I’ve never been a big fan of the Martin Niemöller poem about the Nazi era, “First they came…” You know the one:
First they came for the Socialists, and I did not speak out – Because I was not a Socialist,
Then they came for the Jews, and I did not speak out – Because I was not a Jew,
…yadda, yadda, yadda…
Then they came for me – And there was no one left to speak for me.
I have two complaints about this poem. First, it implies that the main reason to “speak out” on behalf of others is self-interest: If I don’t help others, no one will help me. That seems a weak foundation for a system of moral behavior. Second, I don’t think Pastor Niemöller’s basic point—that eventually a malicious government will come for everyone—is convincing to the people who need convincing. Nazi supporters certainly did not think that their government would turn against them. And the fact is, Hitler did not persecute most of the people who stood by his side (he caused them great misery, but that is another story).
Fast forward to our own time, and President Trump’s attacks on non-citizens. Last month, the President announced his opposition to due process of law for asylum seekers: “When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came,” he wrote on Twitter. And a series of new legal, policy, and personnel changes represent clear moves in the direction of weakening due process protections for non-citizens, and making it easier to deny cases—including asylum cases—without a full review of the applicant’s claim.
Why should we be so concerned about due process, you ask? For one thing, due process is a foundational principle of our democracy (and its origins go all the way back to the Magna Charta). The Founding Fathers were rightly concerned about the exercise of government power against individuals. Due process provides a procedural check on that power—the government’s authority cannot be unleashed in a criminal, civil or immigration case without first ensuring that the use of that power is lawful. In the case of non-citizens, the Immigration and Nationality Act (“INA”) provides certain legal rights to non-citizens, including the right to apply for asylum. The Supreme Court has recognized—repeatedly—that aliens are entitled to due process of law before they can be deported.
What does due process look like in the immigration context? The protections afforded to non-citizens vary, depending on many factors, including the type of case, the relief sought, and whether the alien is inside the U.S. or seeking admission at the border. In the asylum context, an alien who is physically present in the United States or at a border has the right to seek asylum. That is the law (specifically INA §208). In most cases, asylum seekers are entitled to a full hearing to evaluate their claims. However, the Trump Administration has been working hard to eliminate due process protections, and reduce the system’s safeguards (for a sobering analysis of the Trump Administration’s degradation of due process for non-citizens, check out this article by the brilliant Jeffrey S. Chase). But thus far, the Trump Administration has not changed the immigration law—that requires an act of Congress.
Assuming that Congress does not act (usually a safe assumption), some measure of due process will remain for all asylum seekers—even those at the border. But of course, reducing due process means increasing the likelihood that legitimate claims will be denied, and that some aliens will be returned to face harm.
All this brings us back to Pastor Neimöller. I have little hope that President Trump’s supporters or Republicans in Congress will have a sudden change of heart, or recognize that when due process protections are reduced for some, those protections are reduced for us all. They seem to believe that while the government might come for non-citizens, it will not come for them. Or in the case of our elected officials, they may know better, but are cowed by the President’s Twitter account. Either way, we can’t expect much help here.
So where does that leave us? Who will speak out?
The primary decision-makers in asylum cases—the people on the front line—are Immigration Judges and Asylum Officers. There are other players, of course: The federal courts, the Board of Immigration Appeals, and USCIS Officers, but in most cases, it will be the IJs and Asylum Officers who determine the applicant’s fate. Here, I do have hope. Despite seeming efforts (probably illegal) by the Justice Department to exclude politically undesirable candidates, most IJs and Asylum Officers are serious people who recognize their duty to the rule of law. They were not hired to rubber stamp the President’s agenda, and most will not do so.
And while I can’t say I am a fan of Pastor Neimöller’s famous quote, I do think he is correct in this sense: When we weaken the legal mechanisms and institutions that protect us from excessive government power, we all become more vulnerable. Perhaps non-citizens are the canaries in the coal mine. As the government seeks to reduce due process protections for them, we should all be concerned. Immigration Judges and Asylum Officers stand on the front line of this fight, and when they do their duty, they protect us all.
Hi Jason,
I hope all is well. Thank you for everything you are doing.
I’m a permanent resident, I have a travel document that is expired for almost a year now(I traveled one time outside of the USA), now I would like to apply for the new one, but I don t really have any plans to travel, since it takes a long time to obtain it, I would like to apply now and have it in case I do need to travel.
My question is what is the best way to fill in the application I-131 and answer the questions like:Date of departure, expected lenght of trip, purpose of travel etc?Will they accept it if I answer Non applicable and explain that I don t have plans yet?
Best, Alek
This can be tricky. I think you can indicate multiple trips and maybe give some potential dates. Don’t make them too soon, as that could cause USCIS to reject the case if the travel date passes while they are processing the case. There is no science to this – but for a Refugee Travel Document or a Re-entry permit, they should just issue it with one year (or in some cases two years). Take care, Jason
Sounds good. Thank you I really appreciate it.
Hi Jason,
Thank you so much for your nonstop support and help .Finally I received my asylum.after receiving asylum I did apply for midecal school at Caribbean island and got admission. My classes will be started at September 2019.I will Attend theory classes at Caribbean and clinical rotation will be in the USA. For going to attend theory classes what I need( my contury passport, traveler documents or green card). My passport is expired.
Thanks,
A Khan
You should get a Refugee Travel Document, form I-131, available at http://www.uscis.gov. This allows you to travel and re-enter the US (though not all countries accept it in lieu of a passport, so you have to check with the country’s embassy). You should also apply for the GC as soon as you are eligible (one year after asylum was granted). The problem is, for people with asylum or a GC, it can be difficult to keep their status if they are spending a lot of time outside the US. I recommend you talk to a lawyer to see how you can best manage to be outside the US and keep your status here. Take care, Jason
Thank you so
Much.
Hi Jason,
Is there any updates in Arlington immigration court? are they hiring new IJ ? It looks like very slow in Arlington.
Thanks.
Several new IJs have started there recently. Some Judge’s have long wait times; others are shorter (maybe about a year, or even less). Take care, Jason
Dear Jason,
When I entered USA I applied for TPS and asylum in 2016. On November 2017 I was granted asylum and I applied for my family the I-730. Today I received a weird notice from Nebraska regarding my TPS case that we are processing your case. What shall I do, do you think I have to write a letter to withdraw my TPS case, is this will hurt my granted asylum case?
I appreciate your reply.
I think you can cancel the TPS case if you have asylum. Maybe you can reply to the USCIS letter and include a copy of the asylum approval. Closing the TPS case should have no effect on your asylum status. Alternatively, you could probably do nothing and just let the TPS expire, which should also be fine. Take care, Jason
hi jason
i applied for asylum in july 16. since January i have been working in a company in the field that i have over 20 yrs experience. this company is expanding the business and they told me they are ok to sponsor me . is that possible ? i entered the us legally in 2016
thanx
You would have to talk to a lawyer about the specifics of your case, but most likely you would need to leave the US to collect the GC. This may be possible, but it depends on the case. If you do try this, you might apply for Advance Parole as a “back up” plan in case you leave the US and for some reason, you cannot get the GC at the embassy overseas. That way, you could return here even if you did not get the GC. But talk to a lawyer to see about whether you can do this without leaving the US, or whether you must leave, and whether that is possible. Take care, Jason
Hello Jason, I’d like to ask you about advance parole. We have a case of pending asylum applied by my husband with our two kids. My question is can we (my kids and me) apply advance parole to go to our country to visit my family. If we get the AP can we go and get back to the USA with AP without any problem on the board? One more question, does it affect our case? I really appreciate your help. Thank you!
I wrote about AP on September 11, 2017. If a dependent (as opposed to principal) asylum seeker travels to the home country, it is normally less damaging to the case than if the principal returns home. However, depending on the case, it certainly could create problems and you would need to explain why you traveled, how you stayed safe, and why it is safe for you to go and not your husband. In short, you are probably better off no going to the home country, but again, that depends on the case and has to be balanced with your need to return. You might talk to a lawyer about the specifics of the situation to better evaluate the risk. Take care, Jason
I filed my case in Miami but now moving to sfo . Would you be able to tell me how to move my case and what I need to do .. how long it take to move case to San Francisco
File an AR-11, available at http://www.uscis.gov, on line. You can then check with the new office to make sure your case has been moved, but it probably takes a month or two for them to understand that they have your case (the physical case file will probably not be moved until the time for the interview). You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason,
I have a question regarding travel while waiting for affirmative asylum interview. I applied for asylum in Dec 2016 and I am still maintaining valid OPT status and have an unexpired F-1 visa. I haven’t received interview notice. I am thinking of travel to Guam or Northern Mariana Islands and return to U.S. mainland afterwards. Can I do that without getting an advance parole since the two islands are considered U.S. territories ?
Thanks for all your work
I think you need AP, as I believe these territories require you to go through customs to come to the mainland. I wrote an article on October 17, 2012 that might be of interest on this topic. Take care, Jason
Thanks Jason 🙂
Hello Jason .
My case was referred to IJ last month. My NTA didnt indicate the MCH date so I have been checking via the 8008987180 no .So I called and it confirmed my name and that my case was already filed but no date had been scheduled . I called today and the system said that my case has not been filed!!!!☹☹
What does that mean , is this normal?
Thanks.
Sometimes, your name is in the system, but you do not yet have a court date. If that is what the system is telling you, it is probably normal. Check once a week and you should receive a court date in the next few months (it could take shorter of longer, depending on the court). Take care, Jason
Hello Jason,
I called today and got my MCH date which is scheduled for August 2018. I guess they were updating the cases or maybe I needed to be patient.
Wish me luck with IJ
Thank you Jason.
Who is your judge? Is this case in Arlington?
I don’t know the name of the judge yet. My case in San Francisco.
Good luck – and hopefully, you can find a lawyer to help you. Take care, Jason
Hi. i need info pass appointment in new york uscis.i try daily but no any date available. i have an urgent work.how i can get appointment?
Try at maybe 12:30 or 1:00 AM. If nothing else works, you can go without an appointment and tell them it is an emergency and you could not get an appointment. Unfortunately, the lack of Info Pass appointments has been a big problem lately. Take care, Jason
Hi Jason
Thabks for replying to evrry questions asked by people like me.
I want to ask you something.
I am having my asylum case pending with asylum office. I am going to marry someone and her case is also pending with office.
If i got my interview and we are married before decision and i can file i730.
But if my case referred to court then what will happen ? Can i still got i 730 if her case is approved by asylum office?
Or i have to follow my court case ?
Thanks you
If you are both asylum seekers with your own cases, and one of you wins, normally you would be able to file an I-730 for the other, even if the other person is in Immigration Court. The one possible exception is if you are ordered deported and then she wins her case (or vice versa). I am not sure whether you would be eligible to benefit from an I-730 in that situation. Take care, Jason
Hi Jason, can I reapply for asylum during removal proceeding? when I applied first time for asylum, I got NOID and after that final denial. after a while the uscis sent me noitce of appear, do you think the IJ know that I had applied for asylum long ago? do you think the IJ will consider that or I need to reapply for asylum before IJ?
thank you so much
Can you please share your timeline? After how many weeks/months did USCIS issue you NOID, and final denial?
If the case was referred by the Asylum Office to the IJ, you can just rely on the referred asylum application. But if the case was denied and you were later placed into removal proceedings, you may need to file a new I-589. If you are not sure, you are probably better off filing a new I-589. You can argue that the prior application for asylum is “extraordinary circumstances” to excuse the one-year asylum filing bar. In any event, if your case is in court, you should try to get a lawyer to help you, and the lawyer can assist with these issues. Take care, Jason
Hi,
I applied for I-485 on 04-17-2017 for me, wife and two kids, Based on one year after granting asylum,
I got the notice, it was written that it is getting processed in Nebraska office,
I tried to contact them as it is out of the normal processing time,
Finally i got an appointment in the local info pass office,
During my visit, the person told me that our cases was transferred to LA Asylum office on March 28th 2018, and it is still pending there,
Any idea why?
My asylum case was in Anaheim office, not LA,
how can i follow up now?
what is the waiting time for that?
Does he means LA immigration? which they process I-485 based on work and family,
Finally, does the new band will effect decision on I-485 as i am from one of the banned countries,
Thank you.
I do not know why, unless maybe there is some issue, such as inconsistency between your I-485 and your asylum application. If your case is (supposedly) in LA, you can contact that office to inquire about what is happening. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). The travel ban should not affect an asylum case, especially one where the case is granted already. Take care, Jason
Hi Jason, thanks for all your feedback on this platform. I got a NOID and a rebuttal has been sent for about 2 weeks now. i am waiting to get a feedback. Could you pls tell me how long it takes to get a feedback , and also what to expect. I am so very nervous. Thanks.
It is unpredictable. Sometimes it comes very quickly; other times it is slow. I would give them at least 2 months, but if there is no answer by then, you can contact them to follow up. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hello Jason, We applied for asylum and no interview yet. I’m with my wife and she is pregnant. Our health insurance provider told us that we can apply for Medical-Access Program through Medi-cal which helps Middle home income pregnant Woman. Please advise if it will affect on asylum application or not. Given below is the Medical-Access Program link for more detail: http://www.dhcs.ca.gov/services/medi-cal/eligibility/Pages/Medi-CalAccessProgram.aspx
I do not know about this program. However, I do not think receiving such a benefit will affect an asylum case. Whether it might one day affect a green card case (assuming you win asylum), I do not know. If this issue is a major concern, you might talk to a lawyer in your state, who may be more familiar with such issues. Also, you might try a non-profit organization, as they often know about such things. I wrote a post with a list of such organizations on September 22, 2016. Take care, Jason
I got a question what happens after you apply your EAD and you’ve received a notice that your application is received and in process, what happens next what should you do?
I am pending since January 22nd, 2018 Houston TX
biometric done in early Feb
no interview notice yet.
There is nothing to do – USCIS should process the request and mail the EAD to your address. Take care, Jason
Thanks, Jason for your help, and do you know when can I have it(EAD)? my application was received on June 20th and notice date 25th. when according to you can I expect it.
Another concern It looks like the new system is still not working in Houston, based on the filling dates I would have had my interview, but I don’t know, how many more months can I wait?
First time EADs take 1 to 4 months, usually. I will post something later today or tomorrow about filing dates and LIFO, so check back. Take care, Jason
Dear Jason,
I’ve filed asylum application in the beginning of March and was happy to know that my interview already took place in early April. Initially, I should have come to the office in 2 weeks to pick up the decision, but the officer gave me a call and told me that it is not ready yet and will be mailed to my address within 3 weeks. After about a month I came to the office in person and the front-desk guy checked my case and told me that it is still processing and I should receive it in about 3 weeks. It’s been 3 months since the interview and there is no indicator of decision yet, and as far as I know, my office is not that busy.
I do know that some people here are waiting for many years, however, I just wanted to check if there are any hints of whether it is a bad or good indicator? I’ve read a few recent datapoints in your blog and the majority of users are receiving the decision (whether good or bad) pretty quick. I don’t come from a country, which is considered by the US government sponsor of terrorism (ridiculous statement), I’m not high profile person, I’m just worried that it takes longer compared to other recent cases. I’d be glad if you can share any insights of why it may be the case.
And I do have one more question. In like 2 weeks I’ll need to file for EAD (it will be about 150 days in August), however, I do have a question. It looks like I have 2 different A-numbers (one is printed on the form which says that my case was accepted and a different one which was the invintation for the interview).
Which one should I use on EAD form?
Thank you very much for your hard work!
Yours sincerely,
John
Such delays are common, and there is no simple explanation (and maybe no explanation at all). I think checking with the asylum office now and again is about all you can do, at least for the time being. Also, I think the delay is no indicator about the outcome. I am concerned if there are two A numbers, though. This could indicate some type of error and maybe that is the source of delay – if you go there again, you should show them the two documents and ask about this. As for the EAD, we normally use the A number on he receipt and the biometric appointment, but if your interview notice has another number, you might want to talk to the asylum office to try to resolve this before filing for the EAD. Take care, Jason
Hi Jason
i was waiting my Asylum decision about 3 years now, i applied my third Ead on May this year.
first when i check it used to show case recieved and it is process now it changed to
(Case Was Updated To Show All Fingerprints Were Taken And Case Is In Process)
what you think it means.
thank you
I think it is basically meaningless – the case is being processed and they do not need to re-do your fingerprints. Hopefully, you get the new card soon. Take care, Jason
Hi Jason
I applied for advanced parole( travel document) since march 2018, I received a note that the submitted document meets the requirements
Then i got a notice that my file transferred from texas office to Nebraska office
I’ve been checking my status amd ut says that this office take from 3.5 to 5.5 month to get a reply
My question is is this leriod of time calculated since my applying date or the transfer date
Presumably, the time is calculated from the filing date. However, these time frames are not very reliable, so it could be longer or (rarely) shorter than the posted time frame. Take care, Jason
Hi Dear jason, have you seen the new uscis memo about using EAD that could lead to loose your status and send the applicant to deportation court? do you think this new policy will be applicable for asylum seeker with lawful status? if they sent that applicant to the court would that court be as same as asylum court?
thanks
SEEKER, can you please post the website for this info regarding the EAD?
Thanks
Could you please tell us in details about the EAD.
The only EAD memo I saw seemed to reduce discrimination protections for people with EADs. There may be other memos out there, but I have not seen anything indicating that people with asylum would lose their status. I doubt that would happen, but without seeing the memo, I do not know,. Take care, Jason
Hello Jason,
I hope you are doing well , I am an asylum applicant with a pending decision for five months and a TPS holder and it has been just extended yesterday . I went to a lwayer to ask about if I have an American company sponsors me for a work visa to change me status and have a GC , he told me that is not going to work because I have a pending Asylum case . And my kids with the travel ban won’t be able to come even if my asylum gets approved . So do you think I can file a petition if my employer will sponsor that I have an MBA or it will be a waste of time and money . I really appreciate everything you are doing , you have been our guide in these dark days
SEEKER, Can you please post the web site for this new info regarding EAD?
Thanks
I do not know if you would need to leave the US to get the GC based on employment sponsorship, and I do not know how the travel ban might affect that sponsorship (or bringing family members based on such a GC). However, the travel ban does not affect asylum applications or I-730 petitions (to bring family members here if you win asylum). Also, a pending asylum case should not affect an employment-based GC application. I do not know the specifics of your case, but if this is what the lawyer told you, I am not sure that the advice is correct, and it might be worthwhile to talk to a different attorney for a second opinion. Take care, Jason
Hello Jason, I’d like to ask you about advance parole and kids. If I receive advance parole for my child could he travel with his grandmother to our country to visit ill grandfather? Now me and my child has pending asylum and our visa is expired. Will the officer let my child to entry the USA with parole but without the parents? His grandmother has B1/B2 visa and she already been to the USA for 2 times. Thank you so much.
I don’t see why the child could not travel under those circumstances, and I have never heard of someone with AP being denied entry. However, I have never tried that for a child before. You may want to have a lawyer double check whether there might be an issue to travel with a grandparent using AP. Also, if the grandparent is denied entry on the B visa, I do not know how they child would travel back here. Take care, Jason
Hi Jason,
First of all thanks for your work in this website. During these 5 years that I’ve been reading it I learned a lot and I really appreciate all the time you spend here.
I have a question:
I’m referred to judge after my interview, I attended the first hearing and they schedule another one in September cause they didn’t have my language speaking interpreter that day.
I’m getting married and I want to know if I can add my spouse to my asylum case? She is currently a F1 student. My lawyer told me that it should be done in next hearing in September and it’s not possible to do it sooner, do you know any way to add her to my case sooner and how long usually will take for her to get her EAD card?
Thanks
I have not added a spouse during a court case, but one thing you will need to do is have her do biometrics (fingerprints). You can probably start that process now – This website has the instructions for getting biometrics: https://www.uscis.gov/laws/immigration-benefits-eoir-removal-proceedings. Whether she can be added to the court case prior to September, I am not sure. It certainly will be easier to do in front of a judge rather than by filing a paper. As for the EAD, if you have yours, she can apply for hers immediately after she is added to the case. Take care, Jason
Hi Jason, I do not know if this has been asked before, but I looked around the blog and could not find it. If your asylum case is denied, and say I went back to my home country. Is there a time limit how long I can go back to US with tourist visa?
There is no time limit (but if you are deported, I believe there is a 10 year bar to returning). However, it will be very difficult to get a new visa to return here. If the case is denied by a judge, and the judge finds that the case was frivolous, there is a lifetime bar to any benefit under the Immigration Law, but that is a pretty rare occurrence. Take care, Jason
Jason, Thanks for all that you do here. You have been a lone, clear voice in the mushy waters of Asylum. My question is; what do you interpret in this article: http://thehill.com/regulation/international/395440-sessions-rescinds-guidance-on-refugees-asylum-seekers-right-to-work.
Does it mean that the government will no longer be issuing EADs to asylum applicants? Please help us understand. Thanks
As far as I know, this does very little. It may make it easier to discriminate against asylees, but it does not affect anyone’s ability to get an EAD. Whether he intends to go after EADs for people with asylum pending, we don’t know. Hopefully not. Take care, Jason
What is the opposite of having the right to work? Is it not having the right to work? Or is it being allowed to work but being unable to claim a right to do it because someone doesn’t like how that sounds?
Evening musings.
Hi Jason, thank you very much for your web site. What would we do without you!
I’d like to ask you about expediting a pending case. I’ve read your article about that and as far as I understood from it I should send a simple letter to USCIS office (my office is in Arlington) with evidences why I need to expedite. But today I found this quote on the law firm’s web site: “Most asylum offices have the option for asylum applicants to file an expedited interview request. Some asylum offices, including Arlington Asylum Office, have specific request forms that need to be filled out, while others accept requests in the form of a simple email”. I was trying to find these specific forms but I couldn’t. Are they existing now? And one more question: how long does it take to get Advanced Parole now? Thank you very much.
Arlington has a form. You can get it in-person or maybe if you email them, they can email it to you. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). I think even if you do not have the form, you can request that they expedite by writing a letter (include name, A number, address, date of birth, country, phone number and email, plus the reason for expediting and any evidence to support the request). As for AP, it seems to take 4 to 6 months, but it is not very predictable. Take care, Jason
Hi Jason / All,
Is there anyone with approve I 730 from Nebraska centre recently? Please can you share your timeline.
Any update on Newark asylum offuce?
They are using LIFO, will update when there will be new things come up.
yes I know that but when they will start the backlog???anyone interviewed from 2016 august??
I’m not sure about backlog.
~Your original question was very vague. It would be help to elaborate the question when asking so that the people can answer with relatively complete information. ~
I am going to post some new data on all the asylum offices in a week or two, so stay tuned. Take care, Jason
Thanks Jason, we look forward for it.
If it helps : Pending from January 9th 2018, Houston Office.
Hi VISH,
have you applied for your EAD?
Quick question what happens after you apply your EAD and you’ve received a notice that your application is received and in process, what happens next?
Jason,
I know that you have to send your I-485 application to a specific lock box or service center, depending on where in the US you live and what status you have at the time of your application for AOS.
What I don’t understand is how they determine which center your I-485 is eventually sent for processing. Take, for example, my friend who recently submitted his I-485. He lives in Brooklyn, NY and is applying under asylee status which means his application would have originally been sent to the USCIS center in Texas. However, his receipt has the Nebraska service center on it.
Do you know how they determine where exactly your application for AOS eventually ends of up for processing? Are the applications randomly assigned to centers?
Thank you for your response.
Hey Jamie,
While I don’t have a reply to your question, I do want to mention that I keep reading on here that Nebraska is the fastest. If this is true, then I guess it’s a good thing his application didn’t get sent to Texas, and I hope ours get sent to Nebraska too when it’s time!
Hey Sara,
Thanks. I am hoping that it gets sent to that center too. I’ve heard that that one is moving the fastest as well. I don’t think you can actually send the application directly to that center, though. 🙁
Didn’t Nebraska handle our (NY) EADs? I don’t remember.
Your friend’s application going there is a good sign, though!
I don’t know, though there seem to be offices that process certain types of forms, and also, it seems that if a particular office is too busy, USCIS sometimes distributes work to other offices. Take care, Jason
Thanks, Jason. It seems kind of random and the amount of resources they have.
Sara, my EAD was processed in Texas.
You’re right. My first one was processed in Texas, and only my child’s first EAD and husband’s second EAD went to Nebraska because of the work load. That’s why I couldn’t remember.
Hi Jason,
Thank you for the good work. I want to ask you one thing, it might be too early to tell though. Jeff Session rescended 24 documents from the Obama era, how do you think this is going to affect asylum applicants already having their EAD?
Regards,
El
As far as I can tell, it will not affect people with an EAD. However, it may make it easier for employers to discriminate against people with EADs, but even that, I am not sure about. Take care, Jason
Jason, so what you’re saying is that it might affect asylees applying for jobs where the employer has requested further proof of work authorization beyond the unrestricted social security card and State I.D.?
And by affect, I mean being discriminated against.
I don’t even think it goes that far – I think it does reduce certain protections that were in the memos concerning discrimination against people with asylum and refugees. In the real world, asylees and refugees tend to be people who do not complain about such discrimination (though there are exceptions of course), and so I think the practical affect of these rescissions in minimal. I think DOJ describes them as housekeeping and eliminating redundant memos. The fear is that this is a first step towards something worse. We shall see. Take care, Jason
Got it. Thank you for your reply, Jason.
You know what’s funny about all of this? They are punishing people who use government benefits but at the same time, want to prevent authorized people from working so they have no choice but to run to the government for assistance. If I am not mistaken, the law allows for asylees to seek government assistance. Now, why the hell would you make it more difficult for asylees, refugees and asylum applicants to work hard and make their own money?
Secondly, it most countries that provide refugee protection, there is usually a system in place, provided by the government, that help asylum seekers with housing, food, and their basic needs. In the US, there is no such thing. You must win asylum first; even after you’ve won asylum, the benefits must be accessed almost immediately as they are time-sensitive.
Third, why is Sessions going after some of the most vulnerable people in the world? Does he know that fewer than 30,000 people are granted asylum in the US each year? This is just a fraction of a fraction of the number of people who actually immigrate to the US each year! Perhaps he needs to start focusing on the fake marriages and fraud in the other immigration categories and leave vulnerable, displaced and sometimes helpless people. Is it because the protection we seek is discretionary rather than entitlement relief, thus making us the easiest fruits on the tree to reach?
It’s good material for the next We-Hate-Immigrants rally. They’re still having those, by the way.
“Today we took away some protections from the people who came to us seeking protection. Are you not entertained!???” And the crowd goes wild.
I agree, but manufacturing fake crises that they can then blame on refugees is part of the pattern, so it is no surprise. They have identified a problem (asylum seekers and refugees) based on prejudice and fear, not facts. And so applying logic to a situation that has nothing to do with facts or truth is very frustrating. I suppose we must keeping trying though…
Happy July 4 Jason. I am so excited to see you. I have a small question of curiosity. My coworker was interviewed almost 4 months after me but USCIS decided on his case which was referred to an immigration judge. Further, we were both interviewed in a circuit ride and our cases had been pending in the same office. Is that common or do I still have unresolved issues? Waiting 19 months after interview is getting unbearable
It is common – we often see two people who are about the same case and one person’s case is quick while another’s is slow, and it seems unrelated to the outcome. Hopefully, you get a good result soon. Take care, Jason
Thanks Jason for the upgraded and fancy asylumist.com. I particularly love the ‘reply’ feature.
I get not credit for this. I am not good with change, but the platform was outdated, so I had to make a change (or have my people do it for me). There is still more work to be done, and hopefully we’ll get to that soon. Take care, Jason
Hello Jason, thank you for this very helpfully site.
I have been recommended for Approval (asylum). With the recommended Approval letter I applied for I-765. I received a Denied notice explained that I have to wait 150 days although I have been recommended for Approval. I know it is a mistake from USCIS. Now, I want to submit a new I-765. Do I need to send the fee as the previous one had been denied?
Thanks for your reply
I think you do not need the fee. However, you should explain to them what happened the first time. I think the RA letter indicates eligibility for a work permit. If so, I would include a copy of the letter and circle/highlight the relevant language. Good luck, Jason
DESCHAMPS and Jason, if an asylum applicant wins “recommended approval” after his/her asylum interview, he/she can file for an EAD even if, as is generally the case, fewer than 150 days have elapsed since filing. However, the applicant is not permitted to work unless he/she has received a valid EAD.
Since it’s an error on USCIS’ part, perhaps DESCHAMPS can go to the USCIS website and use their website, or any other rule/law, as reference when re-submitting the application for employment authorization.
With an AR, you are not required to wait at least or more than 150 days to apply for EAD. Thus, you would have been wrongly denied and your money taken for nothing. This therefore means that you need not submit another application fee. If you can afford to re-submit the fee, and you don’t want to delay getting your EAD, you may opt to send a new application fee.
“With an RA…”
Hello Jamie, there is a little nuance in my case (my case is not common). I think that I read somewhere that in case of EAD in c8 category only the first application is free. Indeed, for my case the fact is I didn’t send any fee the first time I filed out the I-765 in May (as I didn’t have to pay fee for the First Time as RA).
As I told you the denied was a mistake from the side of USCIS because with RA that I send with my application I dint have to wait 150 as it is indicated in the RA that I got. Now, after the first I-765 (sent without fee) has been denied, I will submit a new or second I-765 do I have to send a fee because it is second time I apply for I-765 or Do I have to request a waiver because it will be the second time I submit an I-765. I don’t really know if the second I-765 will be still free in this specific case because the denial of the first I-765 was a mistake from the USCIS.
Thank you Jason, there is a little nuance in my case (my case is not common); I would like to have more precision from you please. I think that I read somewhere that in case of EAD in c8 category only the first application is free. Indeed, for my case the fact is I didn’t send any fee the first time I filed out the I-765 in May (as I didn’t have to pay fee for the First Time as RA).
As I told you the denied was a mistake from the side of USCIS because with RA that I send with my application I dint have to wait 150 as it is indicated in the RA that I got. Now, after the first I-765 (sent without fee) has been denied, I will submit a new or second I-765 do I have to send a fee because it is second time I apply for I-765 or Do I have to request a waiver because it will be the second time I submit an I-765. Is the second one is free in this specific case?
Thank in Advance for your reply. Deschamps
I think you can argue that it should be free since it is their error. You might try going to a USCIS office to inquire in person about this. You can make an appointment using INFO Pass – a link is at right (under Asylum Seeker Resources). On the other hand, if you pay the fee, it might the process faster, since the case will be more “normal” that way. I would try to avoid the fee, though, and it is at least worth trying to get an INFO Pass appointment or calling USCIS to see if there is anything more to be done. Take care, Jason
Thank you. I will apply your advice and let you know what happen after.
I appreciate that you like your attorney. However, as I mentioned, this website cannot be used as a platform for advertising for another law firm, especially one that I know nothing about. Please stop posting multiple recommendations for your lawyer. I will remove all such postings. Once I allow something like that, it will create a huge mess, and that is not something I can allow. Thank you, Jason
I would like to share my asylum experience with everyone here. It was a rough road.
Filed asylum: March 2016
Placed my case on short list: April 2016 – Thanks to Jason who gave me this idea from his blog
Interview: March 2017
Approval: April 2017
Applied for GC: April 2018
Fingerprint review completed: May 2018
Requested for expedition: May 2018
Expedition approved: June 2018
GC in hand: June 2018
I must say that because of Jason and Asylumist.com I was able to do all this on my own without any lawyer. It is also very important for me to mention that during my whole process, I found USCIS very co-operative towards all the requests I made. Sometimes I had to file same request 2,3 times (sometimes it just vanish as it never existed) however, I think if one keeps trying and learn how to talk to them, there is a good hope to get things moving. I will be more than happy to answer any questions about my case here or if someone wants, can email me at: kadown89@gmail.com. Thank you again to everyone and Jason especially!
What was the base for your GC expedition? Thank you a lot for this info.
Congratulations and thank you for sharing the timeline. Take care, Jason
What was the base for your GC expedition? Thank you a lot for this info.
Me and my Friend have applied for asylum in the beginning of Mars 2018. We have been interviewed one month later. Two months later, my friend has been granted and I have been recommended for Approval. Thank a lot for Advices of JASON DZUBOW and Robert B. Jobe
[redacted – we do not allow links to other law firms]
Thank you. Sorry to remove part of your comment, but I cannot allow links to other law firms on this website. As soon as I do that, other lawyers may start putting links here, and there will be no end to it, and no way to know whether those attorneys are any good. Congrats on the RA. Hopefully you have the final approval soon, Jason
Hi Jason,
I have my interview coming up next Friday. I’m very nervous about even though I have a lawyer because he is not an immigration attorney. My question is, after the interview, if they decide that I can’t stay, how long does the appeal process take? Do you have an average on that? I haven’t really been able to find any info about that anywhere. Looking forward to your response,
-J
If you have no other immigration status and your case is denied, it will be sent to court. That process usually takes 1 to 3 years. So if the asylum office does not grant, you will not have to leave so quickly. I wrote about this issue on March 7, 2018. Take care, Jason
Hi Jason,
Thanks again.
I have just been referred to IJ. The decision states something to the effect that the AO is not convinced that I can’t relocate somewhere else in my country. I now need to find a lawyer to help me with my case.
My question is what happens now that I had applied for EAD after 150 days which was June 4th. Should I still expect to receive the ead? I need to figure out how to pay a lawyer.
You should receive the EAD normally. Sorry for the referral, and good luck with the case. Take care, Jason
I am not Jason, but I remember that Jason wrote an article about a similar topic. A client of his checked “no” on a question he answered yes on his asylum application/interview. That caused the application to be rejected and caused major problems. My recommendation is to at least inspect every paperwork that was sent to the USCIS including the i-589 and make sure nothing is inconsistent with the green card application. The reason most people make these mistakes is because of tough wording of the questions, and also answering questions when the applicants don’t understand what they exactly mean. So if your english is poor I would consult a lawyer.
Hey Jason,
I am really glad the blog is back online! I was sad to see it was offline for a few days. Your work here is invaluable so please keep posting on the blog, especially in these dark times for immigrants in the US. I have quite a bit of a situation I would like share with you. So I was granted asylum back in April 2018. towards the early part of the month. The only issue is I never received the EAD associated with the asylum case to this day. Is that normal? It seems that the asylum letter it says 14 days after grant I should receive it. Is it normal to take this long? If no what sort of steps I should take? The asylum office is just not responsive to any inquires I have made. USCIS costumer service phone line say that the process time is up to six months, and won’t do anything until that threshold is met.
Thanks Jason!
sometimes if your previous pre-interview ead is not near to expiry they don’t bother to send a new one. For my case I got approval in 2017 but my pre interview ead was valid till 2021 so they never sent me a new one even it says online that new card was requested for me.
My husband’s EAD barely had any mileage on it and they still sent him a new A05.
It’s possible that this differs from one office to another. I guess.
I have heard about this from others as well (including one of my clients who received asylum in Texas). I think the best approach is to contact the asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If that is not working, maybe you can try going there in person to ask about the EAD. You can also try making an INFO Pass appointment and going in person to ask USCIS. Maybe it is just slower these days; I do not know. The fact is, if you have your I-94 and asylum approval, you actually do not need an EAD to work (though few employers seem to know this). I am not sure what else to do – maybe see whether a Congress person’s office can help? Take care, Jason
That’s probably because they messed up everyone’s EADs (and GCs). I received mine with multiple errors. Called them and was told:
First call: You need to apply for a replacement.
Second call: Wait. We’ll call you back and let you know what to do.
Third call (they call back): Yeah, just order a replacement.
Then I read an article online that they’re recalling the EADs with errors and sure enough, receive a letter telling me to send back mine for them to issue a replacement.
Maybe that’s the reason behind the delay with yours. I do find it weird that they said processing time is 6 months. When I called the NY office after mine didn’t arrive in 14 days, they said it takes 30 days and I did receive it in 30.
Call them again and hope you reach someone who is better informed and is not having a bad day?
Good luck!
Hi Jason,
The attorney general just announced that the DOJ is rescinding 24 guidance documents which are used to help interpret and explain federal laws including the right of asylum seekers and refugees to work. So what does this mean? EAD won’t be issued anymore and asylum seekers won’t be able to work while their cases are pending?
Actually, the document he rescinded is about refugees and asylees. Every article on the subject says “asylum seekers”, but the document refers to refugees and people granted asylum. There’s a link to it in this article: https://www.google.com/amp/thehill.com/regulation/international/395440-sessions-rescinds-guidance-on-refugees-asylum-seekers-right-to-work%3Famp
No idea what he’s proposing instead. So we don’t have the right to work and……? Now what?
You have to admire all the hard work he’s putting into making our lives harder. A+ for dedication.
These change may make it easier to discriminate against asylees and refugees, but he does not have the power to block such people from working (at least as far as I know, this is part of the statute). He does get an A+ for harming vulnerable people, though. Take care, Jason
Yeah, what is he going to do: confiscate my unrestricted SS cards and State IDs? 😏
If he tries to go after people who are newly granted asylum, these people will still be able to work with the A05 EADs until they get their GCs.
hi Jason. After rescinded guidelines by AG. people granted asylum are still eligible for work or not? Plz guide me thanks
Yes, they can still work. Take care, Jason
Hi Jason. My question is about that change by AG. I didn’t understand what is that mean. Iam asylee so I have ead and SS So after this decision can I work. Because I was granted asylum 6 months ago so I will apply for GC after six months so that thing is affect on asylum based GC or no. And I also apply I 730 for my family. So that AG decision to rescinded guidance have some affect on these applications? Thanks advance for your reply.
As far as I know, what the AG did will have no effect on you, your ability to work, or your ability to bring family members to the US. Take care, Jason
I think the worst case scenario is that people granted asylum may be denied unrestricted social security cards, and will have to work with the A05 EAD until they adjust their status (GC).
So no biggie. We get our freebie EADs that are valid for 2 years which is enough time to carry us through to the GC, and keep our RIGHT to work. He’s mostly hating on the words “right and “indefinitely”.
As for the citizen-only jobs part…I’m not sure any of us want to work these types of employers anyway. Let them put up “citizens only” signs and face the music 🎶.
We’re going to be ok.
gh, and face up. This meanness has pushed me out of my comfort zone. whatever it takes, I am here to stay. Guys be strong. This too SHALL PASS!
We need you to stay. Even if some think keeping asylum seekers out will make America great, they are wrong. Without you, we are not great because we are not good. In fact, we probably need you more than you need us, we just don’t understand that. Take care, Jason
I do think this affects people with asylum pending. Supposedly, it is mostly just housekeeping, but many of the withdrawn memos seem to me related to preventing discrimination against refugees or people with asylum. My fear is that he is laying the groundwork for something worse, but we will just have to wait and see. Take care, Jason
Hi Jason , I was approved asylum in the US last year . Now I am getting my paperwork together to apply for a permanent resident card . I haven’t left the country this past year , I’ve maintained a full time job for the past 5 years that I’ve been in the US actually , never broke the law . With these new implementations do you think it will be harder to be able to get a green card even through my case was approved , and on my approval letter it says asylum granted for an unconditional period (or something like that ). I live in California btw. Now last year I did hire a law firm to help me with the asylum interview , everything went fine . Do you think it is necessary for me to hire another lawyer to help me send in my paperwork for my green card ? Hopefully you find the time to answer my question, I am sure there are a lot of out there wondering the same thing , especially since an immigration lawyer is not cheap 🙁 . I’ve been a fan of your blog ever since I moved to this country and I am excited for the new format . Thank you and have a wonderful day !
If you have no criminal or immigration problems, you should be able to do the I-485 application without a lawyer. When you pay for the I-485, you can also use that same payment to get a new EAD and/or a Refugee Travel Document if you want. Just be careful completing the forms (I wrote a post on November 13, 2017 that might help). Also, if the fee is too much, you can try a fee waiver, using form I-912, available at http://www.uscis.gov. Take care, Jason