In an on-line rant shortly before he entered a synagogue and murdered 11 people, Robert Bowers railed against asylum seekers and the Hebrew Immigrant Aid Society, a refugee-assistance organization: “HIAS likes to bring invaders in that kill our people. I can’t sit by and watch my people get slaughtered. Screw your optics, I’m going in.”
Who are these “invaders” and why do we allow them into our country?
The first thing to know is that not every foreign person who faces harm abroad qualifies for protection in the United States. The definition of “refugee” is circumscribed by law. The feared harm must be “on account of” a protected ground: race, religion, nationality, particular social group or political opinion. These categories reflect our American values, and when we grant asylum, we demonstrate our commitment to those values.
I am an attorney who specializes in political asylum. Every day, I represent non-citizens who are seeking refugee status in our country. My clients include activists for democracy, peace, and women’s rights, journalists who have stood up for free speech, advocates for gay and lesbian rights, members of religious minorities who have risked their lives for their faith, and interpreters and aid workers who have stood shoulder-to-shoulder with our own country’s soldiers and diplomats in places like Afghanistan and Iraq. These people—asylum seekers and refugees—have risked their careers, their property, and their lives in order to help further the values that are foundational to our nation and to all who believe in freedom and liberty.
Critics of our humanitarian immigration policies claim that asylum is merely a kindness we extend to needy recipients. That we get nothing in return. This view of asylum is false.
Since its beginning—during the Cold War in the 1950’s—asylum was about advancing America’s strategic interests. In those early days, we used the asylum system to demonstrate moral superiority over our Soviet adversaries. We celebrated famous dissidents, athletes, and artists who defected to the West. Now, the Soviet Union is gone, but asylum remains an essential tool of U.S. foreign policy. We gain tangible benefits from asylum. And I am not talking only about the influx of talented, brilliant people who add to our nation’s strength.
When we give asylum to interpreters who served with our soldiers in Iraq or Afghanistan, we demonstrate our loyalty to those who work with us. When we grant asylum to women’s rights advocates, we show our support for the cause of gender equality. When we support journalists, we show that we stand for free speech. And when we grant asylum to religious minorities, we reinforce our founding principle of Religious Freedom.
Imagine for a moment what it would mean to deny asylum to Iraqi interpreters, woman’s rights advocates, journalists or members of religious minorities. Imagine what that would say about us, about our country. Imagine what message it would send to those around the world who are working for the values that we, in our best moments, embody.
When we offer refuge to those who have stood with us, and who have risked their lives to advance the values that we cherish (and which we too often take for granted), we send a powerful message: When you work with us, when you work for the values we believe in, America is with you. And when activists around the world have confidence that America is on their side, it helps them continue their struggle for justice.
And it helps us too. If we want their cooperation and loyalty going forward, our allies need to know that we are there for them. That we will protect them if they need our help. Our asylum and refugee systems demonstrate–in a tangible way—our loyalty to those who stand with us, and this helps us advance our own national interests and our moral values.
Asylum seekers and refugees are not invaders. They are people who we choose to allow into our country. We make this decision based on our own foundational values: democracy, human rights, women’s rights, press freedom, religious liberty. Our humanitarian immigration system does not threaten our country. On the contrary, it represents our nation’s highest ideals made manifest.
hi Jadon,
i msg you earlier also. i applied in 2016 oct and did interview on ur suggestion for expedite on 2017 oct end. but till now there is no response. and in between heard about new asylee geting process faster and old are in pending.
like i expedite my interview date is there anything that i can expedite my result also. As my husband is still there in back home land and kids and myself we all suffering of separation. raising kids as single parent is very difficult also i m always worried about my husband’s safety back there.
plz suggest me if there is anything i can do to get fast result.
thank you
It is difficult to expedite the decision, but you can ask. Contact the asylum office with a (short) explanation for why you need the decision and some evidence about that, and ask for an expediting decision. If nothing else works, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Good luck, Jason
hi Jadon,
i msg you earlier also. i applied in 2016 oct and did interview on ur suggestion for expedite on 2017 oct end. but till now there is no response. and in between heard about new asylee geting process faster and old are in pending.
like i expedite my interview date is there anything that i can expedite my result also. As my husband is still there in back home land and kids and myself we all suffering of separation. raising kids as single parent is very difficult also i m always worried about my husband’s safety back there.
plz suggest me if there is anything i can do to get fast result.
thank you
x
It is difficult to expedite the decision, but you can ask. Contact the asylum office with a (short) explanation for why you need the decision and some evidence about that, and ask for an expediting decision. If nothing else works, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Good luck, Jason
Good
Hi Jason,
I live in Houston TX. Currently on asylum for political issues. Can you represent me?
Please email me at Dennisowen100@yahoo.com
I look forward to it.
I won’t be emailing until next week, so it might be easier if you emailed me: jdzubow@dzubowlaw.com. I can represent a case in TX, but it is usually better to have a local lawyer. If you wanted me to do the case, the first step is a consultation to determine whether I can assist. Take care, Jason
Hi Jason, as a Asylee I try to apply for an unrestricted ssa card today but they say I’ll have to wait until I become PR.
I’m really confused, because on the I94 it say i should apply for it.
Do i need more documents or what can I do?
Thanks
I think you should be able to get the unrestricted SSN, but I am not 100% sure. Maybe contact them again and ask to speak with a supervisor. Take care, Jason
You are 100% eligible to get unrestricted SS card after getting asylum approval decision along with new I94. Sometimes the SS office people are not aware and they tell you such things. It happened to me also. Ask for someone else if they give you same answer again.
Thanks for your reply, do I’ll need my passport? Or only I-94?
Dear Jason,
I have been waiting 2 months for a decision and still nothing. I am under an F1 VISA and I need to apply soon for OPT. Do you think applying for OPT will delay or harm my asylum decision.
Thanks a lot
I think it will have no effect. You might consider contact the asylum office to ask about you case status, as it has been two months. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Thanks a lot Jason. I can also go to the office, is not that far from where I live. Do you think I could get more information if I directly go? Or its the same as calling them.
Its Arlington’s office
I think it is better to go in person. Check their website for the office hours. You can find the website if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Dear Jason,
I checked with them today and they said “2 months is not that long but it should come sooner tan later” they made me fill an inquiry form and made a copy. Is this ok? I read somewhere that when you make an inquiry they like drop your case to the bottom.
Thanks a lot
That is fine. Making an inquiry should have no effect on the outcome or timing of the case. Take care, Jason
Hi Jason
I applied for the renewal of my EAD 6 months ago and I was hoping for the new EAD but today the send a letter for a schedule interview in this month…my question is that can i get my EAD before of after the interview or not? Or maybe I’ll wait for the decision of my coming interview this month?
can you plesae share information?
when did you apply for asylum? which asylum office? did you expedite your case?
thank you
If you win the case, you will be able to work immediately. If there is no decision or the case is referred to court, you will receive the EAD that you filed for, and it should be valid for 2 years. Take care, Jason
I came to US purposely because my only child was sick, he came here on Visa lottery, but unfortunately when I came I was told he passed on and buried here. Because of that I couldn’t go back home, I wish to stay near him here. Staying here I can feel his presence. Can I explain that during my asylum interview. Please I need an urgent reply from you. Thanks
I am sorry to hear this news, and I wish you well. I do not see how this is the basis for an asylum claim, however. If you have some other fear of return or harm in your country, you may be able to seek asylum. An alternative might be a multiple-entry B visa, if you have that, so you can visit the US whenever you need to. Take care, Jason
Dear Jason
Thankyou for the blog it really helps a lot,
I have applied for asylum in last week of september stiil waiting for receipt notice,, how long does it takes?
It normally takes less than a month. You might double check that you sent the application to the correct address. If you sent it to the wrong address, you need to re-send it to the correct address, with an explanation about what happened. If you sent it to the correct address and do not have it soon, you may want to reach out to the local asylum office to see whether they can help. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Thankyou Mr. Jason for prompt reply
I am a regular reader of you blog and appreciate your patience and professionalism in responding to questions of those who are in stressful situation.
Yes It was sent to correct address they asked to send recent photos which i also sent on 13 October still no receipt. Still wondering how can I track or recheck with TX office
If they asked for additional info, that means they have it, and so you should have some evidence of that (a letter asking for the photos?). If you only sent those on October 13, I would give them another couple weeks. In this situation, probably the best bet is to try to talk to the local asylum office, as they are more likely to respond, and they should have info about a case that was filed in their jurisdiction. Take care, Jason
Thanks Jason for your prompt reply. I have another claims, my interview already scheduled. Just to know if I can add that with my explanations.
I think certainly you can mention that and include evidence (such as a death certificate). Such info is relevant to who you are and I think it is relevant to the case too, as it shows the full picture of your life. Take care, Jason
Hi Jason,
I always thought a permanent resident who obtained a green card through Asylum could fill a petition for a spouse to come to the U.S. even though the wait time could take as long as 2 years. But recently, I hear from many people that it is almost impossible for a green card holder to bring his/her family at least until he becomes naturalized. Is that true?
Thank you for everything.
That is false. Anyone with a GC can file for a spouse (though countries subject to the Muslim ban are a major problem). The wait time is almost 2 years – you can check that if you Google “DOS Visa Bulletin” and look at the appropriate category. Take care, Jason
Hi Jason,
In reference to the question, does an approved asylum also take 2 years to sponsor the spouse to come ? doesn’t it normally take less ? because the 2-year got me confused.
Thanks
Hisham
If a person wins asylum and then files an I-730 for a spouse or child, the wait time is pretty unpredictable. We once did the whole process in 4 months, but that was a couple years ago. These days, I think most cases take more than a year. Take care, Jason
Hi Jason,
Thanks a lot for writing back. Is there also an ” expedite ” option for the I-730 ?
Regards
Ali.
There is nothing official, but you can ask. It is easiest to ask at the time you file the I-730 (you can write your request in a cover letter), but you can call USCIS or get an Info Pass appointment, or send them a letter to request expediting. Take care, Jason
Just got a request for additional evidence , It is a birth certificate ! I need a idea of where to get a professional and fast translator from your past experience !
Thank you !!
Anyone who speaks the two languages can translate a document. I wrote about that (including a link to a certificate of translation) on August 24, 2017. Take care, Jason
Hi, Jason. Thanks for your work.
May I ask you a question ? I am currently in affirmative asylum case and waiting for initial asylum interview. (Won’t be interviewed for a very long time).
Now I want to apply for I-131 advance parole. And I am not sure where to file !
This is the instruction of mailing
https://www.uscis.gov/i-131-addresses
Specifically, should I file under Humanitarian Parole Applicant (which I see that neither section applies to me ) or under All other applicants (including re-entry permit applicants) ? I remember in one of your previous post, you mentioned that when USCIS officials designed the advance parole program. They didn’t even think about the situation of affirmative asylum applicant who are waiting for interview needs to travel as well…. I think that is true…
Any suggestion is welcome
The post about AP if from September 11, 2017. I can’t give specific advice about filing forms, and I don’t remember all the categories off the top of my head anyway. I do think that if your application does not fit into the listed categories, than it should be filed to the address for all other applicants, but double check the instructions to be sure. Take care, Jason
Thanks
Hi Mr. Jason:
Thanks in advance for helping us, frankly, it is really a big help to all of us.
I have a question about expediting my case. I applied three months ago but did not interview. To be honest, my Medical issue is serious, it really really bother me. Of course, I had this issue from long time ago, but now, it is much serious. For now, I don’t know am I eligible for expedite now or not since I filed my case three months ago.
The other problem is that it really cost me a lot to do my operation in here, also, even for proving my medical condition would cost me a bit more. Because I have to do examinations that could prove it. I am sure that this problem is not small. It can lead me even to cancer.
So, am I eligible for expedite based on medical condition? What if they tell me to do your operation in here, and we don’t care if you can’t afford it.
Regards,
Those seem like solid reasons to expedite. I wrote about how to expedite on March 30, 2017. Hopefully, you can get a letter from your doctor, explaining about the need to expedite and how completing the case will help you. Also, you might consider getting Advance Parole and traveling overseas for medical treatment – I wrote about that on September 11, 2017. Take care, Jason
What is the worst possible thing that can happened to an lgbt asylym seeker who was a muslim but converted to christianity then become straight and marry a straight person.
If you are talking about immigration consequences, the government might question your credibility and whether you ever lied to get an immigration benefit. You should have evidence to suppose your claims, if possible. As long as this all can be explained, you should be fine, in terms of immigration. Take care, Jason
Hi, Can I authorize a family member (husband or sister) to inquire in person on my behalf at the asylum office without my presence? I am the only one included in my application.
You can try, but they are only supposed to give info to you or your lawyer. Take care, Jason
Hi everyone, just wanted to give you guys some positive hope. I applied for Asylum in 2015 Newark office and expedited my case and had interview at 2017 and got approved two weeks after interview. I applied for green card at 2018 and got approved after 8 months only at Texas service center. Hope you all have a successful end to this long stressful journey with a lot of memories that you will keep telling to your sons and your grand sons. Anyone have questions, please ask.
Congratulations! I’m happy for you. Would you please tell me which office did you apply and how you expedited your case? Do you have lawyer? I wonder if i can ask for expedition on my own though i have a lawyer. Thanks in advance for the answers.
You can ask to expedite on your own (I wrote about that on March 30, 2017). However, it would be a very good idea to tell you lawyer this, so the lawyer is not surprised by an interview and so your case is ready to go. Take care, Jason
For Asylum, office was Newark. For Green card, it was Texas Service Center. I had lawyer for Asylum but he didn’t attend with me but he prepared me very well. For Green card, I didn’t have a lawyer. For expediting, I do have a medical condition which requires weekly follow up with doctor which I couldn’t afford. I got doctor’s note signed and I went to office every week during walk in times and gave them the note and every week I go there with same papers again and after one month, I visited the officer as usual and this time they told me that I have my interview 2 weeks from now.
Did you do an interview again for getting greencard?
No, I didn’t have any interview.
Thank you for sharing this – we are always in need of good news. Take care, Jason
No problem, thanks to you too.
Hi, What reason did you have to expedite? I am asking because I do not have any reason. My family is here with me, but I am wondered if I can expedite my case just saying that I have been waiting for a long long time and there is no end in this waiting.
Actually, Waiting is not enough to expedite, you will need to prove that this waiting has a severe impact on your family. Good luck.
Actually, Waiting is not enough to expedite, you will need to prove that this waiting has a severe impact on your family. For example, If you have a medical condition and you don’t have insurance something like that. Another one, if you have your sons going to or at college and they have strong academic record like straight As or near and university will consider them out of state students paying out of state expensive tuition, then this might be acceptable reason. Good luck
That reason is very unlikely to work, but you never know. If you have any health issues (mental or physical), that could be reason. Take care, Jason
That was my reason and they expedited mine so it worked for me. I think it depends.
Hi, Did they send your GC application to a local office?
No, they haven’t. Take care
Jason,
I agree with a lot of this, but reading it prompts two responses.
First, the fact that our asylum and refugee system projects these messages compliments rather than cross-pressures the Trump Administration. Trump neither views asylees and refugees – particularly those from Central and South America, the Middle East, and Africa – as valuable to America nor people whose activism comports with his vision for the world.
Second, while it’s great to highlight the political importance of granting asylum to journalists, outspoken advocates of women’s rights, and other activists who we laud for their affirmative efforts to change the world for the better, asylum is equally available to more humble individuals who just want to live in peace. Persecuted LGBTQ individuals and members of quiet religious or ethnic minorities may not be headline grabbing, but sheltering them from the worst excesses of their governments is important. Moreover, affirmatively arguing the merits of their claims is a necessary precondition to extending protection to people targeted for persecution by unchecked gangs or violent spouses that perhaps aren’t archetypal asylum recipients or refugees, but have a strong humanitarian claim to aid. As historical violence in our own country has shown, the government need not be the agent of violence for its deleterious effects to be profound. Omitting them from the picture may unwittingly undermine the case for their protection.
As always, I appreciate your thoughtful and forceful defense of a just asylum system in our country.
Hi Jason,
I had my asylum interview in january 2017. It has been almost 2 years now and have heard nothing. Any clue what I should do? My lawyer says that since have DACA, that they have not prioritized my case. Anything I can do about this? It is very stressful living my life in this state of limbo. for such a long time. For reference, my initial asylum application was submitted back in 2011…
You can contact them and inquire. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). After that, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. I have clients who are in status, and I do not think that really affects the time frame of the decision. Usually, it is security background checks, or maybe part of your file is in another office (due to the DACA case). Maybe the inquiry will help with that. Take care, Jason
Hi aryan,
Can you provide what office you filed your case with?
Many of my clients are such people – but it does not change the analysis, in my opinion. I mentioned religious minorities in the article, but the logic applies to others – When we grant asylum to LGBT individuals it represents our commitment to sexual minorities. When we protect victims of DV or FGM, we demonstrate that we value women’s rights and equality. Certainly, we could eliminate the “nexus” requirement and give asylum to anyone who faces harm for any reason (I wrote about that on May 13, 2014), but that is not our system, and I think it is important to recognize what our system does – protect people from certain types of harm, and those types of harms reflect our values. Take care, Jason
Hi Jason, hope you good.
1-if I change my address now that I’m an Asylee it’s going to affect my one year before applying for Green card?
2-when changing the address, should I also file the form for my relatives or its just me the main applicant?
3-Can my child who is in my Country come with someone (can someone get the visa to accompany him)?
1 – No. 2 – If everyone now has their own status (asylee), you might want to file one for each person. 3 – I think so, but you would probably need to look into what documents are needed for the child to travel with an un-related adult. Maybe the airline could help with that. Take care, Jason
Thank you Jason.
Please after how long can I check my status online? And should I use the A number?
You cannot check the status of an asylum case online. That will change in the coming months, but for now, you cannot do it. Take care, Jason
Hi Jason,
I want to get admission to a university. I have a pending asylum case. The university wants to know what is my Visa status? Do you know what will be my Visa status ? I came here with B1/B2 Visa. I have my work permit.
Thanks
Your B status is probably expired. You don’t really have a status. You could put “asylum pending” or “employment authorized” or something like that. I suppose you could put B, since you entered on a B visa. Maybe you can talk to someone there to see what they suggest. Take care, Jason
Hi jason, I am granted asylum and apply for my husband (Iraqi) for I730 form, he did his interview with consulate 8 months ago and his case still under Admin process. How long is the maximum to get his visa? Approximatley?
Thanks
Hi Sara,
Can you please share what are the documents embassy requested for his interview and what was the process after your approval from USCIS?
I am waiting for my interview as well but not hear from them yet.
Thanks.
Unfortunately, there is no maximum, and we have also seen delays for people in this process. You can email the embassy directly (the consular section – you can find their email on the embassy website). Also, you might reach out to a Congress person for help. You can find the contact info for Congress you follow the links at right called House of Representatives or Senate (under Asylum Seeker Resources). Take care, Jason
Hi Sara,
Do you mind sharing how long the process took from the day of filing of I730 till the consulate interview ?
Thanks
Hisham
Thanks so much for your great articles. Please can you inform me about an issue?
– My parents are staying in USA with Green Card, provided after reunion with my brother (USA citizen).
Can they fill any application form for me (I’m married and I have 2 children)? If YES, how long could it be this process?
Thanks in advance
Ela from Albania
They can file for you – Google “DOS visa bulletin” and you will see the waiting period for an adult married child – it is long (maybe 8 or 10 years, I haven’t looked at it in a while). Also, you would need to remain lawfully present in the US if you are here and want to get your GC from them, and this will be very difficult. I wrote something about this on August 28, 2018 and September 6, 2018. Take care, Jason
I love this!! Thank you Jason.
Always great Articles Sir, I have been contacting you earlier as well. I am a co applicant on my Husband’s asylum application in court. We are not living together for last 16 months. i am planning to divorce him and he is ready for it. A local lawyer said that she can get the divorce done in about one month as an uncontested where you don’t go to court. My questions are:
1 Will this uncontested divorce be valid as we are in immigration court?
2 How soon after the divorce I can remarry(a US Citizen)? Tomorrow this divorce shall not have any problem in my US citizen spouse sponsoring me, we don’t have separate postal address or anything but the lawyer said if both the parties agree on a previous separation date she can get us divorced? Please Help..
1 – You will be considered divorced for immigration purposes. If you are a dependent on his asylum application, you would need to file a new asylum application for yourself. You should do that as soon as possible, even before the divorce is final if you can, as failure to file within a “reasonable period of time” (whatever that means), could result in denial of your asylum claim. 2 – If you are legally divorced, you can legally re-marry. I do not think there is any waiting period, but that may depend on stats law. You can check with the clerk of your local state court (who officiates marriages). Take care, Jason
Thanks Sir, but why should I file for asylum as I have no grounds for that but if I get married immediately after divorce, can’t my citizen spouse sponsor me for green card?
Regards:
Lisa
If you have no grounds for asylum, you should not file, but you should know that as soon as you are divorced, you will no longer be a dependent on your current spouse’s asylum case. Assuming you are eligible, you should be able to get the GC based on the new marriage. Take care, Jason
Such a well-written article! Deepest condolences to all my fellow Jewish-American brothers and sisters in this difficult time.