The Department of Homeland Security (“DHS”) has proposed a new rule, which seeks to block anyone who is likely to become a public charge from immigrating to the United States. DHS justifies the new rule, in part, based on history–
The term “public charge” as applied to admission of aliens to the United States has a long history in U.S. immigration law, appearing at least as far back as the Immigration Act of 1882. In the late 19th and early 20th centuries public charge was the most common ground for refusing admission at U.S. ports of entry.
This seems an odd precedent to cite, since the same Congress, three months earlier, also passed the racist Chinese Exclusion Act of 1882, which blocked the immigration of most Chinese nationals to the United States. In addition, in the same breathe that Congress enacted the public charge requirement, it also blocked anyone who was a “convict, lunatic [or] idiot.” So I’m not sure that historic pedigree is the best justification for DHS’s new rule (on the other hand, if convicts, lunatics, and idiots were blocked from government service, I don’t think anyone would be left in the Trump Administration).
A second reason for the new rule, according to DHS Secretary and patron of Caucasian restaurants Kirstjen Nielson is to “promote immigrant self-sufficiency and protect finite resources by ensuring that they are not likely to become burdens on American taxpayers.” I suppose it supports self-sufficiency to force would-be immigrants to choose between feeding their children and remaining in the U.S., but perhaps there are more humane ways to encourage non-citizens to become self-reliant. Finally, the tax-payer argument is not too convincing either, given that most credible studies show that immigrants contribute more to the economy than they take (this, despite the Trump Administration’s effort to suppress such information).
Whether or not the new rule is justified, DHS seems set to forge ahead, and so here I want to discuss how the proposed rule would affect humanitarian immigrants to the United States. The short answer is that asylum seekers, asylees, and refugees are exempted by statute from the public charge requirement, and so they are not affected by the new rule. Also, since the rule would not apply to people with a Green Card seeking to naturalize, asylees and refugees who adjust status and become lawful permanent residents (Green Card holders) would not be affected by the rule. In sum, if you are an asylum seeker, asylee or refugee, or if you have obtained your Green Card based on one of those categories, the new rule does not affect you.
That’s the good news. The bad news is that the new rule will affect many other categories of immigrants and non-immigrants, including people who are inside the United States and who wish to extend or change their status, or who wish to adjust status and obtain their Green Cards. Some people–including people who received public benefits or who are, in the opinion of the U.S. government, likely to require such benefits, or people who have previously requested a fee waiver from USCIS–may be blocked outright from entering or remaining lawfully in the United States. Other people will be deterred by the new rule’s increased costs and wait times. Indeed, the proposed rule makes clear that implementing the public charge requirements will increase costs on aliens seeking to immigrate or visit the United States. These costs will be monetary, since it seems that processing fees will be going up. There will also be additional costs in the form of delay, since adjudicating public charge cases will take time. Whether humanitarian immigrants will be indirectly affected by these costs (in the form of higher overall fees and wait times), we will have to wait and see.
President Trump was elected to reduce immigration, and the new rule is another step in that direction. In this sense, the President is simply doing what he was elected to do. However, in another sense, it’s difficult to escape the fact that the new rule is racially tinged. Like the poll taxes and literacy tests before it, the proposed rule is facially neutral, but there is little doubt who will be most affected: Immigrants of color and their families.
Of course, we can expect the new rule to face legal challenges. However, unlike facially neutral laws to disenfranchise minority voters, immigrants have fewer legal protections, and so the likelihood of a successful court challenge is unclear.
In any event, the proposed rule has not yet gone into effect. DHS has released a draft of the rule (last Saturday) and will publish it in the federal register. Once that happens, we will enter a “comment period” when members of the public (including you) can make our views known. For now, information on how to submit comments can be found on page 2 of the proposed rule.
Barring a successful court challenge, I expect the proposed rule will be implemented largely as written. If so, many immigrants and their families, as well as our nation, will be harmed. The silver lining for asylum seekers, asylees, and refugees is that the rule will not affect them. These days, I suppose we have to take our good news where we find it.
Hi Jason,
Regarding the recently announced changes to the “public charge” rule by the Department of Homeland Security, can you please give us an update if and how it would impact asylum seekers?
Thanks a lot.
Asylum seekers are not affected (per the statute, which exempts asylum seekers from the public charge rules). I also think that the public charge rules do not apply to GC people seeking citizenship, but I am not sure about that, and so if you get a GC, you would need to check that. Take care, Jason
Thank you very much Jason. Just to clarify your comment about Green Cards, the problem may impact GC holders if they receive public benefits after they receive their GC, right? So, an asylum seeker can safely benefit from public programs before their hearing and after their asylum application is accepted and until they receive a GC, right? Their use of public benefit during this period (until they receive their GC) won’t impact their path to citizenship, right? (I used so many “right”s, sorry:-)
The above article was about the proposed reg, and I have not had a chance to review the actual regulation, so I am not sure. But my understanding is that the public charge rule does not affect green card holders who are seeking to naturalize. I do think you would want to be certain about this, as you don’t want to run into trouble. Once I have chance to review the rule, I will share what I know. Take care, Jason
Hi Jason,
I filled 485 and 765 under a5 category.
I thought no fees for 765 as it is included in 485 fees. But 765 was rejected due to inappropriate fees.
My 765 will expeire in June 2019.
I fill 765 under c9, no fees required. But in 765 filling instructions
”If you are an asylee and have applied under INA section 209 to adjust to lawful permanent resident status using Form I-485, file Form I-765 under category (a)(5) as an asylee. Do not file Form I-765 under eligibility category (c)(9) as an INA section 245 adjustment applicant.”
What shall I do now?
Resubmit 765 with the fees or wait two months before it’s expired?
We used to do it as you did and it was fine, but then we had this same problem some months ago. Since then, we file under category a5 and pay the fee. That is what you will need to do also, but you should get the EAD (and the automatic extension), so that is the good news. Take care, Jason
Thank you Jason,
My current EAD is under c8, when I filled the new EAD, it should be initial because it under different category “a5” or extended because I already have one. Thank you for your reply
Mo, do not refile and pay: the regulations are absolutely clear that ANY I-765 filed while an I-485 is pending incurs no additional fee. The problem has been that the Lockbox staff have been confused because the I-765 instructions are not as clear as they could be. But I have had personal assurances from Marcia, a Lockbox supervisor, that if you bring your situation to her attention, she will see that you get your EAD without charge. Send a copy of your I-765 and your denial notice by email to lockboxsupport@uscis.dhs.gov with your receipt number and ATT’N MARCIA in the re line and explain that you have been wrongly denied for failure to pay an additional fee. She will see that you get your EAD.
Thank you Mike,
The problem is with the category a5 or c9. If you put c9 there is no fees but a5 needs fees. The USCIS said if you are Ashlee and apply for 485, you should put a5 where you should add the 765 fees. Jason can correct me if I am wrong. Anyway I sent email and waiting for their reply.
A5 is the correct category. You shouldn’t need to use c9 (which applies only to those adjusting under INA 240i; asylees adjust under INA 209) in order to have your I-765 accepted without fee if you have a pending I-485.
I really do not know. We used to file the I-485 and the I-765 for asylees and not pay the fee. Then we got a rejection, and so now we have been paying the fee. The problem is that there are many changes these days and also, USCIS is making many mistakes. It is difficult to know what is a policy change and what is a mistake. Very annoying. Let us know if they can help you. Thank you, Jason
Thank you – It is very frustrating that we keep receiving conflicting information about the various applications and procedures. Hopefully, she can help. Take care, Jason
If you are filing under a new category, it is not a renewal; it is an initial application. However, I think you do need to list the old EAD on the I-765. Take care, Jason
Hi Jason, Thank you for your good work. Recently my case status for I-730 petition have been updated to Transferred your case to another USCIS office. I’ve couple of question as follows
1. Did you see any of your client got interview for I-730 petition who are living in US?
2. “National Benefits Center(NBC’s) primary mission is to prepare applications for adjudication that require an interview at a USCIS Field Office”. Is the above statement 100% true irrespective of the application type?
1 – If they are in the US, they should be interviewed. We filed a case like that a few months ago, but we have not done an I-730 for someone in the US for some time, so my memory on that point is a bit hazy. 2 – The NBC processes USCIS cases. Whether it only processes cases that require an interview in a field office, I do not know. Take care, Jason
Thanks for your response. I got an update from USCIS that they have scheduled my I-730 interview next month on 30th in US. I didn’t see anyone having the I-730 interview in US on this blog. I’ve few questions as follows
1. What can I expect in the interview ?
2. Are they going to conduct the interview in separate rooms for both me and my husband?
3. Is this interview gonna be same like an Asylum interview?
4. Will there be any impact on my husband Asylee status based on my performance?
5. How long the interview will be?
6. When can I expect the decision? On same day ?
Did anyone had any interview experience for I-730 in US? Please share it?
The interview is not to determine whether you have a fear of harm (though you should have an idea about why the principal applicant received asylum). It is to determine whether you are eligible for the I-730 benefit – so they will ask about your relationship to the principal applicant, and want to see original documents on that point (they should send you a list of documents to bring). I do not know whether you both will be there at the same time (maybe if you are in the US, this can happen) or how long the interview will be. I would not expect a decision that day, but typically, it does not take too long for the decision (though there are sometimes exceptions where it does take a long time). Take care, Jason
Thank you for your reply. They asked me to bring the documents to show my relationship is bonified which I already have it. I’m kind of little nervous after all the stuff happening with the Asylum applicants. I am keeping my fingers crossed, will do my best in the interview and I hope I will update you guys with the good news!
Thank you again for your good work.
How long have you wait before receiving interview notice? Is that interview for both principle and you?
I’ve waited for 3 weeks to get the interview notice. Yes, it say we both have to appear for interview.
Thank you for your response.
Please share your experience from interview after the interview. Your response would help many people who have no idea and are very stressed.
Hi Charm,
First, I really wish you best of luck with your interview today. I guess you are the only one in this blog that will tell us about your I-730 interview experience in the USA.
I will be very much excited and interested in knowing your experience.
Thank you.
Thank you all for your support. Me and my husband went to an I-730 interview. The Adjudication officer called our name then we went in and sworn in. Officer started looking into our applications, requested for both of our original Birth certificate, marriage certificate and then started the interview with my husband asking his personal details and how, when and where we met and asked how long we been together. He asked for the photo album if we have any but thank god we took the photo album with us which was around 500 photos in it. The officer started rolling the photos and parallel asked the questions to me about my personal details, about the traveling together and requested us to hand some photos from album. We took around 10 photos and gave it to him. He returned our original documents and said you are done with your interview, I will get back to ASAP.
The interview lasted about 45 mins. Everything went well and hoping for good news.
Thank you so much for updating everyone here about your I-730 Interview. We pray for the best result and God will help you!
Please update us about your good news!
Thank you all for your prayers. Yesterday we received a Approval letter for the I-730 petition. In the receipt it says that “forwarded to Department of state national visa center.
it’s say “DOJ will notify to US Embassy or consulate……..”
I’m not sure why they are doing it when I’m already in US? Or
Whether its the standard template On a approval notice for I-730 Not sure?
Jason quick questions,
1. am I going to receive any thing in the mail or just that approval notice ?
2. I already have the EAD through my asylum case which is still valid. Do you think I’m going to receive a new EAD with different category ?3. can I still use my asylum EAD if I don’t get any new EAD based on my I-730 approval?
When you filled the form I-730, did it indicate that the beneficiary is in the US? If you are in the US, you should get an I-94 indicating that you have asylum. If you did not get that, USCIS may think you are outside the US. In that case, contact USCIS and tell them. You can try calling (the phone number is at http://www.uscis.gov) or making an Info Pass appointment (a link is at right). Also, you may want to contact the asylum office that has your case and inform them about the approval. As for the EAD, I am not sure. If an I-730 is approved and the person is in the US, they should get an EAD. Take care, Jason
Yes, we have indicated that the beneficiary is in the US. I’m not sure which asylum office has my case. Do I have check to my local asylum office ?
The I-730 receipt should indicate which office has the case. Take care, Jason
I went to my local asylum office and they said they don’t have anything to do as it was approved by USCIS office and asked to talk to them (NBC). When I talked to USCIS customer service, they asked me to wait for one month which will be this week and no updates till now. I’m not sure how to apply for unrestricted SSN as they need either I-94 or EAD which I don’t have. I’m not sure what to do? Any advice?
You may need to contact the Social Security Office to give you an SSN. Once you have the new EAD, you should be able to do that. As for the wait time, I would give them a couple extra weeks, given the holidays slow things down. Take care, Jason
Hi Jason,
I didn’t get anything in mail and I talked to asylum officers, customer services (everyday) and the field officers and no one knows what’s going on with my I-94 card and my local field office is not accepting walk ins and info pass appointment. I applied for EAD but showing the processing time of 3-6months. I don’t know what to do now?
The Info Pass system is a real mess. Maybe you want to try to go anyway and see if you can talk your way in? My guess is that if you give them some time, you will receive the I-94. They are very slow these days. One other easy option is to contact the USCIS Ombudsman – a link is at right. They can sometimes help with delayed cases and they are free, and your situation seems like the type of case where they might be able to assist. Take care, Jason
I tried USCIS Ombudsman but it was unavailable because of the shutdown. I tried customer service number and at last after making couple of appointments at my local USCIS field office, I got my I-94 card and very excited.
Thank you Jason and All for the information and help your guys did is amazing.
Glad to hear that once in a while, something works. Thank you for letting us know, Jason
Hi Charm,
Have you received your EAD?
Sorry for the delay, just saw your message. It’s more than two months I have applied for EAD (A05) but no update yet. I’m not sure when to expect but the processing time shows 3-5 months.
Hi Charm,
I searched the entire forum and you are the only person interviewed in the USA for I-730. I really want to know your experience was post interview.
Did you have any online status change after the interview? In my case the online status changed to ” Interview was completed and my case must be reviewed”. Have you had the same online status change after the interview? If so, how long after this the online status changed to approved?
Your response is very much appreciated.
[…] Public Benefits Recipients (ImmigrationProf Blog, Sept. 2018) [text]– See also related Asylumist and Immigration Impact blog […]
Jason,
Thanks for all your help. I educated myself with your blog on much a sleepless night. Today I found out I won asylum! I can hardly believe it. The world seems a little brighter.
For those wondering, here is my timeline:
Applied Sept 2016
Interview July 2018
Got notice of approval Oct 10 2018
Best of luck to all of you!
Thank you for sharing this news and Congratulations! I wrote a post on May 16, 2018 that might be helpful. Otherwise, best of luck to you in the USA! Take care, Jason
Thank you for sharing the good news. Do you mind telling us
1)where you applied
2)Was you case expedited?
Jason, thanks for the valuable input info that you gave to all of asylum seekers, whom are suffering too much
hello everyone
what is the situation of Newark office?are they processing any case from the backlog…I applied in aug 2016
I’m waiting too as I’ve applied on June 2017 in Newark office.
We have not had a backlog case interviewed there is some time. However, they are doing LIFO – we have a new case scheduled for an interview this month. Take care, Jason
Quick ques:
I hv an approved asylum case. I am trying to apply for green card now. It says that we need one year residenency. How can I prove tht ?would mobile phone bill suffice ? Or What are the acceptable documents to prove 1 year residence in US?
Thank you!!
Normally, you do not need to prove that. If you have not left the US, and have been here the whole time, you have the one year of residency. I suppose if you need to prove it, the best evidence are employment or school documents, tax documents, lease or mortgage, bills (like the phone bill, though bills related to your residence, such as a water or electric bill, are probably better), letters from people who know you and can attest that you have lived in the US during the whole year. Take care, Jason
Hello Jason,
Can you write somthing about visa administration proccssing in your blog.
My wife had interview 5 month ago she is waiting for response from consular. I contact congress office it was not helpful.
Hi Sam,
Is this related to I -730? If so please share your timeline after you get approval from USCIS to NVC and then NVC to consular? Please.
Hopefully your wife will hear from them soon.
Thanks
Hi Cathy,
Yes it is base on I 730 the approval gaven in January 2018.
After interview in US Embassy its 5 and 1/2 months wait there is no visa issuance still in administrative processing. Base on information in state department site it takes 60 days to solve administrative process.
It’s not my area. I don’t like consular processing and I do everything I can do avoid such cases. So I think I am not the person to write such a post. There are many immigration blogs, so maybe you could find something out there. Take care, Jason
Hello Jason. Thank you for your amazing blog. I have a question, although I’ve applied for asylum just 1 year ago, seeing all this situation, I lost my hope, I don’t know how long will I wait and what will happen next. My question is – can I immigrate to Canada while my case is pending, did you have clients like this? I mean do USA and Canada share this kind of information? I want to apply for work visa, but I’m afraid my case here will damage my chances with Canada. Thank you.
The countries do share info, and so you need to be careful about going there to seek asylum. That said, it is possible, and I’ve had a few clients do it. Talk to a lawyer in Canada before you go, to ask about the process there and how your case here will affect that. Take care, Jason
Hi Jason,
I received a notice from the asylum office saying that I missed my interview. However, I never received the interview notice. I contacted the asylum office (Chicago), explained the situation and they ended up accepting to re-schedule the interview. It’s been now 2 weeks since I received the e0mail from them saying that they have accepted to re-schedule the interview. My question is: Do re-scheduled interviews go way back in the backlog or are they re-scheduled with priority ? Thanks.
PS: I filed in July 15 2018
You should get a notice soon – rescheduled cases are supposed to be the first priority. If you do not have any news in a week, I would email them again (also, maybe verify that they have your correct address). Take care, Jason
Hi Dear Jason I have some questions first of all, I grantied my asylum case at July 2017 and I apply for my greencard at August 2018 and waiting for green card my asylum office is in Texas and the processing time for getting green card is 14 to 28 months , is that correct ? Do you know about processing time ? I mean I should waite another 2 years for getting Green card I applied in 2013 it means 8 years of my life
Secound one is my EAD expire at June 2019, should I re apply it again when I m waiting for my green card and have notice of action?
And third one is , is it possible they decline our case when We approved more than one year ago and send me to the court?
Thanks
The processing times are not always accurate, but that is the only real info we have. We have seen asylees get their GCs in about a year, but that does not always happen. For the EAD, you will have to apply under category a5, which gives you an automatic extension once you have the receipt, so you can probably wait until a month or two before the EAD expires before applying to renew. Hopefully, you will have the GC by then, though based on the processing times, that may be unlikely. I suppose it is possible to decline the GC case, but normally that would only happen if you commit a crime or if they have info that your asylum case was false. Take care, Jason
Dear Jason,
I feel you are a part of family now 🙂 whenver I stumble I come to you. Thans 🙂
I have a 2 questions:
1- For FEmal genital Multitation asylum cases, how these cases are evualted by officers. Or what do they look for to validate the claim ?
2- how long it takes for asylee ( right after approval) to bring child under 21 years to the USA ?
Thank you
1 – They ask you about the FGM and how it has affected your life. Also, of course, you would want to get a medical exam verifying that you are a victim of FGM. 2 – You would have to check the processing time for the form I-730, which you can find at http://www.uscis.gov. Overall, the process probably takes a year or a few months more for most people, but there are exceptions slower and faster. Take care, Jason
Hi Jason! Kindly tell what could be the reason of date being changed from January 2018 to November 2017 for follow to join asylee relative i-730 on the website? Too much worried. Plz reply.
These arbitrary changes seem to happen sometimes. I do not think it is something to worry about, but I do not know the reason for the change. Take care, Jason
Thanks Jason for prompt reply. But does this not mean that if our case was going to be heard in 20 days is now basically pushed to 3 months?
Possibly, but the time frame they post is a general guideline that does not apply to all cases, and so there is no way to predict for sure when you will get a decision. Hopefully, it will be soon. Take care, Jason
Hi Jason,
Thank you for everything you do for asylum seekers.
I have been interviewed in January 2018 San Francisco office and waiting for a decision since then. Whenever I ask them for a result thier response is the standard “decision has not been made on your case we will mail you when available”
Is this normal? What can i do to get my decision I waited more than 2 years for interview and this is becoming very difficult for me. Please advise me.
Thanks
If the inquires are not working, you can try the USCIS Ombudsman – a link is at right. If that fails, you can file a mandamus lawsuit. I plan to post something about that later this week – so check back. Take care, Jason
We were checking out i730 status on gov website for nebraska. For whole 9 days it was showing dates 21st January till 30 January 2018 cases were being completed. All of sudden two days back the date on their page has changed to 20th November 2017. How come they went backward? I checked and same was the case with Texas center as well. What’s going on possibly? We applied for
i -730 in end of Feb 2018. This is upsetting.
Same here I was counting days and this happened.Totally devastated esp when u have’t seen ur kids for years….. lets hope for the best
Hi sarah are you persisn my nane is hamid could you please share your by email please IRM2727@yahoo.com
I have no idea, but I do not think the processing times are very reliable anyway (though they are basically all you’ve got). Hopefully, you will get a good response soon. Take care, Jason
Hi,Jason m everyone,Just want to share my experience n timeline.Applied for asylum-Nov 2014.Got interwiewed in Jan 2018 for two times and both the interview went very good,during second interview AO just Clear some doubtwhich she has It went very good,we were waiting for our decision and we’re very positive about the result and almost after 8 months we received another letter for the interwiew to be held in September again which was a surprise for us and we were feeling like mentally sick, went for the interview and to our surprise this time our AO was changed and he took the entire interview again and he seems to be a very strict person,got the decision today by mail and been referred to court,hearing is in Jan 2019,so just want to say this is what we call luck,had our AO been not changed we would have been granted asylum and don’t know wats going to happen in future how much more we need to wait just feeling like mentally harassed,because we need to take leave from the job,stay at home just to prepare for our interviews and when such things happen we get shattered,Just share to let u know what happens when luck is not with you,and Jason could u please tell how long the court process goes.
I am sorry to hear this. There is a lot of disorganization at the asylum offices these days, and it may be that the old officer left, and so you got the new officer, or something else. In any event, you may want to try to get a copy of your file, as sometimes, you get the officer’s notes, which could be helpful for you. You can use form G-639, available at http://www.uscis.gov, to request the file. I wrote about the court process on March 7, 2018. Also, you should know that it is often easier to win asylum in court than at the asylum office, so you should feel hopeful about that. Good luck, Jason
Thank you so much Jason,just want to ask you that whether we can apply on our behalf to get the AO notes or our lawyer should ask for the same,and if we apply then how much time does the asylum office takes for the same our office is LA.Thank u
You or the lawyer can try, but often the notes are redacted (anyway, it is free, so it is worth a try). The time varies, and so I can’t really tell you. Normally, it is less than 6 months, though. Take care, Jason
Thank you very much Jason for helping us,may god bless u always for assisting people like us
Hi every one,
Thanks Jason for your every effort and help. God bless you.
I have one question regarding the I-730 form. My husband I-730 form status now has this update “Case Was Received At My Local Office” I don’t know what is mean. My husband he is in Pakistan.
Thanks,
Akhan
Hi,
When did u apply for him? You are so lucky they pushed us back three months back again.
In June 2018.
Such updates are not very meaningful, as far as I can tell. I do think it means that the case is being processed, so that is good. Hopefully, you will get a positive decision soon. Take care, Jason
Thank You much for your respond.
Asylee family applying for green card. I have commented before in this post too. 3 of asylee derivatives got approved who are husband and two sons above 18. The younger son who is 15 and the mother who is the main asylee applicant had their status change for request of evidence at the same minute. I assume that they had not been yet approved because they didn’t have many evidence of one year presence as they didn’t work or have any bank statements like other derivative who got approved, I have put the joint tax return for me and my wife in both applications and for the 15 years old child, I have put his school record. Do you think this was not enough and the reason for the RFE and if yes what other evidence can help in answering this RFE. Thanks
For something like this, you just need to wait until you receive the RFE. USCIS has all kinds of stupid reasons to ask for more evidence these days, and they are doing so regularly. One area where we are seeing this is for people with birth certificate that were created after they were born. USCIS seems to want more evidence of the birth. To me, the fact that the person exists is good evidence of their birth, but USCIS is asking for more. It is idiotic, but that is how it is. Take care, Jason
Hi, Jason. Thank you for helping people. I heard one thought that this new policy – from September 11 which requires asylum applicants have complete cases when they apply – allows asylum offices to return back to cases from backlog. Did you hear something like that?
I do not think the new policy will apply to asylum seekers. There are regulations that separately cover incomplete asylum cases, and I do not think those are affected by the new change. Take care, Jason
Jason,
I have decided to give up aleeady one year ago. 6 pending years with possibility of TRIG bar and no indications of getting the case resolved. I have decided to leave the world of ambigous and coded answers that I used to recieve from the HQ and the asylum office. Today, I was able to find the first chance to leave to a third safe country. Can I just go to the asylum office and tell them that I need to withdraw and close the case. My original H1-B visa has expired. If I closed the case then I assume that I will immediately has an unlawful presence. Can I tell them that I need to close the case now but I need 3 month for example before leaving? Do they give the time I ask to leave without acquiring unlawful presence?
Hi, Ertugrul,
I am happy that you have finally found another safe heaven after waiting for six long years. What do you suggest how long a person should wait for the decision before she/he moves to another country? Do you have any idea how many cases are pending in TRIG?
Seeker,
I really don’t have statistical information about TRIG. I am not a lawyer. Even lawyers have limited knowledge about asylum office’s internal information. My 2 cents that you keep following up your case with the congressman and ombudsman office. If at any point find that your case is on hold for TRIG, then it is time to seriously consider other options and seek other countries. Good luck
Hello Ertugrul,
What is the name of your third safe country ? I appreciate it. Thanks!
Arifin
Dubai, UAE.
Unlike the US, they don’t have naturlization system in UAE. I found a job opportunity as a CEO for a small business conpany. So I have to renew the work permit annually just like the EADs here in the US. However, the work permit there doesn’t ristrict you from your civil rights. I mean, you can travel, purchase, take business and personal loans, study… etc without any problem. It is an opportunity for me so I can visit my 70+ years old parents. I have been crying since years and begging the asylum office to let me travel. As you know, no guarantee here. I wish everybody all the lock. It still an opportunity more than a reality. I still hav a lot to do before making this chance a reality. I was asking in advance just to know how can I prepare…
I know for a fact, that if I left the US without resolving the asylum case, then I will be banned from re-entering the US forever. Keep these info in mind if anybody else gave up and started to prepare to leave
Ertugrul, Thanks so much for the details. I assumed that would be Canada or any European country. I’m in a same or worse situation for long time. I have been trying to find a safe third country . Unfortunately I don’t find yet. I don’t know how can get Visa to my desired country with my pending asylum status. I would be grateful to you if have any idea in this regard. I am tired, helpless, my life is almost ruined. I’m pretty sure if I have to go back to my home country I will be killed. I don’t know why I’m writing so much to you. Wishing you a better and bright life. Thanks again.
Canada, express entry. I bet you know about it. Keep trying don’t give up. My advise that don’t ever think about the asylum in Canada. The reason of keeping your case pending will probably keep your case pending as well in Canada. USA & Canada are sharing information. Sorry for your suffer. I am no better than you believe me. I am not only hopeless, I am afraid as well !!
You might be better off emailing them with proof that you have departed the US. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). You might also give them a US address where you can still receive mail (maybe a friend), so that if they do not close the case, at least you will receive any mailings they send you so you will know what happened to your case. Take care, Jason
Can someone who is on F1 visa status and working with one year OPT file for asylum?
Anyone who is in the US can file for asylum. If you missed the one year deadline, you may still be eligible for asylum if you are currently in status. I wrote about this issue on January 18, 2018. Take care, Jason
Hi Jason,
I saw statistics related to LA office in june. I do believe that applicats have very good chance to win asylum if they follow one year bar. for example, in june, LA office completed 1230 case and they approved 415 cases and denied 331 case. if we exlcude the cases which did not follow one year bar and not show interview the number is significant( summation is 484 case). we can conclude that approval rating is more that 50% if the applicant follow one year bar. I think asylum offices are very strict with one year bar and this causes the approval rating of asylum offices reducing. do you think my thought is correct?
thanks.
I do not know about the specific numbers, but I do think this is generally correct. I think the asylum offices are specifically identifying one-year bar cases to interview. These cases are more likely to be denied, and so they can show a higher denial rate, which will please their political bosses, who obviously have little affection for asylum seekers. Take care, Jason
Are asylum officers even allowed legally / have the authority to excuse the 1-year bar, based on supporting documents of course, or they must refer you to a judge?
If the asylum officer thinks you have overcome the one year bar, he/she can grant asylum. We have seen this many times. Take care, Jason
Hey Jason and everyone else, please if you are referred to immigration court what are your chances of getting detained? Is that possible? I don’t have any criminal records or charges but I have court date in November and this memo that is being passed on October 1st doesn’t feel good. Jason what do you think? Other opinions are welcomed
I am not sure which memo you mean, as there are lots of new memos, none of them helpful. I have not seen anyone get detained unless there was a reason – convicted or charged with a crime, for example. I do not think this is a major worry at this time, though things keep getting worse, so it is something to keep an eye on. If I hear about a change, I will post something here. Take care, Jason
What does this decision mean?
https://www.uscis.gov/news/alerts/uscis-begin-implementing-new-policy-memorandum-notices-appear
The memorandum will have no effect on processing of asylum cases as of today. Asylum applicants are issued NTAs anyway if they are out of status and not found eligible for asylum by the asylum office.
It also has no effect on current practices of employment based petitions, such as I-129.
That being said however, for those family based cases for example, people will be issued NTAs in accordance of the law if they are found not eligible for the benefits they are seeking and they are out of authorized stay.
USCIS is currently in process of making it clear to applicants what their authorized stay is which to me is very important to each and every applicant.
Basically, that USCIS will be more likely to send a case to court if it is denied. Previously, some cases would simply be denied and the person would not go to court (for a deportation hearing). Now, supposedly, such cases are more likely to go to court if the person is out of status. As this is put into effect, we will see what USCIS actually does, as it is not altogether clear. Take care, Jason
Hello Mr.Jason,
Are derivative applicants (spouse and kids) are interviewed too?
Thanks,
They can be interviewed about the case itself, though normally, they are only asked the “bar” questions: Are you a criminal? Are you a terrorist? Have you had weapons training? Etc. Take care, Jason
Hi Jason,
I’ve my interview coming up in two weeks, I just remembered a threat that I didn’t include in my statement , can I say it at the interview since it’s not in my statement of it’s not advisable?
Secondly today is so sad for me, I got a ticket from the cops for running a red light and was asked to pay a fine. Pls is this going to affect the decision at my interview. I’m so worried. God!
Don’t worry about the ticket. Just pay 150 dollars for an attorney to represent you in the court. I got two tickets before getting approved. Don’t pay the ticket as that means accepting your fault.
Thanks jack but the court date is after my interview date. Just worried.
I think you should submit a written explanation about the threat and explain why you failed to mention it before. Also, provide any evidence that you have about the threat. You can submit evidence prior to the interview. If it is only a few pages, you can email it to the asylum office (make sure to include your name, Alien number, and interview date). You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Some offices require evidence a week before the interview, but different offices have different rules. If you only mention the new threat at the interview, the officer may think you are making it up, and this could be a basis to find you not credible. As for the ticket, it probably has no effect, but bring a copy with you in case you are asked about it. Take care, Jason
Hi Jason,
I have a pending asylum since August 2017, meanwhile, I have maintained my legal F1 status as of applied for asylum. Now the problem is that I will be graduating by December 2018. Currently, I have a work authorization based on a pending asylum case and I have been working in a company as a full-time employee, but I would like to apply for OPT after my graduation, first to maintain my legal status and then in order to not lose my chances of getting a green card based on employment. Now, my question is can I have two work authorizations at the same time? Do I need to turn over my EAD to USCIS? Is it possible to get a notice of denial for OPT?
Thank you so much in advance
I think you can just apply for the OPT work permit. I believe the form I-765 asks you whether you have ever applied for an EAD before, and so you need to reveal that. My concern is that USCIS has become very unpredictable and arbitrary, and though I have never seen a person have a problem in your situation, they might want to deny the EAD because you already have one. I think your choices are to either have a lawyer research the question (and I suspect there is no answer), research it yourself, or just file for the OPT EAD and risk potential denial. Personally, I would research it myself and then just apply, as the EAD fee is probably less than what you would pay a lawyer to do the research. Take care, Jason
We sent the forms for I-485 through asylum for all family member in one box but each at separate packet. The asylum derivatives have been approved before the main asylum applicant who have been granted asylum one year before applying for green card, is this normal? One derivative got approved before yesterday, 2 of them got approved yesterday, and still one derivative and the main asylee applicant didn’t have their decision. The ones who got approved had their status change on USCIS website to card in production while others still at fingerprint fees have been received. Is this normal to happen and if yes, some estimation based on you experience, how far apart do the family asylum members get their approval for green card. Office is Texas service center. Thank you
I think it is common for different family members to be approved at different times, and the delay for some people is not a major concern, especially given that it has only been a few days since the approvals. Nothing you have describes seems like anything to get worried about. If there is no approval for the remaining person after a few months, you might want to make an inquiry, but for now, I think there is nothing to do. As for the time frame, I do not know, as time frames are very unpredictable. Take care, Jason
Hi Jason. Thank you for the great content. How long is the wait time for Chicago asylum office to issue a decision at this time? And is being in status or out of status make a difference in the time of the decision? (In other words, mail out for an in status person and in person pickup for out of status). Thanks.
It varies depending on the case, and so I can’t really tell you. Our last case there took about a month for the decision, for what that’s worth. I have not observed that there is a difference between people who are in or out of status. Take care, Jason
Hi Jason,
I am asylum Seeker since Aug,2014
I received Public Benefits(food Stamp, WIC)
And now I am getting married and I will apply Advance Parole and adjust my status(G.C)through Marriage
Is any way this new law will affect me? Or I have to stop before getting marriage?
Thank Jason for your time.
hi everybody
I just wanted to share words of encouragement for all of y’all asylees. I applied for asylum in 2014 and was recently granted green card. The path was tortuous and dangerous but i was able to get a second lease of safe life in USA. despite the rhetoric from some corners America is still a generous country and gives hope to people like me from around the world. Dont give up. there will come a time when you will pay back what America did for you. God bless you all. And thank you Jason.
Thank you for sharing. People are still winning asylum and getting their GCs and citizenship, so it is important to remain hopeful, even when the rhetoric is very nasty and is done with an effort to cause people to lose hope. Take care, Jason
I have not looked at the proposed rule so closely to be able to answer that question. The rule is not yet finalized or in effect, but if you are applying after it is in effect, you should talk to a lawyer to be sure. My guess is that you will not be blocked if you can show that your spouse earns enough to support you, but since I am not familiar with the rule, and it is not yet finalized, I think you should consult with a lawyer once it goes into effect. Take care, Jason
Hello Jason
What’s your take on using free lawyer for immigration court? People are like are shouldn’t use free lawyers that they won’t take my case serious and they work with the government. I just want to here your opinion on this
It depends on the free lawyer. Many free lawyers are more committed than paid lawyers, since they are doing the case as a volunteer. I wrote about this issue, sort of, on September 22, 2016. Take care, Jason
Hi Jason
I need tour expert advise about this.
We i filed my visa application for US, i put married there just to secure visa but i was single. In my asylum application i declared unmarried. I am going to marry here in US. Will there be any issue with my marriage here ? One more thing, during my interview if asylum officer asks me about my visa application and if i tell him truth will it gonna be a problem ? Or should i try to get unmarried certificate from my country in advance ?
What do you think ?
We see this a lot. You should tell the truth. There is a case called Matter of Pula, which basically says that if a person lies to get a US visa in order to escape from a dangerous situation, he would not be blocked from asylum in the US. If you get your GC in some other way (like marriage to a US citizen), you would need to seek a waiver due to the prior misrepresentation. Either way, now is the time to “clean” your record. Take care, Jason
Hi Jason you asked me to tell you when I get my citizenship.
I visited my cop after green card for emergency but the officer in the n400 did not ask about it
I was approved for naturalization
I need your assistance as always 🙂 for the next step
I would like to petioin for my parents who will be in USA when I apply also I have a sister 16 years old. I live in WA state.
My questions:
1- How long takes for my parents to receive the green card
2- Is there any chance that the application get denied or denied at the interview and for what reasons ?
3- can my parents travel overseas while application is pending ?
4- After they receive the green card can they petition for my sister ?
5- how long it takes for them to petioin my sister and to get visa to USA ?
6- is there a way to expedite the process as both of them will be in USA while my sister alone overseas and will need support ?
7- do I need to have house or apartment on my name to petioin for them ?
Congratulations! Good to hear about the trip to the COP too. I have some clients who did that and I am hoping for the best. As to the questions: 1 – If they entered legally, they probably can get the GC without leaving the US. Such cases take about a year, though you never know. 2 – Criminal or immigration violations, or maybe something else. If you are worried about it, talk to a lawyer about the specifics. 3 – Yes, when they file for the green card, they can also request Advance Parole (form I-131) and an EAD (I-765). They will receive a combined EAD/travel card, which they can use to travel. When you pay for the GC, the fee includes these forms too. 4 – Yes, but the wait is very long and she would need to get her GC outside the US. 5 – Google “DOS visa bulletin” and you will see. Maybe 7 years if your parents do it with their GC or 14 years if you do it now. 6 – Not that I know of. 7 – No. Take care, Jason
Hello
Thanks for your sharing. Asylee here and going to apply naturalizations next month.
Can you kindly let me know how long it tooks from applied and final approved/interviews?
If possible I will like to ask you more info regards naturalizations process. Really appreciate it and thank you so much.
It seems to vary. We just filed a naturalization case for our old asylum client, and they scheduled the interview after only 3 or 4 months (usually, if the interview goes well, the person becomes a citizen very quickly thereafter). Things do not go this fast all the time, and I think if you check processing times on http://www.uscis.gov, it is much longer than that. Hopefully, yours will go quickly. Take care, Jason
Hello me again,
Please if you possible email me info your time frame regards your naturalizations, thanks and appreciate it here my email : kylat4n@yahoo.com
Hi JASON,
Looking for your advice and support,
Through a para-legal i have applied my Asylum in August / 6 / 2018
for that i have not yet received any Acknowledgement till now,
So last week Sep / 21 / 2018 i was applied second time in that i did a mistake,
i was mentioned my apartment address wrongly ( because recently i moved ),
so again i submitted my all the documents to Nebraska USCIS center on Sep /24 / 2018 ( Monday ),
Could you please tell me is this will create a problem for me submitting the same documents .
It might create a problem, but as long as you receive the receipt, you should be fine. If not, you may need to file yet again, and this time, include an explanation about the prior filings. Also, you can contact the local asylum office to ask whether they have a record of your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). I do think it is generally a bad idea to use a paralegal. Many of them do a poor job and also many are practicing law without a license, which is a crime. It is usually better to do it yourself, at least you can try to get it right. Take care, Jason
Dear Jason:
Greetings!
Dear Jason, I have a friend who has pending Asylum case, and I have too. He is more stressed because of strict rules and policies, however his life is in a serious danger in home country as well. My question is, if he withdraw his case, does he need to officially go to USCIS and report this that I wanna go back ? Or simply he leaves here since his one year visa is valid but his stay is expired. Besides, he applied almost 3 months ago.
Also, if he goes back, can he take visa in future to US or not due to having an asylum case in the background?
Regards.
He should contact the local asylum office and ask to withdraw his case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If he cannot withdraw the case, he will eventually end up with a deportation order, which will bar his from returning to the US for 10 years. Even if he does withdraw, it can make it more difficult to get a visa in the future (depending on the type of visa), but at least there is no legal bar to returning. Take care, Jason
Hi JASON,
I applied asylum on December 2017 and got my interview on May at Arlington. I got the interview result on June which I have been referred to immigration court. And now, I have a master hearing on november 13. The real issue is here I got a letter few days ago for first of november from Uscis which says:
“Follow-up Appointment Letter,
Please come to the office shown below at the time and place indicated in connection with an official matter.
Ask for: Deportation Officer
Reason for appointment: need to come with immigration paperwork
bring with you: this letter and your immigration paperwork. ”
Do you familiar with this issue? Could you light me up about this Jason. Thank you.
It could mean different things. It my be that ICE wants to have you check in for some reason. It could be no more than that. Normally, they would not detain a person in this situation, but theoretically, they could. I doubt that would happen unless you have criminal issues or you are viewed as a threat to national security. They could also give you an ankle bracelet and put other conditions on your release. Why they chose you for this, I do not know. You probably will want a lawyer for court, so you might want to talk to a lawyer now about the specifics of your case to determine whether you face any risk of detention. Please let us know what happens, as that will help others. Thank you, Jason
I don’t have any criminial backround Jason. I didn’t get involved with anything that may effect my case. That is why I wonder why I got this letter. I already have a lawyer and asked the situation. I was told that this is something new he didn’t see before and according to my case there is nothing to worry about it. He also said this can be actual follow-up appointment that they may want to learn if I want to keep forward with my case. I just wanted to ask another lawyer like you to get to know other ideas about this and if someone has been got through same situation like this. Is this something new? Of course I will let the blog know about it. Sincerely, Thank you Jason.
We did have a client who filed his case and then was contacted by ICE (I think they did not know he had filed). The sent him to immigration court and gave him an ankle bracelet. It is very annoying and unfair. He also has no criminal issues, but he was here on a US-government fellowship, and I think when he did not leave, it triggered the ICE action. We had a second client contacted by ICE, but when I informed him that the client filed for asylum, they said we did not need to report to ICE and they took no further action (so far – it has been a couple months). Obviously, ICE is more aggressive, but hopefully you have some protection on account of your pending case. Take care, Jason
How is that possible that they do not know I have a case as you mentioned on your first client that they did not know he had a case. Even if I go there with my asylum application, might they still take me to the court and give me ankle bracelet. (This is really scary btw) According to your second client, Can I or my lawyer inform ICE about my situation that I have a pending case to avoid this issue. How did you contacted with them and how they said no need further action. Can you tell me about it? Thank you. Sincerely.
We went with the first client and told them about the case, but they sent him to court and gave him an ankle bracelet anyway. We are stilt deciding whether to try to get the court case dismissed. In any event, I think you can try both – contact them to tell them about the asylum case and bring a copy with you, if they still require a meeting. Hopefully, it will just be a check-in, and they will leave you alone after that. Take care, Jason
I appreciated for your help, Jason. I will let the blog know about it in next month. Take care of yourself. Best.
Hi Jason, again.
I will ask you one last question. That your first client had a master hearing or court date? Because I have a master hearing court now and ICE knows that I have an application because I have realized in my letter they mentioned my A-Number.
He is scheduled for his first MCH next month. If anything of interest happens, which I doubt, I will post it here. Take care, Jason
I meant, Did he have MCH before going to ICE office with you because you had said they did not know he had a case. What I mean here, I have a master hearing date now and just comparing if he had court date. By the way, you are the man, sir! I really thank you again.
He was not in court – ICE contacted him after he filed asylum. We explained that he filed (and gave them the receipt), but nevertheless, they gave him an ankle bracelet and referred him to court. Now he has a MCH coming up soon. Take care, Jason
Hi Jason, I hope you are doing well. I had g-56 form from ICE as we talked before. Has your client gone to his MCH? And have you heard anything like this since we talked about this issue here. As I have searched online, ICE may really force you even if you do not have criminal background whether you have a pending case or not. Time is passing and I am really worried about this. If I do not go there would that affect my master hearing or future courts? Thank you.
If you are ordered to go to ICE, you should report. Otherwise, they may seek to detain you. We have a client in this situation. His MCH is this month, and we plan to try to terminate proceedings against him, or at least contest some of the allegations against him. We shall see. Take care, Jason
Can you tell me when is your client’s MCH and let me know conclusion about his court? I also changed my adress to another state. Can I tell them as a reason not to go and if they can arrange another meeting in my current state? Thank you. Best.
You would have to contact me next week about my client. As for your case, if you move, you must file a change of address form, EOIR-33. You can also file a motion to change venue. If the court accepts the motion, you should be able to avoid attending the hearing in the old location, and the case should move to the new court. It is best to file such a motion early, so hopefully, the judge will rule on it before you have to appear in court (if the judge does not rule on it, you have to go to court; otherwise, the judge would probably order you deported). Take care, Jason
I will contact Jason and good luck with your client case. And thank you for letting me know to change of venue. I am working on it. Could not explain how I appreciated. Take care. Best.
Hello again, Jason.
Is it possible that I got g-56 (follow-up appointment) from ICE because my NTA does not say my master hearing date and time but court address? Both section, time and date, is filled out as TBD. (Anyway when I call Uscis they tell me exact time, date, judge and court address) Because as I have found out, there is a new rule following Pereira v. Sessions decision from US Supreme Court on June 21. And I have got my decision on June 25 about referral to court. Pereira v. Session suggests the whole NTA (document) may be defective if it’s missing the hearing date as required by law.
There was a subsequent BIA decision after Pereira that tries to mitigate the Pereira decision. In any event, whether you want to try to fight the NTA is a strategic decision that depends on the specifics of your case, which I do not know. Most asylum seekers would prefer to have a hearing on the merits of asylum, and not fight the NTA, but again, it depends on the case. If you are in court, you should try to get a lawyer and discuss this issue with the lawyer. Take care, Jason
I meant not to fight NTA, Jason. I was trying to figure out the reason I got the letter from ICE would be because of NTA missing date and time. Would it be possible according to June 21 rule?
It seems to me that if you want to pursue your asylum case, there is no reason to challenge the NTA. You can just go forward with your case. You might mention to DHS or the Judge that you think the NTA is improper, but maybe they can just re-issue it. Take care, Jason
Hello Jason. I hope you are well. We were talking about this g-56 letter (follow-up appointment) Did you attend your client’s appointment yet? Thank you. Best.
The judge set his case for a contested Individual Hearing in December. I will try to negotiate with DHS before that time to have them issue a new NTA. The client is removable, but the basis they put into the NTA is improper. My guess is, one way or another, we will resolve his case in court and he will not be returned to the Asylum Office. Take care, Jason
Thank you for the info, Jason. One last question, Did your client attend to interview, right? I mean, when he got the letter from ICE, Has he already had interview and MCH? Or he had just got the letter after he applied to asylum. Btw, My appointment is first of November, god bless If there will be nothing worse for me I will update here about the situation and people may figure out if they get into like this situation.
We applied for asylum, he got the receipt, ICE call him in, he did the interview, and I think after the interview or maybe on the same day, he got an ankle bracelet. ICE also gave him an NTA and sent him to court. Please do let us know what happens. Thank you, Jason
Hi Jason.
I hope you are doing well. My attorney contacted to the ice office. They firstly told that It will be just check-in and I need to go just identification process and sign a form to be release but then they emailed a form which is called I-220A. It was stated on the first sentence; “You have been arrested and been placed in removal proceedings“ which I have never been arrested before. So my attorney told them that if they would take that word “arrested” out because I have never been arrested. Because according to them I needed to sign that form and everything will be okay on my side! My attorney told them again the situation that I have never been arrested or dont have any criminal backround local, state or federal. So they emailed my attorney I don’t have to come to office. Now we have asked a document for the record that I don’t need to go to the office. Long story short, I will not go there tomorrow.
I just want to thank you that you gave me that idea to call the office to figure it out. Jason, you are blessed! God bless you and your family. I can’t tell how I appreciated for your all answers!
ICE is involved in a campaign to harass and intimidate non-citizens. It is really a distortion of their mission, and they should be ashamed. At least in this case, it seems to be ok, so that is good. Take care, Jason
I thought, according to that form, they were gonna arrest me when I got there then they would probably use that arrest against me? Anyway, of course they should be ashamed when I think how many people like me in this situation because of them. This is way inhumanity. Take care!
Hi Jason! I have a pending asylum case. My fiance and I are planning to get married next year, is it possible for my mom to come here and attend the wedding by sending her an invite? Thank you much and more power.
She can try. Normally, a person’s asylum case makes it more difficult for close relatives to visit the US. This is a bigger problem for spouses and children than for parents, and so hopefully she can present a strong application and get a visa. Take care, Jason
Hi Jason. Hope you are doing well. I have a question, I had my asylum interview today. The officer seemed to like my case. The interview took long, it was more than three hours. I am concerned because of my affiliation with a political party which according to her is involved in armed resistance against the state. My case was based on the persecution I received from the state intelligent agents because of me protesting against the cruel policy of the state. I am concerned because he got me to sign another affidavit and she made me sign it in front of another officer. I do not know what that means. she also says that I can not come to collect the decision from the office, she said that I will receive my decision through the mail. What does that mean? I am concerned if it means that my case will be denied or it will get stuck in some sort of investigation? Thanks.
I do not know, but when they take a sworn statement, it often means they are concerned about some type of bar – perhaps they think by supporting the party, you were providing material support to terrorism. It is likely that your case will be delayed, if that is what they think. For how long, there is no way to predict. Just because they took a sworn statement does not mean that the case will be denied (or even delayed for a long time), and so you will have to wait and see. I would give them at least 60 days, and if there is no decision, you can make an inquiry. Take care, JAson
Thank you so much Jason for the prompt reply. I need to get a parole to bring my son to the US from a third country. He is in my home country. Can I get a parole to bring him to the US? I had a good case and I thought I will get asylum soon but now it seems like it is going to take long. Do you think my case will be sent HQ for Trig or something like that?
It may be possible to get parole, but it is not easy, and it is usually done for medical reasons. It is form I-131, available at http://www.uscis.gov and you are seeking humanitarian parole. Talk to a lawyer about the procedure, and maybe the lawyer can help make a strong application. As for your case, they normally will not give you such details, but if you inquire, you can ask and see what happens. Take care, Jason
Thank you so much for the prompt reply. I am in legal F1 status. Can I be able to adjust another immigrant status if they deny my application on inadmissibility grounds? What will happen to my F1 status if they deem me inadmissible for asylum? Thanks.
I am not sure what you mean by inadmissible. If you are here, you would not be inadmissible, since you are already admitted. You may be barred for some reason. If so, that could affect any future visa applications, but that is difficult to predict in advance. Take care, Jason
Dear Jason,
I am going to apply for humanitarian parole on my own as I can not afford an attorney. I went through the I-131 form and its instructions, but I could not see any application type out of the six application types mentioned in the I-131 form for the humanitarian parole. The one on part 2, 1.d which says “I am applying for an advance parole to allow me to return to the United States after temporary foreign travel” seems to fit for my purpose, but there is no mention of humanitarian parole in it. Is it the one used both for the advance and the humanitarian parole? Second, Instead of me as the principal candidate, my spouse wants to travel. Should I fill in my spouse’s information in part 1 of the form I-131 instead of my biographical information? Thanks
If you are an asylum seeker who wants to leave the US while your case is pending and then return, you apply for Advance Parole. You have to give a humanitarian reason for the travel, such as visiting a very sick relative or getting medical treatment. USCIS has been difficult lately about granting AP, but you can try. Whoever wants to travel should complete and submit the form, but that person must have an asylum case pending or some other basis to request AP. Take care, Jason
Thank you so much Jason. I am really debted to you for your help. I have read your piece on “Advance Parole”, but the problem is I do not have a pending asylum application. I had my interview and waiting for a decision. We have a son who lives in my home country and we want to bring him here. I would like to know what type of parole do we need and can my spouse, who is my dependent on my asylum application, get a parole?
If you do not yet have a decision, you still have a pending asylum case, so you could apply for AP if you want. As for your son, he can try to come here as anyone else, but the fact that there is a pending asylum case for you will make that more difficult. Check the instructions to the form I-131 again – there should be a section about Advance Parole for people outside the US. Maybe that would apply to your son, though it depends on the case. You spouse can also get Advance Parole if the spouse is a dependent on your asylum case. Take care, Jason
Thank you so much for the prompt reply. My son is a US citizen and he is two years old. He has a US passport. Do you any other advice regarding this? Thank you so much for everything. You are a very good person. Stay blessed. I will apply for AP.
Maybe I do not understand, but if your son is trying to come to the US and he is a citizen, there is no problem. He just needs someone to bring him here. It may be possible to have a friend or relative do that, but I do not know how that works. I would talk to a lawyer who does more overseas consular work, or foreign adoptions. Maybe such a person would know how that works. Take care, Jason
Seeker,
I almost have very similar case of yours. Sworn statement was taken. I was told immediately during the interview and after they finishing their questions that they will mail the decision. I was wirking in a conpany that was involved in some violence (according to their point of view- which completely incoreect). My case remains pending since six years. My case is at the HQ now. My area congressman found this info to me. They gave me very hard time along the years. I hope you don’t suffer the same. Good luck
Hi Ertu,
Thanks for sharing your experience. I am really sorry to hear this. It must have been very difficult for you. Is your case still pending?
Sorry, Jason for the misunderstanding. I mean in case they decide there is a bar from the grant of asylum to me, will it affect my F1 status. What I see from the information available online I even won’t be able to go to the court against such a bar that renders me inadmissible for asylum. I also see information which says that I will be deported if there is a security-related bar to my asylum. Thanks
Even if you cannot qualify for asylum, you can probably qualify for Torture Convention relief or Withholding of Removal. You would need to know what evidence the government has against you (and you will know this in court), and then you can respond. I do think such evidence could be used to invalidate your F-1 visa, though whether they would bother with that or take the necessary internal steps, I do not know. Take care, Jason
Hey Jason,
Hello everyone, I applied for asylum in February 2018 at Newark nj and I had my interview April 25 2018. I just got my decision today and I was referred to court by nov 2018 , please anyone who has been in this situation what do you think I should do? I have reached out to prono bono legal service cause private lawyers are charging $10k-$15k.
Please Jason what would you advice me to do since I have been given a second chance to proof myself of being persecuted. Everyone’s opinion is welcomed.
It is often easier to win in court than at the asylum office. I think the price range you are quoting is a bit high. We charge $5000 or $6000 for a local case, so I imagine there are lawyers in NJ who have similar fees. Sometimes, the non-profits can recommend reasonably priced lawyers. It is unfortunately to go to court, but you should still have a chance to win. Good luck, Jason
Hi Jason,
My EAD will expire in March 2019 so it’s time for me to have it renewed. When i filled out the I-765 form, i chose to type instead of handwriting and used my electronic signature. Is it ok to do so? The legal assistant who helps submit the application for me said USCIS wouldn’t accept electronic signature on the form. I would like to hear your advice on this. Thanks so much!
I do not know, as we have always submitted a regular signature. Maybe the I-765 instructions indicate whether an electronic signature is alright, but I do not know, sorry. Take care, Jason
According to the i-765 instructions page 14, the signature has to be ink handwritten one. However, they were talking about the faxed copies. For the original application, the instruction says an electronic typing name is not accepted. I don’t know what you mean by electronic signature. I have scanned copy of my handwriting signature that I usually use it with PDF for such applications. If this is your case, then I have tried it and it was fine. But if you consider a copmuter printed name as an electronic signature, then I don’t believe they accept it.
Hi Jason,
Thanks for all the information you share for free. It is very valuable and much appreciated by all of us here.
We have an appointment with you on the 27th but I’m so worried and need to ask before then.
Our application was received in the 23rd of August and on the 27th we received notice for biometrics and we went on the 21st of September.
My worry is that we still haven’t received our acknowledgment of receipt. I have written to Arlington twice but no response yet. The last letter was sent this past Thursday.
Does getting a biometrics appointment mean the case has been filed? I can’t even check the status of the case because I don’t have a receipt number. What should I do?
As long as the biometrics indicates that it is for an “I-589”, you should be fine. Some people have not been receiving receipts. I know USCIS is planning to change the format of the receipt, and so maybe this is related to the upcoming change. Take care, Jason
Hi Jason,
Would this rule effect the derivatives (Spouse/kids) of Asylees? E.g, Derivatives that have been in the U.S in the past, but are now awaiting to be petitioned in the home country?
Thank you!
Derivative asylees are treated the same as the principal asylee, and so the rule should not affect derivatives. Take care, Jason
Hi jason. I granted asylum by immigration court in june 2018. In end of july 2018 i applied form i730 for my family in my home country. Today i checked status that is written: Case was received at My local office on September 18. What mean by this? Plz guide. Thanks.
Sometimes, USCIS transfers cases around internally. I think it has no real meaning, other than that they are processing your case. Take care, Jason
What mean by case transfer internally?is it any confusion for me? Or they will inquire or investigate more? Or call me?
USCIS sometimes moves cases to different offices, depending on workload. It is normal and nothing to worry about. Take care, Jason
Dear Jason Sir,
Thanks for writing on this pressing issue.
After reading your post, with my limited understanding of the language, I am still perplexed about it, would like to re-confirm are we going to be exempted from this rule? The table on proposed on “Inadmissibility on Public Charge Grounds” at page 37 says NO under “Subject to Public Charge Inadmissibility under 212(a)(4)?” for “An alien who is granted asylum under section 208 of the Act”
I just want to share my story and sentiments on this; we applied in March-2018, and due to LIFO within 45 days we’ve granted indefinitely asylum status under section 208. We are eligible to apply for green card in May-2019.
In asylum approval documents we were advised to apply for social security, driving license and refugee cash assistant etc. Since, we are family of six, with four kids, and were relatively new in US, I was the only who was doing on n off odd jobs, my wife doesn’t speak English, and have to take care of youngest one, thus she doesn’t work at all.
So we decided to contact Local County office in CA. After our detail assessment they issued us MediCal, and EBT Card (monthly food & cash assistance). This assistance is so vital for us to pay our bills. We want to leave this program as soon as possible. I am striving to find a better job, and my wife also doing her best to learn English & drive as well.
No one wants to be on public assistance, it hurts your self-esteem, and I feel ashamed to be on this program. But for now, I do not have any other option to survive without it. Despite the hardship we will be going to face, we want to leave this program sooner rather than later. We do not want to risk our GCs.
My question is how we will get affected by this proposed bill, when we apply for adjustment of status GC in May 2019:
1) If we leave this program before applying.
2) If we remain in this program while applying
Sir thank you so much for your outright support for Asylumist community.
Hi Jason. Thank you for the recent updates, very informative. I have a question, my case has been pending for a couple years, I had my interview on January 2018 and I had to renew my EAD in June of 2018. I checked the status of my application (using the asylum application number) which in the past the system said “does not exist” and it says “On September 21, 2018, we mailed your new card for your Form I-765, Application for Employment Authorization, Receipt Number ZMI1XXXXXXXX, to the address you gave us.” Is this good news? does this hint anything about my case getting approved?
FYI I checked my EAD application number (which is a SRC number) and it says the following “Case Was Transferred And A New Office Has Jurisdiction. On July 20, 2018, we transferred your Form I-765, Application for Employment Authorization, Receipt Number SRCXXXXXXXX, to another USCIS office”
You really cannot check your asylum status on line. You can check your EAD status, and so these updates may just relate to the EAD. If you want to inquire about your pending case, you can contact the asylum office directly. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
If your ZMI case number shows an status, I think it means that you are getting your EAD through your Asylum Approval. Maybe you will get your approval letter zoom.
There are a lot of little quirks like this, but asylum seekers know them better than I do. Take care, Jason
I think you are safe. According to press reports, asylum seekers and refugees are not subject to the rule changes. I do not think this is out of the goodness of the heart of this administration; rather, by definition, asylum seekers and refugees are desperate people and if they demonstrate needs for using and are eligible for government programs, punishing them would be a glaring contradiction.
I definitely do not think asylees and refugees were spared out of the goodness of the Administration’s heart. They were spared because the Administration and Congress have been unable to change the law (the statute), which currently says that asylees and refugees are not subject to the public charge exception. This rule only changes the regulations, which interpret the statute. If they could have included such people, I have little doubt that they would have done so. Take care, Jason
Whether you leave or stay should make no difference in your applications for green cards. INA 209(c) is the section of the law stating that people with asylum are not subject to the public charge requirement, so I think you are safe, unless they change the law, and there is no proposal that I have heard of to do that (Congress would have to do that – the Trump Administration cannot do it unilaterally). The proposed change is to the regulations, which implement the law and must conform with the law, so I think you are safe. Take care, Jason
I heard Stephen miller is the brain child behind this vicious rule change. Considering his ancestors were Jews escaping violence and poverty in eastern Europe, it is shocking to see him turn into a Gobbles like character.
There was a good op ed by his uncle on this point. I wrote something about that, and about our friend Mr. Miller, on August 20, 2018, if you are interested. Take care, Jason
Jason, I hope you are correct that asylees and refugees will not have this new public charge rule applied to them when they adjust. I am not so sure.
One of the links is to a summary of the rule (on the DHS website) and that basically says it does not apply to asylees and refugees. Also, the text of the rule, which is very long, indicates pretty clearly that it does not apply, so I am pretty confident that I am correct. On the other hand, if I am wrong, it would not be the first time. We’ll know more once/if the rule is finalized and goes into effect, but that is probably at least a couple months away, if not longer. Take care, Jason
Jason, I agree with you. Using my finite knowledge of the law, it makes sense that congress would have to change the law first and then that would pave the way for the drafters of the proposal to make it possible for asylees/refugees to be found inadmissible under the Public Charge law. This is especially true since the current laws and memos almost expressly encourage asylees/refugees to use public benefits (it’s even “intimated” on your asylum approval letter). It just would not make any sense.
As side note, America is arguably the most developed and richest country in the world and ostensibly (as of lately, at least) one of the least sympathetic to people seeking humanitarian reliefs among the most developed nations in the world. I am not including “wannabes” like Israel, for example, that treat refugees like trash. Perhaps because everything they do appears to be racial tinged.
Most countries that are signatories to international refugee and asylum law- especially the most developed countries- provide asylum and refugee seekers with some kind of public assistance until they are able to be self-sufficient. I don’t believe you should be a signatory to something half-heartedly. I don’t know any asylum seeker, refugee or asylee who wants to be on public assistance. The majority of us want to work and feel independent, especially when we have something such as a public charge hanging over our heads.
Well,
I feel like this’s a rule all we need.
If you can’t even support yourself in this country and probably don’t want to why would you live here?
Of course there might be cases when people got injured at workspaces etc. But anyway I know some people who come here I do nothing for this beautiful country. They don’t even try.
Cheers.
When you say “probably don’t want to”, do you separate facts from speculation?
All we know for a FACT is that these people have been found to be eligible to receive benefits. If the system needs to be improved where people cannot take advantage of certain loopholes if any exist, so be it. That is definitely good for everyone. But to deny legal immigrants the ability to adjust their immigration status because they were in need is something else.
Improve the system if needed. Don’t punish everyone else and don’t paint everyone with the same brush.
Sara, I couldn’t have said it any better! I am sure there are people who would also agree that ANY immigrant, even if the immigrant pays taxes and contributes, who uses any kind of public assistance should be banished from this country. I am also certain that there are people here who would agree that refugees and asylees should return to their countries or leave.
This is the crux of the problem. The Trump Administration thinks all immigrants are bad and hurt America. This is not backed up by data (economic or criminal data for instance), but it based on their dislike and/or fear of foreigners, and that America is being changed in a negative way. I can see where this comes from, I just think it is cowardly and inhumane. But that is just my opinion. Take care, Jason
I think the rule provides some exemptions for people who are disabled, but I did not read that part thoroughly. My problem with the rule is that it basically blocks poor people from reuniting with their families, or at least makes it more difficult for them to do so. As a nation, we have a right to decide who should enter our country, and the Trump Administration has the power to make that determination (within the parameters of the law). And so I doubt there is anything unlawful about the new rule. I do think it will needlessly harm people and that our nation will not save any money or receive any other benefit from the rule. I suppose we will see what happens. Take care, Jason
Affidavit of support should work without any issues.
This’s been happening for some countries for a while.
So I don’t see a problem here.
I do not know about that – the new rule has a provision to provide a cash bond (I think for $10,000), which can be returned once the person naturalized or leaves the US permanently. I do not know if an affidavit of support will overcome the public charge issue in all cases. I guess we will see how this is implemented. Take care, Jason
Pray that you do not ever need help in any shape or form. Ever heard of boomerang?
Intended for Alex
Hi Jason, An I able to file a I-730 for my 18 years unmarried child that is abroad but also has a 2 years old child who is my grandchild? She never married and the father of the child does not support his son. If so, my grandchild can be added in this petition? Thanks in advance.
I do not think so, but I am not sure. I think you should have a lawyer research the question (or maybe review the I-730 instructions, available at http://www.uscis.gov to see whether you can find anything). If you have an answer, let us know as that might help others. Thank you, Jason
I read somewhere that they will only apply this to immigrants who will use benefits after the rule goes into effect (not sure if this is true). While this isn’t helpful at all to families who have been found to be eligible for benefits, who now have to give them up despite needing them, at the very least it shows that they can’t just make new rules and apply them in retrospect. It’s also a way out for these immigrants, albeit one that could have dire consequences for their families. Or maybe I’m just trying too hard to find anything positive where I shouldn’t.
That is not how I read the 447-page rule (well, I didn’t really read it, per se). It seems to me that they will potentially deny applicants who might be deemed a public charge. Past use of public benefits or USCIS fee waivers may be evidence for that. How much weight they will assign to such evidence (as compared to current use of benefits), I do not know, but my guess is, applicants who have used benefits in the past will need to be prepared to deal with the new rule if it goes into effect. Take care, Jason
So applying life-altering new rules retroactively (what I meant to say in my initial post) is officially on the table now. Beautiful 🤦🏻♀️.
Not to defend their actions, but I think they can argue that it is not retroactive. There is no penalty associated with past benefit use. However, such history may be relevant to determine the likelihood that a person will become a public charge (or, as the 1882 law send, land in the “almshouse”). Also, this is not a criminal issue, it is an application for an immigration benefit. But I do agree with your point – it is immoral to change the rules in the middle of the game, especially when the stakes for individuals and families is so high. The rule would be more fair if it only considered evidence from after the date that the rule goes into effect. I do not think that is part of the proposed rule; at least I did not see it. Take care, Jason
Jason,
I am not completely sure if I agree with the new rule or not. From my “cursory” read, it seems to me like the drafters were trying to tie loose ends and cast a wider net.
One of my concerns- and I notice that people are not talking about this- is the amount of discretion that the officers are provided to deny I-485 applications. I don’t believe that the memo that took effect September 11 of this year about NTA, etc. and this proposal are a coincidence. I think they are strategically done.
As such, one of the obvious limitations of the proposal is it’s lack of guidelines and clarity on when to deny/not deny an application. I don’t think USCIS’ adjudicating officers were given sufficient/strict guidelines on when to deny an application. I therefore believe that this may cause some applications to be denied in error/mistakenly/willfully. Who makes the final decision on the I-485 applications?
This is a good point. I do not know how the final rule will be implemented, or how much discretion the officers will have, but it is a problem that decisions in many areas (asylum office, court, USCIS) are all over the map. The lack of guidance is a big part of the problem. Take care, Jason
Hi Jason,
I think the text of the rule suggests that officers should only used benefits requested after the rule is in place. Here’s a relevant quote from the rule itself:
“When reviewing whether the alien has any financial liabilities or past reliance on public
benefits that make the alien more or less likely to become a public charge, DHS proposes to
review the following evidence:
.
.
.
Evidence that the alien has applied for or received a fee waiver for immigration benefits
after the effective date of the final rule”
As you can see, a fee waiver would count as a negative factor only if it was requested after the rule goes into effect. That is in theory, of course. The rule still grants wide discretion to the officers and there is no guarantee that a past waiver would not influence the officer’s decision.
Best,
Mark
Thank you – I did not see that. I suppose that is better than using past fee waivers against people when they did not know the fee waiver would create future problems. Take care, Jason
Mark, I don’t know if what you posted is clear nor do I think it is proposing that only cases submitted after the rule’s final implementation be reviewed for public charge. Does the application of the proposed rule only affect applicants who will file after the implementation of the rule, or is the proposed rule saying that if there is evidence that the applicant sought or received a fee waiver after the final implementation of the rule, only then will USCIS apply the new rule to the case? In other words, are they referring to only people who applied for or received a fee waiver, or does it apply the “after the effective date” apply to other applicants who have used other kinds of public benefits? I got the “after the effective date” part but wasn’t sure if it was referring to only one category of people.
Hi Jamie,
Essentially, the new rule says that using a fee waiver can only be counted against an applicant if they applied for it or received it AFTER the rule is put into place. This new rule lays out a system which officers can use to judge whether an applicant can become a public charge. Under this system, some factors count and positive and others count as negative. For use of a benefit to count as a negative against you, you would have to apply for it after the rule goes into effect. Here’s two scenarios as an example:
Someone applied for a fee waiver on May of 2016. If this rule goes into effect sometime around 2019, and this person applies for a green card in 2020, their past use of a fee waiver would not be counted against them.
On the other hand, a person who applies for a fee waiver in early 2020 and then applies for a green card later that year, their application for the fee waiver would be counted against them, since they filed it after the rule went into effect.
Hope that clarifies things.
Best,
Mark
I should also mention that this applies to all benefits, not just fee waivers. So people will be penalized for using any benefit only after the effective date of the rule.
Mark, thank you for explaining.
I am not sure if what you are saying is the same as the proposed rule. Under the new rule, an applicant who used a certain kind of public assistance can be found ineligible to adjust under the public charge rule. I interpret this to mean that a past use of public benefit- even if the use was before the implementation of the rule- can be used against you or weigh down your application. I get the impression that the officer will need to consider your previous use of public benefits, among other things, and then make a decision as to your eligibility to adjust status/extend stay. It seems to me that the rule was specifically referring to applicants who will seek, or have sought and received, a waiver. Did you come across a section in the proposed rule that specifically says that use of public benefits in general will only be used against the applicant after the rule is finally implemented and will not be retroactive? Or did you mean to say that the “extended” or added list of benefits to the new rule will not be applied retroactively?
Many thanks to you Jason.
Mark, thank you for explaining.
I am not sure if what you are saying is the same as the proposed rule. Under the new rule, an applicant who used a certain kind of public assistance can be found ineligible to adjust under the public charge rule. I interpret this to mean that a past use of public benefit- even if the use was before the implementation of the rule- can be used against you or weigh down your application. I get the impression that the officer will need to consider your previous use of public benefits, among other things, and then make a decision as to your eligibility to adjust status/extend stay. It seems to me that the rule was specifically referring to applicants who will seek, or have sought and received, a waiver. Did you come across a section in the proposed rule that specifically says that use of public benefits in general will only be used against the applicant after the rule is finally implemented and will not be retroactive? Or did you mean to say that the “extended” or added list of benefits to the new rule will not be applied retroactively?
Hi Jason, thank you for this update.