:02 pm

Hi Jason,

Thanks a lot again for your help. I placed my case on the in-call list and I was called for IV after two weeks. I did the IV and the AO told me that they will mail me the decision. I heard that if AO told you that they’ll mail the decision it means that it will be approved as it will take time to do the security check? I also heard that all Syrian cases go to the HQ for review, do you know how long they take to make a decision on Syrian cases?

Thanks a lot, I will keep you and everyone here posted 🙂

Reply

Jason Dzubow April 13, 2017 at 4:31 pm

I have not observed that mail-out decisions are any more or less likely to be granted than picked-up decision, so I think there is no difference. I have not heard that all Syrian cases are sent to HQ. I did a blog post listing the categories of cases that go to HQ on October 20, 2015. Maybe that would help. Take care, Jason

Reply

Mark April 12, 2017 at 6:34 pm

Hi Jason,

I applied for Asylum January 2015, still pending, I checked the bulletin and my case is located in Newark NJ, I have an opportunity to move to Westchester, NY Asylum Office. If I move does my case get interviewed first because they are doing Dec. 14 – January 2015 right now, or I will be interviewed in few months when Newark Asylum office is ready?

Reply

Jason Dzubow April 13, 2017 at 3:27 pm

If you move and your case is moved to a new asylum office, you should be interviewed based on your original filing date. You may have to contact the old and new Asylum Offices to make sure the case was transferred and that you keep your place in the queue. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

Reply

Angela April 12, 2017 at 2:56 pm

Has anyone applied to the Boston office and got an interview date? If so what was the wait time to get the interview?

Thanks!

Reply

Sandra April 12, 2017 at 5:45 pm

I applied in December 2013 and I still haven’t been interviewed. Its so hard sometimes waiting, just waiting and not knowing.

Reply

Davids April 11, 2017 at 9:57 pm

hi Jason
thanks for the big help !
is there a recent change on the duration of the asylum interview in Arlington office?
my friends are telling me that it took minimum of 3 hours and should be interviewed twice
thanks

Reply

Jason Dzubow April 12, 2017 at 3:31 pm

It does seem like the interviews are getting longer, but that is not for all cases (our interview today was less than 2 hours). It may just be because the asylum officers are new and they are trying to be thorough. Take care, Jason

Reply

Ella April 12, 2017 at 3:57 pm

Hi, could you, please, provide the year of the today’s applicant’s petition?

Reply

Jason Dzubow April 13, 2017 at 2:15 pm

It was relatively recent because he is a minor, and those cases are processed faster. Take care, Jason

Reply

Allen April 12, 2017 at 4:49 pm

Unfortunately this is like trend now if we face a newly hired asylum officer. There is a danger with these inexperienced asylum officers- they are being too cautious and even people with very strong cases are being referred to immigration judges. It seems to me that while Trump raised the bar for people seeking asylum in the southern border, his administration also raised the standard (in hidden way) for approving affirmative asylum cases by directing newly hired asylum officers to be too cautious. While old asylum officers seems to be relatively unchanged in terms of their attitude towards asylum seekers, newly hired officers seem to somewhat assume every asylum seeker is fake at the beginning and current administration seems to encouraging this attitude. heard an increasing number of people being referred to immigration judges without a convincing reason.

Reply

Jason Dzubow April 13, 2017 at 3:23 pm

We have heard about some bad referrals, but generally, my experience is that things are not too different under Trump. I do think Asylum Officer morale is pretty low, and that may be affecting how they do the job. Take care, Jason

Reply

Unknown April 25, 2017 at 11:14 pm

I think there is a change in the training of the asylum corps. Let’s not forget that last year all of the asylum officers were going to The refugee division to help out. Jason, you did a blog about this. This means that a lot have been trained on country specific issues and have actually got to know the countries they went to. And talked to each other. It’s not that asylum has become more difficult, it is that the officers are better trained. When was the last time an asylum lawyer went to Iraq? Ask your asylum officer that next time.

Lawandai April 11, 2017 at 9:39 pm

Hi dear Jason,

My asylum case in pending ,i just received a notice from immigration before 5 month ago ,thay told me u can stay here until judge make a decision about your case ,now I bought a ticket and i want to return to my country because i have an emergency issue so i have to return to see my father, what happens if i go with out notify the immigration,what i am doing now ? What is the advantages and disadvantages If i write a letter and send it to immigration to tell them my circumstances before i leave here ?
Yours sincerely

Reply

Jason Dzubow April 12, 2017 at 3:30 pm

If your case is in court and you leave, you will be considered deported and you cannot come back. If your case is with the asylum office, you may be able to come back (if you have a valid visa), but you could be detained upon arrival, or if you get in, you could have your case denied unless you can explain and present evidence about the reason for the return trip. Normally, if you have a case at the asylum office, you need Advance Parole (form I-131, available at http://www.uscis.gov) before you travel, and you cannot travel to your home country without a high risk of having your case denied. Take care, Jason

Reply

Lawandai April 12, 2017 at 5:22 pm

Hi Dear jason,
I have pending asylum case in asylum office ,i dont want to return Here ( I want to give up my case ) ,if i go to my country with out notify the office ,do i become any restriction from the consulate if i apply for visitor visa in future ? I dont have sufficient time to notify office because my reservation flight on saturday , i have to see my father immediately .

Reply

joe marj April 13, 2017 at 10:52 am

it s absurd to me , were you really persecuted when you sent you asylum application , if so what the change made to country you fled that can make u to give up on your case.

Reply

Jason Dzubow April 13, 2017 at 3:25 pm

You can email the asylum office after you leave and ask to withdraw the case. You can find their email if you follow the link at right called Asylum Office Locator. The problem if you do not notify them is that they will refer your case to an Immigration Judge, and then the Judge will order you deported (when you do not appear in court). The deport order will make it much harder for you to return to the US. Therefore, if you can withdraw the asylum case before that happens, it will be easier to return to the US in the future. Take care, Jason

Reply

Kaine April 11, 2017 at 9:02 pm

Hey Jason

I just want to withdraw my asylum application after one year pending file and leave US, does it really nessecerly to let them know that I want to leave or I can leave like anyone else without notice.
Thank so much

Reply

Jason Dzubow April 12, 2017 at 3:27 pm

You can leave, but if you do not tell them, you ultimately will be given a deportation order, and this will make it more difficult to return to the US. If you do not care about returning here, then it may not matter. But if you inform them that you are leaving, maybe you can avoid the deport order, making it a bit easier to return to the US one day, if you want to. Take care, Jason

Reply

Ali April 11, 2017 at 2:11 am

Hi Jason, would like to know the current wait time on asylum based green cards also what percentage of applicants are called or an interview on i485. How soon did your most recent client receive his/her green card. Please advise, Thank-you.

Reply

Dekan April 11, 2017 at 9:41 am

Ali,
Are you from one of the “banned countries”?
Would it be possible to post your timeline?

Thank you!

Reply

Ali April 11, 2017 at 6:37 pm

I am not from the list of banned countries.

Reply

Jason Dzubow April 12, 2017 at 3:14 pm

Most applicants are not interviewed, but some are. The wait time is not predictable. Typically, at least in my part of the country, it is 6 to 8 months, but there are many exceptions, and sometimes cases face long delays if there are issues that USCIS is concerned about. Take care, Jason

Reply

Nabiel April 10, 2017 at 7:53 pm

How you doing Jason,
Thank you for this great updates.
I applied for asylum on 2015 and moved my family to a third country. This third country asked money for residency(30,000$) so I intend to return my family to my home country.
I wrote an expedite for the interview. The reason for the expedite was that my family is in dangerous in my home country. The interview came and my family still in this third country and the officer asked me why you tell us that your family is in your home country. I told her that because this country ask us to leave and my family has to leave.
Is this consider as miscommunication or lie?
Is this question raised again during the court in-spite I change my family residency to this third country in the updated I-589?

I appreciate your advice.
Regards

Reply

Jason Dzubow April 12, 2017 at 3:10 pm

If your case is now in court, you can submit evidence about what happened, so that it is clear. If issues like this are cleared up, it can make it more likely your case will be approved in court. Hopefully, you will have a lawyer in court to help you, and you can tell the lawyer about this (and any other issues in the case or at the asylum interview) and then you can address the problems. Take care, Jason

Reply

Asylee April 10, 2017 at 11:37 am

Hey Jason

How are you doing?.
Am trying to apply for EAD for myself,wife and two kids.
My question is ,will it be advisable to apply for the EAD together(In one parcel) or separately.

Thanks

Reply

Jason Dzubow April 12, 2017 at 1:40 pm

It should be ok to send everything together, as long as you clearly separate each packet and maybe put a paper on top stating that these are applications for several different people in the same family. Take care, Jason

Reply

Nick April 10, 2017 at 10:34 am

Hi Jason
I have a question one of my friend he applied for the asylum in June 2016 from NY.In Jan 29/2017 he applied for the initial EAD exact after 6 months of wait but its like almost 2 months he didn’t even get his receipt of EAD stating that ur EAD application has been received and in process etc.His lawyer said v sent it on same day.wat do u think May b the EAD office didn’t receive the application or may be they received it but making it late ?? He is really depressed wat do u think wats happening??

Reply

Jason Dzubow April 12, 2017 at 1:39 pm

Two months is a bit long. Was it sent by certified mail? Can he verify that it was received? Was it mailed to the correct address? If he does not have anything, maybe he wants to call USCIS to see whether they received it. The phone number is at http://www.uscis.gov. If it is not received, maybe he should talk to the lawyer about re-filing. Take care, Jason

Reply

arman April 9, 2017 at 7:46 pm

Hi,
I was a student and I received my SSN. Then I applied for asylum and I now received my initial EAD. Should I apply for a new SSN? or should I contact them?. Because I think the SSN of students have some limits. Am I right?

thanks.

Reply

Zac April 9, 2017 at 9:14 pm

No, You do not have to, the only time you go to SSN to change your SSN is when you get your citizenship or Green-card ( not sure which one) where I think you will get new one without ( Valid only with DHS authorization), I hope this help

Reply

arman April 10, 2017 at 7:47 am

thanks.

Reply

Jason Dzubow April 12, 2017 at 1:25 pm

You should not need a new SS number. However, maybe you should contact the SS office just to be sure that you do not need a new card, as I am not sure whether you need a new card or not. Take care, Jason

Reply

Susan April 9, 2017 at 1:00 pm

I have a pending asylum case. If I apply for an advance parole because my current job requires me to travel to field offices. My question is – is it safe to travel outside and will my EAD remain valid if I go outside US because in EAD it clearly states “NOT VALID FOR REENTRY TO U.S” Thanks!

Reply

Jason Dzubow April 10, 2017 at 3:31 pm

Some EADs allow people to travel – yours does not. You need a separate Advance Parole document (apply using form I-131, available at http://www.sucks.gov). At this time, it is safe to travel, but that could change, depending on various court decisions or what the president does. If you are not from a “banned” country, you are probably ok, but you may want to check with a lawyer or at least check the news, before you travel. Take care, Jason

Reply

XY April 9, 2017 at 3:10 am

Hi everyone
I am waiting to get my interview reschedule notice, unfortunatly I could not make it to the first interview notice date.
I am 26, from Afghanistan and my asylum claim is not based on any story, I have clear-cut evidence; threat letter-online in my name by Taliban, government working background – first line Taliban-terrorist groups targets, Media volunteer working background certificate, Many published online articles critisizing Taliban and other terrorist groups, Many photoes showing me speaking in Think tanks and other political events, Family history working with US-gov in Afghanistan-now in US; legally settled… and some other indirect factors like State Dep reports which could better fullfill my fear-to-return objective elements and much.
My attorney did a poor job helping me bcz of lack of experience, but I tried to organize my case using Asylumist blog and other sources by my own, left little to nothing for my attorney.
After I gone to my attorney office last month to prepare for the interview and realizing that I made a mistake in choosing attorney, I researched a lot on asylum ground in US to know better about asylum that could help me in better presenting my case. I have no-money at the time and no time to work with a new attorney. I had paid for my attorney before working to prepare for the interview. Money is not a big deal, I would have managed some for a new attorney but the time does not coporate.
You know what now, doing a lot of research made me depressed. Read a lot of court hearings, BIA decisions, all I found in internet was negative stuff; asylum rejection stories, deportations, fraud stories that the applicant is treated unfairly in defending or working to find out the truth, etc
Although, none of the above negative stuff apply to my asylum case, but still I can not stop negative thoughts, like would USCIS, IJ and others would care about my case, if something goes wrong?!
I did wait more than two years for this day to be interviewed and I never was much worried and the past two years waiting period passed very well. I went to college during this waiting period, maintained a high GPA and I am going to graduate next semester, but since I started unneccessory research about immigration, I can not even concentrate on my studies.
I wrote all this not to add negativity to the asylum land but to say that it really is hard to suffer for any reason to seek a shelter and a new identity to live for. It is no less than turture. 🙁
Tnx

Reply

Haweken April 9, 2017 at 4:56 am

XY, Very true indeed. I hope you will have your interview before or by the time you graduate. Otherwise, things might get worse for you, as are for me. I don’t have anywhere to go, I left my country illegally escaping the tight border control knowing that I will never be back till the current system changes. I can’t work here for the simple reason that my profession requires citizenship or permanent residence. So being an honored MSc graduate, I am working with high school graduates with minimum wage. Totally disappointing and directionless life!! I wish I kept my F-1 status. Try to keep in status and search another option as a backup.
But if there a small flame(light) in a dark house, it lit the whole house. If you find water in Oasis, your thirsty goes off. If you read Jason’s blog your fear and hopeless goes off. They are energy drink!! Thanks Jason.

Reply

XY April 10, 2017 at 1:33 pm

Thank u for the encouraging words. Wish u, myself and all others best of luck.

Reply

Jason Dzubow April 10, 2017 at 3:16 pm

It is often helpful to maintain status, as that gives you more options, but hopefully, the wait will not be too much longer (and there is good reason to believe that the asylum office will get faster – the number of people entering the US and seeking asylum is way down, so asylum officers are not being diverted to cover those cases, and many/all refugee officers have been recalled to the US to work on asylum cases, so we might see things moving more quickly soon, we hope). Also, at least in my experience, well-educated people who speak good English usually have a better chance to win their cases. Take care, Jason

Reply

Haweken April 10, 2017 at 6:04 pm

Thanks Jason for comforting us with positive hope in addition to providing valuable information.

Reply

Thomas April 11, 2017 at 2:48 am

That is very true. My asylum officer told me “you’re a well-spoken young man” with a wink. The interview was very smooth because we both understood each other very well. It took her less than 15 days to issue my asylum approval.

Reply

Jason Dzubow April 10, 2017 at 3:12 pm

I think you should try to remain positive. For example, we just had two cases today in court and both were granted (Ethiopia and Burundi). Also, we have done many cases from Afghanistan, and probably over 95% of them are granted. Your case sounds very strong, and so I think the likelihood of a grant is very high (though remember that there are often delays after the interview with Afghan cases). My guess is that ultimately, you will be successful (as most applicants are), but the waiting time is a real burden and the missed interview of course is very frustrating. Hang in there, though, and I think you will end up with a good result. Take care, Jason

Reply

XY April 10, 2017 at 6:11 pm

Thank you, Janson
God bless you!

Reply

J.D. April 8, 2017 at 6:06 pm

I think Trump said that religious minorities will be prioritized for grants of asylum. This could be related to that. I really hope they don’t get rid of asylees based on membership of a social group, such as LGBTs, FGM survivors, etc. Remember that Trump flip-flops so often, especially on social issues and immigration, that I think he could very well be the most pro-immigrant president ever.

Reply

Jason Dzubow April 10, 2017 at 2:59 pm

There is no indication that they will get rid of asylum based on social group, and I think the president would not have the power to do that without the cooperation of Congress, so I think it is not so likely. Whether Trump ends up being pro-immigrant, we will see. I doubt it, but since he is so unpredictable, you never know. Take care, Jason

Reply

AlexH April 8, 2017 at 12:37 pm

Hi, Jason,
I filed my asylum case in Seattle in July, 2014 and has been pending, no interview whatsoever till now. I am single female, 26 years old, and also I am the only child in my family, and I have been away from my parents since I was in early 20s. My parents has been suffering a lot due to my absence. I haven’t seen them for more than 3 years. My dad especially situation is getting worse and he started to have anxiety and depression. I worry about him so much, I know this is going to be a long long way to go but clearly he is not prepared for that, even his health is going down. I was wondering, is this a legit reason to expedite case? I understand there are children separate with their asylum seeking parents who need expediting more. But it pains me to see my dad like that, he aged so much in this 4 years, more than he did in 10 years.
Please give me some advice, it brings tears to my eyes.
Than kyou Jason

Reply

Jason Dzubow April 10, 2017 at 2:55 pm

You can gather evidence of this problem and ask to expedite. I do not know whether it will work, but certainly you can try. Also, you could get Advance Parole (form I-131, available at http://www.uscis.gov) and then travel to meet him in a third country. Take care, Jason

Reply

AlexH April 10, 2017 at 6:50 pm

Thank you Jason, I will contact my lawyer to see if we can expedite this case. Thank you!

Reply

go April 8, 2017 at 3:05 am

Hi jason i had pending asylum case since 3/2013 in Chicago office and yesterday I went to the office to ask about my case and they answered me very weird answer. They said that my case just came to the office on 3/21/2017 and the supervisor needs to review the case before gives you a decision and wait the decision within 4 to 8 weeks and when I asked her where was my file all this time she said we requested from different place but she did not specify the place please what is that mean?

Reply

Jason Dzubow April 10, 2017 at 2:47 pm

Maybe the file was at headquarters for review, or if you had another application pending, maybe it was at a different USCIS office. It sounds like you should (hopefully) have a decision soon, so hopefully it will be a good one. Good luck, Jason

Reply

Merih G. April 7, 2017 at 11:25 pm

Hello Jason,

Currently, I’m leaving in Washington D.C. and I’m thinking to move to California and my case at this time is asylum pending.
what at the pros and cons to my case if I moved to California at this time.

Reply

Jason Dzubow April 9, 2017 at 8:22 am

I did a post on February 25, 2016 that might be helpful on this point. Take care, Jason

Reply

Karl April 7, 2017 at 4:46 pm

Greetings Jason,

Thanks a lot for your wonderful work and sharing your knowledge to us. I would appreciate your response.

Given the current arrests of people who overstayed their visas, how likely is it for asylum applicants to be arrested while travelling on air within the US. I would greatly appreciate your help as I have a friend who applied for the initial EAD and waiting for it but would want to fly to a different city for a meeting.

Thanks
Karl

Reply

Jason Dzubow April 7, 2017 at 5:08 pm

I have not heard any confirmed cases of asylum seekers being detained during flights. However, I have heard some rumors about that. I do not know if there were other issues (criminal arrests, prior immigration violations, suspicion of criminal or terrorist activity). I am not currently telling my clients that it is dangerous to fly domestically, and I think it is probably safe. As time goes on, if we hear more examples of people being detained, then of course, I will advise my clients differently. But for now, I think it should be safe. If an asylum seeker is detained, he can continue to pursue his case, but from detention (assuming he cannot get released on bond) and with a judge instead of an asylum officer. Take care, Jason

Reply

Zac April 9, 2017 at 9:41 pm

Hi Jason hope you are having a nice weekend,I am hearing about this too, and its scary, and I remembered I mentioned in this thread that in my state Michigan they starting to place everyone which there case has been referred to the court under ISAP (Intensive supervision appearance program) which an alternative to detention program, and some of this supervision programs are very harsh like ankle monitor “tether”, and I hope this will not lead to detention in the future, because as asylum seeker we all escaping from our mother countries because of the persecution and we come here looking for safety and freedom and no one wont to end up behind the bar while fighting for his safety and future, in this case you feel you have been persecuted twice, take care Jason

Reply

Jason Dzubow April 12, 2017 at 1:29 pm

We have not seen people seeking asylum who are subject to more intensive supervision, but that is a possibility. I also hope it does not happen, but we shall see. Take care, Jason

Reply

Asylee April 7, 2017 at 3:40 pm

Can we change asylee green card to standard green card ? If yes, can you tell the circumstances?

Reply

Jason Dzubow April 7, 2017 at 5:04 pm

I do not think so. Once you have a GC, I do not think you can replace it with a different GC. But I am not sure. Take care, Jason

Reply

HA April 10, 2017 at 1:33 am

Is there a difference between green card earned by asylum CA green card earned some how else?

Reply

Jason Dzubow April 12, 2017 at 1:35 pm

If you have a GC from asylum, you should not return to your country of feared persecution or you risk losing your status. If you have a GC from something else, returning to your home country should not be a problem. Take care, Jason

Reply

Erika April 7, 2017 at 3:33 pm

Hello Jason,
I send all documents for asylum back in January still waiting for the fingerprint notice. My questions are. My son is a daca recipient and he wants to go back to my country . Will this be an issue to travel to my country ? My son with my husband are under my case meaning I’m the one applying for asylum. Can he apply for advance parole through daca or is better to do it under asylum or is the same not sure. My husband has one DWI back 2004 will he be able to apply and receive the EAD or the dwi will be an issue to apply for EAD ? If husband travel when he come back the DWI will be an issue and last questions is I’m a Christian and I belong to a church that are involve in missions in various countries if I apply for advance parole can I travel to the countries to do missions with my church . Will this be safe or is better to just wait to receive the approve asylum? The advance parole is just for one time travel or several entries or countries?Thanks a lot. FYI I’m living here with no status for 15 years now and recently I apply for asylum .

Reply

Jason Dzubow April 7, 2017 at 5:03 pm

For your family members’ travel, they should talk to a lawyer about their specific situation before they go. You should be able to travel with AP, and you can get multiple entry AP. However, it is not a great idea to travel while your asylum case is pending (especially if you are from a “banned” country), so maybe talk to a lawyer before you do that, just to be safe. Also, if your family members return to your country, it could affect your asylum case, though how it affects depends on your case (if your case is that your whole family is in danger, and a family member returns, it will not be good for your case). At a minimum, the asylum office could ask you to explain why your family member returned to a country where you fear harm. Take care, Jason

Reply

Nano April 7, 2017 at 10:07 am

Hello Jason, thanks for your information. Is so important to know this details. about the new administration. Because at the final they have the last word to considered real facts. For example, reading the causes of veto of asylum one is beeing for a long time outside US. This is my question,
This mean be outside US before claim asylum? or after? What the administration consider long time?
Thanks So much again.

Reply

Jason Dzubow April 7, 2017 at 2:34 pm

I do not understand the question – being outside the US is not a reason to deny an asylum case. Maybe you can clarify your question. Take care, Jason

Reply

Nano April 8, 2017 at 12:12 pm

I mean Bars from a Grant of Asylum, one is “Have been firmly resettled in another country before arriving in the United States” . How long consider the administration?

Reply

Jason Dzubow April 10, 2017 at 2:53 pm

If you have been “firmly resettled” in a third country, you are barred from asylum. The analysis to determine whether you have been firmly resettled is a bit tricky, so you might want to have a lawyer review the specifics of your case. In general, if a third country has offered you some type of permanent status to live in that country, you may be firmly resettled. Take care, Jason

Reply

Nick April 7, 2017 at 4:46 am

Hi
I hope u r doing well.Nd u r a big hope for all of us.I have a question one of my friend applied for an EAD in Jan2017 initial time but still it’s 2 month after applying he didn’t get his reciept on which it is stated that ur case number is this v have received ur case nd it’s in process etc he is still waiting for the letter he don’t know they received it or not wat do u think wat can he do know ?? May be the EAD office is taking long ?? Or may be they didn’t received Yet ?? Nd on the other side his lawyer said v sent ur application of EAD in Jan now it’s late from the other side …

Reply

Jason Dzubow April 7, 2017 at 10:22 am

If he has not received even a receipt for the asylum, something is wrong. Try emailing or calling or going in person to the local asylum office to ask about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you can try to get a copy of the filed application by filing a form G-639, available at http://www.uscis.gov, but this will take several months. If you cannot get an answer from the local office, you may want to re-file the asylum case. Make sure that you have the correct filing address (which varies depending on where in the US you live). The concern is that you will miss the one-year filing deadline for asylum. If he has a lawyer, the lawyer should be looking into this. As for the work permit, you have to wait 5 months after filing the application to apply for that. Take care, Jason

Reply

Ali April 8, 2017 at 9:51 pm

I think there is a problem. Because I got my receipt six days later. And My application is approved 24 days later. So It took only a month to approve my EAD.

Reply

Rohit April 7, 2017 at 12:41 am

hello Jason,
Im from Nepal, I had interview last year and was denied. Now Im in TPS status. Here im wondering if I apply travel document and visit my home country or third country, I will be able to re enter US or will have problem. I have heard now having problem to re enter.
Thank You.

Reply

Jason Dzubow April 7, 2017 at 10:20 am

I have not heard about people with TPS and Advance Parole having problems to re-enter the US, but I do not do a lot of TPS cases, so you may want to check with a lawyer who does more of those cases. Take care, Jason

Reply

Rohit April 8, 2017 at 12:18 am

Thank you appreciated.

Reply

Wali Jan April 6, 2017 at 7:23 pm

Ho. Today was my Asylum intervew.i took an interprinter with me.But Asylum officer was not satisfied with him Translation. He gave me next date for Asylum interview and asked to Bring a good interprinter. Asylum officer told that after it we will give you other chance. My question is: if second time if my interprinter can not satisfy to Asylum officer then what can happen?

Reply

Jason Dzubow April 7, 2017 at 6:45 am

I do not know, but they could send your case to court. You need to find a good interpreter – it is very important for your case. Take care, Jason

Reply

Allen April 7, 2017 at 9:04 pm

sili kanqilik saklidingla?

Reply

Della April 6, 2017 at 5:11 pm

I think it is fair to question if Mr. Lloyd is qualified to head the Office of Refugee Resettlement. To criticize him for his dedication to Christian causes seems like an attack on him because he upholds his Christian views which are at odds with the mainstream US culture. Interesting enough, the Christian worldview promotes the dignity of all persons, from womb to tomb. Especially those who are the most vulnerable, like the unborn, medically vulnerable and refugees.

Reply

Jason Dzubow April 7, 2017 at 6:40 am

I am more concerned with his lack of experience than with his focus on certain Christian issues – for example, Catholic Charities represents LGBT people fleeing persecution. They do not condone the sexual orientation, but they also oppose persecution of gay people. My concern, though, is that he has had such a strong focus on Christian issues that I worry he may have trouble representing the broader refugee community. Maybe not, and certainly he could prove me wrong on this, but I think it is fair to raise the point, given his background and his limited experience with refugees. Take care, Jason

Reply

Joker April 17, 2017 at 2:07 pm

Given that the vast majority of refugees are religious individuals, would you have raised the same point if another administration had appointed a pro-choice advocate who worked for Planned Parenthood for most of their career and believed that religion had no place in American public life?

Would an individual who had, in the same capacity, worked on “Muslim issues” or “Jewish issues” be more or less qualified?

Reply

Jason Dzubow April 17, 2017 at 6:34 pm

I think that would be a fair question for anyone whose career has had a narrow focus, particularly where that focus did not have much to do with refugees. It’s also not simply that Mr. Lloyd worked on “Christian issues,” it is that some of those issues seem to be diametrically opposed to the (self-perceived) well-being of certain refugees he is now expected to serve (LGBT individuals). Of course, just because he opposes gay rights or gay marriage does not mean that he will not advocate strongly for LGBT refugees (as the Catholic Church does through Catholic Charities), but it is reasonable to raise this concern. And again, my bigger concern is his seeming lack of experience with refugees and running organizations. I do hope he rises to the occasion. We will see. Take care, Jason

Reply

Shawn April 7, 2017 at 9:20 am

Not that I need to address your concern since Jason adequately responded to you. I am tired of you so-called Christians telling people how to live their lives when your lives are morally bankrupt. I have never met anyone- Christian, atheist, agnostic, secularist, etc.- who lives according to the Bible. One thing I find very hard to come to terms with is the fact that the Bible espouses stoning a woman to death if she has sex before she is married. If we should take the Bible literally, then all of us should be killed or stoned to death. But, since none of us is virtuous, it means all us would die leaving only lower animals on the earth. Apart from the fact that religion should be something personal and definitely separated from the state, you Christians need to stop cherry-picking Biblical verses to demonize and vilify other people. No body gives a f**& about you are your damn god religion!

Reply

didi April 8, 2017 at 10:13 am

Kindly give me the Bible verse that says women should be stoned to death if they hav sex before marriage

Reply

Thomas April 6, 2017 at 3:11 pm

You lost me at “campaigns across the U.S. against gay marriage.” To hell with him then.

Reply

Jason Dzubow April 28, 2017 at 4:39 pm

In my experience, the asylum officers’ country training is only so helpful. The main issue I have seen with certain denials is that the officers are not evaluating credibility and nexus as they should, so you will see denials based on the most tenuous credibility issues, or they will find no nexus where the nexus is clear (at least is seems clear to me). Of course, in such cases, I do not have the whole story, but those referrals that I am thinking of have been granted by IJs, at least so far. What I really think is happening is that the officers are relying on their gut feeling, rather than an more objective evaluation of the facts and the law. For the most part though, the decisions are the same as before – mostly good (i.e., legally correct) even if we do not always win. At least that is how I am seeing it these days. Take care, Jason

Reply

Leave a Comment

{ 1 trackback }

Previous post:

Next post: