The New Travel Ban, Asylum Seekers, and I-730 Petitions

As you might have heard, the White House recently issued a new travel ban (official known as the Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats), and this one looks more likely to survive a court challenge than previous bans. This time around, the “banned” countries are Chad, Iran, Libya, North Korea, Somalia, Syria, Yemen, and certain government officials from Venezuela.

Moose limb ban.

Here I want to look at how the ban will impact asylum seekers, asylees (people who already have asylum), and I-730 petitions, which are petitions filed by asylees to bring their relatives (spouse and minor, unmarried children) to the United States. One caveat: Even though the latest travel ban seems more well-crafted than prior iterations, it likely will still be subject to court challenges, and it will have to be interpreted and implemented by various government agencies, so how individuals will actually be affected is not yet entirely clear. With that out of the way, here’s how things look now:

Asylum Seekers

The short answer here is that asylum seekers who are already in the U.S. should not be affected by the new ban. Section 6(e) provides–

Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture, consistent with the laws of the United States.

Also, it appears that asylum seekers who want to travel while their cases are pending, using Advance Parole, should be able to do so. Section 3(b) states–

The suspension of entry pursuant to section 2 of this proclamation shall not apply to…  any foreign national who has a document other than a visa — such as a transportation letter, an appropriate boarding foil, or an advance parole document — valid on the applicable effective date under section 7 of this proclamation [all bars will be in effect by October 18, 2017] or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission.

The original travel ban (from January 2017) was intended to impact asylum seekers. Basically, USCIS was directed to adjudicate their cases up until the decision, but to hold the decision until the ban was lifted. That never actually went into effect. This new ban, which is more carefully tailored, does not seem to impose any restrictions or limitations on the asylum process or on asylum seekers, and so we can expect that such cases will proceed as before.

Asylees

People who have been granted asylum are asylees. I see nothing in the proclamation that would inhibit asylees’ rights in the U.S. They should be able to work, travel (using an appropriate travel document), and eventually get their green card and their U.S. citizenship as before.

I-730 Petitions

When a person is granted asylum, she can file to bring her spouse and minor, unmarried children to the United States using a form I-730. Whether people from the banned countries will still be able to bring their “following to join” family members here may be problematic, at least as I read the President’s order. Section 3(a) states–

[S]uspensions of and limitations on entry… shall apply only to foreign nationals of the designated countries who: (i) are outside the United States on the applicable effective date under section 7 of this proclamation; (ii) do not have a valid visa on the applicable effective date under section 7 of this proclamation; and (iii) do not qualify for a visa or other valid travel document under section 6(d) of this proclamation [certain individuals whose visas were marked revoked or canceled by the first travel ban].

Basically, this means that people outside the U.S. from a “banned” country cannot get a visa to come here. There are some exceptions to this rule in section 3(b), but none of them seem to apply to I-730 beneficiaries. The closest I can see to an exception for following-to-join asylees appears in section 3(b)(vi)–

The suspension of entry pursuant to section 2 of this proclamation shall not apply to… any foreign national who has been granted asylum by the United States; any refugee who has already been admitted to the United States; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

Perhaps I-730 beneficiaries can argue that they fall within this exception, but frankly, I don’t see it. If these beneficiaries do not meet an exception, they can apply for a waiver to allow them to join their asylee relative in the U.S., even though they are banned from coming here. The waiver process, discussed in section 6(c), seems complex, but the short answer is that waivers are granted in the discretion of the consular officer or other government official and are issued on a case-by-case basis. Further–

A waiver may be granted only if a foreign national demonstrates to the consular officer’s or CBP official’s satisfaction that: (A) denying entry would cause the foreign national undue hardship; (B) entry would not pose a threat to the national security or public safety of the United States; and (C) entry would be in the national interest.

The proclamation gives some examples of when a waiver might be appropriate, including where the “foreign national has previously established significant contacts with the United States” or where “the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship.” None of the examples specifically refers to asylees or I-730 beneficiaries, and so there is an open question about whether such people are able to join their asylee family members in the United States.

We will have to see how the Trump Administration implements the ban with regards to I-730s. Hopefully, such people will be allowed to join their family members in the U.S. If not, you can bet that the matter will be litigated in court, and I imagine that the asylees would have a strong case. The United States has ratified the Protocol on the Status of Refugees, and so that treaty has the force and effect of law. The Protocol (and the Refugee Convention that is incorporated into the Protocol) essentially commits treaty countries to ensure family unity for refugees. See also INA 208(b). A Presidential proclamation cannot nullify this law, and so any attempt by the Trump Administration to block following-to-join relatives will likely not succeed, though of course the Administration can throw obstacles in the way of such people and cause plenty of hardship, stress, and uncertainty for this already-vulnerable group of individuals.

So there you have it. Again, we will have to wait to see how the new ban is implemented and whether it will be affected by litigation. Hopefully, my concerns about I-730 beneficiaries will not come to pass, and asylum seekers, asylees, and their family members will not be harmed by the latest travel ban.

UPDATE – October 9, 2017 – The U.S. State Department has issued guidance indicating that I-730 beneficiaries will not be affected by the new proclamation, and so following-to-join beneficiaries will still be able to join their asylee family members in the United States. Thank you to “Jabi” for letting us know about the good news.

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344 comments

  1. Hi Jason, please, urgently advice on the intricacies of the travel ban matter! I am a green card holder and I have a relative whom I CAN NOT sponsor at the moment. My relative has a current US travel visa (B1/B2). My relative is also a selectee for DV-2020 lottery. Looks like current administration will add my country to a travel ban list this coming Monday. My relative hasn’t had an interview in the US Consulate relating to DV lottery. Considering the possibility of my relative becoming subject to the ban next week (and yes I know there are waivers available) can my relative travel to the US (before ban is announced) and do adjustment of status processing (after ban is announced)? Since visa numbers will only become available in February the application will be filed in February, i e by then my country will have been added to the travel ban list.

    1. Can my relative receive green card with adjustment of status?
    2. Will my relative be subject to travel ban (adjustment of status or consular processing) if my relative obtains a citizenship from another country not subject to travel ban?

    Thank you so much, Jason!

    Reply
    • I am not sure, but typically, when a person enters the US, he can adjust status as long as he is still in lawful status here. There are exceptions and it may depend on the case, and so I recommend you talk to a lawyer to evaluate the specifics of the case. Take care, Jason

      Reply
      • Also Jason, can I delay my travelling to the USA for a 2 to 3 months since the VISA will be valid for 6 months? Or will it be a problem entering?

        Reply
        • As long as the visa is valid, you should be fine. Take care, Jason

          Reply
          • Someone said that the medical report is only valid for 2 month’s and if it expires I won’t be allow to enter

          • If I remember correctly, the medical exam is valid for 2 months, but if you submit it to the embassy in the 2-month period, it remains valid until the case is resolved. So you just have to get the medical exam done shortly before your embassy appointment and there should be no problem. Take care, Jason

  2. Helo sir! Sir i have been 9 months applied my family l730 form in taxas center but they don’t gave me any response answer.. how long will it take.
    2. And i had been approved my case since 1 year. Can i apply my green card wouldn’t be any issue of my family case l730 because i dont recived my family l730 approvel letter.

    Reply
    • 1 – According to http://www.uscis.gov, the processing time is (I think) 17.5 to 22.5 months, so you may still have some time to wait. 2 – If you get a GC, it has no effect on the I-730 case. But if you become a US citizen and your family members still have asylum status (and do not yet have their green cards), it could cause them to lose their asylum status (there is a process to fix this, but it is annoying). Take care, Jason

      Reply
      • Helo sir! Sir what wrong with l-730 schedule i mean schedule is going back every 2 month what’s problem is that why they’re going back every month

        Reply
        • I do not specifically know, but everything is slow, and overall wait times for the I-730 are much slower today than the were a few years ago. I suppose it is part of the general effort to keep all immigrants – and especially asylum seekers – out of the US. Nevertheless, people are still coming, though more slowly than before. Take care, Jason

          Reply
  3. Hi Jason,
    First of all thanks a lot for your blog. Jason, my husband is having the same problem as that of FEMI here. His V95 was mistakenly sent to Guinea-Conakry instead of a second country where he lives and should have been sent.please help us in anyway you could for them to speed up our process. The same was said to my husband from the embassy in Guinea- Conakry which is over 2 months now that ( “These sometimes take months, even years, to schedule.” and that they have made arrangement to transfer the case to the second country, but it’s almost 3 months now with no clue or whereabout of my husband’s case.Jason if you would like me to give you a full detail of the case please let me know.
    Many thanks once more

    Reply
    • At least it sounds like they are moving in the right direction. You can follow up with an email to the embassy in Guinea and to the embassy where the case is supposed to go. Also, you can try contacting your representative in Congress for help – there are links at the right to the House and Senate. If it is taking too long, you might also consider a mandamus lawsuit where you sue the government to make them do their job. I am not sure whether that would work in this context, but you can talk to a lawyer about the option. Take care, Jason

      Reply
  4. Hi Jason,
    Can you explain me about travel ban?? Is that effect I-130 cases as well.
    My husband is in Iran and I’m a green card holder.
    I applied for him with I-130. I want to know is that make any problem for him in future???
    Thank you

    Reply
    • If he is Iranian and has no other passport, I think he is not allowed to come here. It is possible to apply for an exemption, but those are rarely granted. Talk to a lawyer to evaluate the possibilities. If he has another citizenship, maybe he can come here. If this is an I-730 (as opposed to an I-130), he should be able to come here (I-730 is for spouses and children of people granted asylum). Take care, Jason

      Reply
      • Thanks a lot.

        Reply
  5. Hi Jason,
    I contacted the embassy and they said this
    ” These sometimes take months, even years, to schedule.”
    Does this mean the interview, the transfer of case,
    or something else.
    Please advice. Thanks

    Reply
    • I do not know, but I would assume they are referring to scheduling the interview. I would try to keep following up with them and – if necessary – with USCIS. Maybe a Congress person can assist? It is very frustrating that they do not simply do their job. Take care, Jason

      Reply
      • Does scheduling an interview take that long?

        Reply
        • We have not seen the initial interview take that long – usually a couple months – but we have seen delays after the interview. It is a real problem, and you can follow up with them and with the Congressional rep. These things do seem to get worked out, but the time can be long. Take care, Jason

          Reply
      • Hi Jason,
        1) Please, after receiving my VISA from the embassy as an asylee- follow to join, will it it affect my entry to the USA if I travel through a neighbouring country? That is I’m a Brazilian but decided to fly to Mexico first to see my aunt for a week then fly to join my family in the USA.
        2) Also, how long will it take me to receive my green as a follow to – join asylee after I have arrived in the USA and can I travel out of the country before that?

        Reply
        • 1 – As long as you enter during the period that your visa is valid, this should not have any effect. 2 – Once you have been physically present in the US for a year, you can apply for a GC. Meaning, if you leave for 2 weeks, you cannot file for the GC until one year and 2 weeks after your initial arrival as an asylee. The GC process can take anywhere from 6 months to 2 years; it is not very predictable. Take care, Jason

          Reply
          • After entering as an asylee-follow to join and staying for about 3 months, can I travel to my country and come back,since the GC gonna take nearly 2 years and I have business to attend to back home

          • You would need a Refugee Travel Document to re-enter the US (form I-131, available at http://www.uscis.gov). Also, depending on the case, returning to the home country can create problems (for example, if the principal applicant said that the entire family was in danger, then when the dependent returns home, it might cause USCIS to think the principal had lied). If you are worried, talk to a lawyer before you travel. Take care, Jason

  6. Hi Jason,
    Thanks In advance. A quick inquiry. My i_730 was approved but was mistakenly sent by NVC to Nigeria instead of Niger.They contacted from Nigeria that they received my v92 and if I’d like to be interviewed there, but I told them I live in Niger and would like to be interviewed here.
    The US embassy in Nigeria promised to transfer my case in Niger,and the US embassy there will contact me, but it has been over a month now and non of them has contacted me yet.
    Is it normal like this? What should I do ?

    Reply
    • It is not normal, and so I do not know how long it will take to transfer a case from one country to the other. I think all you can do is to keep following up with both embassies. Maybe your relative in the US can contact their Congress person and see whether they can help too. Mistakes like this usually get worked out, but I do not know about the time frame. Take care, Jason

      Reply
      • Jason,
        I contacted the embassy in Nigeria and they said this

        ” This could be a while before you hear from them, usually these take several months to begin processing.” And when I contacted them for second time they said this

        ” we don’t have a time frame for your appointment yet”
        Whet does it imply ? I’m really confuse.

        Thanks

        Reply
        • I guess it means they will not be moving very fast. I am not sure what you can do, aside from following up every month or so and maybe contacting your Congress person. I suspect that this will be worked out, but the time frame is not predictable. Take care, Jason

          Reply
          • Hi Jason,
            Thanks again. Please, I saw this message on my case at NVC, what does it implies? Quote

            ” Your case is ready for your interview when scheduled at the U.S. Consular section. If you have already scheduled an appointment for an interview, please prepare your documents as directed in your appointment letter and appear at the consulate on the appointed date and time. Otherwise, please wait until you have been notified of your interview appointment. Additional information about how Immigrant Visa interview appointments are scheduled can be found at: at……

          • It sounds like an appointment should be scheduled soon. I am not sure how long that takes; maybe a week or two (but maybe it is slower given that it is almost Thanksgiving). Take care, Jason

          • Hi Jason
            For how long a time am I going to be notify or prepare before the interview?

            Again, in case, can I postpone or delay an interview?
            Thanks

          • Normally, they give you 2 or 3 weeks notice; sometimes longer. You can ask to postpone, but if you are still waiting for your work permit, postponing the interview will stop the asylum clock. The clock should re-start when you appear for your interview, but sometimes there are problems with that. Any postponement is usually only a week or two – they do not postpone for long periods of time. Take care, Jason

          • Jason,
            Talking a about my case is ready by NVC and postponing of the interview by me. I am a beneficiary out of the country USA.
            Also, how long a time do they take to notify for the interview?
            Thanks

          • It depends on the embassy – it can be a month or two or several months. Take care, Jason

  7. Dear Jason,
    My husband’s I 730 form was approved by USCIS and it is now in the NVC. I have a question. Is there a chance that the Embassy in my country can deny my visa after the USCIS approved it? The problem is that when I was a child my father also applied for asylum in the USA and I was a beneficiary. After that the country conditions changed and we returned to our country. Can my father’s case be a barrier for me not receiving a visa?

    Thanks in advance.

    Reply
    • It should not be a barrier for you, but make sure to tell them about that if they ask (in a form, or at the interview). If they think you are lying or trying to hide something, it could cause big problems. In general, the embassy can still deny or substantially delay the case, but most cases are moving along (albeit slower than they used to). Take care, Jason

      Reply
      • Hi Jason,
        It’s almost 3 months now since the NVC notice said” your case is ready for interview when schedule at the consular or embassy, and just a week back I saw case updated on ( date). What’s happening? What does all this mean.please advice
        Thanks

        Reply
        • You might Google the embassy and find their contact info for immigrant visas. You can email them and inquire. There are a lot of delays in all areas though, so this may be part of that pattern. Take care, Jason

          Reply
          • Jason,
            The problem is I’ve been emailing the embassy since then but no response, and I kept seeing my case status at NVC updated twice, in September and the last time was just 2 weeks ago.
            Does it mean the case is at the embassy or still at NVC because it status said “READY”
            What should I do?

          • Maybe talk to your Congress person to see if they can help (there is a link at right to the House and Senate). Otherwise, if the embassy will not respond, you might want to talk to a lawyer who does consular cases – maybe that person can help. It may also simply be that things are slow, and if you wait, they will eventually respond, but that does not seem like a great option. Take care, Jason

  8. Can you share your timelines after the approval of I 730 form by USCIS? How long does it take in the NVC?

    Reply
    • The NVC usually forwards a case to the US embassy in a short time (maybe a month or two). How long the embassy takes is hard to predict. Often, it is only a few months, but it can be longer, especially if there are issues with the case, such as delayed security checks. Take care, Jason

      Reply
    • Jason,
      The website also said this
      “However, before applicants in a numerically limited (preference) visa category can receive an appointment, their priority date must also be current. ”
      What does this mean?
      How do I know my priority date?
      Thanks

      Reply
      • I am not sure. If you filed an I-730, there is no priority date. If you filed an I-130 (where a person with a GC or a US citizen files for a relative), there is a priority date, and depending on the relationship, you have to wait for the priority date to become current before the person can come to the US. You can see which categories are current if you Google “DOS visa bulletin”. Take care, Jason

        Reply
    • Jason,
      Or should I try to expedite by emailing NVC @ expedite. gov.
      Because my main issue right now is the whereabouts of the case.Has it been transferred from the one embassy to the other or still not yet? Or has the case been returned to NVC, which I’ve seen saying case updated , two times now.

      Reply
      • I don’t recognize that email, but there is no harm in trying it (if I remember, NVC had an email that was fairly responsive, but they canceled it). Take care, Jason

        Reply
  9. Dear Jason,
    My husband’s I-730 form is still pending but according to the processing time line we should of gotten the answer. Our receipt date was August 31, 2018 and their processing receipt date is September 4, 2019. They skipped us. What should we do?
    Thanks in advance.

    Reply
    • Often, cases are not processed exactly according to the schedule. I think they will not take action on a delayed case unless it is at least 90 days overdue. So I think this is not something unusual (unfortunately). That said, you can certainly call and inquire – you can find their phone number at http://www.uscis.gov. Take care, Jason

      Reply
  10. Hello Jason,
    Many thanks for your blog. Just a few questions, my husband’s i-730 has just been approved.
    1- what comes next? Becausr a friend told me interview at the embassy is next.
    2- how long does it take for the file to arrive at the embassy for interview?
    3- is there any way I can track my file?
    Thanks alot

    Reply
    • 1 – The case should be forwarded to the National Visa Center and they will contact you by email or mail. Then the case will go to the embassy for his interview. 2 – Like everything else, this seems to have slowed down. Maybe it takes 4 to 8 months or so to get to the embassy and another couple months at the embassy. 2 – Now that the case is going to the NVC, I do not think there is a way to track it, other than waiting for their updates. You can check the NVC website for more info: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/begin-nat-visa-center.html. Take care, Jason

      Reply
      • Hi Jason,
        Just a question.it has been 2 months now since I received my husband’s i-730 approval letter.
        NVC hasn’t contacted any of us yet.
        Is it normal like this ?

        Reply
        • I think it has been slow lately. I do not know if it is possible to contact NVC these days, as the government is cutting off many of the lines of communication. Maybe you can try to Google their email, and the also have (or had) a phone number: 603-334-0700. Maybe that would help. Otherwise, I expect that you will hear from them soon. Take care, Jason

          Reply
    • Dear Ruth,

      Congratulations on your approval. Can you please share the office you applied to and when did you apply and when received the approval?
      Thanks in advance.

      Reply
  11. Hi Jason,
    Thanks for the blog. As an i-730 beneficiary, how long does it take to get my green card after arriving in USA?
    Thanks

    Reply
    • Assuming you are overseas and come to the US, you can apply for the GC one year after your arrival here. However, if you leave the US, you have to add anytime outside the US to the one year. So for example, if you leave the US for 2 weeks, you could apply for your GC one year and two weeks after you arrived in the US. In other words, you need one full year of physical presence in the US before you can apply for the GC. Take care, Jason

      Reply
      • Which means I’m gonna wait for 2 years or more in order to get my green card. That is one year to wait and then apply, another year or more to get it processed.

        Reply
        • On the plus side, people who get a GC based on asylum have the card back-dated one year, so if you got it today, it would say July 4, 2018 (instead of 2019). This gets you to US citizenship a year faster. Take care, Jason

          Reply
      • Which also means for example if I arrive and stayed for 8 month, then travel out of the USA. On my return I have to start a fresh and stay for year before I can apply for y GC?

        Reply
        • No – you just need one year of physical presence, so if you get asylum on January 1, 2019 and you leave the US for 15 days, you can apply for your GC after January 16, 2020. Take care, Jason

          Reply
          • Thank Jason, information appreciated

  12. If you applied at Nebraska , I guess you should receive something in the next 2 to 3 weeks
    Good luck

    Reply
  13. If I didn’t receive an email from the NVC for a long time, what should I do?
    Thanks

    Reply
  14. Katherine and Amanda. I am amazed at people like you. There are also people like you who are waiting for their approvals. I asked you several times to share your offices and timelines if it’s not difficult. But I see this world is still full of selfish people. What a pity.

    Reply
    • Oh!! I totally forgot.
      At Nebraska office
      Applied in june 2018,approved in may 2019

      As Katherine said please don’t be harsh on people until you find out why?

      Reply
    • When did you apply?

      Reply
      • Hello Amanda,
        Thanks for your sharing. I applied at he end of August and didn’t receive an answer yet.

        Reply
        • If you applied at Nebraska , I guess you should receive something in the next 2 to 3 weeks
          Good luck

          Reply
          • Dear Amanda,

            Did you receive a notice from the National visa center? How long did it take?

  15. Hello everyone.
    Whoever got their I 730 approval please share your timeline and office.
    Thanks in advance.

    Reply
  16. Hello Jason,
    Thanks for this blog. A question please.I received approval letter for my husband’s i-730 petition 3weeks ago but it akso says on a NOTICE ( Although this petition has been approved the US IS and DHS has the authority to verify the information before and or after, contact …by phone internet … and if there is any bridge of the rules law arc.. .the message continues…….
    Before we can make a formal decision.
    Please does this refer to me or my husband?
    What is it all about since I don’t have much idea about the system.
    Regards

    Reply
    • Dear Katherine,

      Congratulations on your approval. Can you please tell me when did you apply and in which office? Please share your timeline for the I 730 form.

      Thanks in advance.

      Reply
      • Sorry my dear. I haven’t been online since, but you shouldn’t just be harsh on someone without knowing what happened.
        Anyways I applied in May 2018.
        Asked for further evidence in march 2019
        Provided evidence in May 2019
        3 weeks later I got the approvsl letter
        Hope this will suffice my dear.

        Reply
      • Nebraska office , I applied in May 2018.
        Asked for further evidence in march 2019
        Provided evidence in May 2019
        3 weeks later I got the approval letter

        How about you? Where and when?

        Reply
        • I applied in Nebrasaka office at the end of August 2018 and didn’t receive a decision yet.

          Reply
    • That sounds like standard language from the approval notice, but I am not sure. The next step is that you should get an email from the NVC about what to do, and then the case will be forwarded to the embassy for processing. Hopefully you will have the email in a few weeks. Take care, Jason

      Reply
      • Please Jason,
        What do you mean by standard language. I’m confused and worried about the approval notice
        Is it common my used?
        Thanks

        Reply
        • I think it is language that appears in all notices and has nothing to do with you. I imagine it refers to your husband, not you. Take care, Jason

          Reply
      • Is that can of notice commonly used?
        Who does it refer to, me or my husband.
        MANY thanks

        Reply
  17. Hello Jason,
    Please what does this imply from USCIS ? It says” we approved your form…..We will mail your approval notice. Please follow the instructions in the notice. ”
    How long will it take to receive the notice and what next?
    Thanks

    Reply
    • Dear Amanda,
      Can you please share the office and the timeline for your I 730 form?
      Thanks in advance.

      Reply
    • It depends on what it is for, but usually it arrives in less than two weeks after a notice like that is posted online. Take care, Jason

      Reply
      • Hi Jason,
        The noticed received today. Please what does it implies? Some of it says ( your petition has been approved and forwarded to the NVC this ends USCIS role on the petition. They will forward to the embassy or consular who will contact my husband
        1-How do I check my NVC status online
        2- How long will it take for them to receive and forward the file to the Embassy?
        3- is there any other process or documentation with the BBC
        MANY THANKS

        Reply
        • Dear Amanda,
          Can you please share your timeline and the office for I 730 form?

          Reply
        • The case should proceed automatically. You should get an email within a month or two with instructions for how to proceed. The processing time at the embassy varies by country and by case – it usually takes between 3 and 9 months, but sometimes it is longer (and sometimes, I guess, it is faster, but I have not seen that in awhile). Take care, Jason

          Reply
          • Jason you said “the case should proceed automatically ” Do you mean to the Embassy without the NVC? please clarify.
            Alsi,do I get the email from Embassy or NVC?
            Regards

          • It should go to the NVC, and the NVC should send an email. After that, the case goes to the embassy. Take care, Jason

          • Please Jason, is there a way I can track or follow up with my file at the NVC?

          • I am not sure, but maybe you can try contacting them at this email: LegalNet@state.gov. Take care, Jason

        • Hi Jason,
          Talking about security checks, is there any other security checks after his petition has been approved and case sent to the embassy, because he usually travels out of the country for business
          Thanks

          Reply
          • I do not know all the security checks they do, but there are a number of them. I would guess that addition checks are done at the time of the embassy interview (since new info could come to light at the interview), but I do not know for sure. Take care, Jason

  18. Dear LCY,

    Thanks for your reply. I have one more question. Did you receive the notice in the mail as a letter stating that your form was approved and it moved to the NVC or you checked the processing time?

    Reply
    • Is there a difference?
      Processing time

      Reply
  19. Dear LCY,
    Can you please share your husband’s office and the timeline for I-730. When did he apply and in which office?

    Thanks in advance.

    Reply
    • At Nebraska office
      Applied in May 2018,approved in march 2019

      Reply
  20. Hello Jason,
    Please just a question. My husband’s i-730 has just been approved but he is out of our country on a business trip and won’t be back till after 2 months. I’m wondering if this will affect him because I don’t know whether the embassy will call him for interview immediately or there are still some other processes and for how long
    Thanks

    Reply
    • Once the I-730 case is done, the case to go to the embassy, which then has to process it. I think this will take a few months, and anyway, even if your husband is not in the country, he can start the process and schedule the interview for once he returns. Take care, Jason

      Reply
      • Which means after USCIS approval, the case goes direct to the embassy?

        Reply
        • It goes to the National Visa Center and you have to submit more evidence, and then it goes to the embassy. You have a period of time within which to submit the evidence, and so you can build some delay into the process if you need more time. Take care, Jason

          Reply
      • How about his background checks, can it be done even if he is out of the country?

        Reply
        • Some I-730 beneficiaries are in third countries, and those cases get done, so he does not need to be in his own country to process the I-730. Take care, Jason

          Reply
      • Jason,
        But what about his background check or field check
        I’m afraid that is possible they go home to ask of him and he is out of the country on business.
        Please advice
        Thanks

        Reply
        • I do not know how they do that, but they should be able to process his case even if he is not in the home country. We have done that for people before. Take care, Jason

          Reply
    • Dear LCY,
      Can you please share your husband’s office and the timeline for I-730. When did he apply and in which office?

      Thanks in advance.

      Reply
  21. Please Jason, how long does it take for NVC to process my file and issue a VISA.
    THANKS ALOT

    Reply
    • I don’t know, but it would depend on the type of case. Usually, in general, the NVC does not take that long and sends the case to the embassy for processing, but it may depend on the type of case. Take care, Jason

      Reply
      • Hi Jason,
        Please , after arriving in the USA as a follow to join asyler, how long will it take for me to get my green card ? Also my work permit ? Or am I allow to work immediately?

        Reply
        • If you came based on an I-730, you can file for the green card one year after you arrived in the US, assuming you were here the whole time and meet the other requirements for a GC. You should get the work permit in the mail shortly, but I believe since you are considered an asylee upon arrival, you are eligible to work immediately (its just that without the work permit, it is more difficult to prove your eligibility. Take care, Jason

          Reply
          • Thanks for the reply Jason.
            Also, during this one year period, while waiting to apply for my GC can I travel out and in to the country.

            Again after applying for the GC how long does it take to get it?
            Thanks

          • You can travel, but you should use a Refugee Travel Document. We are seeing people wait about 14 months for a GC based on asylum. However, you can check the processing time at http://www.uscis.gov, and it will give you a wide range of dates, so it could be longer or shorter, depending on the case. Take care, Jason

      • Hi Jason,
        Please it has been more than a month now since my file was said to have Bern transferred to the NVC.but I didn’t receive any email from them yet.
        Do you advice me to contact them?
        Do you have there email or any other form of contact?
        Please advice what to do

        Reply
        • It seems it is taking them 30 to 90 days for most cases, so everything is probably fine. There is an emailed – LegalNet@State.gov, but I do not know how helpful that will be since the case is probably still within the normal processing times (and even if it is delayed, the email is usually not so helpful, but it is worth a try). Take care, Jason

          Reply
    • Hi Jason,
      Please, do you know how long it takes USCIS to process an asylee RFE after submitting it?

      Reply
      • It is not predictable, but in many cases, after we respond to an RFE, we get a decision in a month or two. Take care, Jason

        Reply
        • Hello Jason,
          Thanks for all your help.
          Please my husband’s situation is just like that of another beneficiary in this group.
          He has a business he runs back home but as I understood, after he arrives here in the USA, it will take a year before he can even apply for his green card. I’m wondering if there is a way for him to travel at least within the first 5 months to go and check on his business
          Thanks

          Reply
          • If he comes here based on an I-730, he will have asylum upon arrival and can apply for a Refugee Travel Document (form I-131, available at http://www.uscis.gov). As a dependent, he can return to the home country once he has this travel document (wait times for this vary, but it normally seems to take 4 to 6 months; he can try to expedite that). Even as a dependent, he might be careful returning home, especially if the principal’s asylum case indicated that the whole family was in danger in the country. Take care, Jason

          • Hi Jason,
            If someone gets a refugee travel document and decided not to travel again.
            Will that have any effect on his status as an asylee
            Thanks

          • If a person gets a refugee travel document and then does not travel? That is fine; it would have no effect. Take care, Jason

  22. Hi Jason,
    Please is there background checks for i-730 beneficiary? By who? USCIS , NVC or the EMBASSY?
    Thanks.

    Reply
    • There is, and it is probably by multiple agencies, but I do not know the details about that. Take care, Jason

      Reply
  23. Hi Jason,
    Thanks A lot. Please, I received a letter asking me for further evidence ( a list of it) some of which doesn’t exist or we don’t have, like ” showing joint ownership of a property” please is it a must to produce what doesn’t exist.please advice.

    Reply
    • It is not a must – Just respond with the evidence you have. If you want, you can explain why you don’t have a piece of requested evidence, but normally, we do not do that for our clients. Take care, Jason

      Reply
  24. Hi Jason,
    For an i-730 petition, what does a letter sent to me requesting for additinal evidence implies? Is it going to affect the petition?

    Reply
    • It just means they need more evidence. Often, this is more evidence of the relationship. Once you have the letter, you can see what they want and respond. The sooner you respond, the sooner USCIS will continue processing the case. Take care, Jason

      Reply
  25. Hello Everyone,
    Is there anyone with approved I-730 from Nebraska centre recently?
    Please can you share your timeline.

    Reply
  26. Hi Jason,
    Thanks for the help. A quick one. I was granted asylum a year ago in which my husband’s details were included in my application nevertheless he is out of the USA. I petitioned the i-730 for him.Now I’m about to apply for change of status. Does this help or affect his i-730 petition? In which way?

    Reply
    • If you get a green card, it has no effect on the I-730. If you become a US citizen, then you are no longer an asylee, and I think the I-730 would be canceled. If that happens, talk to a lawyer before you naturalized to be safe. Take care, Jason

      Reply
  27. Hi Jason,
    Do you know of anyone or Is there anyone with approved I-730 from Nebraska centre recently?
    Please can you share your timeline.
    I’m wondering which month they might be processing by now.

    Reply
    • We’ve had some, but not very recently, I don’t think. If I remember, the processing times posted at http://www.uscis.gov are about right; maybe a bit longer. Take care, Jason

      Reply
  28. Hi Jason,

    Is there a possibility for an i-730 to be denied, on which grounds?
    Thanks

    Reply
    • Yes – if you do not prove that the person is your relative, or if the relative is a criminal. Those are two possible grounds to deny. There are probably others as well. Take care, Jason

      Reply
  29. Hi Jason,
    Thank you for the help as always, quick one

    Is there any problem to the beneficiary of I 730 petition if they had a history of an overstayed ban that was placed by mistake and later on lifted up in 3rd world country? Can this trigger the system for Administration Processing after the interview?

    Appreciate your help…

    Reply
    • I do not think this would affect an I-730, but I have not had that situation, and so I do not know for sure. Sorry, Jason

      Reply
  30. GReeting Jason,
    Do you know if USCIS is processing i-730 portions in Texas? Which month might they be processing at the moment? I filled mine in May 2018
    Thanks

    Reply
  31. Hi Jason,
    Do you know of anyone or Is there anyone with approved I-730 from Nebraska centre recently?
    Please can you share your timeline.
    I’m wondering which month they might be processing by now.

    Reply
    • We haven’t had one approved very recently, but we have some pending. I think the wait time listed on http://www.uscis.gov is 8 or 10 months, and this is what we have experienced in the past. Then the case goes to the embassy, where you wait again. Usually (but not always), that is only a few months. Take care, Jason

      Reply
      • Jason
        From USCIS, does the petition go direct to the embassy or to NVC?

        Reply
        • I believe everything goes through the NVC to the embassy. Take care, Jason

          Reply
  32. Hello Everyone,
    Is there anyone with approved I-730 from Nebraska centre recently?
    Please can you share your timeline.

    Reply
  33. Hello Everyone,
    Is there anyone with approved I-730 from Nebraska centre recently?
    Please can you share your timeline.

    Reply
  34. Jason,
    This is what I mean.shown on the USCIS prcessing time page. SEE BELOW:

    **The estimated time range displayed is based on data captured approximately two months prior to updating the page**

    Reply
  35. Hi Jason,
    Regarding the i-730 petition, could you please tell me what this mean? Does it mean they displayed data is for the last 2 months or let say April data being displayed in February?
    **(We generally process cases in the order we receive them, and we will update this page each month. The estimated time range displayed is based on data captured approximately two months prior to updating the page. Please note that times may change without prior notice.

    We have posted a “Receipt date for a case)**

    Reply
    • I am not sure what you mean – the processing time for the I-730? You can find that at http://www.uscis.gov. We have seen such cases take maybe a year, including the USCIS part and the embassy part, but things keep getting slower, so cases filed now may take longer. Also, sometimes there are inexplicable delays at the embassies. Take care, Jason

      Reply
  36. Hello Everyone,
    Is there anyone with approved I-730 from Texas centre recently?
    Please can you share your timeline.

    Reply
  37. Hi Jason,
    I applied for my husband on 01/24/2017 to NBC and after that I follow up few times and today I receive a new status in my case which said my case on July 12,2018, received your form I-730 refugee/asylum relative petition,at your local office.
    What that mean after a year and half ???and what should I do???
    I living in California

    Reply
    • That is very slow, but delaying people’s cases seems to be the policy of USCIS. You can contact USCIS and inquire – their phone number is on their website, http://www.sucks.gov. After that, you can also contact the USCIS Ombudsman – they sometimes help with delayed cases. You can find their contact info if you follow the link at right called USCIS Ombudsman (under Asylum Seeker Resources). If that still does not help, you can talk to a lawyer about a mandamus lawsuit. Take care, Jason

      Reply
  38. Hello Jason,

    First and foremost I want to say thank you for having this blog! It has been extremely helpful and informative.

    I’ll try to make a long question short.
    My boyfriend is from Syria and has been waiting for his asylum interview for 2.5 years now. We recently found out that I am pregnant and as of now I myself have been out of status for 3 years (was put on voluntarily deportation and I never left. 8 out of past 11 years in US I have been legal). If we get married now, will that effect his “time” or complicate his case? Also, with I-730 filed will I be able to fall back in status and obtain a working permit?

    Thank you in advance!!!!

    Reply
    • In most cases, if a person gets Voluntary Departure (which we immigration lawyers call “VD”, for better or worse), and then does not leave, the VD order normally automatically converts to a deportation order. This is a worse situation than merely being here unlawfully, as there are even fewer options available to you. I think it might be a bad idea for you to join your husband’s asylum case – my fear is that if you joined his case, and got called in for an interview, ICE might detain you. On the other hand, the benefit of joining his case is that you should (I think) be able to get a work permit based on his case. I am not sure about this, however, as I do not know what effect your deportation order will have on a work permit application. To join his case, you would need to be legally married. Another option is to get married, so that, if he wins asylum, he can file an I-730 for you (he can only file an I-730 for you if you are legally married before he gets a decision in his case). Unfortunately, I do not know whether your deport order affects the I-730, or how it affects. Needless to say, I think you need to talk to a lawyer to research these questions and come up with a plan. Take care, Jason

      Reply
  39. Hi Jason
    First thank you in advance for your help!
    Second, here is my question to you in brief:

    I applied for my wife and son (8 yo) i-730 based on my asylum status. On August 2017 we received an approval from the USCIS. The case has been transferred overseas waiting for interview and every thing seems good, on October 2017 a new update came up stating that the Department of State has been transferred the case to USCIS for more review. I called the USCIS on October 2017 and they said I have to wait for 180 days to complete the review. The 180 days just passed 2 months ago and we are in June 2018, whenever I call the USCIS they say just wait for the review to be done.
    Mr. Jason, do you have any idea what is happening to my family’s case please?
    Is it possible to travel see my family with a US Travel Document only? I’m waiting for the green card but it seems need more time.
    Thank you again, appreciation.
    * My family from a banned country.

    Reply
    • Hi Zac,

      Please can you share your time line? When did you apply? How long it took time for approval and which asylum office?

      Thanks.

      Reply
      • Hi Cathy,
        Sure,
        On January 2017 I field the case at Texas service center.
        6 months later been asked to provide more evidence lile family pics etc…
        Got the approval on August 2017.
        On September 2017 the case been transferred from DOS to the international office, couple weeks later the case was sent back from DOS to USCIS for review.

        Reply
    • I am not sure what the hold-up is. You might try involving a Congressperson for help. Also, you can try going in person to USCIS (make an Info Pass appointment – a link is at right), and/or try the USCIS Ombudsman, a link is at right for that too. You might also hire a lawyer to help you. Finally, you could apply for a Refugee Travel Document (form I-131, available at http://www.uscis.gov – if you paid for the I-485, the fee includes a RTD) and then meet them in a third country while you are waiting. Good luck, Jason

      Reply
      • Thanks a lot for your responses.
        Actually I did, went to USCIS and asked them why the case was transferred from DOS to USCIS?, they told me we have no data on the system to see i730 case status, it is different office and we have no access for such data.

        And I also applied for the GC and RTD “fees paid”, They sent me the RTD but still waiting for the Green Card.

        In case the GC takes longer time, can I travel with RTD only ?

        Thanks again for your time!

        Reply
        • You can travel with the RTD – it works like a passport, though all countries do not recognize it – contact the country’s embassy or check their website to determine whether they accept it. Take care, Jason

          Reply
        • Hi Zac,

          Any update on your case? I received an update from them today after 08 months. Asked to provide more evidence. I see they asked the same from you. Mine is at Nebraska service centre. Could you please share what evidence did they ask from you?

          Reply
  40. Hi cathy
    Can i know when did you apply? And did you mean that you get an approval notice or just visa interview refferal?

    Reply
    • I applied in 30/11/2018. Nebraska asylum office.

      Reply
  41. Hi jason .
    Our status: Case Was Transferred And A New Office Has Jurisdiction.
    Case is in US embassy- jordan and interview done 2 months ago. Now its under administrative process . How long it will take to issue visa? The Maximum? And when can I send an inquiry?
    Form :I 730 follow to join asylee
    Nationality: Iraqi

    Reply
    • I don’t know how long it will take, and there is no maximum. You can Google the embassy website and find the email for the consular section, and you can email them to inquire about the status of the case. Make sure to use all the receipt numbers in your email. Maybe they can give you some idea about the status. Take care, Jason

      Reply
  42. Hello jason,

    I have a short question to ask: my mom filed for asylum in 2016 while I was 21 years old. Now that I am over 21 years old cauz I was born in 96, should I still qualify as a derivative or m disqualified?

    Reply
    • If you were under 21 at the time she filed, you can still benefit from her case if she wins (even if you are now over 21 – it is the Child Status Protection Act), but if you were 21 or older when she filed, you cannot benefit from her case. Take care, Jason

      Reply
      • But one of the lawyer told me that CSPA only apply to us citizens parents, not pending asylum and that I should file my own asylum. However I have been in the US for more than 1 year

        Reply
        • If a person is under 21 and unmarried when their parent files for asylum, they can be included in the parents’ case. I do not know your specific situation, so maybe double check with the lawyer, but the CSPA does apply to asylum derivative children – even if they turn 21 during the time the asylum case is pending, they are still part of the case and can get asylum if the principal applicant is granted. Take care, Jason

          Reply
  43. Hey Jason,
    Thank you for the help here very encouraging.
    I applied for i730 for my wife at Nebraska office and my notice date is November30th, 2017.
    We are still waiting for the approval and we were wondering ,is there anyone who has applied the same from Nebraska and received their approval in the time frame provided by the uscis website (6 to 8.5 months)..

    Reply
    • I do not recall about that, but many of the time frames are not accurate. If you do not receive an answer by 8.5 months, you can make an inquiry with USCIS or with the USCIS Ombudsman – a link is at right. Take care, Jason

      Reply
  44. hi
    i applied i730 for my wife on nov 2016, they asked me of pp photo and i had send them n received too..on june 2017 case is still in uscis pending, can u suggest me whats going on?

    Reply
    • You should call USCIS to ask. The phone number can be found at http://www.uscis.gov. You might also do an inquiry with the USCIS Ombudsman’s office – a link is at right. They can sometimes help with delayed cases. Take care, Jason

      Reply
      • i had made service request every mth and they say they are still working on the case and to wait nothing more than that… contacted ombudsmans.. am still waiting on their update….are this kind of delays normal?

        Reply
        • There are lots of delays throughout the system these days, and so it may very well be normal. Take care, Jason

          Reply
  45. Hey jason,
    I applied for i730 for my husband at nebraska office and my notice date is September 18,2017.
    What is the processing time now because whenever i call the uscis they have no clue though yesterday i can see this date sep 18,17 when i open processing time page and pick file and office.

    Reply
    • Hi Sandra,

      Are you from one of the Ban countries? I am also waiting for mine. Looks like they are not following the timeline as it is on website. Please let us know if you receive anything.

      Thanks

      Reply
      • Its egypt cathy, sure i will.

        Reply
    • I do not know – but if the processing time on the USCIS website indicates September 2017, you should hear from them soon. Unfortunately, I-730s are delayed along with every other application, but they are still being processed, so hopefully you will hear soon. Take care, Jason

      Reply
      • I received the approval today for i730
        And the letter states that forward a copy to department and visaa that will notify the us embassy in our country
        Is there anything i should at my end ?

        Reply
        • You might check the instructions about the documents needed for the consular processing, but there is not a whole lot to do until the embassy contacts you to continue processing the case. Take care, Jason

          Reply
        • Hi Sandra,

          Thanks for the update. Glad you received it. Please keep update your timeline with embassy. Hopefully I will receive my approval soon. I applied it in October 2017.

          Thanks.

          Reply
        • Hi Sandra,

          Do you mind sharing your case number last 4 digits. If you can. I don’t know if they following any order for application numbers. But just to get an idea. It’s been very difficult waiting for all these time.

          Thanks

          Reply
        • Hi Sandra,

          Did your embassy call you for the interview? Just want to know how long they will take ?

          Thanks.

          Reply
  46. Is the I 730 petetions suspended as well as refugee program or no? I just need to know if they will process my husband case normally?
    Thanks

    Reply
    • I-730 cases are proceeding. The US government is making such application more difficult, as they are making all immigration (and non-immigration) visas more difficult. But cases are still proceeding. Take care, Jason

      Reply
  47. Hi Sara,

    Please tell When did you apply for your husband? Did it take 06 months to get approval.

    Thanks.

    Reply
    • No 8months

      Reply
  48. Hi jason
    My husband did his I-730 interview at the US embassy in Jordan on april2018 and his case transferred to an administrative process a week ago.
    How long it will take to issue his travel approval? And if its delayed when can I file an inquiry?
    Please note we are originally from Iraq. I am his wife granted asylum and applied for him last year.

    Reply
    • Wait times vary, and sometimes the embassies are making this process difficult. I imagine it will at least take a few months. We sometimes make inquires with the embassy, but it depends on where the hold-up seems to be. Hopefully, he will come here soon. Take care, Jason

      Reply

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