With all the bad news related to refugees and asylum seekers, I thought it might be nice to discuss something positive: What happens when an asylum case is granted?
The fact is, despite the best efforts of the Trump Administration, people are still winning their cases. They are winning affirmatively at the Asylum Offices, and defensively in the Immigration Courts. There are some differences between an affirmative and a defensive grant, and we’ll talk about those first.
If an applicant wins at the Asylum Office, she receives a letter indicting that asylum was granted. The date on the letter and the date of the asylum grant are usually not the same. To find the date that asylum was granted, look in the body of the letter on the first page. It will indicate that “asylum was granted on” a certain date. This is the date that matters for purposes of applying for a green card and obtaining certain government benefits.
If asylum is granted in Court, the Immigration Judge will issue an order stating that asylum is granted. If the DHS attorney appeals, the case is not over, and will have to be adjudicated by the Board of Immigration Appeals. But if DHS does not appeal (or if the BIA has already indicated that asylum must be granted), then the case is over and the applicant has asylum. There is one more step that the applicant must take in order to complete the process. The person must bring his approval order and photo ID to USCIS, which will issue an I-94 indicating that the person has asylum, and will also create a new Employment Authorization Document (“EAD”). You can learn about that process here (check the link called post-order instructions).
As soon as asylum is granted, you are eligible to work in the United States, even if you do not have an EAD (see Working in the United States). You can also get an unrestricted Social Security number by contacting the Social Security office.
A person who wins asylum can file an I-730 petition for her spouse and children. To qualify for an I-730, the marriage must have existed prior to the date that asylum was granted. For a child to benefit from an I-730, the child must have been under 21 and unmarried at the time the asylum application was filed. If the child turned 21 before the asylum case was granted, he is still eligible to benefit from the I-730. However, if the child married after the case was filed, he is not eligible to bring his own spouse and children to the U.S. through the I-730 process.
One year after asylum is granted, the alien may file for her lawful permanent residency (“LPR”) (her green card) using form I-485. We used to advise people that they could file for the green card 30 days prior to their one-year asylum anniversary, and this used to work. But then we filed a green card application early, and USCIS rejected it. Since then, we have advised our clients to wait one full year before filing for their residency. Principal asylum applicants do not generally receive a green card interview, but dependents usually do. When you receive the LPR card, it will be back-dated by one year (so if you get the card on May 21, 2018, it will indicate that you have been an LPR since May 21, 2017). You can apply for U.S. citizenship based on the earlier date listed on the card.
A person who wins asylum can obtain a Refugee Travel Document using form I-131. This document is valid for one year and is used in lieu of a passport, but there are some limitations. For example, returning to the country of feared persecution can result in termination of asylum status or lawful permanent residency (I wrote about this here). Also, not every country will accept the RTD as a travel document, so you have to check with the country’s embassy in advance.
People granted asylum may also be eligible for certain government benefits, including referrals for short-term cash and medical assistance, job development, trauma counseling, and English as a Foreign Language services. The Office of Refugee Resettlement has a state-by-state collection of agencies that can help with these and other services (once you identify agencies near you, you have to contact them directly). For those granted asylum affirmatively, the Asylum Office sometimes holds meetings to explain the benefits available to asylum seekers. You would have to ask your local Asylum Office about that. Be aware that after the case is granted, you have a very limited time to access most services, and so the sooner you reach out to provider organizations, the better.
Asylees are eligible to attend university (asylum applicants who have an EAD are also eligible to attend most universities). In many cases, universities offer in-state tuition to people with asylum. There may also be scholarships available. You would have to reach out directly to the university to learn more about tuition discounts and scholarship money.
Asylees also have certain legal obligations. If you are a male asylee (or a dependent) between the ages of 18 and 26, you must register for Selective Service. LPRs and citizens are also required to register. Also, like everyone else, asylees have to pay taxes and follow the law.
Finally, asylees and LPRs must inform USCIS whenever they move to a new address. You are required to do this within 10 days of the move. You can notify USCIS of your new address by mailing them form AR-11 or filing it electronically. Either way, keep evidence that you filed the change of address form.
Especially these days, I view every asylum win not only as a victory for the individual, but also as a victory for our country. Whether our leadership understands it or not, our nation is defined in large part by how we treat those coming to us for refuge. So if you have been granted asylum in the U.S., thank you for still believing in the American Dream–it helps the rest of us keep believing as well. And of course, Welcome to the USA!
Jason my mom had asylum case and i was depende of her asylum but when i was 16yr they put me administrative decision and my mother close her now 36 yr married do this asylum still valid or i am fully out i am askimg because administrative decision when i was 16 year old so idk now married still valid or this is cancel
I am not sure I understand the question, but it sounds like you were a dependent on your mother’s case, but that case was administratively closed or dismissed from court, and now you are married. If the case was admin closed, it is still “alive” and you would have remained a dependent until you got married. A married child cannot be a dependent on their parent’s case. Normally, you would file your own asylum application at that time or find some other way to get status here (you may still be getting a work permit if USCIS does not know about your marriage). This may be an issue due to the requirement that you file for asylum within one year of arrival – there are exceptions to that rule, and being a dependent is an exception. But if you married a while ago, it may be too late to use your dependent status as an exception to the one-year asylum filing rule. Alternatively, if the case was dismissed, it is no longer “alive” and you lost you dependent status at that time (in this case, you should not be able to renew your work permit). I think either way, you should talk to a lawyer and review your options, so you can see if you have any relief available. I would do this as soon as possible, just in case the one-year filing bar is an issue. Take care, Jason
Hello Jason. I have a question. I wasn`t able to find a firm answer anywhere. There is no live person who have done it and admitted online. I also read entire USCIS ASYLUM manual and there is no answer. As far a primary asylum applicant it is a crystal clear that you are not suppose to travel to your home country. But I am a spouse and I had derivative asylum status. I am LPR now category AS7 ( spouse of asylee ). I was not in my spouse`s case as a victim and did not claim any fear or prosecution from my home country. I gained derivative asylum automatically because i was in the application. Can I travel to my home country fear free ? Can i Use my passport. We are from same country married in US. Have you had such experience in many years of you practice ? Thank you very much !
I think there should be no problem for you to do these things, as long as he did not claim in his asylum case that you face danger in the home country. If you are ever asked about this (and probably you will not be, but you never know), you can explain that it was his case and that you never faced any threat, and so I think you should be fine. I wrote a bit more about this issue on January 6, 2016, if you are interested. Take care, Jason
Hello Jason,
I got my green card(through asylum case)on 10/19/2023. I submitted combo application(I-485,I-765, I-131) in 2022, the I-485 and I-765 were approved. But, still waiting I-131case. I was asylum status when filled I-131 form and applied refugee travel documents. Now, I am a green card holder, should I get reentry permit or still will get refugee travel documents? Are both(reentry permit and refugee travel documents) the same valid period? How do I expedite I-131 case? Thank you.
The RTD is meant to be used instead of a passport, but it takes so long to get, and is only valid for one year, and so it is not very useful. You can try to expedite that process – I wrote about expediting in general on January 29, 2020 and maybe that will give you some ideas. You can also get the re-entry permit (also using form I-131). It is not meant to be used like a passport, but maybe some countries accept it (I do not know). It is used to re-enter the US. I also did a post about using your passport after asylum is granted and maybe that is of interest. It was on May 25, 2022. Take care, Jason
Thank you for this article.
I wonder if I will need anything else from this country than the right to freedom she provided.
Hello, Jason. Thank you for all your help. Today is the happiest day in my life. I’ve been waiting for i-485 to be approved since April, 2018. Finally, i-485 was approved (asylum based) today – on 12/16/20. The notice on USCIS website is as follows:” On December 16,2020, we approved your FormI-485. We sent you an approval notice. Please, follow the instructions in the notice. If you dont receive your approval notice by 12/31/2020, please, go to uscis website”. What does “instructions” mean? Will I still have to do some other steps??? What does usually happen after such notice. Do I still have to wait long till I get the actual green card?” The case is in Texas office. Hope to hear fro you soon. Thank you in advance.
There have been delays producing the cards, so it may take several weeks (not to mention, the holidays always makes things slower), but hopefully you will have it soon. Once you have the card, there is really nothing to do. Make a copy of it, in case you lose it, but otherwise, you should be good to go. Congratulations! Take care, Jason
Jason, I’m an asylee & applied I-485 application to register permanent residence or adjust status at Dallas, TX. It’s been six months since I applied for I-485. My EAD expires on Aug. 2020. Question: if I’m not getting my Green Card by August 2020, what will happen to my employment status? Do I need to apply for EAD renewal now? or I just need to wait for my GC? Thanks!
The GC may take a while (I think USCIS lists processing times as 1 to 3 years). Technically, an asylee is eligible to work without an EAD. However, many employers and DMVs do not seem to understand that, and it is usually better to have a valid EAD. You can try to get by without one (and maybe see if your employer will employ you without the card – they are legally allowed to do so), but if that is too hard, you may want to renew your a-5 EAD. Take care, Jason
Hi Jason,
I applied for my green card after my asylum was granted, I am still waiting for my green card, My Partner is still in my country. My question is, if I get my green card, can i meet my partner in another country to get married and file for my partner when i come back to America.
Thank you Jason
Yes – once you have a GC, you can sponsor your spouse (you have to be legally married). Take care, Jason
Hi Jason,
My application was approved in 2018 and I submitted my green card application after a year. However, because I moved I submitted my application in a different jurisdiction (Chicago to Richmond). Do you know how moving to another jurisdiction impacts adjustment of status applications? Will this cause a delay? Currently, the online status shows as finger prints taken. It has now been 7 months since I applied. Thanks.
Moving should have no effect (as long as you file the change of address form, AR-11, available at http://www.uscis.gov). We are seeing adjustment of status for asylees taking anywhere from 6 months to 2 years, and you can check the processing time at the USCIS website. So I think your case is still well within the processing time. Take care, Jason
Thank you!
Hi Jason,
I have a few different questions:
1) After receiving a green card as an asylee, can one travel to his/her home country using his passport from that country? Would the asylee experience any problems re-entering the US after doing that?
2) Can someone who is 17 years old and who is in the US by himself/herself on a visa apply for asylum by himself/herself without his/her parents? If yes, is there an advantage or disadvantage to applying before or after turning 18?
3) If an F-1 student applies for asylum and if his/her asylum application is denied, would that impact his/her future prospect continuing his/her education with an F-1 visa? More specifically, if the student needs to transfer from high school to college, would USCIS consider the asylum application as a grounds to deny the transfer?
Thanks!
1 – You can do that, but it could create issues with US immigration. For example, it may cause them to think the original asylum case was a fraud. I have had client do that without any problem, but there is a risk, especially these days when the government is being very tough. 2 – The person can apply even without parents. I am not sure there is much advantage to waiting until the person is 18. If the one-year asylum filing bar is an issue, being under 18 is considered “exceptional circumstances” and can excuse the bar, but otherwise, I think it does not matter. 3 – There was a memo from about 2018 where I think USCIS said that a student who applies for asylum and is then denied will be considered out of status. I saw the memo, but then did not find it again, and I do not know whether this is actually being implemented. I do think there is some risk that USCIS will consider the person out of F-1 status if asylum is denied, so you should at least be aware that this is a possibility. You may want to have a lawyer research the question if you really need to know before you file. Take care, Jason
Jason, I’m an asylee & applied I-485 application to register permanent residence or adjust status at Dallas, TX. When checking case processing time in http://www.uscis.gov, there are only two categories: employment based and family based. There is NO category for asylees/refugees. To which category do asylees/refugees fall? Family based or employment based? Thanks in advance!
I do not know, as asylee cases do not belong to either category. In our office, we have seen such cases taking maybe 10 to 24 months (it is not very predictable). Take care, Jason
Hi Jason,
I have a question about the Travel document. I am marriage based green card holder and also am an Asylee. I wanna travel abroad but I do not wanna use my passport and I wanna use Travel document because I do not jeopardize my asylum statues. I wanna let the USCIS that I am going to travel abroad. I wanna know is it possible to apply for travel document based on my asylum case and use it instead of my passport? If so, Is not going to impact my asylum case in the future? As I said, I do not wanna lose my Asylee because I do not wanna go back to my country anyway with or without passport or travel document.
Thanks,
If your asylum was granted, you can apply for a Refugee Travel Document and use that in lieu of your passport. Not all countries accept the RTD, and so you have to check before you travel. Travel with an RTD should have no effect on your status, and even if you use the passport, it is unlikely to cause problems (unlikely, but possible, so use the RTD if you can). Take care, Jason
Hi Jason,
Thank you very much for your response. So, you think applying for RTD rather than using my passport is much better based on my current situation? Yes, my asylum was granted.
Thanks,
There is no question that the RTD is safer than using your passport, but some countries will not accept the RTD. Either way, I think you are better off to have it, so you can show you at least tried your best to travel without the passport. Take care, Jason
Hi Jason, I am a granted asylee from Turkey. I am going to apply for GC next year and live in NYC. Would like to go to Europe with my husband (we just got married) is Italian and I want to go Italy with him. In order to apply for ‘spouse tourist visa’ and send my application to NY Italian Consulate, Should I use send them my RTD or my Turkish passport? Next year, when I apply for I-485 I would not get in trouble because of this Italian visa stamp is in my Turkish passport.
Thank you, God bless you
Gonul
It is better to use an RTD and not your passport. Not all countries accept the RTD, so you may also need your passport. We have had clients travel with the passport and have not had any significant problems, but you never know, and it is safer to use the RTD. If you have to use the passport, be prepared to explain why. Take care, Jason
Hi Jason,
I hope you are doing great.
if you check the previous massages, I asked a question about RTD a couple of months ago. I told you that I am a marriage-based green card holder and am an Asylee as well. I said that I want to travel abroad, but I do not want to use my passport and I want to use Travel document because I do not want to jeopardize my asylum status. You said, “If your asylum was granted, you can apply for a Refugee Travel Document and use that in lieu of your passport”. I applied for it, but my case was denied. In the letter, they have explained that “USCIS records indicate that you were admitted into the United States as a CR6, Spouse of U.S. Citizen. Therefore, the record establishes that your admission to the United States was not as a refugee under section 207 of the Act, or as an asylee under section 208 of the Act. As a result, you are not eligible to receive RTD…”
However, my asylum was granted at least two months before the interview for marriage based and there months before receiving my Green Card. Do you have any idea that what I should do now?
Thanks
It seems to me, based on what you write, that USCIS is wrong. Potentially, you could appeal, but usually that is a waste of money and time. You might also try re-applying, and make it clear that your asylum case was granted. Another possibility is to apply for the re-entry permit, which looks basically the same as an RTD. However, that is not typically used in lieu of the passport (it is used only to re-enter the US). Some countries might accept it like a passport, but I do not know. In this situation, you might want to go over all this with a lawyer before you take any action, so as not to waste more money and time. But if you were granted asylum, you should qualify for the RTD. Take care, Jason
Jason, I’m and asylee and filing I-485 Application to Register Permanent Residence or Adjust Status. I’m granted asylum a year ago. Question on I-485 form: it asks “evidence of one-year physical presence in the U.S.”. What kind of evidence can I submit with the form? Like Bank Statements or Tax Return docs good? Thanks in advance!
We normally do not submit such evidence unless there is a question about it (and we have never had an issue or a request for such evidence), but there is no harm in doing so – One thing could be a letter from you detailing your trips outside the US, with passport stamps and plane tickets. Also, pay stubs, a letter from the employer, school transcripts, lease, etc. In the end, if this is needed, you can submit your entire passport or refugee travel document, which will show all exits and returns to the US. Take care, Jason
This is to say a BIG BIG thank you to Jason and his team, we were all approved and we have been granted our EADs and SSNs too.
I want to implore all would-be assylees that you need look no further, Jason Dzubow and his team would deliver,as they are thorough professionals.
Thank you Jason, we sincerely appreciate.
I am glad it worked it out – Congratulations! And, Welcome to the USA! Jason
Hi jason thanks for your support
1. If my spouse file I-730 how long it will take we both in usa California and also we were married before his asylum
2 . Since I am in a immigration court and my individual hearing is in September 2020 if my 1-730 got approved before the hearing. So can we ask judge to grant asylum in the court rather than doing it all in uscis
3. I checked online it’s says I-730 petition take 9 to 12 months. I am confused it’s for all process or it’s just for applications approval
Thanks so so much for your help
1 – I think it is taking about a year, but you can check the processing time at http://www.uscis.gov. 2 – You would probably want to inform the judge that am I-730 was filed and ask the judge to put the case on hold until it is approved. At that point, the judge could terminate the case. I think that would be the normal approach, but different judges may do things differently. 3 – In your case, that should be for the whole process, though the court case may impact processing time (I am not sure). Remember the I-730 must be filed within 2 years of the spouse receiving asylum, and in your case, with a court case pending, the sooner it is filed the better. Take care, Jason
Thanks so much sir 🙏
2 more question please
1 . I entered usa with crewmen visa 5 years ago. Is that gonna be any problem for I -730 petition?
2 . Which is the best option you suggest do the cout case which is in September 2020. Or go with uscis I-730 process??
Many many thanks in advance
I have not researched that question, and so I do not know, but I would guess that you can benefit from an I-730. You should have a lawyer look into that for you. It seems to me that if you can get your status based on an I-730, that is better than risking trying to win an asylum case. Take care, Jason
Hie jason
Thank you so much this blog has taught me alot of stuff,
I just want to share with the family that my application was aproved..on the 26th of September 2019..
My question is,i included my kids on tha case but when my case was granted they didnt put my children’s names on the approval letter
What can i do which form must i fill,
Thank you so much and to all those that are waiting for thier approval dont loose hope eventually they will reply
Congratulations! As for the children, it depends – if they were listed as dependents on the case (meaning, you included an extra page 9 of the I-589 form signed by each child with the child’s photo – then they should automatically get asylum. If that is the case, you should contact the asylum office and ask about what to do – you can find their contact info if you follow the link at right called Asylum Office Locator. If the children were listed on the case, but were not dependent applicants, you have to file an I-730 form for each child. The form is available at http://www.uscis.gov and must be filed within 2 years of being granted asylum. The I-730 is filed for them if they are in the US or overseas, but how the case will be processed is different depending on where they are. Take care, Jason
Hello Jason, hope this message finds you well.
I applied for asylum 2017, asylum granted sept 2019. I file for GC sept 2020.
I wish to go for vacation(definitely not my home country) I do not have a valid passport my questions are
What option should I choose on form I 131?
Is advance parole same as RTD
Since I do not have a valid passport and do not intend to renew with my country of origin, where will the visa be put ?
My GC application has been pending for 2months, does applying for RTD or advance parole have an effect to my I 485 application?
Thank you.
You need the RTD, which looks like a US passport (but a different color). Not all countries accept the RTD as a passport, but many do. It allows you to travel and return to the US. It has no effect on your I-485. You can try to use the I-485 receipt in lieu of paying for the RTD. That works when the two forms (I-485 and I-131) are filed together, but it does not always work when filed separately. Anyway, you can try that if you want to save the I-131 RTD filing fee. Take care, Jason
Hi Jason,
My family has been interviewed and they have been waiting for the VISA for the past 8 months. I have sent several emails but the response is that it’s under administrative processing. Apart from waiting what are the other possible options to reach out to the consular office. It has been a long delay and I do not understand for what they are waiting.
Thank you,
We see this in some cases. It eventually seems to get worked out, but I have not found an effective way to deal with it. One possibility is to try to get help from your Congressperson – a link to the House and Senate are at right. It sounds like you also Googled the embassy and emailed the consular section. That sometimes generates a response. Those are the things we have tried. I do not know whether a mandamus lawsuit is possible under those circumstances (we wrote about that here on October 2, 2018), but maybe you can talk to a lawyer about that idea. Take care, Jason
Jason, I’m an Asylee & filed to bring my family. My case to bring my family is approved by the USCIS and forwarded to the National Visa Center in New Hampshire. Question: how long does it take for my family to get the visa? What is the consular visa processing time these days? (though it may differ by Embassy/country) Thanks!
It does vary by country, and sometimes there are long delays, but the consular processing part can often be relatively fast – maybe 2 to 4 months. The problem is that it is very unpredictable (like everything else in immigration), and so there is no way to know. Take care, Jason